PHOENICIA ESSENCE AFFILIATE MARKETING PROGRAM AGREEMENT
This Affiliate Marketing Program Agreement (“Agreement”) sets forth the terms and conditions of your participation in the Phoenicia Essence Affiliate Marketing Program (“Program”). Please read this Agreement carefully. By clicking “I accept” or participating in the Program, you (“Affiliate” or “you” or “your”) acknowledge that you have read, understood, and agree to be bound by this Agreement with Phoenicia Essence, Inc., doing business as Phoenicia Essence and PhoeniciaEssence.com (“Phoenicia Essence,” “we,” “us,” or “our”), located in Arizona, USA.
If you are entering into this Agreement on behalf of a company or legal entity, you represent that you are authorized to bind that entity. If you do not agree to these terms, do not participate in the Program.
1. Enrollment
To participate in the Program, you must first register as an affiliate through Awin (formerly ShareASale.com) and accept Awin’s Affiliate Service Agreement, which is incorporated by reference. Upon receiving your application, we will review your site(s) and notify you of your acceptance or rejection. We reserve the right to accept or reject any application at our sole discretion.
2. Website Restrictions
Your website(s) must not:
Infringe on intellectual property, publicity, or privacy rights
Violate any applicable laws
Include threatening, defamatory, obscene, or harmful content
Contain malware or malicious scripts
Attempt to divert traffic from another affiliate or website
Mislead customers regarding Phoenicia Essence’s offerings
3. Linking to Phoenicia Essence
Once approved:
Use only the affiliate links provided by Awin
All domains using your affiliate link must be listed in your Awin profile
Do not advertise on third-party marketplaces (e.g., Amazon, eBay)
Do not copy or mimic Phoenicia Essence’s website
Cookie stuffing, pop-ups, redirects, and masking referral URLs are prohibited
Do not use links that mislead about the destination
Affiliate links must not participate in other referral programs simultaneously
Self-referrals are not eligible for commission
4. Pay-Per-Click (PPC) Guidelines
Unless explicitly authorized by us, you may not:
Bid on our trademarks or variations in search engine advertising
Use our trademarks in ad copy, URLs, or metadata
Directly link PPC ads to our website
Appear in a higher ad position than Phoenicia Essence
Use automated tools without excluding our brand terms
5. Trademarks
Upon approval, you may use Phoenicia Essence’s trademarks solely to promote the Program. You may not:
Imply endorsement beyond your affiliate relationship
Modify or misuse our trademarks or promotional materials
Use our trademarks in domain names or subdomains
Phoenicia Essence retains all trademark and intellectual property rights.
6. Coupon Guidelines
If you promote coupons:
Only use codes issued through the Program or posted on our website
Include full offer details and expiration dates
Do not use technology that conceals coupon codes to trigger affiliate clicks
Do not promote unofficial or expired codes
Do not misrepresent site-wide promotions
7. Domain Names
You may not use any Phoenicia Essence trademarks in domain or subdomain names (e.g., www.phoeniciaessence-coupons.com).
8. Advertising & Publicity
You may use approved banner ads, buttons, and promotional text provided by us. You may not:
Alter the materials without permission
Market our products to users outside the United States
Send promotional emails that appear to be from Phoenicia Essence
Operate a sub-affiliate network
All email promotions must comply with the CAN-SPAM Act and be submitted for approval.
9. Reversals & Communication
Orders may be reversed due to returns, chargebacks, cancellations, or policy violations. We expect timely and honest communication if we request clarification on suspicious activity. Failure to respond or provide adequate documentation may result in withheld commissions or removal from the Program.
10. Intellectual Property
Phoenicia Essence retains all rights to its trademarks, logos, and promotional content. Use is limited to your participation in the Program, and any unauthorized use is prohibited.
11. Relationship of Parties
You are an independent contractor. This Agreement does not create a partnership, joint venture, or agency relationship.
12. Commissions
You are eligible to earn commissions on qualifying purchases made by U.S.-based customers who click through your affiliate link. Commission rates are set on Awin and may be modified at any time. ShareASale (now Awin) processes and distributes payments per its terms.
13. Disclaimer
We make no warranties regarding the Program’s success or any specific outcomes. All materials are provided “as is.” Phoenicia Essence is not liable for indirect, consequential, or special damages.
14. Indemnification
You agree to indemnify Phoenicia Essence for any claims or damages resulting from your participation in the Program, breach of this Agreement, or misuse of our materials or trademarks.
15. Confidentiality
You agree not to disclose any confidential information obtained through the Program, unless required by law or authorized in writing by Phoenicia Essence.
16. Termination
Either party may terminate your participation at any time. Upon termination, you must remove all links, trademarks, and promotional materials immediately. Only commissions for qualifying purchases made before termination will be paid.
17. Compliance with Laws
You agree to comply with all laws applicable to affiliate marketing, including:
The CAN-SPAM Act
FTC Section 5
FTC guidelines on endorsements and disclosures
18. Modification
Phoenicia Essence may modify this Agreement at any time. Continued participation after changes constitutes acceptance of the updated terms.
19. Governing Law
This Agreement is governed by the laws of Arizona. Any disputes must be resolved in state or federal courts located in Scottsdale, Arizona.
20. Social Media
You may promote using your own social media channels, but may not post affiliate links on Phoenicia Essence’s official social pages.
21. U.S. Operations
The Program is available only to U.S. residents aged 18 or older. All features are restricted to U.S. use.
22. FTC Disclosure Requirements
You must clearly disclose your affiliate relationship in any content that includes links or endorsements. If you received free product, this must also be stated.
23. General Provisions
Severability: If any part of this Agreement is found invalid, the remainder remains in effect.
Assignment: You may not assign this Agreement without written permission.
Nonwaiver: Failure to enforce a term does not waive future enforcement rights.
Entire Agreement: This Agreement represents the full understanding between the parties and supersedes all prior agreements.
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