This Affiliate Program Legal Agreement (the "Agreement") is entered into by and between Fur (the "Company") and the Affiliate ("Affiliate"), collectively referred to as the "Parties." This Agreement sets forth the terms and conditions under which the Affiliate may promote the Company's products and services.
1. PPC Compliance (Pay Per Click)
1.1 Branded and Website Terms: The Affiliate is strictly prohibited from engaging in PPC advertising on any branded or website terms related to Fur. This includes, but is not limited to, Fur trademarks, the Company name, and any variations or misspellings of the domain names.
1.2 Trademark Bidding: The Affiliate may not bid on Fur trademarks, the Company name, or domain names. However, TM+ bidding may be permitted under a mutually agreed-upon partnership between Fur and the Affiliate. Any such agreement must be explicitly documented in writing or within the platform settings.
1.3 Negative Keywords: If TM+ bidding is permitted, the Affiliate is required to use “negative keywords” to prevent the search engine from broad-matching the Company terms with keywords like “coupon” or similar. Failure to implement this requirement will result in the forfeiture of commissions related to such campaigns and can risk removal from the program.
2. Coupon Compliance
Our goal for this channel is to drive top-of-funnel and mid-funnel sales that are not reliant on bottom-of-funnel coupon capture strategies.
2.1 PPC Bids on TM+: Affiliates are only permitted to engage in PPC bids on TM+ bidding when there is a mutually agreed-upon partnership with Fur. Commissions will not be paid out to Affiliates who violate this rule and risk removal from the program.
2.2 SEO Tactics: Affiliates are not allowed to utilize SEO tactics centered around the Fur brand name. Any unauthorized SEO activities will result in the immediate termination of partnership within the program.
2.3 Partial Commissions for Top-of-Funnel Traffic: Fur may offer partial commissions to Affiliates who drive top-of-funnel traffic that contributes to the sales funnel. The eligibility for these partial commissions will be determined solely by Fur based on the effectiveness of the traffic in leading to conversions.
2.4 “Click to Reveal Coupon Code” Strategy: Fur will evaluate the effectiveness of the “Click to Reveal Coupon Code” strategy on a case-by-case basis. Commissions will be considered if this strategy results in direct clicks to Fur’s brand pages and contributes to sales.
2.5 Custom Coupon Codes: Fur will not offer commissions on sales generated through custom coupon codes if the traffic driving those sales originates from another Affiliate. This is to ensure fair compensation and attribution within the affiliate network.
3. Sales Tax & Government Regulation
3.1 Compliance with Laws: The Affiliate agrees to comply with all applicable laws, regulations, and rules, including but not limited to those related to sales tax, advertising, and consumer protection.
3.2 Marketplace Fairness Act Compliance: In accordance with the Marketplace Fairness Act, the Affiliate is responsible for collecting and remitting any applicable sales taxes in the states where they have a substantial nexus, as defined by law. The Affiliate must ensure compliance with state and local sales tax laws and is responsible for any penalties or interest arising from non-compliance.
3.3 Government Regulation: The Affiliate must ensure that all promotional activities comply with any governmental regulations, including but not limited to disclosures related to affiliate marketing and advertising.
4. Termination
4.1 Termination for Cause: Fur reserves the right to terminate an Affiliate Partnership Agreement immediately if the Affiliate violates any of the terms outlined herein. Termination will result in the forfeiture of any unpaid commissions and may result in further legal action.
4.2 Termination Without Cause: Either Party may terminate this Agreement without cause by providing 30 days' written notice to the other Party.
5. Miscellaneous
5.1 Entire Agreement: This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, discussions, or representations.
5.2 Amendments: Any amendments to this Agreement must be made in writing and signed by both Parties.
5.3 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Fur is headquartered, without regard to its conflict of law principles.