Affiliate Terms of Use
As an authorized affiliate (Affiliate) of Truett Designs, LLC, (Merchant) you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Truett Designs as an Affiliate. By signing up for the Truett Designs Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
Approval or Rejection of the Application.
We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Purpose.
The purpose of this Agreement is for the Affiliate to promote the Merchant’s product or website.
Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to the Merchant through the Affiliate's own website or personal referrals. The Affiliate shall make all promotions in line with the Merchant’s values, vision, and brand messaging to be provided to the Affiliate upon approval into the program. The Affiliate shall not promote the Merchant in a negative manner under any circumstances.
Responsibilities.
The Affiliate will have the obligation to place links on its social media, including, but not limited to, Facebook, Instagram, Pinterest, and TikTok, and on its Blog/Website directing users to the Merchant’s website. The Affiliate is given a limited term license, during their active participation in the Program, to utilize the Merchant’s logo, images, and product, provided that the Merchant retains final approval authority of all posts and links.
The Affiliate will only be permitted to use the posts and links on platforms approved by the Merchant. The addition of any subsequent platforms or entities will require approval from the Merchant.
The Affiliate is not permitted to promote the Merchant or its products in conjunction with other companies without approval from the Merchant.
The Affiliate is not permitted to subcontract any portion of this Agreement to include sub affiliation agreements.
Sales.
Each time a user clicks through the link posted on the Affiliate’s platform or site and completes the sale of the product and the Merchant determines it is a Qualified Purchase, as described below, the Affiliate will be eligible to receive the following percentage of the sale: 10% (ten percent).
Sales Tax.
The Affiliate shall not be responsible for collecting, reporting, or paying sales tax on purchases made under the terms of this Agreement.
Specific Terms Applicable.
The Merchant will determine whether payout is permissible in its sole discretion. Furthermore, it reserves the right to reject sales that do not comply with the terms of this Agreement. Customer service shall remain the responsibility of the Merchant as described below. User purchases must be a “Qualified Purchase” in order for Affiliate to receive a payout. Qualified Purchases:
Must not be referred by any other partner or affiliate links of the Merchant;
May not be purchased by an already existing partner or affiliate of the Merchant;
May not be purchased prior to the Affiliate joining this program;
May only be purchased through a properly tracking Affiliate link;
May not be purchased by a customer in violation of any of the Merchant’s legal terms;
May not be fraudulent in any way, in the Merchant’s sole discretion; and/or
May not be included by the Affiliate offering the customer any coupons or discounts.
Customer Service.
The Merchant shall remain responsible for handling all customer inquiries, product orders, customer billing and collection, and product shipment relative to customers that enter the Merchant’s sire through Affiliate links. Pricing of products is within the sole discretion of the Merchant and the Merchant reserves the right to change the pricing structure, terminate special offers, and discontinue products at any time without advance notice to the Affiliate.
The Merchant has no obligation to provide the Affiliate with any specific information relative to any customer, regardless of whether the customer accessed the Merchant’s website through an Affiliate link.
The Merchant is not responsible for the failure to assign any sale or commissions to the Affiliate if the same results from the improper formatting of a link provided by the Affiliate.
Payout Information.
Payouts will only be available when the Merchant has the Affiliate’s current address information as well as accounting and tax documentation. The Affiliate will be asked to submit a W8/W9 form. The Merchant must be notified immediately of changes to the Affiliate’s address, contact information, or accounting information and the Merchant will make every endeavor to make the required changes as soon as possible.
Payouts will be available the month or period after they accrue. Payouts will only be made on commissions earned within sixty (60) days of the Affiliate’s original promotion date unless another time period is agreed upon by the Affiliate and the Merchant.
The Merchant explicitly reserves the right to change payout information. If changes are made, the Affiliate will be notified.
Any dispute pertaining to payouts must be brought to the Merchant’s attention within thirty (30) days. Any dispute not brought to the Merchant’s attention within thirty (30) days will be null and void and/or decided in favor of the Merchant.
No representation regarding income potential.
The Merchant makes no representations or warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from the Affiliate’s status.
Non-exclusivity.
This Agreement does not create an exclusive relationship between Affiliate and Merchant. The Affiliate is permitted to work with other affiliate program provides and this Agreement imposes no restrictions on the Merchant to work with any individual or company it may choose.
Intellectual Property and Trademark.
The Affiliate acknowledges that all information and data provided under this Agreement is the intellectual property of the Merchant and it shall not be used for any purposes outside of this Agreement.
The Affiliate shall not use the Merchant’s logo, name, image, or likeness outside of the promotion of the Merchant’s products or website or without the approval of Merchant.
The Affiliate is not permitted to use the Trademark “Truett Designs” under any circumstance outside of the terms of this Agreement or without approval from the Merchant.
Termination.
This Agreement may be terminated by either party at any time. Termination is effective upon written notice, to include notice sent by electronic mail. Upon termination of this Agreement, the Affiliate is no longer permitted to post or promote the Merchant in any manner.
Modification
The Merchant reserves the right to unilaterally modify this agreement at any time. Modifications to this Agreement are in full force and effective immediately unless terminated by the Affiliate. The Merchant will provide written notice, to include notice sent by electronic mail, of modifications to this Agreement.
Affiliate Obligations & FTC Compliance.
The Affiliate is solely responsible for ensuring operations and maintenance of Affiliate platforms and the accuracy of materials. The Affiliate is solely responsible for ensuring that the Affiliate does not infringe upon intellectual property rights of any third party or otherwise violate any legal rights.
The Affiliate is solely responsible for ensuring that it complies with all applicable statutes, regulations, and guidelines set by the Federal Government, through the Federal Trade Commission, as well as state and local governments as mandated. The Federal Trade Commission requires that affiliate relationships, including the relationship between Affiliate and Merchant, be disclosed to consumers.
If the Merchant determines that the Affiliate is not in compliance with any terms of this Agreement, the Merchant has the right to immediately terminate the Affiliate’s participation in this program.
Non-Disparagement.
The Affiliate will not, during the Term or after the termination or expiration of this Agreement, make disparaging statements, in any form, about the Merchant, its agents, employees, or products.
Severability.
Should any provision of this Agreement be determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of this Agreement shall be unaffected thereby and shall continue to be valid and enforceable.
Waiver.
No waiver of any of the provisions of this Agreement shall be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Arbitration.
In the event a dispute shall arise between the parties to this Agreement it is hereby agreed that the dispute shall be referred to United States Arbitration & Mediation for arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration.
Applicable Law.
This Agreement and the interpretation of its terms are governed by the laws of and subject to the jurisdiction of the federal and state courts of Alabama.
