Allergy Defender, Inc

Allergy Defender, Inc

Program Terms

Allergy Defender Brand Ambassador Affiliate Agreement

This agreement describes the terms and conditions for participation in the Allergy Defender Brand Ambassador affiliate program for Allergy Asthma Clean. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, Allergy Defender refers to the product owner and publisher, Allergy Defender, Inc. The Allergy Defender affiliate program is administered through the ShareASale platform.

Enrollment
To enroll in the Brand Ambassador affiliate program, you must submit an application, accept the terms on this page and be approved. Please allow up to 2-5 business days for your application to be reviewed. We will not be able to review your application unless you complete all sections of the application. To be eligible, you must
Have a website and/or profile/s on Instagram or Facebook – please include links to all sites and social profiles where you’ll be posting about Allergy Asthma Clean. If your only link is to a private social profile or Facebook group, we won’t be able to review your application and you won’t be approved.
Your content must be consistent with Allergy Asthma Clean’s eco-friendly, non-toxic, family-friendly positioning.
Sites that do not qualify for the Brand Ambassador Affiliate Program include:
Sites that do not contain content consistent with Allergy Asthma Clean’s eco-friendly, non-toxic, family-friendly positioning.
“Cash-back” or voucher sites (websites that offer rewards for buying goods through referral links)
Coupon or deal sites
Marketplace sites
Price comparison sites
Advertising networks (online networks that sell or place advertisements)
Sites using “pop-unders” (websites that launch hidden windows on users’ browsers)
We reserve the right to decline your application at our sole discretion. We reserve the right to terminate your affiliate membership if we determine that your site or content is not fitting to our brand or if you violate the agreement. However, we encourage you to contact us if you feel we have made an incorrect decision.

Affiliate URL
You’ll be given a special URL once you become an approved member of the Allergy Defender Brand Ambassador Affiliate Program, which will be unique to you and you only, which will allow us to track purchases back to you so that we can pay you for affiliate referrals. When you post your link, you will follow the FTC Disclosure Requirements found in Section 15 below.

Commissions
The Allergy Asthma Clean Brand Ambassador Affiliate commission structure is as follows: 10% commission on the net sale amount purchased by a new customer of allergydefender.com using the affiliate’s link. Commissions are not paid on gift card purchases. For a sale to generate a commission to an Affiliate, the customer must visit www.allergydefender.com using the Affiliate’s unique link, and then complete the order and remit full payment for the product ordered through www.allergydefender.com. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links to www.allergydefender.com. Properly coded links are the sole responsibility of the Affiliate. We reserve the right to reverse commissions due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. If you cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof, we reserve the right to terminate your Affiliate Account.

Payment
Allergy Defender, Inc pays Affiliates via check or ACH direct deposit to an account that you provide to us when you apply. Payments will be made on the 20th of each month for sales that were made within the month ending 45 days prior. The reason is that we have a 30 day refund policy, and often customers delay mailing in returns so that it can take us up to 45 days to issue them a refund. Commissions are not paid on sales that are returned or canceled. The Allergy Defender Affiliates Program platform uses browser cookies to verify qualifying sales. The cookies are valid for thirty (30) days (the “Cookie Period”). Commissions are paid on qualifying sales made during the Cookie Period. This means that an Affiliate can receive a commission for a qualifying sale if the sale was made within 30 days of the user clicking the Affiliate Link, as long as the Affiliate was the last referrer. If a user clicks multiple Affiliate Links, the last Affiliate Link to be clicked prior to a qualifying sale will receive the commission. If the user’s last click prior to making the purchase was a paid channel, such as Google PPC, the purchase will not be a qualifying sale and an Affiliate will not receive a commission. Commissions are subject to review and other limitations for fraudulent activity. Allergy Defender, Inc reserves the right to withhold commissions if fraudulent activity is found. If your payment account changes, it is your responsibility to update the payment account details on the ShareASale platform and update your settings to ensure proper commission payments. We will not resend payments returned due to incorrect payment account information.

Not-a-Nexus Statement
The Affiliate affirms that they do not perform any solicitation activities in any State, that would cause nexus. These could include emailing residents of the state your links/deals/offers, utilizing PPC (Pay Per Click) targeting ads toward consumers in that State, and passing out any written material such as flyers in that State. Affiliates are required to annually reaffirm their non-nexus status and conformity to all applicable state and federal laws/regulations.

