Squatty Potty
Program Terms
Affiliate Program Terms and Conditions
PPC Keyword Bidding Rules
Keyword Bidding NOT Allowed. Keywords which include but are not limited to:
squatty potty, company name
squattypotty.com, domain name
TM+ Trademark+ Term is not permitted
Squatty Potty LLC, company name
squatty potty store.com, company name
the squatty potty com
www squatty potty com
www.squatty potty.com
• Affiliates must not list any Squatty Potty® products on Google, Yahoo, Amazon or other Shopping Search Engine.
• Affiliates must not own, purchase, or list in a domain name (URL) containing the words Squatty Potty in any formation.
Affiliate Program Terms
Updated: March 6, 2018 (Current Affiliates: See what’s changed)
The Squatty Potty, LLC (“Squatty Potty” or “we” or “our”) affiliate program (the “Affiliate Program”) is designed to help you generate income in exchange for referring customers to Squatty Potty. These Affiliate Program Terms (the “Affiliate Agreement”) constitute a contract between Squatty Potty and you (the “Affiliate” or “you” or “your”), and it sets forth the terms and conditions that govern your participation in Squatty Potty’s Affiliate Program.
BY REGISTERING AS AN AFFILIATE AND/OR BY CONTINUING TO PARTICIPATE IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF A REVISED AFFILIATE AGREEMENT ON THE SQUATTY POTTY.COM WEBSITE (THE “SQUATTY POTTY SITE”), (i) YOU AGREE TO BE BOUND BY THIS AFFILIATE AGREEMENT; (ii) YOU REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS AFFILIATE AGREEMENT; AND (iii) IF YOU ARE ENTERING THIS AFFILIATE AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS AFFILIATE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE AFFILIATE PROGRAM.
1. Enrollment in the Affiliate Program
To begin the enrollment process, you must submit a complete and accurate Affiliate Program application through our affiliate network. Additional terms and conditions may apply to your use of the websites of our affiliate payment networks. We may reject your application for any reason. If we accept your application and we later determine, in our sole discretion, that your site is unsuitable (see Section 8.11), we may terminate this Affiliate Agreement. You will ensure that the information in your Affiliate Program application and otherwise associated with your account is at all times complete, accurate, and up-to-date.
2. Links on Your Site
If you are accepted into the Affiliate Program, you may display Referral Links on your site. “Referral Links” are links to the Squatty Potty Site that you place on your site in accordance with this Affiliate Agreement which permit accurate tracking, reporting, and accrual of referral fees. You may earn referral fees only as described in Section 6 and only with respect to activity on the Squatty Potty Site occurring directly through your Referral Links.
3. Content; Limited License
In order to facilitate your participation in the Affiliate Program, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with the Affiliate Program (“Content”). Subject to the terms of this Affiliate Agreement and solely for the limited purpose of directing visitors of your sites to the Squatty Potty site in connection with the Affiliate Program, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (i) copy and display the Content solely on your site; and (ii) use only those of our trademarks and logos that we may make available to you as part of Content (collectively, the “Squatty Potty Marks”) solely on your sites.
The license set forth in this Section 3 will immediately and automatically terminate if at any time you breach any provision of this Affiliate Agreement, or otherwise upon deactivation of your account and/or termination of this Affiliate Agreement. In addition, we may terminate the license set forth in this Section 3, in whole or in part, for any reason, upon notice to you. Upon request or termination of the license set forth in this Section 3, you will promptly remove from your site and delete or otherwise destroy all of the Content and Squatty Potty Marks, or as we may otherwise request from time to time.
4. Responsibility for Your Site
You will be solely responsible for your site, including, without limitation, its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for: (i) the technical operation of your site and all related equipment; (ii) displaying Referral Links and other Content on your site in compliance with this Affiliate Agreement; (iii) creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site; and (iv) using the Content, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including, without limitation, copyrights, trademarks, rights of privacy or publicity, or other intellectual property or proprietary rights). We will have no liability for these matters or for any of your visitors’ claims relating to these matters.
