This document sets out the Terms and Conditions for participation in the ZIA TILE Affiliate Program. By signing below you are agreeing to abide by the specific terms and conditions for this program.
AGREEMENT
Please read this Affiliate Agreement carefully before you join our Affiliate Program or begin marketing our Affiliate Program. By applying to be a ZIA TILE affiliate ("Affiliate"), you (a) agree to abide by these terms and conditions and our privacy policy (addendum A) if you are accepted into the Affiliate Program, (b) acknowledge and agree that these terms and conditions and our Privacy Policy constitute an agreement between us and you upon your acceptance into the Program (the "Agreement"); (c) represent and warrant that you are lawfully able to enter into this Agreement; and (d) acknowledge and agree that you are and will remain in compliance (and will be responsible for assuring that your employees, agents and contractors comply) with the terms and conditions of this Agreement. This Agreement is written in plain language intentionally avoiding legalese to ensure that this Agreement may be clearly understood and followed by Affiliates.
DEFINITIONS
As used in this Agreement:
1. "ZIA TILE", "we", "us" or "our" refers to ZIA TILE in all forms
2. "you" or "your" refers to the Affiliate.
3. "our website" refers to the ZIA TILE properties located at http://www.ziatile.com
4. "your website" refers to any website, web pages, or other online services that you control and will link to our website.
5. "Program" and "Affiliate Program" refer to the ZIA TILE Affiliate Program.
6. "Products" refers to any products sold or distributed by the ZIA TILE Brand.
7. "Qualifying Purchases" refers to purchases made when all of the following requirements are made:
1. (i) a customer clicks through a special link on your website to our website; (ii) during a single session that the customer adds a Product to his/her shopping cart and places the order for that Product no later than 1 day following the customer’s initial click-through; and (iii) the purchased Product is paid for by the customer; or
8. "Trademarked Terms" refers to the ZIA TILE’s registered trademarks; please see addendum B for a current list.
A) ZIA TILE grants you, as a Contracted Affiliate, a non-exclusive, non-transferable and non-sublicensable (sub)license for the term of the Affiliate Agreement to use and reproduce the ZIA TILE Marks solely for the purposes of placement of Ad Links on the Affiliate Sites.
B) ZIA TILE reserves the right to terminate the Affiliate Agreement at any time for any reason whatsoever.
D) You undertake to return to ZIA TILE or to delete all materials which relate to Ad Links, designs, developments, prototypes, product samples and other items provided by ZIA TILE pursuant to the Affiliate Agreement, in the event of termination, for any reason whatsoever, of the Affiliate Agreement.
C) You undertake to immediately cease (i) to further use and reproduce any Ad Link, ZIA TILE Mark or other Intellectual Property Rights of ZIA TILE (or one of ZIA TILE Affiliates or any third party related to ZIA TILE); (ii) to use all (technical) know-how and other information provided to the Contracted Affiliate by ZIA TILE pursuant to the Affiliate Agreement, in the event of termination, for any reason whatsoever, of the Affiliate Agreement.
E) You undertake not to use any ZIA TILE promotion codes or coupons that are not made available through ZIA TILE, and will remove any codes or coupons that the brand requests to be taken down from public usage. Any promotion of a code before the official live date and time is not allowed. Any use of toolkits for product launches provided by ZIA TILE are not to be used before the embargo date and time lifts. Any violation of these terms will disallow you to earn commission on that code or product launch.
Further Coupon Guidelines:
If your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows or you will be subject to removal from the Program:
1. You may ONLY advertise coupon codes that are provided to you through the Affiliate Program or our Affiliate Network, (i.e. ShareASale) or that are displayed on our public website(s).
2. You may ONLY display coupons in their entirety with the full offer, valid expiration date and code.
3. You may NOT post any information about how to work around the terms and conditions of a coupon/promotion (e.g., describing how existing customers can qualify as a first time customer to benefit from an offer to first time customers only).
4. You may NOT use any technology or technique that conceals or obscures the coupon code such that only an Affiliate click will reveal the code(s).
5. You may NOT advertise coupon codes obtained from our non-Affiliate advertising materials, e-mail marketing materials, paid search campaigns, or any other marketing or campaign.
6. You may NOT give the appearance that any offer requires clicking from your website in order to redeem. For example, if all items over $100 on our website have free shipping, you may not turn this into an offer that implies that the customer must click from your website to get this deal.
