Affiliate Program Terms and Conditions
These Affiliate Program Terms and Conditions (the “Agreement”) outlines the terms and conditions for participation in the Affiliate Program (the “Program”) by [NAME] (hereinafter referred to as "Affiliate") for Ami Ami (hereinafter referred to as "Company").
1. Acceptance
By signing up to become an Affiliate, you agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the service as an Affiliate.
2. Commission Fees
Affiliate will receive a 10% commission of the revenue as a result of orders through a properly coded Affiliate link, subject to the terms and conditions of this Agreement. Attribution is based on last touch.
3. Cookie Duration
A referral will last for 30 days. If a customer clicks on your affiliate link, places and pays for an order within 30 days of clicking that link, the commission will be paid for that sale, subject to any fraud, returns, chargebacks or other non-payments by such customer or other customers attributable to the Affiliate.
4. Paid Search Policy
Affiliates are not permitted to carry out any form of paid search activity in relation to the Company or its products. This includes any activity on Google AdWords, Bing Ads, Facebook Ads, or any other similar platforms. Any breach of this condition will lead to immediate termination of this Agreement, with any remaining commission payable becoming forfeit.
5. Coupon and Loyalty Site Restrictions
Affiliates are not allowed to operate or utilize any form of coupon, discount, or loyalty/rewards site in relation to the Company or its products. Any breach of this condition will lead to immediate termination of this Agreement, with any remaining commission payable becoming forfeit.
6. No Sub-Affiliate Networks
The use of sub-affiliate networks is strictly prohibited under this program. The Affiliate shall not permit, solicit, facilitate, or encourage any third parties to participate in the program indirectly on behalf of the Affiliate, whether such participation is part of a sub-affiliate network or otherwise.
7. Termination
Either party has the right to terminate the Agreement immediately without prior notice. If the Affiliate terminates the Agreement, no further commissions from Company will be paid for any past or future customer transactions. If the Company chooses to terminate the Agreement, any balance greater than $25 USD will be paid to the Affiliate within 60 days of termination.
8. Modification
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to changes in the scope of available commissions, commission schedules, payment procedures and Program rules.
By continuing to participate in the Program following any modification to this Agreement, the Affiliate agrees to the modifications. If the modifications are not acceptable, the Affiliate's only recourse is to terminate this Agreement.
9. Liability
Company will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of customer fraud to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the products sold by Company.
10. Governing Law
This Agreement will be governed by the laws of the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in San Francisco, California and you irrevocably consent to the jurisdiction of such courts.
11. Age Verification
Affiliate acknowledges that the sale and promotion of alcohol is regulated by laws that vary by country and state. Affiliate agrees to comply with all such laws relevant to the promotion of Company's products. In particular, Affiliate agrees that they will not promote or market Company's products to individuals who are less than 21 years of age, which is the legal drinking age in the United States.
12. Responsible Marketing and Consumption
Affiliate agrees to promote Company's products in a responsible manner in compliance with all applicable laws. In particular, Affiliate agrees not to:
Encourage excessive or irresponsible consumption of alcohol.
Portray the consumption of alcohol as contributing to personal, academic, or professional success, or as being necessary for relaxation.
Suggest that alcohol has health benefits, can enhance personal qualities, or can help to resolve personal problems.
Present abstinence or moderate consumption in a negative light.
Suggest that the consumption of alcohol can improve sexual performance or enhance sexual attractiveness.
13. Compliance with Alcohol Marketing Laws
Affiliate agrees to comply with all federal, state, and local laws, regulations, and codes relating to the marketing and promotion of alcohol, including but not limited to the Federal Trade Commission (FTC) guidelines, the Beer Institute's Advertising and Marketing Code, and the Distilled Spirits Council's Code of Responsible Practices for Beverage Alcohol Advertising and Marketing.
14. Indemnification
Affiliate agrees to indemnify, defend and hold harmless Company from any claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of Affiliate's site or any materials, products, or services linked to therein, including but not limited to claims of infringement, false advertising, harm to minors, breach of this Agreement and promotion of illegal activities.
Violation of any of these specific conditions can result in immediate termination of the Affiliate Program Agreement and forfeiture of outstanding affiliate commission payments.
