Tailor Brands

Tailor Brands

ID | 19657

Summary

Tailor Brands is the largest automated logo maker and design platform in the world, helping more than 16M individuals and SMBs worldwide. Tailor Brands helps you develop a unique brand identity for your business with our customized branding tools!

Payments

Attribution Period (Cookie Length)

30 Days

Links

Website

Tailor Brands Affiliate Program Agreement

This Tailor Brands Affiliate Program Agreement (“Agreement”) governs the relationship between Tailor Brands Ltd. (“Tailor”, “us” or “our”) and the entity accepting this Agreement (“Affiliate”, “you” or “your”).

  1. Introduction
    1. This Agreement covers the terms and conditions in relation to the Tailor Brands affiliate program (“Affiliate Program”), as further described below.
    2. As an Affiliate, you will promote Tailor’s website, applications and services (“Tailor’s Website” or “Our Website”) through your website (“Affiliate’s Website” or “your website”), subject to the terms, conditions and considerations set forth herein.
    3. By applying or participating in the Affiliate Program you agree to the terms, conditions and considerations of this Agreement, as a binding legal instrument between you and us.
    4. We may update this Agreement, at our sole discretion, upon notice. Our updated Agreement will come into force and effect three (3) days following our written notice, providing you with the opportunity to decide whether to accept our updated Agreement or terminate your engagement with us.
    5. If you decide to end your participation with the Affiliate Program following receipt of the updated Agreement, you must send a termination message to: Affiliates@Tailorbrands.com For the sake of clarity, if do not provide us with a written termination notice before the updated Agreement takes effect, you signify your acceptance of the updated Agreement.
  2. Application
    1. You must be of legal age to form a binding contract with Tailor under the laws of the country in which you are resident, in order to apply to or participate in the Affiliate Program.
    2. To become an Affiliate, you must submit a complete application form, as published and pursuant to our instructions and relevant instructions provided by AWIN, our service provider, as indicated under AWIN’s Website Terms of Use and Master Services Agreement. For the sake of clarity, all payments under this Agreement are paid via AWIN’s platform. Tailor will have no responsibility for AWIN’s payments, and you agree that once Tailor approves a payment under this Agreement and transfers such payment to AWIN, you will not have any claim against Tailor, and such payment will be deemed to have been accepted by you.
    3. Tailor may reject any application for any reason or for no reason, in Tailor’s sole discretion.
  3. Affiliate’s Website
    1. At all times during your participation with the Affiliate Program, you must present a “Tailor Brands Affiliate” disclosure, pursuant to our instructions and specific files that we deliver you for this purpose.
    2. You may not represent to users of your website your affiliation with Tailor in any other manner, including, without limitation, by representing that you are a Tailor partner, representative, employee, consultant or contractor.
    3. You must ensure that throughout the term of your engagement with us, your website is working properly and in compliance with all applicable laws, regulations and agreements, including, without limitation, laws and regulations governing privacy, data protection, information security, mass email, spam, export control, consumer protection, unfair competition, unfair trade practices, misappropriation and false advertising.
    4. Your website must deliver, at all times, a high-quality user experience.
    5. Tailor may notify you about unacceptable, unlawful or outdated activities and materials on your website. You must amend or update such activities and materials without undue delay, and, unless Tailor requires otherwise, no later than ten (10) days following Tailor’s request. Tailor may terminate or suspend your participation with the Affiliate Program, if you fail to amend or update your website as Tailor instructs.
    6. Tailor may track, use or analyze information with respect to your website for analytics, internal usage, publicity and marketing purposes.
    7. Without limitation to your duties and obligations under this Agreement, from time to time Tailor may perform ad hoc reviews of your website, by itself or through third parties on Tailor’s behalf, to ensure that you are complying with the terms and conditions of this Agreement.
  4. Affiliate Code of Conduct
    1. You will comply with all applicable laws, rules and regulations.
    2. If your website includes or redirects to any of the following content, you may not become an Affiliate -
  • sexually explicit materials;
  • hate, violent, or offensive content;
  • Promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Violation of any intellectual property rights, including, without limitation, scraping text or images from Tailor’s Website; or,
  • Promotion of illegal activities or otherwise violations of any applicable laws, rules and regulations.
    1. You agree -
  • not to copy, in whole or in part, Our Website’s design, layout or services;
  • not to misrepresent your relationship with Tailor;
  • not to suggest that Tailor endorses any products or services other than Tailor’s own products or services;
  • to reflect positively upon the business reputation of Tailor’s brand;
  • to refrain from using Twitter hash tags when posting comments that could be interpreted as negative to Tailor;
  • to be transparent to social media community members about your participation in the Affiliate Program;
    1. Tailor does not endorse or allow unsolicited commercial messages, spoofing and unlawful or harassing activities involving electronic messages of any type (Collectively: “Spam”). Any Affiliate found to be actively engaged in Spam activities will be immediately removed from the Affiliate Program. You will not be eligible for an Affiliate’s commission, if your activities in relation to your participation with the Affiliate Program involve Spam activity.
  1. Tailor’s Promotional Materials; Marketing - PLEASE SEE BRANDING TERMS PAGE

