ASTR THE LABEL AFFILIATE AGREEMENT
Please read this Affiliate Agreement carefully before you join our Affiliate Program or begin marketing our Affiliate Program. By applying to be a ASTR the Label affiliate ("Affiliate"), you (a) agree to abide by these terms and conditions and our privacy policy if you are accepted into the Affiliate Program, (b) acknowledge and agree that these terms and conditions and our Privacy Policy constitute an agreement between us and you upon your acceptance into the Program (the "Agreement"); (c) represent and warrant that you are lawfully able to enter into this Agreement; and (d) acknowledge and agree that you are and will remain in compliance (and will be responsible for assuring that your employees, agents and contractors comply) with the terms and conditions of this Agreement. This Agreement is written in plain language intentionally avoiding legalese to ensure that this Agreement may be clearly understood and followed by Affiliates.
DEFINITIONS
As used in this Agreement:
1. "ASTR the Label®", "we", "us" or "our" refers to ASTR the Label and our website.
2. "you" or "your" refers to the Affiliate.
3. "our website" refers to the ASTR the Label properties located at http://www.astrthelabel.com/.
4. "your website" refers to any website, web pages, or other online services that you control and will link to our website.
5. "Program" and "Affiliate Program" refer to the ASTR the Label Affiliate Program.
6. "Products" refers to any products sold or distributed by ASTR the Label Brands.
7. "Qualifying Purchases" refers to purchases made when all of the following requirements are made:
1. (i) a customer clicks through a special link on your website to our website; (ii) during a single session that the customer adds a Product to his/her shopping cart and places the order for that Product no later than 30 days following the customer's initial click-through; and (iii) the purchased Product is paid for by the customer.
8. "Trademarked Terms" refers to the ASTR the Label's registered trademarks.
PURPOSE
The purpose of this Program is to permit you to advertise Products on your website and to earn advertising commissions for Qualifying Purchases.
ENROLLMENT
After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. In order to be eligible for the Program, you must also agree to the Terms of Use of AWIN, our payment processor for the Program.
Please allow up to 48 hours for your application to be reviewed. We reserve the right to reject any application; however, we encourage you to contact us if you feel we have made an incorrect decision. Your inclusion of all of your websites that you plan to use in your profile will help us make a better decision.
COMMISSIONS
For more information on the commissions you may be eligible to earn for Qualifying Purchases, please visit our commission guidelines below, which are incorporated by referenced in their entirety in this Agreement.
RESPONSIBILITY FOR YOUR WEBSITE
You hereby represent and warrant that you will be solely responsible for your website, including its development, operation and maintenance and all data, content and materials that appear on or within it. ASTR the Label will have no liability for any claims, damages, losses, liabilities, fines, penalties, costs and expenses relating to (a) your website or any data, content or materials that appear on your website; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your website; (c) your use of any content; and (d) your violation of any term or condition of this Agreement.
WEBSITE RESTRICTIONS
Your participating website(s) may not:
1. Infringe on our or any anyone else's intellectual property, publicity, privacy or other rights.
2. Violate or be used to violate any law, rule or regulation.
3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to or may damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Affiliate commissions from another website.
6. Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to our website, user accounts, or the technology and equipment supporting our website.
7. Violate any of our policies.
8. Post non-ASTR the Label advertising or marketing links or content, except as specifically allowed by this Agreement.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the Affiliate interface. When linking to our website, you agree:
1. You will only use linking code obtained from the Affiliate interface without manipulation.
2. Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
4. You may not engage in cookie stuffing or include pop-ups or false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
5. Your website may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
SUB-AFFILIATE NETWORKS
Promoting ASTR the Label through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the ASTR the Labelprogram adhere to our program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the ASTR the Label program.
Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.
NO DECEPTIVE PRACTICES
If you engage in deceptive practices, such as redirecting links by sending users indirectly to our website via an intermediate site or website and without requiring a user to click on a link or take some other affirmative action on that intermediate site or website, we may in our sole discretion void your current and past commissions or set your commission level to 0%.This does not include using "out" redirects from the same domain where the Affiliate link is placed.
PAY PER CLICK GUIDELINES
When participating in Pay Per Click ("PPC") advertising, you must adhere to our PPC guidelines as follows:
1. You may not bid on any of our Trademarked Terms (which are identified below), including any variations or misspellings thereof, for search or content based campaigns on advertising networks, search services, or similar services, including but not limited to Google, MSN or Yahoo.
2. You may not use our Trademarked Terms in sequence with any other keyword (i.e. ASTR the Label Coupons).
3. You may not use our Trademarked Terms in your ad title, ad copy, display name or as the display URL.
4. You may not directly link to our website from any PPC ad or use redirects that yield the same result. Visitors must be directed to an actual page on your website.
