Ownership and Usage (collectively the “Services”)a. Affiliate retains all right, title and interest in and to any and all Content createdas part of this Agreement. In addition, Affiliate retains all rights with regard totheir name, image, persona, likeness, voice, publicity, signature, performance,character, all statements made by Affiliate, facial expressions, biographicalinformation, personal history, screen name or handle, social media name, andother indicia of Affiliate’s identity (collectively, “Affiliate’s Likeness”).Notwithstanding the foregoing, and Affiliate grants to Brand a non-exclusive,non-transferrable, royalty-free, worldwide right and license to organically use theContent, for the limited purposes of reposting and hosting the Content,throughout the Term (from the post date and up to thirty days thereafter) onBrand’s -owned social media channels (collectively, the “Platforms”) while giving Affiliatecredit in each use. Any additional usage outside of the agreed terms under thisSection 3(a), is subject to additional fees and will be an addendum to thisAgreement. Relationship of PartiesThis Agreement does not create an employee/employer relationship between theParties. It is the Parties’ intention that the Affiliate will be an independent contractorfor purposes.PaymentBrand shall pay Affiliate a 10% commission rate on all purchases made through the affiliate network. Representations and Warrantiesa. Affiliate represents and warrants to Brand that: (i) it has the necessary authorityto enter into this Agreement; (ii) it shall comply with all applicable influencermarketing disclosure laws in the performance of its obligations hereunder and (iii)it shall perform its obligations hereunder in a competent and professionalmanners.b. Brand represents and warrants to Influencer that: (i) it has the full right, powerand authority to enter into this Agreement; (ii) it has all the rights, licenses,consents, permissions and approvals necessary to grant the rights and licenseswith respect to the Brand Materials, as granted under this Agreement, and theBrand Materials do not infringe or violate any third party rights; (iii) the product orservice required to be promoted, endorsed or reviewed by Affiliate hereunderdoes not infringe any third party rights; (iv) any Content created hereunder willnot be edited or modified without the express written consent of Affiliate; (v)credit will be given to Affiliate through links and tags attached to the Contentwhile hosted on the Platforms; (vi) the product or service required to be promoted, endorsed or reviewed by Affiliate hereunder will conform at all times to all applicable federal, state and local laws, rules, regulations, ordinances and other enactments and industry standards, including but not limited to, those relating to product safety; (vii) the products required to be promoted, endorsed or reviewed by Influencer hereunder will be merchantable and fit for thepurpose for which they are intended; (viii) no injurious, deleterious or defamatorymaterial, writing or images shall be used in connection with Affiliate’s Likenessor the Content; (ix) Affiliate will at all times retain creative control over theContent and any related captions to ensure authenticity to Affiliate’saesthetic, brand and audience.
Our affiliate program enables approved publishers to promote Park & Fifth using tracked links. Commission is earned on valid purchases driven through these links, subject to the terms below. Affiliates earn a 10% commission on gross sales (excluding taxes and shipping). Commissions are locked and paid 30 days after the transaction, provided no return or fraud occurs. Affiliates may not use pay-per-click (PPC) advertising to promote Park & Fifth, including bidding on branded keywords or any variation/misspelling of our brand name. Direct linking to our site from paid ads is prohibited. All PPC campaigns must link to the affiliate's own landing page. Affiliates may not use “Park & Fifth” or any variation in domain names, usernames, or social handles. Misleading representations of the brand (e.g., appearing to be our official site) are not permitted. Affiliates may promote only coupons provided through the affiliate program or approved in writing. Unauthorized or expired coupon use may result in commission reversal. Email marketing is permitted only to the affiliate’s own opt-in list. Sending unsolicited email (spam) is grounds for removal from the program and commission forfeiture. Affiliates must not send traffic from incentivized sources, fake clicks, bots, or click farms. Violations may lead to removal and forfeiture of earnings. We do not permit affiliates operating sites with adult content, illegal material, or hate speech to participate in our program. Any attempt to manipulate tracking, cookie stuffing, or generate fraudulent transactions will result in immediate termination and commission cancellation. Either party may terminate participation in the affiliate program at any time, with or without cause. Any outstanding valid commissions will be paid according to the payment schedule. Affiliates must clearly disclose their relationship with Park & Fifth in accordance with FTC guidelines. Publishers are responsible for their own tax filings related to affiliate income.