Order Fulfillment
Allergy Defender, Inc will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any Allergy Defender, Inc products from other websites as a “reseller” and no “resale” rights are granted in any way. Affiliates are not authorized to sell any of these products on ebay or other auction sites. Affiliates are not authorized to give away copies of any of these products. Allergy Defender, Inc will also be solely responsible for all customer service inquiries. Customers who purchase products and services through the Allergy Defender Affiliate Program will be deemed to be customers of Allergy Defender, Inc. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products may vary from time to time. Allergy Defender, Inc policies will always determine the price paid by the customer.

Qualifying Content & Sites
Allergy Defender, Inc reserves the right to refuse any entry into the Allergy Defender Affiliate Program based on content. Content that does not qualify for the Affiliate Program includes:
Content that is not consistent with our eco-friendly, non-toxic positioning
“Cash-back” or voucher sites (websites that offer rewards for buying goods through referral links)
Coupon or deal sites
Marketplace sites
Price comparison sites
Advertising networks (online networks that sell or place advertisements)
Sites using “pop-unders” (websites that launch hidden windows on users’ browsers)
And content that:
Contains any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography, violence or sexually explicit or adult-related materials.
Promotes discrimination based on race, gender, gender identity, religion, nationality, disability, sexual orientation, or age
Promotes illegal activities
Infringes on our or any anyone else’s intellectual property, publicity, privacy, or other rights.
Violates any law, rule, or regulation.
Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
Contains software or use technology that attempts to intercept, divert, or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
Lists coupon codes or discounts that were NOT officially provided to them by Allergy Defender, Inc. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
Infringes or otherwise violate any copyright, trademark, or other intellectual property rights of Allergy Defender, Inc or any other site.

Coupon Guidelines
Allergy Defender, Inc runs an active coupon program through our own website. You must adhere to the following Coupon Guidelines:
You may not advertise coupon codes obtained from our non-affiliate advertising, customer emails, paid search, on-site coupons, or any other promotional campaign.
We will offer unique coupon codes for affiliates that will be the same or better value as the subscriber sign up coupon on our site.
Posting any information about how to work around the requirements of a coupon/promotion (i.e., first-time customers only) will result in removal from the program.
Coupons must be displayed in their entirety with the full offer, valid expiration date, and code.
You may not use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
You may not give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if products have free shipping, you may not turn this into an offer that implies that the customer must click from your site to get this offer.

Program Restrictions
Affiliates that violate any program restrictions as described in this agreement may be suspended or removed from the Affiliates Program and may not receive commissions, in Allergy Defender’s sole discretion.

Permitted Usage
The following are permitted uses of the Allergy Asthma Clean brand and marketing resources. Affiliates are permitted to use the graphical banners and design resources located on the ShareASale platform. If a specific size banner ad is not available, the affiliate may contact the Affiliate Program manager at info@allergydefender.com and request a new banner graphic be added to the available resources.

Prohibited Usage
The following uses are prohibited and are grounds for immediate termination of the affiliate account. You may not engage in cookie stuffing or include pop-ups, false, or misleading links on your website. In addition, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating). You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain. If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0. This does not include using “out” redirects from the same domain where the affiliate link is placed. 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. Affiliates MAY NOT use the Allergy Asthma Clean logo, logo marks or other Allergy Asthma Clean website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Allergy Asthma Clean / Allergy Defender, Inc. Affiliates MAY NOT use the term “Allergy Asthma Clean” or “Allergy Defender” in ANY variation in their site URL ex. (Allergy Asthma Clean.net, Allergy Asthma Clean couponcodes.com, Allergy-Defender.com, wp AllergiesDefenders.com, AllergyDefender.plugins.com, etc). Affiliates MAY NOT promote coupons that were not provided to them personally by Allergy Defender, Inc. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement. Affiliates MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.

