Effective Date: May 22, 2025
These Affiliate Terms and Conditions (“Terms”) govern the participation of publishers (“Publisher,” “you,” or “your”) in the affiliate marketing program (“Program”) operated by Burton Goods (“Advertiser,” “we,” “us,” or “our”) through the AWIN affiliate network (“Network”). By participating in the Program, you agree to be bound by these Terms, the AWIN Access Affiliate Marketing Advertiser Agreement, the AWIN Publisher Terms and Conditions, and any additional policies or guidelines provided by us or AWIN.
1. Definitions
1.1 Network: The marketing network provided by AWIN to facilitate affiliate and performance marketing.
1.2 Publisher: An operator of a website, application, or service that has joined the Network to promote Burton Goods’ products or services as an affiliate.
1.3 Product: Any product, service, or equivalent offered for sale by Burton Goods through the Program.
1.4 Program: The ongoing affiliate marketing services provided through AWIN for the promotion of Burton Goods’ products or services.
1.5 Tracking Code: The code provided by AWIN to track actions, transactions, or leads generated by Publishers, as outlined in AWIN’s Tracking Policy (https://www.awin.com/us/tracking-policy).
1.6 Commission: The payment made to Publishers for approved actions or transactions in accordance with these Terms.
1.7 Advertiser URL: The website or landing page(s) owned or operated by Burton Goods where Products are offered.
2. Enrollment and Approval
2.1 To participate in the Program, you must apply through AWIN’s Network and be approved by Burton Goods. We reserve the right to accept or reject any application at our sole discretion.
2.2 You must provide accurate and complete information during the application process and maintain the accuracy of such information.
2.3 All Publishers must undergo AWIN’s manual and automated verification process, including payment of a nominal fee (reimbursed in your first payment), as outlined by AWIN.
2.4 Burton Goods may manually approve Publishers and impose additional terms or conditions specific to our Program.
3. Promotion and Marketing
3.1 Approved Marketing: You agree to promote Burton Goods’ Products in accordance with these Terms, AWIN’s Publisher Code of Conduct, and any specific guidelines provided by us. Promotional methods must be ethical, transparent, and compliant with applicable laws.
3.2 Prohibited Activities: You may not:
Use misleading, false, or deceptive advertising methods.
Promote Burton Goods’ Products on websites or platforms containing illegal, offensive, or inappropriate content.
Engage in cookie stuffing, forced clicks, or other fraudulent activities.
Bid on Burton Goods’ brand name, trademarks, or misspellings in paid search campaigns without prior written approval.
Use Burton Goods’ brand name in your domain name, URL, or social media handles without prior written approval.
3.3 Media Placements: Specific media placements and positions will be outlined in Burton Goods’ Program profile on AWIN or communicated directly to you.
3.4 Creative Materials: You may only use promotional materials (banners, links, text, etc.) provided or approved by Burton Goods through AWIN’s Network. Unauthorized use of our intellectual property is strictly prohibited.
4. Tracking and Commissions
4.1 Tracking: All actions, transactions, or leads will be tracked using AWIN’s Tracking Code and Tracking Policy. These will be the sole basis for recording and determining Commissions, subject to Burton Goods’ approval process.
4.2 Commission Structure: Commissions will be paid for approved transactions or leads as outlined in Burton Goods’ Program profile on AWIN. We reserve the right to modify the Commission structure with reasonable advance notice to Publishers.
4.3 Approval of Transactions: Burton Goods will approve or decline transactions or leads in a manner consistent with our historical practices, unless reasonable advance notice of a change is provided. Transactions may be declined for reasons including, but not limited to, returns, cancellations, fraud, or non-compliance with these Terms.
4.4 Payment: Commissions will be paid through AWIN’s payment system, subject to AWIN’s payment terms and thresholds. You are responsible for any taxes or fees associated with your earnings.
5. Term and Termination
5.1 These Terms are effective upon your acceptance into the Program and continue until terminated by either party.
5.2 Burton Goods may terminate your participation in the Program at any time, with or without cause, by providing written notice through AWIN’s Network.
5.3 You may terminate your participation by notifying AWIN and ceasing use of Burton Goods’ promotional materials.
5.4 Upon termination, you must immediately cease using Burton Goods’ promotional materials and intellectual property. Any outstanding Commissions will be paid in accordance with AWIN’s payment terms, subject to approval.
6. Confidentiality
6.1 Any non-public information provided by Burton Goods or AWIN, including Program details, Commission rates, or customer data, is confidential and may not be disclosed without prior written consent, except as required by law.
7. Limitation of Liability
7.1 Burton Goods and AWIN will not be liable for any indirect, incidental, or consequential damages arising from your participation in the Program.
7.2 Our total liability under these Terms will not exceed the total Commissions paid to you in the six months prior to any claim.
8. Indemnification
8.1 You agree to indemnify and hold harmless Burton Goods, AWIN, and their affiliates from any claims, damages, or expenses arising from your breach of these Terms, violation of applicable laws, or misuse of Burton Goods’ intellectual property.
9. Governing Law
9.1 These Terms are governed by the laws of [Insert Jurisdiction, e.g., Delaware, USA], without regard to its conflict of law principles. Any disputes will be resolved in the courts of [Insert Jurisdiction].
10. Amendments
10.1 Burton Goods may amend these Terms at any time by posting updated Terms on AWIN’s Network or notifying Publishers directly. Continued participation in the Program constitutes acceptance of the updated Terms.
11. Contact Information
11.1 For questions or concerns regarding these Terms or the Program, contact Burton Goods at [Insert Contact Email or AWIN
