The Blvck Affiliate Program offers eligible affiliates, including blogs and other third party websites (“Affiliates”), the opportunity to earn commissions on qualifying sales that originate from links to https://blvck.com on an Affiliate’s site. This Affiliates Policy explains your rights and responsibilities when participating in The Blvck Afflliate Program.
The Blvck Affiliate Program offers eligible entities or individuals (collectively, “Affiliates” each an “Affiliate”), the opportunity to earn commissions on qualifying sales that originate from links to https://blvck.com (“Affiliate Links”) on an Affiliate’s Authorised Channel. This policy explains your rights and responsibilities when participating in The Blvck Affiliate Program. “Authorised Channels” means your owned and operated social media pages, websites, blogs, emails, and such other communications, media and channels.
This policy contains the terms and conditions that apply to Affiliate’s participation in the The Blvck Affiliate Program, which is operated through the Awin Affiliate Network (“Awin Network”). Affiliates are also subject to the Awin Network Terms. These terms are a contract between you and Blvck SRL (doing business as BLVCK and BLVCK PARIS).
By applying and participating in The Blvck Affiliate Program, you’re agreeing to be bound by these terms (the “Affiliates Policy”). You also agree to abide by our Terms of Use and acknowledge that you have read and understood our Privacy Policy, all of which are incorporated by reference into this Affiliates Policy. You also acknowledge and agree that Blvck may use The Blvck Affiliate Program, including your Affiliate Links, as part of the Blvck Offsite Ads program.
1. Eligibility and Enrolment in The Blvck Affiliate Program.
Prospective Affiliates must apply to be a party of the The Blvck Affiliate Program based on their country of residence and be approved by Blvck, in its sole discretion, in order to gain access to the The Blvck Affiliate Program. Sales from applicable Affiliate Links will qualify if they are tracked from a US address.
To be eligible for The Blvck Affiliate Program, you must:
- Be at least 18 years of age;
- Have a website with a URL;
- Have an appropriate amount and type of content on your site.
The following types of websites are prohibited from participating in the The Blvck Affiliate Program without express separate prior written permission from Blvck SRL:
- 'Cash-back' or voucher sites (websites that offer rewards for buying goods through referral links);
- Price comparison sites;
- Sites that utilise iFrame or similar code for embedding media;
- Sites that serve as part of advertising networks or ad platforms (online networks that sell or place advertisements);
- Sites using 'pop-ups' or 'pop-unders' (websites that launch 'pop-up' or hidden windows on users’ browsers);
- Sites that perform “dropshipping” or similar delivery services;
- Sites that promote unlicensed items with registered trademarks or other intellectual property owned by third parties;
- Sites that are password-protected or otherwise require credentials to see content;
- Sites that promote or encourage users to post third party or user-generated content;
- Sites with content related to hateful, racist, sexual, religious, political or other sensitive matters, or are otherwise inconsistent with Blvck's branding.
Blvck reserves the right to remove Affiliates from The Blvck Affiliate Program and refuse service, for any reason, at any time. Participation in the The Blvck Affiliate Program is limited to Affiliates located in the United States of America.
2. Commission Rates, Qualifying Sales and Payment
As an Affiliate, you are eligible to receive commissions for qualifying sales through Authorised Channels (see below). Commission rates are set at 10% of an order value i.e. excluding shipping costs and taxes. Commissions are subject to review and other limitations for fraudulent activity. Blvck SRL reserves the right to withhold commissions for any legitimate reason.
Qualifying sales are sales made on https://blvck.com (the “Blvck Site”) by users that arrived on the Blvck Site by clicking an Affiliate Link on an Authorised Channel and pay by credit or debit card, or any of the methods set forth in the Blvck Payments Policy. Affiliate Links, including URLs and banners or other creative assets (collectively, the “Creative Assets”), can be found on The Blvck Affiliate Program platform. To receive a commission, Affiliates must (a) use only the Creative Assets and Affiliate Links provided by Blvck or Awin Network, (b) only use the Creative Assets on an Authorised Channel, and (c) not alter any of the text links or Creative Assets. Affiliates are also requested not to hardcode Affiliate Links into their sites, so that any updates to Creative Assets take immediate effect.
Commissions are subject to review and other limitations for fraudulent activity. Blvck SRL reserves the right to withhold commissions for any legitimate reason.
At any time, Blvck may with or without notice change, suspend or discontinue an Affiliate Link.
