Positive Bakes Affiliate Terms and Conditions
1. Overview
These along with our Policies are the complete list of Terms and Conditions for the Affiliate Program. The purpose of enrolling in the Affiliate Program is to allow you to make affiliate commissions for the sales of our products originating from your promotional activities in the manner set forth herein.
2. Affiliate Obligations and Rules
2.1 To enrol in our Affiliate Program, you must:
be aged 18 or over;
have the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth herein;
complete and submit the online application through the Affiliate Dashboard;
be accepted by Positive Bakes into the Affiliate Program.
2.2 Positive Bakes may choose at their discretion to auto-approve your application. This does not imply that we will not re-evaluate your application at a later time. We reserve the right to reject your membership in our Affiliate Program at any point in time, at our sole discretion. This is especially true if the Affiliate’s website or promotional materials breach any of the points set out in 2.4.
2.3 In the event that Affiliate materially breaches this Agreement and Positive Bakes terminates this Agreement any accrued and payable Commissions owing to Affiliate shall be forfeited, and Positive Bakes shall not be obligated to pay such Commissions to Affiliate.
2.4 Affiliate agrees that Affiliate’s website, service or correspondence does not contain any materials that in Positive Bakes’ sole discretion are considered to:
Promote adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual, or provocative images in violation of legislation in your local jurisdiction;
Includes violent, obscene, defamatory, libelous, slanderous and/or unlawful content;
Promote hate speech, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group;
Incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
Includes “Positive Bakes”, “Positive Kitchen”, “positivebakes.com” or variations or misspellings thereof in its domain name and as keywords in PPC campaigns
Promote political or religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
Promote gambling, including without limitation, any online casino, sports books, bingo, or poker;
Contain software downloads that potentially enable diversions of commission from other affiliates in our program;
Make representations through domain name, code, designs, imagery, video, text or otherwise that makes your website resemble the Positive Bakes Website in a manner which leads customers to believe you are the Positive Bakes Website, business or a legal representative of Positive Bakes in any way. Creation of separate websites to solely promote Positive Bakes products and services is also strictly prohibited.
Offer rebates, coupons, or other form of promised kickbacks from your Commission as an incentive. Adding bonuses or bundling other products with Positive Bakes, however, is acceptable, if prior permission is received from the Affiliate Program Manager.
Make false claims and promote non-existing discounts, coupons, bargains or use other misleading strategies to gain traffic through the affiliate links.
Promote any special deal or offer in a way that contradicts the arrangement set forth by the Affiliate Program Manager when offering such a deal to you.
Generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Affiliate Program links must direct users to the Positive Bakes Website
2.4.1 User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to the Positive Bakes website” is NOT allowed).
2.4.2 Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the Positive Bakes Website or sets a cookie. Affiliates with such text will be removed from the program immediately.
2.4.3 Affiliates may not bid on or use phrases, such as Positive Bakes Coupon(s), Positive Bakes Discount(s) or other phrases implying coupons are available. Any misspellings of our brand name in combination with coupon/deal/savings or any synonyms or similar alterations of these words are also strictly prohibited.
2.4.4 Affiliates may not use misleading text on affiliate links, buttons or images to advertise anything besides currently authorized deals to the specific affiliate. The commercial purpose of the Affiliate’s marketing efforts must be clearly identifiable. The Affiliate shall not disguise its affiliate marketing efforts as consumer recommendations or as similar non-commercial messages.
2.4.5 Affiliates are not authorised to use voucher codes (including referrals) unless provided to the Affiliate by Positive Bakes. Any unauthorised voucher code transactions will be rejected at validation. Any affiliate found to be displaying unauthorised codes may also have their commission set to zero until the code(s) are removed.
Where voucher codes are issued with an expiry date this should be clearly displayed, and codes should be removed or explicitly marked as expired after this due date unless you are advised otherwise. Any affiliates displaying expired codes without marking them as being expired may be suspended from the programme. Affiliates must observe IAB voucher code best practice guidelines.
2.5. As a member of the Affiliate Program, you will be granted access to the Affiliate Dashboard. Here you will have an option to review the details of our Affiliate Program including our promotional materials, such as affiliate links to web pages within the Positive Bakes Website and banner creatives. You will be free to browse and get tracking codes for our deals if and when they are available. In order for us to accurately keep track of all guest visits from your site to the Positive Bakes Website, you must use the affiliate link that we provide for each banner, text link, HTML code, or any other promotional material listed.