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  1. Coupons; Vouchers
    1. You acknowledge that any commission generated using a voucher code directory may be declined. If Tailor releases coupons, you agree to use codes that have been specifically approved for Affiliates only.
    2. You are not allowed to use a “click to reveal” when you do not have our prior written consent to present or use any coupon or promocode to show deals, offers or sales instead of vouchers.
    3. You must not feature coupon, voucher or promotion codes outside of the stated promotional period.
  2. Sole Consideration
    1. Subject to the terms and conditions of this Agreement, and under Tailor’s sole discretion, you may be entitled to commissions in accordance with our commission rate, which is currently 30% of the actual and total cash consideration that we received from your Sales, except for non-commissionable activities as stated in this Agreement. For the purpose of this Agreement, “Sales” means the following accumulative process:
  1. An end users, that Tailor has determined that has not been referred by any other affiliate or channel prior, is referred to Tailor’s Website by your direct activities, subject to the terms and conditions of this Agreement;
  2. the reference of such end users leads to sales of Tailor’s products or services which are commissionable, at Tailor’s sole discretion; and,
  3. your Sales occur at the time of the end users’ first visit at Our Website or at a later time not to exceed 30 days.
    1. Tailor uses cookies to verify that Sales are based on your activities.
    2. All commissions under this Agreement will be due within thirty (30) days after the first day of the calendar month that follows Tailor’s receipt of payment from a Sale attributed to you, provided, however, that your due commissions are at least $100 at your account (“Minimum Payment”). If a pending payment is less than the Minimum Payment, the payment will be transferred to the following calendar month and so forth until you reach the Minimum Payment.
    3. If, subject to Tailor’s prior written consent, another Affiliate acts on your direct behalf, and such an Affiliate, subject to the terms and conditions of this Agreement, is entitled to commissions under this Agreement, then you may be entitled to a commission as follows: 5% of the 30% commission rate of such an Affiliate (e.g., if an Affiliate on your behalf is entitled to $1,000 commissions, Tailor may approve an additional commission for you in the total amount of $50, subject to the terms and conditions of Tailor, and without limiting Tailor’s right to change all commission rates under this Agreement, at Tailor’s sole discretion).
    4. You will bear all costs and expenses regarding any payment from us, including, without limitation, taxes, costs, expenses, and fees.
    5. Tailor may change the commission rate of commission payable and the terms on which it is payable, in its sole discretion. For the sake of clarity, (i) Tailor determines the types of traffic that are commissionable and the Affiliates that are entitled to receive each commission; (ii) Tailor does not pay commission on any renewals of purchases of Tailor’s products or services by end users, to avoid any doubt; If a referred user has purchased a recurring service, such as a subscription, on Tailor’s site, Tailor will only pay commission for the first payment made for this subscription  and will not pay any commission for the renewal of the contract with the user.
    6. Without limiting the above stated, no commission will be paid under this Agreement with respect to transactions that are related to invalid promotion or voucher codes; the cost of marketing or handling of goods; cancelled or returned orders; non-commissionable items, such as free products or services and trial/sample pack; fraud or other illegal transactions; or any other transaction that Tailor has decided in good faith that is not compatible with the terms of this Agreement.
    7. Tailor has the right to determine and change the commission rate payable and the payment terms, in Tailor’s sole discretion. Any such change will not limit your rights for commissions related to your Affiliate activities prior to the change, under the then current rates.
    8. Tailor will not be responsible or liable to you or to any other Affiliate for any liability arising from the Tailor’s service provider’s activities.
    9. If, at Tailor’s understanding, you breach any provisions of this Agreement, Tailor may suspend or terminate your participation in the Affiliate Program, and all due commissions will become null and void.
  1. Confidentiality
    1. You will keep the terms of this Agreement and any material sent or made available to you by Tailor or by anyone on Tailor’s behalf, which bears a confidentiality legend as confidential information. You will use such confidential information strictly for the purposes of this Agreement only and will not share the confidential information with any third party without Tailor’s prior written approval.
  2. Indemnities; Warranties
    1. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TAILOR IN RELATION TO THE AFFILIATE PROGRAM, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
    2. TAILOR MAKES NO WARRANTIES AS TO THE PERFORMANCE OF THE AFFILIATE PROGRAM OR THE NUMBER OF VISITORS WHO CLICK ON A LINK FROM THE AFFILIATE’S WEBSITE TO THE TAILOR’S WEBSITE.
