This Affiliate Program Agreement (“Agreement”) is between an Affiliate (“you,” “your”) and Start Your Boutique (“we,” “our,” “the company”). Company and Affiliate are collectively known as the “Parties”. Your participation in the Affiliate Program is conditional on your acceptance of the terms and conditions contained in this Agreement. You are deemed to have accepted this Agreement by applying to participate in the Affiliate Program.
The purpose of this Agreement is a collaborative effort between the Parties to promote the sale of the Company’s product(s) or service(s).
TERMS OF THE AGREEMENT
RELATIONSHIP OF THE PARTIES
Ownership of Property. All contracts, photographs, copyrights, trademarks, designs, intellectual property, website(s), graphics, images, legal documents, financial accounts, insurance, software accounts and other related business documents, including content created only for the purpose of fulfilling this Agreement remains the property of the contributing party. The non-contributing party hereby receives a non-exclusive, revocable license to any listed property only for the purpose of fulfilling the terms of this Agreement, unless otherwise declared and agreed to in writing by both Parties to this Agreement.
Responsibilities. The parties are responsible for executing the following tasks on-time and in cooperation with the other Party.
- Company will provide Affiliate with affiliate link(s), commission(s) and collateral materials for the promotion of Company’s product(s) and/or service(s).
- Company will provide Affiliate with a reasonable amount of material to create promotional content and/or materials for Affiliate’s audience.
- Company will provide Affiliate with compensation at a rate of 25%, less any chargebacks, refunds, discounts or credit card fees per sale. For example, if Company sells a product for $1497, and Affiliate earns a 25% commission per sale, Affiliate will earn $374.25.
- Company will pay Affiliate in a reasonable manner. Payout will be on the fifth of every month for all students that enroll the month prior (i.e. if 10 students enroll throughout the month of December, you would net $3,742.50 to be paid on January 5).
- Company will pay Affiliate by Paypal.
- Company reserves the right to invoice Affiliate in the event of a successful chargeback attempt.
- Company will make reasonable efforts to cooperate with Affiliate in the event of a payment discrepancy or error in accounting.
Affiliate’s Responsibilities (“Affiliate Services”):
- Affiliate will make reasonable efforts to sell the Company’s product(s) and/or service(s) with the affiliate link(s) provided by Company.
- Affiliate recognizes and understands that if one of its sales is refunded or results in a successful chargeback, Affiliate will forfeit its commission to Company.
- Affiliate is responsible for monitoring any and all commission account(s) for any discrepancies it feels has occurred and reporting any such discrepancy in a timely manner to Company.
Costs. The Parties shall be responsible for bearing the expenses arising out of or related to their duties for the Affiliate Program purpose unless otherwise specified in this Agreement.
Independent Contractor Relationship. By signing this Agreement, the Affiliate becomes an independent contractor of Company. Affiliate and any related sub-contractors are not employees, partners or members of Company. Affiliate has the sole right to control and direct the means, manner and method by which the Affiliate Services in this Agreement are performed. Affiliate has the right to hire assistants, subcontractors or employees to provide Company with its Affiliate Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA), registrations or permits. Company is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to Affiliate.
Prohibited Actions. You agree not to:
- Purchase from Start Your Boutique using your own personal affiliate link. To clarify, you, as an affiliate, cannot register yourself as a referral.
- Misrepresent Start Your Boutique or any of our other properties, products, or services.
- Disparage Start Your Boutique, our website,any of our other properties or any Start Your Boutique-affiliated products including, without limitation, any references to Start Your Boutique or any of our other properties using the words “scam,” “rip-off,” or any words with a similar or associated meaning in any advertisement or website copy.
- Engage in any conduct that is likely to impair or cause damage to the operation of Start Your Boutique or the StartYourBoutique.com website whether by way of a virus, corrupted file or through the use of any other software or program.
FTC guidelines. You agree to follow the FTC endorsement guidelines (click here to read “The FTC’s Revised Endorsement Guides: What People are Asking”)
Spam. We have a zero tolerance policy towards SPAM or any Affiliate associated with SPAM. If, at our absolute discretion, we establish that you are involved with SPAM in any way including creating, sending, or otherwise distributing SPAM we may immediately terminate your Affiliate Program account and you will forfeit all Commissions owed to you.
