AFFILIATE AGREEMENT FOR BEER DROP
OVERVIEW
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Beer Drop's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the BeerDrop.com web site. Please note that throughout this Agreement, "we," "us," and "our" refer to BeerDrop.com, and "you," "your," and "yours" refer to the affiliate.
The term of this agreement will begin upon our acceptance of your affiliate application and/or any modifications of this agreement and will end when terminated by either party. Either you or we may terminate this agreement at any time, with or without cause. The following agreement is specific to your engagement with Beer Drop and our affiliate management team.
Breach of these terms could lead to immediate termination from our program and voids in transactions.
ADVERTISING
You do NOT have permission to spend money on ads specifically promoting Beer Drop or its products, especially in search engines and social media. However, if you want to explore paid ads with our company, we are open to collaborating. Please reach out to our affiliate management team at affiliate@pioneerbev.com. These restrictions include but are not limited to: pay per click, pay per view, pay per impression, media buys, social media marketplaces (Facebook, Instagram), offline print publications, eBay, Craigslist, billboards, radio, tv/cable, YouTube, traffic exchanges and others. No direct linking, no trademark keyword bidding, no trademark plus coupon keyword bidding, no non-trademark keyword bidding. We monitor this account daily for violations.
TRADEMARK
Trademark names include Beer Drop and/or any misspellings or similar alterations of these keywords.
Affiliate agrees not to register or use any URLs, domains or social profiles (pages, groups, forums) which are considered by Beer Drop to be infringing on the Beer Drop name or trademark, including but not limited to any registered trademark and all pending trademarks. Affiliate agrees not to use, purchase or otherwise contract with a third party to exploit any of the Beer Drop marks or registered domain names, or any marks or domain names which may, in Beer Drop reasonable discretion, be confused with Beer Drop marks or registered domain names, including but not limited to misspellings of Beer Drop marks or registered domain names, whether in meta tags or otherwise.
We reserve the right to reverse transactions due to order cancellations, duplicate tracking, returns, credit card fraud, disputed charges or violations of this agreement.
FTC COMPLIANCE
You are required by Beer Drop to disclose your affiliate relationship on any promotion for this merchant. This includes but is not limited to blog posts, videos, emails, social media and website pages. Your audience must understand you could earn commissions if they click your links.
This disclosure statement should be clear and concise, stating that Beer Drop is compensating you for your review or endorsement. If you received the product for free from Beer Drop for review, this also must be clearly stated in your disclosure.
Proper FTC disclosure is required to remain in Beer Drop affiliate program. Some specific examples that our affiliate management team will seek out when providing audits of your disclosures include but are not limited to:
- Disclosures must be made as close as possible to the claims.
- Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (I.e., the disclosure should be visible before the jump).
- For image-heavy platforms, such as Pinterest, Instagram Stories, Snapchat, etc., #ad should be on the image or the first image in a series. On video platforms, such as YouTube, verbal disclosure within the video as well as text disclosure in the description are sufficient.
- Pop-up disclosures are prohibited. Disclosure statements in the sidebar or in the footer are not sufficient.
- Social media posts must include proper disclosure which may include hashtags such as #ad, #advertisement and #sponsored. Hashtags such as #sp, #spon, #affiliate or #aff are NOT acceptable. Forms such as Ad, (Ad), //Ad// are acceptable on Facebook, as is natural language disclosure, if it's clear and concise. E.g.: This post contains an affiliate link, which means if you purchase after clicking the link I may receive compensation.
For more information and suggestions about how to comply with the FTC’s Endorsement Guidelines, please review the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, the FTC Endorsements website resource and the FTC Dot Com Disclosures.
Please note that the FTC guides and resources are only intended to provide guidance. They do not purport to provide legal advice and they do not guarantee that you will be in compliance with FTC regulations if you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation.
MODIFICATION
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Beer Drop’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Beer Drop’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
DISCLAIMER
BEER DROP MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BEERDROP.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BEERDROP.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL BEER DROP’s CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
INDEMNIFICATION
You hereby agree to indemnify and hold harmless Beer Drop, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, 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) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
CONFIDENTIALITY
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
MISCELLANEOUS
- You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Beer Drop. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
- Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
- This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to the conflicts of laws and principles thereof.
- You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
- This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
- The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
- If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
