Potensic LLC AFFILIATE AGREEMENT
Please read this Affiliate Agreement carefully before you join our Affiliate Program or begin marketing our Affiliate Program.
By applying to be a Potensic affiliate ("Affiliate"), you:
(a) agree to abide by these terms and conditions and our Privacy Policy if you are accepted into the Affiliate Program,
(b) acknowledge and agree that these terms and conditions and our Privacy Policy constitute an agreement between us and you upon your acceptance into the Program (the "Agreement");
(c) represent and warrant that you are lawfully able to enter into this Agreement; and
(d) acknowledge and agree that you are and will remain in compliance (and will be responsible for assuring that your employees, agents and contractors comply) with the terms and conditions of this Agreement.
This Agreement is written in plain language intentionally avoiding legalese to ensure that this Agreement may be clearly understood and followed by Affiliates.
DEFINITIONS
As used in this Agreement:
"Potensic®", "we", "us" or "our" refers to Potensic (d/b/a KEEP Collective and EVER) and our website.
"you" or "your" refers to the Affiliate.
"our website" refers to the Potensic properties located at https://store.potensic.com/.
"your website" refers to any website, web pages, or other online services that you control and will link to our website.
"Program" and "Affiliate Program" refer to the Potensic Affiliate Program.
"Products" refers to any products sold or distributed by Potensic Family Brands.
"Qualifying Purchases" refers to purchases made when all of the following requirements are made:
1. (i) a customer clicks through a special link on your website to our website;
(ii) during a single session that the customer adds a Product to his/her shopping cart and places the order for that Product no later than 30 days following the customer’s initial click-through; and
(iii) the purchased Product is paid for by the customer; or
2. (i) a prospective Independent Stylist clicks through a special link on your website to our website;
(ii) during a single session that prospective Independent Stylist adds a Starter Kit to his/her shopping cart and places the order for that Starter Kit no later than 30 days following the prospective Independent Stylist initial click-through; and
(iii) the purchased Starter Kit is paid for by the customer.
"Trademarked Terms" refers to the Potensic’s registered trademarks; please click here for a current list.
PURPOSE
The purpose of this Program is to permit you to advertise Products on your website and to earn advertising commissions for Qualifying Purchases.
ENROLLMENT
After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program.
In order to be eligible for the Program, you must also agree to the Terms of Use of ShareASale, our payment processor for the Program.
Please allow up to 48 hours for your application to be reviewed.
We reserve the right to reject any application; however, we encourage you to contact us if you feel we have made an incorrect decision.
Your inclusion of all of your websites that you plan to use in your profile will help us make a better decision.
COMMISSIONS
For more information on the commissions you may be eligible to earn for Qualifying Purchases, please visit our Commission Guidelines, which are incorporated by reference in their entirety in this Agreement.
RESPONSIBILITY FOR YOUR WEBSITE
You hereby represent and warrant that you will be solely responsible for your website, including its development, operation and maintenance and all data, content and materials that appear on or within it.
Potensic will have no liability for any claims, damages, losses, liabilities, fines, penalties, costs and expenses relating to:
(a) your website or any data, content or materials that appear on your website;
(b) the use, development, design, manufacture, production, advertising, promotion or marketing of your website;
(c) your use of any content; and
(d) your violation of any term or condition of this Agreement.
TRANSACTION LOCK DATES
For the purposes of commission payments, all sales will remain in a "sales pending period" and will not lock until 30 days following the date of transaction ("lock date").
All commission payments will be sent via Awin on the 20th day of the calendar month following the lock date
(e.g., when a transaction occurs on April 1st, it locks on April 30th, and the commission will be paid via Awin on May 20th).
WEBSITE RESTRICTIONS
Your participating website(s) may not:
Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
Violate or be used to violate any law, rule or regulation.
Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to or may damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
Contain 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.
Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to our website, user accounts, or the technology and equipment supporting our website.
Violate any of our policies.
Post non-Potensic advertising or marketing links or content, except as specifically allowed by this Agreement.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the Affiliate interface.
When linking to our website, you agree:
You will only use linking code obtained from the Affiliate interface without manipulation.
All domains that use your Affiliate link must be listed in your Affiliate profile, which can be found on the My Settings page in your Awin account.
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.
You may not engage in cookie stuffing or include pop-ups or false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
Your website 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 is prohibited.
SUB-AFFILIATE NETWORKS
Promoting Potensic through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated.
Sub-affiliate networks must ensure that all sub-affiliates promoting the Potensic program adhere to our program terms and conditions.
This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaigns.
Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the Potensic program.
Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.
NO DECEPTIVE PRACTICES
If you engage in deceptive practices, such as redirecting links by sending users indirectly to our website via an intermediate site or website and without requiring a user to click on a link or take some other affirmative action on that intermediate site or website, we may in our sole discretion void your current and past commissions or set your commission level to 0%.
This does not include using "out" redirects from the same domain where the Affiliate link is placed.
COUPON GUIDELINES
If your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows or you will be subject to removal from the Program:
You may ONLY advertise coupon codes that are provided to you through the Affiliate Program or our Affiliate Network, (i.e. ShareASale) or that are displayed on our public website(s).
You may ONLY display coupons in their entirety with the full offer, valid expiration date and code.
You may NOT post any information about how to work around the terms and conditions of a coupon/promotion (e.g., describing how existing customers can qualify as a first time customer to benefit from an offer to first time customers only).
You may NOT use any technology or technique that conceals or obscures the coupon code such that only an Affiliate click will reveal the code(s).
You may NOT advertise coupon codes obtained from our non-Affiliate advertising materials, e-mail marketing materials, paid search campaigns, or any other marketing or campaign.
You may NOT give the appearance that any offer requires clicking from your website in order to redeem.
For example, if all items over $59 on our website have free shipping, you may not turn this into an offer that implies that the customer must click from your website to get this deal.
In connection with your participation in the Program, you agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any governmental authority that has jurisdiction over you, including without limitation laws (federal, state or otherwise) that govern marketing e-mail, telephone calls and text messages.
