BedVoyage Affiliate Program Agreement
When you join BedVoyage’s ShareASale Affiliate Program, all affiliates as well as their sub-affiliates, grant BedVoyage and its affiliates royalty-free, worldwide, fully paid, non-exclusive, perpetual and irrevocable; license to distribute, display on our BedVoyage website, use and reproduce, publish, post, adapt or modify, publish, and/or display their (the affiliate's and sub-affiliates) logo and name at BedVoyage.com and in any and all media, channels or blogs that are currently known or may be developed without any compensation to the affiliate or sub-affiliate.
Overview:
To become an Affiliate of BedVoyage, you must sign this Agreement as the complete terms and conditions that apply to you as an affiliate of BedVoyage’s program. The sole intent of this Agreement is to allow html linking between your website, blog, or posts to BedVoyage.com’s website. When referenced in this Agreement "our," "we," and "us" refers to BedVoyage, and "you," "your," and "yours" refers to the affiliate.
Obligations of Affiliates:
In order to be enrolled properly in the BedVoyage Affiliate Program, you will complete and submit the online application at the ShareASale.com server. We reserve the right to reject your application at our sole discretion, as well as cancel your application if we determine that your site is unsuitable for our Program, including if it:
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, and/or
Promotes illegal activities, and/or
Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion, and/or
Contains software downloads that potentially enable diversions of commission from other affiliates in our program, and/or
Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law, and/or
Promotes sexually explicit materials, and/or
Promotes violence, and/or
Includes "BedVoyage" or variations or misspellings thereof in its domain name, and/or
You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor designs your website in a manner which leads customers to believe you are BedVoyage or any other affiliated business, and/or as a member of BedVoyage’s Affiliate Program, you will have access to the Affiliate Account Manager. This is where you’ll find our Program’s details, download html code that allows for linking to our website, and banner creatives. You may browse and get tracking codes for our coupons (if any) and deals. So that we can accurately keep track of all guest visits from your site to ours; you must use the html code that we provide for each banner, text link, or other affiliate links we provide you with, and/or
We may occasionally monitor your site as we feel necessary, and the maintenance and updating of your site will be your responsibility. If BedVoyage feels you need to update your site, we will advise on items we feel you could do to enhance your performance, and/or
The FTC does not allow the terms ‘resists bacteria’ ‘resists mold’ ‘antibacterial’ ‘organic bamboo’ but we CAN use: bacteria-resistant, mildew-resistant, and organically-grown bamboo. We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials of BedVoyage’s products and services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and BedVoyage must be clearly disclosed in a separate policy on the affiliate sites. FTC points out that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such a connection is “fully disclosed”. FTC deems the relationship in an endorser-sponsor light and believes that the end user has the right to understand that one exists. We share the undergirding idea of this approach and strongly encourage our affiliates to adhere to the FTC’s rules. We also reserve the right to terminate a relationship with any non-compliant affiliates, and/or
We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights, and/orIt is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be written content, an image, or any other copyrightable work.
Should at any given time, any affiliate’s conversion rate drops below 0.425%, they will be required to move to our in-house platform. In case of declining to migrate, we reserve the right to terminate the relationship with the affiliate.
BedVoyage Rights and Obligations:
BedVoyage reserves the right to terminate this Agreement and your participation in the BedVoyage Affiliate Program immediately and without notice to you should you commit fraud in your use of the BedVoyage Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, BedVoyage shall not be liable to you for any commissions for such fraudulent sales, and/or we have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the BedVoyageAffiliate Program, and/or
This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
Modification of Terms and Conditions:
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include but are not limited too, changes in the payment procedures and BedVoyage Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in BedVoyage Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Termination Terms:
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written the notice. Written notice can be in the form of mail, email or fax (as written confirmation). In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
Access to Affiliate Account Dashboard Interface:
You will create a password so that you may enter ShareASale’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
Promotion Restrictions:
You are free to promote your own websites, but naturally, any promotion that mentions BedVoyage could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by BedVoyage. For example, Pay Per Click campaigns, any advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote BedVoyage so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote BedVoyage so long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from BedVoyage. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the BedVoyage Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation, and/or
Paid Search Policy
You may not bid on any of our trademarked terms such as BedVoyage or Home and Travel Solutions, LLC (our parent name) or https://bedvoyage.com/ including any variations or misspellings thereof for search or content-based campaigns on any search engines, or any other network unless given written permission first from BedVoyage, and/orYou may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Customers must be directed to an actual page on your website.