Advertising
As an affiliate, your website and platform(s) may not bid on, participate in, or appear in digital advertising using Affiliate links. Affiliate links can only be placed on your website or platform(s). Affiliates may not bid on, participate in, or appear in advertising on any advertising platform, including, but not limited to search engines, content networks, display networks, social networking sites and search engines, using Affiliate links. Affiliates are not permitted to use Allergy Defender’ trademarks in any paid advertising, including using misspellings or variations of our trademarks that include the term “Allergy Asthma Clean”. Affiliates may not use our trademarked terms in sequence with any other keyword (i.e. Allergy Asthma Clean Coupons, Allergy Asthma Clean Offers, etc.) in any paid advertising. Affiliates are not permitted to send traffic through automatic redirects on a website page. Affiliates are not permitted to use the Allergy Asthma Clean name (including misspellings and variations) as a subdomain or subfolder or display URL. We have a strict no-tolerance policy on using your Affiliate link or our trademarks in digital advertising. You will forfeit all commissions for a minimum of the past 30 days, your commission will be set to 0 without warning, and you will be removed from our affiliate program.
Trademarked Terms: Allergy Asthma Clean®, Allergy Defender®

Advertising & Publicity
If you intend to promote our program via email campaigns, you must adhere to the following:
Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our program.
Emails must be sent on your behalf and must not imply that the email is being sent on behalf of Allergy Asthma Clean.
Any web content or design elements (graphics, banners, etc.) created for the Allergy Asthma Clean brand or products by an affiliate partner that are not specifically provided or previously published by Allergy Asthma Clean must be approved in advance of being published on your website.
Affiliates are also requested not to hardcode Affiliate Links into their sites, so that any updates to creative assets take immediate effect.

FTC Disclosure Requirements
You shall include a disclosure statement within any and all pages/posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.
Disclosures must be made as close as possible to the claims, and may not appear solely in a “Terms of Use”, “Legal”, “About Us” or other linked pages.
Disclosures must be made at each instance of a sponsored link. A single statement on the site, or a separate page with your general disclosure statement is not sufficient.
Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. disclosure should be visible before the jump).
Pop-up, hover state and button disclosures are prohibited.
Disclosure policy applies to all social media, even when space is restricted (e.g., tweets).

Social Media
You’re welcome to use your affiliate links on your own Facebook, Pinterest, Instagram, Twitter, etc. pages. For example: You may post, “10% off sale at allergydefender.com through Wednesday with code ALLERGY10.” You are prohibited from posting your affiliate links on Allergy Asthma Clean’s / Allergy Defender’s Facebook, Instagram, Pinterest, Twitter, Youtube, or other social network company pages or ads in an attempt to turn those links into affiliate sales. You are prohibited from running Facebook, Instagram, Pinterest, Youtube or Snapchat ads with Allergy Defender trademarked brand names or using your Affiliate link.

Domain Names
Use of any of our trademarked terms as part of the domain or subdomain for your website, i.e. allergyasthmaclean.website.com or www.allergydefenderproducts.com, is strictly prohibited and is grounds for removal from the program.

Allergy Defender, Inc Anti-Spam Policy
Allergy Defender, Inc strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following: Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription; Messages posted to Usenet, forums, Twitter, Pinterest, Instagram, Facebook or other social media sites and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation. Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner. Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system; Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws. Allergy Defender, Inc, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions: Account Termination: Upon the receipt of a credible complaint, the Allergy Defender, Inc Affiliate program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Allergy Defender, Inc’s discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs. If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service info@allergydefender.com.

Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Allergy Defender, Inc or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Website, all links to the Allergy Asthma Clean website, and all Allergy Asthma Clean trademarks and logos, other Allergy Asthma Clean marks and all other materials provided in connection with this program.

Limitation of Liability
Allergy Defender, Inc will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under this Agreement.

Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Allergy Defender, Inc will not be liable for the consequences of any interruptions or errors.

Indemnity
Affiliate, at its own expense, shall defend, indemnify and hold Allergy Defender, Inc and its subsidiaries and affiliates, and their respective directors, officers, employees and agents, harmless from and against any and all claims, actions, proceedings, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) are based on, arise out of, or are related to (i) a breach by affiliate of any representation, warranty, covenant or agreement made by it under this Agreement or (ii) Affiliate’s gross negligence or willful misconduct. Notwithstanding the foregoing, Affiliate acknowledges and agrees that Allergy Defender, Inc will be irreparably damaged in the event any of the provisions of this Agreement are not performed by Affiliate in accordance with their specific terms or are otherwise breached. Accordingly, it is agreed that Allergy Defender, Inc shall be entitled to an injunction to prevent breaches of this Agreement, and to specific enforcement of this Agreement and its terms and provisions in any action instituted in any court of the United States or any state having subject matter jurisdiction.

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 not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. If you continue participation in the program, it will be considered as your acceptance of the change.

Miscellaneous
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. By signing up with the Allergy Defender, Inc Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.