1. Scope
This is a contract between you (the “Affiliate” or “Ambassador”) and us (“the brand” or “Justhuman”). It describes how we will work together and other aspects of our business relationship.
Justhuman runs our affiliate program through ShareASale. This agreement applies to your participation in our Affiliate Marketing Program (the “Affiliate Program”). Please note that we periodically update these terms and withhold the right to replace any or all terms in their entirety at any time.
Definitions
“Affiliate”, “Ambassador”, and “You” are being used interchangeably in this agreement and refer to individuals acting as promoters of the brand.
“The Brand”, “Justhuman”, and “We” are being used interchangeable in this agreement and refer to the Justhuman Company.
“Affiliate Link” refers to the unique tracking links provided through ShareASale that affiliates can use to promote the brand through media channels, including social media channels and blog pages.
“Affiliate Tool” refers to the tools we make available to assist affiliates in their participation of the affiliate program.
“Commission” refers to the payment paid by the brand to the affiliate per secured customer transaction.
“Customer” refers to the authorized purchaser who makes a purchase online through the brand’s official website [www.justhuman.shop].
“Customer Data” refers to any / all information submitted by the customer to the brand during the purchasing process.
Brand Keywords: Justhuman, Just Human, Justhuman Shop
2. Non-Exclusivity & Acceptance
This agreement does NOT create an exclusive arrangement between the affiliate and the ambassador. You have the right to recommend and promote similar products and services of third parties and we have the right to collaborate with other ambassadors without prior approval or notification to one another.
Your acceptance in our Affiliate Program is fully at our discretion and participation by accepted affiliates is expected.
3. Affiliate Responsibilities
It is understood that the that the Affiliate will introduce the Brand and its products and services to their current and prospective customers, followers, and friends. The Affiliate will be fully responsible for any costs related to maintaining or marketing the Affiliate Program, including but not limited to the creation of content to promote product, hosting, modification, or improvements to the Affiliate’s personal website, and/or cost of additional product outside of gifting offered by the brand.
4. Payment
The Affiliate will receive percentage-based commission for each sale that is secured through the Affiliate’s unique affiliate link.
The brand uses ShareASale to handle all tracking and payouts in the Affiliate Program. Review the network’s payment terms and conditions as applicable to your participation in our Affiliate Program.
5. Termination
We reserve the right to remove any ambassador as we see fit and withhold the right to terminate this agreement with any affiliate at any time as we see necessary. Unsuitable behavior by the affiliate will lead to immediate termination and includes behavior that:
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights
- Can be regarded as unlawful, harmful, threatening, defamatory, obscene, harassing, discriminatory against any person or groups of people, or otherwise offensive in any way as determined at the brand’s sole discretion.
- Markets the brand in an unsolicited or “spamming” manner
We reserve the right to terminate this Agreement and your participation in the brand affiliate program immediately and without notice if you should commit fraud or should you abuse this program in any way. If fraud, abuse, or behavior deemed as unsuitable leads to the termination of an Ambassador, the brand shall not be liable to you for any outstanding commissions.
6. Promotion Restrictions
We encourage all affiliates to actively promote the brand amongst their existing audience and network. Affiliates are free to promote the brand across your socials and website. Certain forms of advertising, however, are prohibited by the brand and require express written consent by the brand in advance of being undertaken by the affiliate.
Advertising practices that can be defined as “spamming” are unacceptable and not allowed under any circumstance. Unsolicited commercial email is not allowed under any circumstance. At all times, you must clearly represent yourself and your website as an independent affiliate that is not employed by or working under the direct instruction of the brand.
Affiliates running pay-per-click campaigns on the brand’s keywords that direct traffic to the Affiliate’s site, an Affiliate link, or any third-party site or redirect traffic intended for the brand’s site will be considered trademark violations and be dismissed immediately from the Affiliate Program. If Affiliates wish to run Pay-Per-Click marketing campaigns, they require the written consent of the brand prior to beginning the campaign. The brand has no obligation or responsibility to pay for such marketing campaigns and will not pay for marketing campaigns run by Affiliates.
7. Grant of Licenses
We grant to you a non-exclusive, non-transferrable, revocable right to:
- Access our site through HTML links solely in accordance with the terms of this Agreement
- Use logo, trade names, trademarks, and similar identifying material and preapproved creatives, provided through the ShareASale platform.
You agree to use the provided materials and preapproved creatives to promote the brand in exchange for commission-based payment.
The affiliate and brand agree not to use one another’s proprietary materials in any manner that is disparaging, misleading, obscene, offensive, or otherwise portrays the other party in a negative life. Each party reserves all its respective rights in the proprietary materials shared throughout this partnership and/or covered in this license. No right, title or interest is transferred from either party to the other in this Agreement.
8. Disclaimer & Indemnification
You hereby agree to indemnify and hold harmless the brand, its subsidiaries and affiliates, their directors, officers, employees, agents, shareholders, partners, members, and any other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgements, settlements, costs, and expenses.
9. Confidentiality
All confidential information, including, but not limited to any business, technical, financial, and/or 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.
10. Miscellaneous
a. 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 the brand.
b. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws and principles thereof.
c. You may not amend or waive any provision of this Agreement unless approved in writing and agreed to by both parties.
d. This Agreement represents the entire agreement between the brand and the affiliate and shall supersede all prior agreements and communications of the parties, oral or written.
e. If any provisions 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.