2.6. Positive Bakes reserves the right, at any time, to review your link placement and either approve or disapprove the use of your affiliate links and require that you change the placement of links or ask you to comply with these guidelines.
2.7. The Affiliate is solely responsible for the maintenance and information updates on your site. For example, if Positive Bakes’s prices, shipping or discount policies changes, it will be up to the Affiliate to update this information. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.8. It is your sole responsibility to follow all applicable laws, regulations, government decrees, authorities’ decisions and the like relating to:
1) protection of intellectual property;
2) marketing of goods and services;
3) unfair business practices; and
4) any other similar field of regulation that pertain to your website or any promotional materials on your website. If you violate any such rules of law or any third party presents any allegations or claims that pertain to information you place on your website and promotional materials you use, you will indemnify and hold Positive Bakes harmless for any and all costs arising out of any such violations, allegations or claims.
2.9 As an affiliate, you can only create and use one (1) account. You can list multiple domains within one account, but only one account is allowed.
2.10 Self-referrals for affiliate purchases are strictly prohibited. This means that you cannot refer yourself, your immediate family or the company you work for by using your affiliate link. You will not receive a Commission on any purchases made by yourself for your own use, your immediate family members or the company you work for.
2.11 If your account was terminated due to violations set forth in these Affiliate Program Terms, you may not create another account in our Affiliate Program.
3. Positive Bakes Rights and Obligations
3.1. We reserve the right to monitor your site at any time to determine whether you are following these Terms and Conditions. We may inform you of any changes to your site that we feel you should make, or to ensure that your affiliate links to the Positive Bakes Website are placed appropriately and to notify you of any other changes that we feel should be made. Failure to make the changes to your site that we feel are necessary within reasonable time (no longer than 30 days) constitutes a material breach of this Affiliate Agreement.
3.2. Positive Bakes reserves the right to terminate your participation in the Affiliate Program immediately and without prior notice to you if you commit fraud or abuse this Affiliate Program in any way (including material breaches of section 2.4 and section 7 of this Affiliate Agreement). If such fraud or abuse is detected, Positive Bakes shall not be liable to you for any Commissions for any fraudulent sales/sales based on abuse.
3.3. These Terms and Conditions will begin to apply to you upon our acceptance of your Affiliate application, and their application will continue indefinitely unless terminated hereunder.
4. Termination
4.1 Either the Affiliate or Positive Bakes may end this Affiliate Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be sent by email to either party, or through any appropriate mechanism in the Affiliate Dashboard.
4.2 If the Affiliate Agreement is terminated by either party in accordance with section 4.1, 3.2 or 4.3, Positive Bakes shall not be liable to pay any Commission to you after the termination of the Affiliate Agreement.
4.3 This Affiliate Agreement will terminate immediately without notice upon any material breach of the Terms and Conditions by the Affiliate.
5. Modification
We may modify, add or remove any of these Terms and Conditions at any point in time. In such event, you will need to comply with a revised version of these Terms and Conditions when prompted to do so in the Affiliate Dashboard. If any modification is unacceptable to you, your only option is to end your association with the Affiliate Program by closing your account. If you do not accept the modified Affiliate Program Terms within 30 days of the update, we reserve the right to terminate your affiliate account.
Continued participation in the Affiliate Program will indicate your agreement to the changes and your adherence to any modified Terms and Conditions.
6. Commission Payment
6.1. Commissions are earned from authorized referrals that generate purchases via your affiliate links.
6.2. Commission amounts per product/service sold may be changed by Positive Bakes at any time. This information is available to you in the Affiliate Dashboard. You are solely responsible for determining if the Commission amount for an affiliate link you have placed on your website has changed or been discontinued.
6.3. Affiliate is responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses arising out of the Affiliate relationship with Positive Bakes including those incurred in order to receive affiliate payments.
6.4. Available payment options for Commissions are described in the Affiliate Dashboard, any other payment options may be declined for use at our discretion.
6.5. Payments will only be sent for affiliate purchases that have been successfully completed. Transactions that result in chargebacks or refunds will be void.
