In Consideration of the term and covenants of this Agreement and other valuable consideration, the parties agree as follows:
1. General Policies
• Your website or social media profile must be live at the time of application.
• Your website or social media profile must have emphasis as to fitness or health-related content.
• Your website or social media profile must feature unique, value-added content such as reviews, product comparisons, and content related to the health and fitness industry.
• Your website is not a coupon site.
• You agree that you will not misrepresent your relationship with Sunny Health & Fitness, authorized dealers, and/or other affiliated partners.
1-1. Paid Search / Media Policies
• You agree that you will not buy or bid on any Sunny Health & Fitness trademarked keywords, phrases, or product SKU numbers on any pay-for-placement search engines or other paid inclusion programs.
Such prohibitions on branded keywords include, but are not limited to, "Sunny Health & Fitness", "SunnyHealthFitness.com," "Sunny Health & Fitness Coupons", "Synergy", "Row-N-Ride™", "Row-N-Ride Pro™", "SunnyHealthFitness," or any variations and misspellings thereof.
• You agree that you will only use generic (aka non-branded) terms such as "exercise bike", "strength training equipment", "power racks", and "power lifting rack" in your paid search ads.
1-2. Comparison Shopping Policy
• You agree that you will not submit any data feeds that include Sunny Health & Fitness products directly to any shopping portal or marketplaces, including but not limited to: Google Shopping, Microsoft Shopping, Facebook Marketplace, etc.
1-3. Domain Name / Social Profile Branding Policy
• You agree not to use the phrase "Sunny Health & Fitness" or any misspellings, incorrect grammar, or variations in your domain name(s) or social profile handles. This includes, but is not limited to, the word "Suny”, "Sunny", "Sunny Health and Fitness", "Sunny Health" and such or similar various.
1-4. Content Policy
• You agree that no inappropriate or unauthorized use of Sunny Health & Fitness trademarked images or content is allowed without express written permission of Sunny Health & Fitness.
• You agree that you will not spam, overuse, or keyword stuff Sunny Health & Fitness trademarks, name brands, domain names, and variations for SEO purposes.
1-5. Pricing Policy
• You agree that you will not misrepresent the prices listed on SunnyHealthFitness.com.
• You agree that you will only reference the MSRP, and the pricing listed on SunnyHealthFitness.com for its products.
1-6. Coupon Code Policy
• You agree that you may only utilize promotion, promotion code, coupon, or promotional opportunity specifically provided to you by Sunny Health & Fitness in connection with the Program.
• Affiliate shall only promote Sunny Health & Fitness products with discounted coupon pricing by prominently noting that a coupon is being applied to achieve a lower product price.
For example, if Sunny Health & Fitness has a product for sale for $100, but there is an active 10% off coupon for such product, you may only promote the product for $90 by stating that the $90 price is only available when the coupon is applied—i.e., "get this [product] when you use this 10% off coupon."
• You agree that the use of coupons or promotional codes not authorized for affiliate use will result in the reversal of any affiliate commissions and potential removal from the Program.
• You agree not to display expired coupons on your revoked or disapproved sites and social profiles. We are not responsible for honoring any expired coupon codes or expired affiliate links.
1-7. Logo & Promotion Media Usage Policy
• You agree that you will keep all images of the Sunny Health & Fitness logo up to date and current. Only approved logos in the Program will be authorized.
• We may share promotion media such as banners, logos, or specific collection promotions with you through the Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels.
1-8. Prohibited Content Policy
Agreed that you will not:
• Make false statements that could potentially mislead or endanger customers.
• Operate or utilize a Web site or e-mail link to Web sites that contain or promote any of these types of content is strictly prohibited: libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or that offer any illegal good or service, or link to a Web site(s) that do so.
• Use of spyware, adware, malware, toolbars, any other form of unsolicited cookie insertion, parasitic, or stealth software is strictly prohibited.
• Engage in spamming, indiscriminate advertising, or unsolicited commercial e-mail.
• Engage in cybersquatting or typo squatting.
2. Affiliate Links and Coupon Tracking
• The affiliate link is automatically generated, but you can also generate an affiliate link for a specific product or collection. If an individual clicks on another person’s referral link, and then later they click on yours, yours is the one that counts.
