THE AGREEMENT:
This Affiliate Agreement ("Agreement") is provided by the following organization, hereinafter referred to as "Company": Bloomi. Our affiliate program is hosted on AWIN (www.awin.com). This Agreement outlines the terms of the affiliate relationship between you and the Company. It defines your responsibilities as an affiliate and our responsibilities to you. Please read this Agreement carefully. By joining our program, you are agreeing to be legally bound by its terms.
1) DEFINITIONS
a) Company, Us, We: Refers to Bloomi and its agents.
b) You, the Affiliate: The individual or entity entering this Agreement.
c) Parties: Collectively, Bloomi and the Affiliate.
d) Affiliate Program: The affiliate program hosted on AWIN.
e) Affiliate Application: The application submitted through AWIN’s platform.
f) Platform: Refers to www.awin.com.
2) ASSENT & ACCEPTANCE
By applying to the program via AWIN, you confirm you have read and agree to this Agreement and all linked terms, including our Privacy Policy and Terms of Service.
3) AGE RESTRICTION
You must be 18 years or older to join our program. By signing up, you confirm you meet this requirement.
5) NON-EXCLUSIVITY
This is a non-exclusive agreement. You may promote other brands, and we may work with other affiliates.
7) QUALIFIED PURCHASES
To count as a Qualified Purchase, the transaction must:
Be completed through your unique AWIN link.
Not come from another affiliate’s link.
Not be placed by the affiliate themselves.
Not use unauthorized coupons or discounts.
Not be fraudulent or in violation of AWIN or Bloomi terms.
8) PAYOUT INFORMATION
Payouts are managed by AWIN in accordance with their policies and schedules.
You must provide accurate tax and banking info within AWIN.
Payments are released according to AWIN’s payout structure (after their validation and hold period).
Bloomi reserves the right to modify the commission structure at any time with notice.
9) REPORTS
Real-time reporting on clicks, sales, and commissions is available through your AWIN dashboard.
10) TERM & TERMINATION
Either Party may terminate this Agreement at any time. If terminated, you will receive commissions on Qualified Purchases made prior to termination.
Bloomi may terminate your account immediately if you breach the terms of this Agreement, violate laws, or misuse our brand.
11) INTELLECTUAL PROPERTY
You are granted a limited, revocable license to use approved Bloomi branding and content solely for the purposes of promoting our affiliate program.
Unauthorized use of Bloomi trademarks, branding, or misrepresentation will result in termination and potential legal action.
12) MODIFICATIONS
We may update this Agreement at any time. Continued participation constitutes acceptance of any changes. Changes will be communicated through AWIN or email.
13) RELATIONSHIP OF THE PARTIES
You are an independent contractor. Nothing in this Agreement creates an agency, partnership, or employment relationship.
14) ACCEPTABLE USE
You may not:
Misrepresent Bloomi or our products.
Engage in misleading or unlawful advertising.
Use spam, misleading SEO tactics, or paid search without written approval.
Violate data protection regulations.
15) FTC COMPLIANCE
Affiliates must disclose their relationship with Bloomi in any promotional content, in compliance with FTC guidelines. A sample disclosure may be:
"This post contains affiliate links, and I may earn a commission if you click and make a purchase."
16) SECURITY & REVERSE ENGINEERING
You may not attempt to hack, manipulate, or interfere with AWIN’s or Bloomi’s systems.
17) DATA LOSS & LIABILITY
Participation is at your own risk. Bloomi and AWIN are not responsible for lost data or damages.
18) INDEMNIFICATION
You agree to indemnify and hold Bloomi harmless from any legal claims, damages, or liability related to your participation in the program.
19) SPAM POLICY
Spam of any kind is strictly prohibited and will result in immediate termination.
20) ENTIRE AGREEMENT
This is the complete agreement between the Parties, superseding all prior understandings.
21) SERVICE INTERRUPTIONS
Service may be interrupted for maintenance or upgrades. We are not liable for any resulting inconvenience or loss.
22) NO WARRANTIES
The Affiliate Program is provided "as is" without warranties of any kind.
23) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law.
The maximum liability of the Company arising from or relating to this Agreement is limited to one hundred ($100) US Dollars.
This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
24) GENERAL PROVISIONS
a) All notices must be in English.
b) This Agreement is governed by the laws of California, USA.
c) Any disputes shall be resolved via arbitration in Utah.
d) You may not transfer your rights under this Agreement.
e) If any part is unenforceable, the rest remains valid.
f) Failure to enforce any part of this Agreement is not a waiver.
g) Headings are for convenience only.
h) We are not liable for delays due to force majeure events.
i) Electronic communications are permitted.
Questions?
Contact: info@thebloomi.com