7. Affiliate Promotional Materials
7.1. You are free to promote what you deem appropriate on your own website(s), but any promotion that mentions Positive Bakes and any associated trademarks may be perceived by the press or the public as a joint effort. You should therefore note that certain forms of advertising are always prohibited by Positive Bakes. Any promotions by Affiliates should never contravene promotional laws in their location.
Advertising commonly known as “spamming” is inappropriate and unacceptable to us and constitutes a material breach of this Affiliate Agreement. Other prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. Additionally, you may not advertise in any way that effectively hides or misrepresents your own identity, your domain name, or your email address. You may use emails or other messages to customers to promote Positive Bakes if the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings and such emails or other messages are otherwise sent in compliance with the laws applicable to them.
In any direct marketing messages sent by the Affiliate, the Affiliate must identify itself and its contact details. Where the Affiliate processes personal data relating to identified or identifiable individuals, the Affiliate undertakes to provide to data subjects any information required in the applicable data protection legislation (including but not limited to information referred to in Articles 13 and 14 of the General Data Protection Regulation (EU) 2016/679). The Affiliate shall especially provide to the data subjects information on how to exercise their rights under the applicable data protection legislation.
Also, you may only post to newsgroups to promote Positive Bakes if the news group specifically welcomes commercial messages. You must always clearly represent yourself and your websites as independent from Positive Bakes.
7.2. Affiliates are not prohibited to run pay-per-click (PPC) campaigns on Brand with Generic Terms or keywords such as Positivebakes.com, Positive Bakes, Positive Kitchen, Positive Bakes coupons, Positive Bakes Discounts, www.positivebakes, www.positivebakes.com, and/or any misspellings or similar alterations of these – be it separately or in combination with any other keywords in the form of phrase, broad or exact matches. We require the Affiliate add each of the keywords listed above as negative exact match terms to your paid search account(s). Failure to do this will be considered a material breach of the Affiliate Agreement and any commission made on these sales will not be paid to the Affiliate. Using “doorway pages” in such instances or overall as part of Positive Bakes promotional activities is also strictly prohibited.
7.3. Affiliates cannot operate domains which may contain keywords such as Positivebakes.com, Positive Bakes, Positive Kitchen, Positive Bakes coupons, Positive Bakes Discounts, www.positivebakes, www.positivebakes.com, for the sole purpose of driving traffic from Search Engines. It is important to note that affiliates must not use the display URL of https://positivebakes.com/ or include any variation of this. Any affiliate using this display or a similar URL may be removed from the programme. Affiliates may not use Positivebakes term as a subdomain in their URL e.g. https://positivebakes.affiliatesite.com
Affiliates must use their own website which can include Positivebakes in the sub folders of the display URL e.g. www.affiliatesite.com/positivebakes.com
7.4. Affiliates shall not transmit any so-called “interstitials,” “Parasiteware,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited the Positive Bakes Website (i.e., no page from our site or any Positive Bakes’ content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware” and “Parasitic Marketing” shall mean an application that
(a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;
(b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given Internet search and directory engines (services referred here as examples include, but are not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot);
(c) set commission tracking cookies through loading of Positive Bakes site in IFrames, hidden links and automatic pop ups that open Positivebakes.com’s site;
(d) targets text on websites, other than those sites 100% owned by the application owner, for the purpose of contextual marketing; or
(e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application.
7.5 Affiliates shall not register the brand Positive Bakes or any variation of it on any social media platform. This includes and does not limit to brand + generic word or sentence as well generic word or sentence + brand. Any attempt to register such social media accounts will be considered a material breach of the Affiliate Agreement and any commission made on these sales will not be paid to the Affiliate. Furthermore it will be a direct breach of the Awin terms and conditions, in particular section 7. Intellectual Property Rights of the Awin code of conduct.
7.6 Affiliates must not post on any official Positive Bakes social media platform now or in the future in order to attempt to drive visitors to their webpage. Positive Bakes social media platforms currently include Facebook, Instagram, Twitter and Tiktok but this may expand to include other platforms in the future. The Affiliate must not direct link to Positive Bakes websites from paid social media. Any breach of clause 7.6 will be considered a breach of the Affiliate Agreement and any commission made on these sales will not be paid to the Affiliate.