Affiliate link. You are solely responsible for ensuring that your Affiliate Link is set up correctly. We are not responsible for your failure to receive any Commission due to the incorrect formatting or configuration of your Affiliate Link.
Email. You agree to receive email or other electronic communications from us (like when you earn a commission) site updates, promotion resources, and other announcements and correspondence. You agree that all electronically-sent agreements, notices, disclosures and other communications that we provide satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. We accept no responsibility for the accurate receipt of any such emails and you are responsible for ensuring that your email address is not blocked or impaired in any way, including by ensuring ‘white-listing’ of our email address.
If you unsubscribe from receiving our emails, you acknowledge and understand that you may no longer receive information or updates from Start Your Boutique, related courses, or any of our other properties.
INDEMNIFICATION AND LIMIT OF LIABILITY
Maximum Damages. Parties agree that the maximum amount of damages they are entitled to in any claim arising out of or relating to this Agreement or the services provided in this Agreement are not to exceed Party’s total cost spent or earned on producing content or work products for the Affiliate Program.
Indemnification. Parties agree to indemnify and hold harmless the other Party and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Affiliate Program.
Assumption of Risk. Parties and related parties/ participants expressly assume the risk of participating in the Affiliate Program as described in this Agreement. Parties understand that some or all parts of any Affiliate Program purpose could involve unknown risks or variables, and Parties and any related persons Parties are respectively responsible for and assume the risk of conducting themselves properly given the circumstances.
Publication of Images. Either Party may publish or submit for publication any photograph it owns that is produced in the course of fulfilling this Agreement for any reasonable and related purpose of Parties’ Affiliate Program, such as, but not limited to publication in: Parties’ own blogs, third party blogs, magazines, publications, advertisements or other legitimate places that advance the purpose stated in this Agreement.
Notification of Use. No Party is obligated to notify the other Party of its publication or other use of any image or images it owns.
Photo Release. Parties release their image and likeness for use in the Affiliate Program or to promote the purpose of this Agreement.
Cancellation. Both parties to this Agreement reserve the right to cancel their role in the Affiliate Program at any time without notice.
Full Force and Effect. All provisions, including the Confidentiality provisions, remain in full force and effect for a period of one year after the Cancellation Date.
Cancellation Due to Impossibility. Any Party may choose to be excused of any further performance obligations in the Affiliate Program if a disastrous occurrence outside the control of either Party occurs, such as natural disaster (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation); war, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or any hazardous situation created outside the control of either Party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Confidentiality. The Parties may, at times, disclose certain information as a result of their participation in the Affiliate Program. The Parties shall collectively and individually keep all trade secrets, discussions and other privileged information within the course of maintaining and promoting anything of or related to the purpose of the Affiliate Program, their individual businesses, or this Agreement confidential. Information is privileged when it would otherwise materially harm either of the Parties in their individual businesses, or describe information that is not public nor ever intended to be public.
Public or Prior Knowledge. Confidential information does not include any previously known information prior to entering this Agreement, any information publicly disclosed (other than by disclosing Party or related parties), or any information that is required to be disclosed by law, order of a court or other judicial or administrative body.
Breach of Confidentiality. If a breach of confidentiality occurs accidentally or willfully, the non-breaching party is entitled to any actual damages and/or an injunction as a result of the breach.
Governing Law. The laws of New York State govern all matters arising under or relating to this Agreement.
Mediation. The Parties shall seek to resolve any dispute related to or arising out of this Agreement or the matters related in this Agreement through cooperation with the other Party. If further intervention is necessary, as deemed by one or both Parties, the Parties shall seek alternative dispute resolution through mediation in Kings County, New York.
Titles and Headings. The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement if there is an ambiguity.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
Merger. This Agreement constitutes the final, exclusive agreement between the Parties on the matters contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendments. We reserve the right to amend this Agreement as needed from time to time. You are bound by any changes made to this Agreement and your acceptance of any income through or due to the Affiliate Program will be regarded as an acceptance by you of any changes to this Agreement. We will endeavor to inform you of any changes made to this Agreement via email.