You may not bid in any manner appearing higher than BedVoyage for any search term in position 1-5 in any auction style pay-per-click advertising program.
We have a strict no-tolerance policy on PPC trademark bidding. If discovered brand bidding on PPC campaigns, you will be sent an email asking to remove the ads in question within 24 hours. If the ads are not removed within 24 hours you will be removed from the program permanently and all commissions associated with the violations will be reversed.
You may not use our trademarked terms, including any variations or misspellings as per item 1 above, in sequence with any other keyword. You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.
Affiliate Payments:
BedVoyage utilizes the ShareASale.com affiliate network for tracking and payment to Affiliates. Kindly review the network’s payment terms and conditions.
Coupon Attribution and Authentication:
Affiliates whose primary business is posting coupons, who are viewed by the program as being a coupon site, and/or who are tagged as coupon in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or the Deals Database in ShareASale, and directly or privately to affiliates. Coupon codes that are not real, expired, not specific (i.e. up to 40% off sale items) or are long-term sitewide offers that do not require a code may not be considered valid codes and the affiliate will not be given commission on these orders.
Domain name policy
Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited.Coupon code policy:
If you are enrolled in our program and your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
You may ONLY advertise coupon codes that are provided to you through the affiliate program.
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 advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all items on the site have free shipping over $99, you may not turn this into an offer that infers that the customer must click from your site to get this deal. Additionally, if your website ranks on the first page of Google for terms related to our website or company name combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.
Self-referral policy:
Affiliate shall not transmit any so-called parasite-ware, parasitic marketing, deceptive pop-ups and/or pop-unders to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited BedVoyage.com website (example; no page from our site or any BedVoyage content or branding is visible on the end-user’s screen). As used herein the parasitic marketing shall mean any application that through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to any search engines and similar search or directory engines). You are not permitted to use self-referral methods which means you can’t click on your own affiliate text links and/or banners and make orders via your unique affiliate link. Matching IP addresses that were used to log in to the Affiliate panel and to make the purchase, are going to be considered as self-referral and no exceptions will be made. Violations can result in the loss of all accrued commission and dismissal from the program. No setting commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open BedVoyage.com website; targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
Disclaimer:
BedVoyage makes no express or implied representations of warranties regarding BedVoyage service and website or the products or services provided therein, any implied warrantes BedVoyage’s ability, fitness for a particular purpose, and non-infringement expressly disclaimed and excluded. In addition, we make no representation that the operator of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
License Grants:
BedVoyage grants to you a non-exclusive, non-transferable, revocable right to access our site through html links solely in accordance with the terms of this Agreement and solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the licensed materials) that we provide to you or authorize for such purpose. You are only entitled to use the licensed materials to the extent that you are a member in good standing of BedVoyage Affiliate Program. You agree that all uses of the licensed materials will be on behalf of BedVoyage and the goodwill associated therewith will inure to the sole benefit of BedVoyage.
Limitations of Liability:
Under this Agreement; we will not be liable to you with respect to any subject matter 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 such event shall BedVoyage have 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.
Indemnifications:
You hereby agree to indemnify and hold harmless BedVoyage, 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, and 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 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, any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or any claim related to your site, including, without limitation, content therein not attributable to us.
Warranties and Representations:
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; and/or
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; and/or
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
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 BedVoyage. We have no tax liability to you, for any wages, commissions or payments. 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 website or posts or any other 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 the business or assets of a third party.
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.