F) You guarantee that your Affiliate Site does not conduct any illegal activity and does not contain: 1. Discriminative content; 2. Pornographic content; 3. Hate/offensive/violent content; 4. Lewd/pornographic content; 5. Religious content; 6. Political content that endorses one party or candidate; 7. Aesthetically unpleasing content as advised by ZIA TILE ; 8. Abusive or irresponsible promotion of Alcohol, Tobacco or Drugs; 9. Use of the word "sex" gratuitously or excessively; 10. Firearms, games of chance, and lotteries.
G) You undertake not to use other URLs, banners, button(s), pointer(s), icon(s) or other link(s) that individuals can click on and that enables them to navigate directly to ZIA TILE’ Site(s), than the Ad Links provided by ZIA TILE pursuant to the Affiliate Agreement.
Upon acceptance into the Program, links will be made available to you through the Affiliate Interface. When linking to our website, you agree:
1. You will only use linking code obtained from the Affiliate interface without manipulation.
2. All domains that use your Affiliate link must be listed in your Affiliate profile, which can be found on the My Settings page in your ShareASale account.
3. Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
4. You may not engage in cookie stuffing or include pop-ups or false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
5. Your website may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
H) You undertake not to modify any creative made available through ZIA TILE , without express permission and sign-off by ZIA TILE .
I) You agree to use the creative/promotions made available through ZIA TILE .
J) You agree not to bid, except with prior written permission, on ZIA TILE (or ZIA TILE affiliates’) name and on any ZIA TILE Marks, ZIA TILE (or ZIA TILE affiliates’) trademarks or any common misspelling or confusingly similar trademarks, on any pay-for- placement search engines, including, but not limited to: google.com, yahoo.com (overture), ask.com, msn.com and ilse.nl. Furthermore, You agree, except with prior written permission, not to utilize, advertise or otherwise promote, any ZIA TILE terms in the headline or description copy associated with pay-for-placement search engines or in meta-tags, keywords, page titles or paid search engine advertising.
K) You agree that you will not participate in any Pay-Per-Click Advertising using ZIA TILE or any of ZIA TILE ’s trademarks.
L) You shall at all times comply with ZIA TILE requests as to the use of the Ad Links and ZIA TILE Marks and shall not remove any ZIA TILE copyright notices, trademarks or trade names from the ZIA TILE Marks.
M) You acknowledge that you will respect all Intellectual Property Rights of any third party pursuant to this Affiliate Agreement
N) You explicitly acknowledge and agree that all Intellectual Property Rights in the ZIA TILE Marks, ZIA TILE Sites and ZIA TILE Products belong to and shall continue to belong to ZIA TILE (or ZIA TILE affiliates, its licensors or other third party owners) and that you do not have any rights in or to the ZIA TILE Marks, ZIA TILE Sites and ZIA TILE Products other than the right to use or reproduce them during the term and in accordance with the Affiliate Agreement.
O) You agree that ZIA TILE has the right to audit your business facilities to verify compliance with the Affiliate Agreement, any laws and any guidelines imposed on you pursuant to the Affiliate agreement.
P) You undertake not to assign (which includes (i) a sale or other transfer of shares or of all or substantially all of the assets of the business of Contracted Affiliate and (ii) a merger, consolidation or other reorganization to which the Contracted Affiliate is a party) any of its rights and obligations under this Agreement without the prior written approval of ZIA TILE .
Q) You agree to respect confidentiality regarding all documents and materials which are made available to you and clearly marked as ‘Confidential’ pursuant to the Affiliate Agreement.
R) ZIA TILE will aim to validate transactions on a twice-monthly basis, after the returns period has ended. This period is 90 days for ZIA TILE ’s product.
S) Transaction queries must be submitted within 45 days of the transaction date. ZIA TILE reserve the right to decline claims submitted after this time period.
T) SOCIAL MEDIA promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
1. You ARE allowed to promote offers to your own lists; more specifically, you are welcome to use your Affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, "20% off sale at ZIA TILE official.com through Wednesday with code ZIA TILE 20."
2. You ARE PROHIBITED from posting your Affiliate links on ZIA TILE ’s Facebook, Twitter, etc. company pages in an attempt to turn those links into Affiliate sales.
3. You ARE PROHIBITED from running advertisements on our social media platforms using the Trademarked Terms.
TRANSACTION LOCK DATES
For the purposes of commission payments, all sales will remain in a "sales pending period" and will not lock until 90 days following the date of transaction ("lock date"). All commission payments will be sent via ShareASale on the 20th day of the calendar month following the lock date (e.g., when a transaction occurs on April 1st, it locks on June 30th, and the commission will be paid via ShareASale on August 20th).
Commission Rates
Please see commission tab for details on the commission structure
Addendum B – Trademarks/Protected Terms:
ZIA TILE
