Program AgreementThis Program Agreement ("Agreement") is entered into by and between COMENII ("Merchant") and Comenii Scrubs Affiliate Program ("Affiliate"), collectively referred to as the "Parties".
1. Program Participation
1.1 Affiliate agrees to participate in Merchant's affiliate program available on AWIN.
1.2 Merchant reserves the right to approve or reject Affiliate's application to join the program, at its sole discretion.
1.3 Affiliate represents and warrants that all information provided in the application is true and accurate.
2. Promotion and Marketing
2.1 Affiliate agrees to promote Merchant's products and services on Affiliate's website, social media platforms, or other approved marketing channels.
2.2 Affiliate shall not engage in any illegal, deceptive, or misleading marketing practices.
2.3 Affiliate shall comply with all applicable laws and regulations related to advertising, including but not limited to the Federal Trade Commission (FTC) guidelines.
2.4 Paid Search and Brand Keyword Restrictions
Affiliate is strictly prohibited from bidding on, purchasing, or otherwise targeting any Merchant brand keywords or brand-related search terms through paid search advertising, including but not limited to Google Ads, Bing Ads, or similar platforms.
Brand keywords include, but are not limited to:
Comenii
Comenii Scrubs
Comenii discount
Comenii promo code
Comenii coupon
Any misspellings, variations, or combinations of the Merchant’s brand name with generic terms.
Affiliate may run paid search campaigns only on non-brand, generic keywords, provided such advertisements do not mislead users into believing they are operated or endorsed by the Merchant.
Any violation of this clause may result in immediate termination from the affiliate program, rejection of related commissions, and/or withholding of unpaid commissions, at the Merchant’s sole discretion.
3. Commission and Payment
3.1 Merchant shall pay Affiliate a commission for each qualifying sale or action generated through Affiliate's marketing efforts.
3.2 The commission rate and payment terms shall be as specified in the AWIN tracking system or as mutually agreed upon by the Parties.
3.3 Merchant reserves the right to adjust commission rates, payment terms, or terminate this Agreement at any time, upon prior written notice to Affiliate.
4. Tracking and Reporting
4.1 Merchant shall provide Affiliate with unique tracking links or codes to track the performance of Affiliate's marketing activities.
4.2 Affiliate acknowledges that the AWIN tracking system will be used to track and report sales and commissions.
4.3 Affiliate shall have access to AWIN reporting tools to monitor the performance of their marketing campaigns.
5. Intellectual Property
5.1 Affiliate acknowledges that all intellectual property rights, including trademarks, logos, and copyrighted materials, belong to Merchant.
5.2 Affiliate is granted a non-exclusive, non-transferable right to use Merchant's intellectual property solely for the purpose of promoting Merchant's products or services.
6. Term and Termination
6.1 This Agreement shall commence upon Affiliate's acceptance into the program and shall continue until terminated by either Party.
6.2 Either Party may terminate this Agreement at any time, with or without cause, upon written notice to the other Party.
6.3 Upon termination, Affiliate shall immediately cease all promotion of Merchant's products and services.
7. Confidentiality
7.1 Both Parties agree to keep any confidential information received during the course of this Agreement confidential and shall not disclose it to any third parties, except as required by law.
8. Governing Law and Jurisdiction
8.1 This Agreement shall be governed by and construed in accordance with the laws of [State/Country].
8.2 Any disputes arising out of or in connection with this Agreement shall be resolved through good-faith negotiations between the Parties. If a resolution cannot be reached, the Parties agree to submit to the exclusive jurisdiction of the courts located in [City, State/Country].
9. Entire Agreement
9.1 This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, whether written or oral, relating to the subject matter herein.
By accepting this Program Agreement, Affiliate acknowledges and agrees to all of the above clauses.
