In effect from May 15th, 2023
This Affiliate Service Agreement (the "Agreement") is made by and between Ready Set Romper (“RSR”), and you as an Affiliate (“Affiliate”) utilizing the Share-A-Sale service ("the Service"). Thank you for your interest in our program. We look forward to working with you.
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up, you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the Affiliate Window Service as an Affiliate.
The following agreement is summarized as follows:
- Affiliates are not allowed to promote coupon codes that have not been issued via the affiliate channel. Affiliates may ONLY advertise coupon codes that are distributed by the merchant via the affiliate channel. Any sales registered through other coupon codes will not be considered as valid and will be canceled.
- Affiliates are not allowed to use Pop Ups, Pop Unders or any other format that is deemed intrusive or use any other cookie stuffing techniques that may force the cookie in the user's browser.
-Affiliates are not allowed to buy, register or create domains or subdomains which may miss-lead users to believe that such site is the merchants brand website.
- Affiliates are not allowed to supplant by any means the merchant's identity in social media. Affiliate must be easily identified by users in any promotion in social media.
ENROLLMENT
After receiving your application, we will review your Website/Social Media and notify you of your acceptance or rejection into our Program. Please allow up to 72 hours (Mon-Fri) for your application to be approved. We reserve the right to reject any application; however we encourage you to contact us if you feel we have made an incorrect decision. Please include all websites/social pages that you use in your profile as that will assist us to make a decision.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the Affiliate Window interface. You agree that you will only use linking code obtained from Affiliate Window without manipulation. Also, please ensure that all domains where you use our link are listed in your affiliate network profile.
You hereby agree that 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. Cookie stuffing, pop-ups, and false or misleading links are strictly prohibited. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating). Using redirects to bounce a click off of a domain where the click did not originate in order to give the appearance that it came from that domain is expressly prohibited and is a direct violation of the program. This does not include using "out" redirects from the same domain where the affiliate link is placed.
COUPON GUIDELINES
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
You may ONLY advertise coupon codes that are provided to you through Affiliate Window.
You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
On click through, you must link directly to our website. Framing of our website is strictly prohibited.
Cookie Stuffing: You must not mislead customers into clicking on an offer/coupon that does not exist or practice similarly deceptive tactics which are generally accepted as "cookie stuffing." These include, but are not limited to using knowingly expired offers, presenting offers that do not exist, presenting a button that claims to show all offers which sets the affiliate cookie, and technology which generates a click/sets the cookie from the action of copying a coupon code.
Unless you have been given express written permission, if you are found to be engaging in any of the aforementioned practices, we reserve the right to reverse any/all sales generated. Only discount codes approved for the affiliate channel will be approved.
DOMAIN NAMES
Use of any of our copyrighted & trademarked terms as part of the domain or sub-domain for your website is strictly prohibited
ADVERTISING & PUBLICITY
*Please note that commission will only be awarded for promotional offers on Affiliate Window. Manually entered promotional codes, or offers promoted elsewhere will not be awarded commission.
- Affiliates violating the above T&C will be rejected from the program.
As part of the Services, the affiliate will generate and post content (including, without limitation, text, videos, and images) regarding Ready Set Romper on affiliate’s platform(s) such as instagram, Facebook, TikTok, Twitter, YouTube, Pinterest, blog (the “Social Channels”) (collectively the “Content”) in an effort to generate sales. Any Content shall become the exclusive property of Ready Set Romper upon generating and posting content. Ready Set Romper shall have all rights to recreate, repost and use content indefinitely thereafter and even after survival of this Agreement.
Provide and utilize his/her own equipment, tools, and other resources in performing the Services but Ready Set Romper will provide to the Affiliate certain informational materials and products to facilitate the creation of the Affiliate's created content to his/her Social Channels (such as briefs and other materials are collectively referred to as “Ready Set Romper Materials”). Ready Set Romper will from time to time request certain captions, hashtags and material to be posted by Affiliate and Affiliate shall comply. In addition, Affiliate will be responsible for (i) creating and editing the Content and (ii) posting such Content on the Social Channels. It is understood and agreed that the Affiliate will be an independent contractor, is not and will not be considered an agent or employee of Ready Set Romper (or any of its affiliates or related entities), and shall have no authority to bind Ready Set Romper (or its affiliates or related entities) by contract or otherwise.
Restrictions
The Affiliate agrees that they will not: (i) Make any derogatory statements about Ready Set Romper and/or RSR products. (ii) Link to any third-party websites or Social Channels or otherwise redirect visitors to third-party websites that are not associated with Ready Set Romper Inc. (iii) Resell or distribute any Ready Set Romper products, including those received for free or as gifts, (if applicable) for commercial purposes. (iv) Promote Ready Set Romper products, the Ready Set Romper brand, via any website, media, social media, or electronic presence or resource that may be considered pornographic, lewd, offensive, or discriminate. (v) Engage in any fraudulent transactions, as reasonably determined by Ready Set Romper.
