This Affiliate Program Agreement ("Agreement") is made and entered into by and between Somewhere Sunny ("Company") and the individual or entity participating in the Company's affiliate program ("Affiliate").
Program Description. The Company's affiliate program ("Program") allows Affiliates to promote the Company's products and services to potential customers in exchange for a commission on qualifying sales.
Prohibited Activities. Affiliate agrees that they will not engage in any of the following activities:
a. PPC bidding on any brand terms or driving traffic to the Company's website via PPC.
b. Spamming: Affiliate is prohibited from sending unsolicited commercial email or other types of spam to promote the company's products or services.
c. Trademark infringement: Affiliate is prohibited from using the company's trademarks, logos, or other intellectual property in a manner that is likely to cause confusion or suggest that Affiliate is affiliated with or endorsed by the company.
d. Fraudulent or deceptive practices: Affiliate is prohibited from engaging in any activity that is fraudulent, deceptive, or misleading, including but not limited to false advertising, bait-and-switch tactics, and misrepresenting the features or benefits of the company's products or services.
e. Offering unauthorized incentives: Affiliate is prohibited from offering unauthorized incentives to potential customers in exchange for purchasing the company's products or services, such as cash rebates, discounts, or other incentives that are not approved by the company.
f. Breach of confidentiality: Affiliate is prohibited from disclosing any confidential information provided by the company or obtained through participation in the program to any third party without the company's prior written consent.
g. Any activity that violates any applicable laws or regulations.
Use of Affiliate's Images. Affiliate grants the Company perpetual permission to use images generated on Affiliate's social media for the Company's social channels and in ads.
Commission. Affiliate will receive a commission of 20% for each sale generated based on a 90-day cookie window.
Payment. Payment of commissions will be made by the Company to Affiliate through ShareASale and their standard terms.
Term and Termination. This Agreement will begin on the date Affiliate is accepted into the Program and will continue until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
Modification. The Company may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice or a new agreement on its website. Modifications may include, but are not limited to, changes in the commission structure, payment procedures, and Program rules. Affiliate is responsible for regularly reviewing the Program's terms and conditions.
Independent Contractor. Affiliate is an independent contractor and not an employee, partner, or agent of the Company. Affiliate has no authority to bind the Company to any obligation.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of AZ, without regard to its conflicts of laws provisions.
Entire Agreement. This Agreement constitutes the entire agreement between the Company and Affiliate with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or understandings, whether written or oral.