    3. TAILOR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    4. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAILOR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED; ANY LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH TAILOR MAY MAKE TO THE AFFILIATE PROGRAM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE AFFILIATE PROGRAM; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE AFFILIATE PROGRAM; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA. TAILOR LIMITATION OF LIABILITY ABOVE WILL APPLY WHETHER OR NOT TAILOR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING, BUT WILL NOT IN ANY WAY LIMIT OR RESTRICT ANY LIABILITY OF TAILOR FOR: ANY LOSS ARISING OUT OF ANY FRAUDULENT MISREPRESENTATION; ANY OTHER LIABILITY WHICH CANNOT BY LAW BE EXCLUDED; ANY DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF TAILOR.
    5. YOU WARRANT THAT THE ACCEPTANCE OF THIS AGREEMENT DOES NOT BREACH ANY OTHER AGREEMENTS TO WHICH YOU ARE A PARTY; THAT YOU HAVE DULY REGISTERED THE DOMAIN NAMES OF YOUR WEBSITE(S) WHICH WILL BE LINKED TO THE TAILOR’S WEBSITE WITH ALL APPLICABLE AUTHORITIES; THAT YOUR WEBSITE(S) (INCLUDING WITHOUT LIMITATION ALL CONTENT, TEXT, IMAGES, SOFTWARE, MEDIA AND OTHER MATERIALS WHICH YOU HAVE PLACED WITHIN YOUR WEBSITE(S)) IS PROPRIETARY TO OR LICENSED BY YOU AND DOES NOT AND WILL NOT INFRINGE UPON OR VIOLATE ANY COPYRIGHT, PATENT, TRADE MARK OR OTHER PROPRIETARY THIRD PARTY RIGHT; THAT YOU HAVE PROVIDED ALL NECESSARY NOTICES AND RECEIVED ALL NECESSARY PERMISSIONS, CONSENTS AND LICENSES IN RELATION TO ALL INFORMATION, INCLUDING PERSONAL INFORMATION THAT YOU SEND, TRANSFER, OR OTHERWISE MAKE AVAILABLE TO TAILOR, AND TO ALL INFORMATION COLLECTED BY TAILOR FROM USERS OF YOUR WEBSITE, INCLUDING THROUGH THE USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES, IN THE COURSE OF YOUR PARTICIPATION WITH THE AFFILIATE PROGRAM.
    6. YOU WILL INDEMNIFY AND HOLD HARMLESS TAILOR, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSSES, DAMAGES, INJURIES OR EXPENSES (INCLUDING REASONABLE LEGAL FEES) ARISING FROM OR RELATING TO: ANY BREACH BY YOU OR ANYONE ON YOUR BEHALF OF THIS AGREEMENT, ANY VIOLATION OF APPLICABLE LAWS, RULES AND REGULATIONS.
  3. Term; Termination
    1. This Agreement will remain in full force as of Tailor’s written confirmation of your participation in the Affiliate Program (“Effective Date”) and as long as the Affiliate Program is in effect, unless terminated under the terms herein.
    2. Tailor may terminate the Agreement for your breach of the Agreement or for no reason, upon a written notice with immediate effect or by revoking your access to your affiliate account. Unless you have breached this Agreement, Tailor will prorate your commissions, based on the then in effect commissions schedule.
    3. Upon Termination for whatever reason, you must -
  1. return any confidential information to Tailor, and all copies of information in your possession, custody and control;
  2. cease all use of any Tailor’s trade names, trademarks, service marks, logos and other designations; and,
  3. remove all Tailor’s banners from your website and disable any links to Tailor’s Website from your website.
    1. Any termination of this Agreement will not relieve you of any liability arising from any breach of this Agreement occurring prior to such termination.
  1. Miscellaneous
    1. If you receive any complaints regarding Tailor’s services, you will forward the complaint via an email message to Tailor at: Affiliates@Tailorbrands.com, within 48 hours, and not respond on Tailor’s behalf.
    2. You will not sub-contract the performance of any or all of your obligations under this Agreement without Tailor’s prior written consent. Furthermore, you will not assign, transfer, charge, create a trust over or otherwise deal in its rights or obligations under this Agreement without Tailor’s prior written consent. Tailor may assign this Agreement and any rights and obligations in relation thereto.
    3. No action taken by Tailor or Affiliate and nothing in this Agreement will be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent or employee of the other party for any purpose whatsoever. Furthermore, no party will have the authority to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
    4. Each of the provisions contained in this Agreement will be construed as independent of every other such provision, so that if any provision of this Agreement will be determined by any court or competent authority to be illegal, invalid or unenforceable then such determination will not affect any other provision of this Agreement, all of which other provisions will remain in full force and effect.
    5. This Agreement constitutes the full and entire understanding and agreement between you and Tailor with regard to the subject matter hereof and supersedes all prior agreements between the parties hereof with regard to such subject matter.
    6. No Tailor’s failure or delay to enforce at any time any of the provisions hereof, or to exercise any power or right hereunder, will operate as or be construed to be, a waiver of any such provision, power or right. Any Tailor’s waiver of any provision hereof or any power or right there under will be in writing and will be effective only in the specific instance and for the purpose for which given.
    7. This Agreement will be governed in all respects by the laws of State of Israel, without regard to the principles of conflict of law, and the competent courts of Tel Aviv-Jaffa will have exclusive jurisdiction over all matters arising from this Agreement.