3. Program Restrictions
Affiliates that violate any of the following program restrictions may be suspended or removed from The Blvck Affiliate Program and may not receive commissions, in Blvck SRL’s sole discretion:
Social Media and Sharing
Affiliates may only post Affiliate Links on Authorised Channels they operate in line with their website URL, such as Instagram, Facebook, or Twitter. Affiliate Links are prohibited on some social sharing sites, such as Pinterest and Tumblr. When posting content, it is the Affiliate’s responsibility to follow and abide by each Social Media platform’s terms and conditions, including any policies on affiliate links. Affiliates may share Affiliate Links with its email subscribers.
Paid Search
In connection with The Blvck Affiliate Program, you agree that you will not bid on any keywords containing Blvck trademarks for internet search advertising, search engine optimisation, or for any other purpose. Affiliates may not purchase domain names that have variations from https://blvck.com or misspellings in them which are solely intended to direct traffic away from the Blvck Site, or purchase any domains containing Blvck Trademarks, including variations or misspellings.
Affiliates must comply with the following conditions, including in connection with any advertising on any ad platform (e.g. search engines, content networks, and social networking sites):
- Affiliates are not permitted to bid or appear on searches, including extended or hybrid searches, that include the term (including misspellings or variations) “BLVCK”
- Affiliates are not permitted to use Blvck’s trademarks in any paid search activity, including ad text, copy or display URLs;
- Affiliates are not permitted to send traffic through automatic redirects on a website page;
- Affiliates are not permitted to create sub-affiliate accounts under the original approved affiliate account;
- Affiliates are not permitted to use Blvck’s trademarks, or any variation thereof, in hidden text or source code, including within its site’s domain or sub-domain; and
- Affiliates are not permitted to engineer its site in such a manner that it pulls internet traffic away from the Blvck Site, including without limitation, "keyword stuffing" such as using terms in hidden or live text that is meant to attract search engine spiders in order to determine higher relevance or rank than the Blvck Site.
Responsibility for Your Authorised Channels
You are solely responsible for your site, including its development, operation and maintenance and all materials that appear on or within it. Blvck SRL is not liable for any content or information on your Authorised Channels or for any of your users’ claims relating to your Authorised Channels, and you agree to defend, indemnify, and hold Blvck harmless from and against all claims relating to your site and the content of your social media pages. You agree that during your participation in The Affiliate Program, you will comply with the following requirements with respect to your website, advertising for your website, and social media presence:
- Ensuring all banners, text links, individual product links and search box ads are up to date with what is offered by Blvck through the Awin Network;
- Ensuring the accuracy and appropriateness of materials and content posted on your site;
- Ensuring that materials and content posted on your site are not libellous or unlawful, and do not violate or infringe upon the rights of any third party (including, but not limited to, copyrights, trademarks, privacy or other personal or proprietary rights);
- Ensuring that your site complies with all applicable national, state, regional and local laws and regulations, including any codes of practice applicable to your marketing and displaying content on your website, and that your website clearly and conspicuously displays a website terms of use and privacy policy (“Legal Notices”).
Blvck SRL may suspend your account and/or withhold commissions if it determines you are in violation of any of the conditions contained in this Section 3.
4. Compliance and Disclosures
Depending on where you are located, you may be subject to varying regulations relating to the operation, marketing, and advertising of your site. As an Affiliate, it’s your responsibility to know and follow any applicable regulations that apply to your site. Blvck SRL is unable to provide legal advice; we urge you to speak to a legal expert if you are unsure of your obligations or have specific questions.
4.1 Compliance with Laws
Affiliates must comply with all applicable federal, state, and local laws as it relates to operation of its website and any organic or paid advertising of its website. You agree that you are responsible for all personal information that you collect from users of your site and that you must obtain valid consent (if applicable) from end users to collect, use or disclose this information as required by applicable law.
4.2 Consumer Disclosures.
As an Affiliate, you must comply with the U.S. Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Guidance”).