5. You may not bid in any manner appearing higher than ASTR the Label for any search term in position 1-5 in any auction style PPC advertising program.
If you automate your PPC campaigns, it is your responsibility to exclude our Trademarked Terms from your program and we strongly suggest you add our Trademarked Terms as negative keywords. We have a strict no-tolerance policy on PPC trademark bidding. You will forfeit, at minimum, all commissions from the past 30 days and your commission will be set to 0% without warning if you engage in PPC bidding that uses our Trademarked Terms. We reserve the right to add additional terms to our Trademarked Terms at any time, and this Agreement applies to the use of any such additional Trademarked Terms.
COUPON GUIDELINES
If your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows or you will be subject to removal from the Program:
1. You may ONLY advertise coupon codes that are provided to you through the Affiliate Program or our Affiliate Network, (i.e. AWIN) or that are displayed on our public website(s).
2. You may ONLY display coupons in their entirety with the full offer, valid expiration date and code.
3. You may NOT post any information about how to work around the terms and conditions of a coupon/promotion (e.g., describing how existing customers can qualify as a first time customer to benefit from an offer to first time customers only).
4. You may NOT use any technology or technique that conceals or obscures the coupon code such that only an Affiliate click will reveal the code(s).
5. You may NOT advertise coupon codes obtained from our non-Affiliate advertising materials, e-mail marketing materials, paid search campaigns, or any other marketing or campaign.
6. You may NOT give the appearance that any offer requires clicking from your website in order to redeem. For example, if all items over $100 on our website have free shipping, you may not turn this into an offer that implies that the customer must click from your website to get this deal.
If your website ranks on the first page of Google search results for Trademarked Terms combined with words such as coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders. The current rate we offer in these situations is 2%.
COMPLIANCE WITH LAWS
In connection with your participation in the Program, you agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any governmental authority that has jurisdiction over you, including without limitation laws (federal, state or otherwise) that govern marketing e-mail, telephone calls and text messages.
FTC's ADVERTISING DISCLOSURE REQUIREMENTS
" Disclosures must be located as close as possible to the claims.
" Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g., the disclosure should be visible before the jump).
" Pop-up disclosures are prohibited.
You shall comply with all FTC guidance and regulations related to advertising disclosure requirements. For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines a twww.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC's Endorsement Guidelines at business.ftc.gov/advertising-and-marketing/endorsements.
DOMAIN NAMES
Your use of any of our Trademarked Terms as part of the domain or sub-domain for your website is strictly prohibited e.g., astrthelabel.website.com or www. astrthelabel-coupons.com, etc.
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written or visual material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) and any applicable state laws.
2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of ASTR the Label.
3. As noted above, submit e-mail content to us for written approval in advance of distribution.
SOCIAL MEDIA
Promotion on Facebook, Twitter, Instagram and other social media platforms is permitted following these general guidelines:
1. You ARE allowed to promote offers to your own lists; more specifically, you are welcome to use your Affiliate links on your own Facebook, Twitter, Instagram etc. pages. For example: You may post, "25% off sale at ASTR the Label through Wednesday with code ASTRtheLabel25."
2. You ARE PROHIBITED from posting your Affiliate links on ASTR the Label's Facebook, Twitter, etc. company pages in an attempt to turn those links into Affiliate sales.
3. You ARE PROHIBITED from running advertisements on our social media platforms using the Trademarked Terms.
OPERATIONS OUTSIDE THE UNITED STATES
If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union's Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.
REVERSAL & COMMUNICATION POLICY
We reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in this Agreement.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be connected to a violation of this Agreement, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
1. Your responses are intentionally vague, not forthcoming or are found to be untrue.
2. You are not responsive to our requests within a reasonable time period and after multiple attempts to contact you using the information listed in your network profile.
3. You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.
If any of the above are applicable, we reserve the absolute right to reverse orders, set your commission to 0%, suspend or terminate you from the Program for the period or orders in question. We know that many violations are a result of automated processes; however, it is required that each Affiliate monitor and pro-actively resolve any problems and adhere to our Program rules.
RELATIONSHIP OF PARTIES
As an Affiliate, you are serving as an independent contractor, and nothing in this Agreement or the Affiliate Program in general creates an agency, franchise, partnership, sales representative or employment relationship between you and Stella & Dot. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that will reasonably contradict anything in this section.
TERMINATION OR REVISION OF THE AFFILIATE PROGRAM
We reserve the right to terminate or revise the Program at any time, including by providing a change notice, a revised Agreement, or revised documentation of the Program.