Compensation
In consideration for the Services, Ready Set Romper will pay to the Affiliate a percentage of the Net Revenue collected by Ready Set Romper in accordance with the Commission Appendix (the “Commission(s)”). For purposes of this Agreement, “Net Revenue” means gross fees received by Ready Set Romper from Qualifying Orders, excluding taxes, duties, and transaction-based costs and expenses, including but not limited to payment process fees and shipping fees. The Commission is only paid to the Affiliate if the Qualifying Order is final -any returns will cause that specific Commission to be deducted out of the monthly payouts.
Intellectual Property Rights and Content License.
The Affiliate hereby grants to Ready Set Romper and its subsidiaries, affiliates, licensees, agents, representatives, successors, and assigns:
Unrestricted, fully-paid, royalty-free, exclusive, transferable and irrevocable rights, power and authority to use, reproduce, publish, print, distribute, transmit, copy or otherwise use any of the Content, worldwide and perpetually, in whole or in part, in any medium known now or later discovered, for the purpose of its advertisements, promotions, marketing activities, public relations, educational and other commercial or non-commercial purposes, subject only to the payment made to the Affiliate in section 2 hereof.
Other Developments.
The Affiliate hereby grants to Ready Set Romper and its affiliated companies, successors and assigns, the royalty-free, perpetual, unrestricted, transferable, irrevocable sublicensable,non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content or other materials, other than the Content, (i) submitted to Ready Set Romper in connection with the Program or (ii) otherwise created by the Affiliate in connection with the Services, (collectively, the “Other Developments”)
Ready Set Romper Materials and Trademark.
Except for the Affiliate's limited right to use the Ready Set Romper Materials solely in connection with performing the Services, Ready Set Romper retains all right title and interest in the Ready Set Romper Materials, including all related intellectual property rights. Ready Set Romper hereby grants to the Affiliate, a limited, non-exclusive, non-transferable license to use and display Ready Set Romper’s name, website address, logo, and trade names (the “Marks”), solely in connection with performing the Services.
The Affiliate agrees that any use of the Marks:
Will comply with Ready Set Romper’s quality standards and trademark guidelines, which may be provided by Ready Set Romper to the Affiliate
The Affiliate Social Channels.
In connection with performing the Services, Ready Set Romper may link, and stream content from Affiliate's Social Channels on its websites, social media channels and in other Ready Set Romper advertising and promotional materials and shall have indefinite rights to use said content for future usage whether or not this Agreement is terminated
Representations and Warranties.
The Affiliate represents and warrants that he or she is at least 18 year of age and legally allowed to live and work in his or her country of residence. The Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein and in the Ready Set Romper Materials; the Content and Other Developments are the Affiliate's original work. Use of the Content and Other Developments by Ready Set Romper will not infringe or involve the misappropriation of any third party rights. All clearances and licenses relating to the use of the Content or Other Developments have been obtained by the Affiliate. Except as expressly set forth herein, no fee, compensation or any other payment whatsoever will be payable by Ready Set Romper for any Content or Other Developments or any content or material incorporated therein to any third party; he or she will comply with all applicable laws, rules, and regulations, including the Guides.
This Agreement will commence on the Effective Date and continue until terminated as set forth herein. Either party may terminate this Agreement for convenience upon at least fifteen (15) days prior written notice thereof to the other party. Ready Set Romper may, in addition to any other rights it may
have at law or in equity, terminate this Agreement immediately and without prior notice, if the Affiliate refuses to or is unable to perform the Services or is in breach of any material provision of this Agreement. Upon any termination of this Agreement, all rights and duties of the parties toward each other shall cease, except that the following Sections shall survive: 2 (with respect to any Net Revenue accrued during the term of this Agreement but not yet paid); 3, 4(a), 4(b), 4(c) and 5 through 13 (inclusive).
Independent Contractor; No Agency
The Affiliate is not and shall not be deemed an employee, agent, joint venture or partner of Ready Set Romper, and neither party shall have any right or authority to assume or create any obligation on behalf of or bind the other party in any manner whatsoever.
Limitation of Liability
IN NO EVENT SHALL Ready Set Romper, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (EACH, A “Ready Set Romper PARTY”) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO THIS AGREEMENT, THE Ready Set Romper PRODUCTS AND/OR THE PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH Ready Set Romper PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH STATES, THE LIABILITY OF THE Ready Set Romper PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
