Affiliate Marketing Agreement
The effective date of the Affiliate Marketing Agreement is 28/06/2024.
1. Purpose
The purpose of this Agreement is to establish the terms and conditions under which the Affiliate will promote the Merchant's products in exchange for a commission on sales generated through the Affiliate's marketing efforts.
2. Enrollment in the Affiliate Program
2.1. To enroll in the Affiliate Program, the Affiliate must complete and submit the online application form.
2.2. The Merchant reserves the right to approve or reject any Affiliate application at its sole discretion.
3. Affiliate Responsibilities
3.1. The Affiliate agrees to use only the marketing materials provided or approved by the Merchant.
3.2. The Affiliate shall not engage in any misleading or unethical advertising practices.
3.3. The Affiliate will comply with all applicable laws and regulations in promoting the Merchant's products.
4. Commissions
4.1. The Affiliate will earn a commission on sales made through their unique affiliate link.
4.2. The commission rate is 5% of the net sales amount.
4.3. Commissions will be paid monthly, within 14 days from the end of the month in which the sales occurred.
4.4. Commissions will not be paid on returned or refunded products.
5. Promotion and Marketing
5.1. The Affiliate is responsible for promoting the Merchant's products through their website, social media channels, and other marketing efforts.
5.2. The Affiliate shall not engage in any activity that may damage the reputation of the Merchant or its products.
6. Intellectual Property
6.1. The Merchant grants the Affiliate a non-exclusive, non-transferable, revocable license to use the Merchant's trademarks, logos, and marketing materials solely for the purpose of promoting the Merchant's products.
6.2. The Affiliate shall not modify the Merchant's trademarks, logos, or marketing materials without prior written consent from the Merchant.
7. Term and Termination
7.1. This Agreement shall commence on the Effective Date and continue until terminated by either Party.
7.2. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party 7 days' written notice.
7.3. Upon termination, the Affiliate shall immediately cease all promotion of the Merchant's products and remove any marketing materials from their website and other marketing channels.
8. Confidentiality
8.1. The Parties agree to keep confidential all information relating to the other Party's business, including but not limited to sales data, customer information, and commission rates.
8.2. This confidentiality obligation shall survive the termination of this Agreement.
9. Limitation of Liability
9.1. The Merchant shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with this Agreement.
9.2. The Merchant's total liability to the Affiliate under this Agreement shall not exceed the total commissions paid to the Affiliate in the preceding six months.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
11. Multiple Affiliation
11.1. Affiliates representing Mid in Mod Furniture on multiple platforms must ensure that they do not receive multiple commissions for the same sale. Affiliates found to have received commissions from both ShareASale and another platform for the same sale will not be eligible for commission payment.
11.2. In such cases, Mid in Mod Furniture reserves the right to terminate the affiliate relationship immediately and withhold any pending commission payments.
11.3. Mid in Mod Furniture may also pursue legal action against affiliates engaging in fraudulent activities, including but not limited to filing criminal complaints for fraud.
12. Miscellaneous
12.1. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, whether written or oral.
12.2. The Affiliate may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Merchant.
12.3. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