• An Affiliate may or may not be assigned to one coupon code with details and usage clarified on the Dashboard.
• If customers both click on your affiliate link and use a coupon code, you will not receive a double commission.
• If you're not assigned a branded coupon, then you are prohibited from promoting the coupon.
• You will not receive a commission for your own orders.
2-1. Cookies
• We use a “cookie” to track individuals who have clicked on your link, so they need to be using cookies for us to track them. If a person doesn't allow cookies or clears their cookies, then we can't track them, so we can't pay earnings on that person's activity.
• Cookies day is identified on the Affiliate registration form. The tracking day will start from the time a customer clicks on the Affiliate's link or use the coupon. Within the cookie time, every order made by this customer at the merchant website will automatically result in commissions to the Affiliate (There is no need for the customer to click on the affiliate link then).
3. Commissions and payment schedule
• Refer any customer to make a qualified purchase on our website, and you will get a commission amount which is calculated based on commission structure. Commissions are dependent on the completed order value (excluding taxes, shipping cost, financing, etc.). Use of the Program is subject to a fair use policy which affords us the right to review each and every referral order for accuracy and compliance purposes.
• In order to process your commissions, you must specify the payment details on the settings dashboard and submit:
For US Resident must provide W-9 form.
For International Affiliate
• Acknowledge and agree that all services / activities in which related to this affiliate program are from outside USA (International Affiliate Agreement)
• Provide W-8BEN or W-8BEN-E as required by Internal Revenue Service
• Provide Form Form 587 as required by California Franchise Tax Board
For international affiliates, taxes will be withheld from commission payment as follows: Up to 30% as required by Internal Revenue Service; 7% as required by California Franchise Tax Board.
• Completed sales transactions are locked one (1) month after the end of the month they are tracked. We will issue the payment for approved transactions 21 days after the end of the day they are locked.
• Payment threshold for commission payment is US$25. If this threshold is not met at the scheduled payment for approved transactions, the commission amount will be carried over to the subsequent payment schedule until the threshold is met.
• The status of the commission is displayed in the commission tab. Any paid commission will be listed on the payment tab.
• Transactions that result in chargebacks or refunds will not be paid out and if it has been paid, this commission will be deducted to the next payment process.
4. Material Connection Disclosure
• You must make a disclosure if you receive or have received any payment, incentive, discount, or free item from Sunny Health & Fitness or a third party on behalf of Sunny Health & Fitness whenever you post or share content that promotes Sunny Health & Fitness equipment, products, or services. The need to disclose your connection to Sunny Health & Fitness applies even if what you post about Sunny Health & Fitness was not affected by the payment, incentive, discount, or free items. When in doubt, disclose your connection to Sunny Health & Fitness.
• If you fail to disclose your connection to Sunny Health & Fitness, or we receive an inquiry or complaint about your activities, we may discontinue our relationship with you and require the return of any compensation. You also agree to indemnify, defend, and hold Sunny Health & Fitness harmless for all related claims and liabilities.
Please refer to the FTC's Endorsements Guides (www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf) and related FAQs (www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking).
5. Removal or Termination from Referral Program
5-1. Request for Removal
If you wish to be removed from the Program, please contact: affiliate@sunnyhealthfitness.com.
5-2. Affiliate Termination
We reserve the right to terminate or revoke any Affiliate membership without prior notification to the Affiliate at our discretion.
5-3. Program Termination
We reserve the right to modify or terminate the Program without prior notification to the Affiliate.
5-4. Outstanding Payment Upon Removal or Termination
We will issue the payment for approved transactions 21 days after the day they are locked. We reserve the right to revoke and disapprove prior locked sales transactions generated in bad faith, wrongfully or in violation of the Program at our discretion.
5-5. Coupons and Affiliate Links Expiration
Your coupon codes or and affiliate links expire upon the removal or termination of your Affiliate membership. We will not honor and process any additional sales transactions associated with your affiliate account.
6. Privacy Policy
Your participation in the Program is strictly subject to the applicable to our privacy policy and/or any third-party administrator’s privacy policies.
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