In any and all social media outlets or other digital properties in which an Affiliate communicates about Blvck or products sold on https://blvck.com, or in any other advertising, the Affiliate must:
clearly and conspicuously disclose their relationship and their material connection (meaning the Affiliate receives payment of commission or other compensation) with Blvck. For example, an Affiliate could use the identifier “ad” or “advert” before each Affiliate Link (or any local language equivalent); ensure that each such disclosure is prominently placed in close proximity to the communication about Blvck or products sold on https://blvck.com; not make any false, misleading or deceptive statements about Blvck, or products sold on https://blvck.com; ensure that any opinion or personal endorsement given about any Blvck products is honestly and genuinely held; and not make unsupported or untruthful product performance or attribute claims concerning products sold on https://blvck.com or any claims about product performance or attributes without personal knowledge or substantiation (i.e. proof) of the same.
5. Dispute Resolution; General Provisions
5.1 Right to Audit; Suspension & Termination.
Blvck has the right to audit you, your sites, or activities related to your site, including compliance with The Blvck Affiliate Program, in relation to your participation and will seek to take action if you participate in dishonest or fraudulent activity.
5.2 Indemnification.
You agree to indemnify, defend, and hold harmless Blvck, its affiliates and subsidiaries, and each of their respective directors, members, officers, employees, contractors, representatives, agents, successors and assigns from and against any and all damages, judgments, settlements, awards, penalties, and costs (including reasonable lawyers’ fees) in relation to a third party claim arising from or related to: (i) Your negligence, wilful misconduct or acts or omissions; (ii) Your violation of applicable laws or regulations or applicable codes of practice; (iii) Your breach or other non-compliance with the terms of The Affiliate Program or (iv) Your Authorised Channels and other content.
5.3 Limitation of Liability.
Nothing in this Policy, including this Section 5.3, shall attempt to exclude or limit liability that can't be excluded or limited under applicable law including without limit, death or personal injury caused by a party’s negligence, or for fraudulent conduct. Subject to this, and to the maximum extent permitted under applicable law, Blvck will not be liable for indirect, special or consequential damages arising in connection with this Policy, The Blvck Affiliate Program, or the Awin Network, even if Blvck has been advised of the possibility of such damages. Further, subject to the preceding parts of this paragraph, Blvck’s aggregate liability arising with respect to this Affiliates Policy, and your participation in The Affiliate Program, will not exceed the total commissions paid to you in the previous six (6) months preceding any claim. All claims made hereunder by you against Blvck shall be made within 120 days of the act or omission, which forms the basis of such claims.
5.4 Representations and Warranties.
You represent and warrant that (a) you have the authority to participate in The Blvck Affiliate Program and enter into this Agreement and have sufficient rights to grant any licenses express herein, (b) you shall, in the performance of all of your rights and obligations under this Agreement, comply with all applicable laws, rules, and regulations and codes of practice, (c) any material or communication which is displayed or used by you in connection with The Blvck Affiliate Program will not (i) infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy; (ii) be defamatory or libellous; (iii) be lewd, pornographic, or obscene; (iv) violate any laws, including those regarding unfair competition, antidiscrimination, consumer financial protection or false advertising; (v) promote violence or contain hate speech; (vi) promote discrimination, based on race, age, sex, religion, nationality, sexual orientation, gender expression or disability; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots, or other similarly harmful or deleterious programming routines.
BLVCK MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BLVCK MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE BLVCK AFFILIATE PROGRAM OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE BLVCK AFFILIATE PROGRAM, OR AS TO ANY COMMISSIONS THAT YOU MAY EARN HE BTHROUGH THE BLVCK AFFILIATE PROGRAM, OR THAT ANY BLVCK SITE OR NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE, AND BLVCK WILL NOT BE RESPONSIBLE FOR CONSEQUENCES OR ANY INTERRUPTIONS OR ERRORS.
5.5 Governing Law, Jurisdiction, and Venue
This Affiliates Policy will be governed by the laws of the England and Wales, without reference to rules governing choice of laws. Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
6. Related Policies; Contact & Communications
The Blvck Affiliate Program platform is operated by Awin, a third party. In order to enrol in The Blvck Affiliate Program, you may be required to enter into a separate agreement with Awin, which we strongly recommend you read carefully. Blvck does not control Awin and is not responsible for any activity by Awin.
Any exceptions to this Policy are effective only if expressly made in writing by Blvck.
Blvck reserves the right to change or modify the terms and conditions contained in The Blvck Affiliate Program at any time. Any changes or modifications will be effective upon posting of the revisions through the Awin Network and/or Blvck Site. By continuing to participate in The Blvck Affiliate Program after such time, you will be deemed to have accepted such changes.
The Blvck Affiliate team can be reached at steffi@blvck.com.