5. Ownership
Other than the limited license expressly set forth in Section 3, we reserve all right, title, and interest (including all intellectual property and proprietary rights) in and to the Affiliate Program, our trademarks and logos (including, but not limited to, the Squatty Potty Marks) and other Content, and any other intellectual property and technology that we provide or use in connection with the Affiliate Program. If you provide us with suggestions, reviews, modifications, data, images, text, or other information or content in connection with this Affiliate Agreement, any Content, or your participation in the Affiliate Program (each, a “Submission”), you hereby irrevocably assign to us all right, title, and interest in and to such Submission, and acknowledge that we may, without limitation, use, reproduce, perform, display, and distribute such Submission in any manner, and adapt, modify, re-format, and create derivative works of such Submission for any purpose. You hereby warrant that: (i) your Submission is your original work, or you obtained your Submission in a lawful manner; and (ii) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to your Submissions.
6. Payments
6.1. Affiliate cookies are active for thirty (30) days from the initial click through by a customer. Subject to the exclusions set forth below, a “Qualified Purchase” is the purchase of Squatty Potty products by a new and unique customer, or by a returning customer, who: (i) clicks on a Referral Link, and (ii) completes the purchase process within thirty (30) days, assuming another affiliate click does not occur after that initial customer click, as further described in Section 6.3 below.
Qualified Purchases exclude, and we will not pay referral fees on any of, the following: • any product purchase that is not correctly tracked or reported because the Referral Links from your site to the Squatty Potty Site are not properly formatted; • any product purchased through a Referral Link by you or on your behalf, including products you purchase through Referral Links for yourself or others; • any product purchased for resale or commercial use of any kind; • any product purchased after termination of this Affiliate Agreement; • any product order that is canceled or returned; • any product purchased with an unauthorized coupon code as set forth in 6.10 below; • any product purchased through a Referral Link that otherwise violates the terms of this Affiliate Agreement
6.2. As set forth above, affiliates do NOT qualify for affiliate payments as a result of their own clicks, and Squatty Potty reserves the right, in our sole and absolute discretion, to reverse any affiliate payments deemed to be the result of unauthorized clicks by an affiliate on his/her own Referral Links.
6.3. For affiliate payments purposes, the Affiliate Program stores the most recent affiliate link used by a customer to access our sales pages across our affiliate network. By way of example, if Customer A clicks through to the Squatty Potty Site (or native phone or tablet application) on Day 1 through your Referral Link, then clicks through to the Squatty Potty Site (or native phone or tablet application) using a Referral Link from Affiliate #2 and purchases a product either later in Day 1 or after Day 1, the credit for the sale will not be credited to you; it will be credited to Affiliate #2 (from Squatty Potty’s affiliate network), since they were the most recent affiliate to send Customer A to the Squatty Potty Site.
6.4. Affiliate accounts must be active at the time of the customer referral. No referral fee will accrue for sales that occurred before (or after, in the event of removal from our Affiliate Program) your participation in the Affiliate Program.
6.5. Affiliates are solely responsible for ensuring that all payee information is accurate and up to date in the affiliate network. Squatty Potty is not responsible for any lost or stolen payments.
6.6. Each calendar month constitutes a “Referral Period.” Missing or untracked referrals must be reported to us during the then-current Referral Period, which will be credited to your account in our sole discretion. Referrals that are not reported during the then-current Referral Period will not be credited to your account, except on a case-by-case basis in our sole and absolute discretion.
6.7. Affiliate payments for Qualified Purchases are determined approximately fifteen (15) days after the end of the Referral Period in which the Qualified Purchases are recorded.
6.8. Affiliate payments are sent to you using Squatty Potty’s affiliate network payment system. Squatty Potty does not send payment directly to any affiliates. Affiliates are responsible for making sure they can accept payments from Squatty Potty's affiliate network.
6.9. Affiliates are responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive affiliate payments. Please check with your receiving banking institution to find out if any of these apply for your account.
6.10. Affiliate referral fees will not be paid on sales using an unauthorized coupon code or deal. Unauthorized coupon codes/deals are any and all codes not provided to you via the affiliate program network.
7. Reversals
7.1. If a referred customer initially makes a Qualified Purchase and then cancels their purchase during the same Referral Period, the applicable referral fees paid to you will be reversed and deducted from that Referral Period’s earnings.
7.2. Referred customers that issue a chargeback or are found to be fraudulent (e.g. false information, fake/stolen credit cards, selling counterfeit goods, etc.), as determined in Squatty Potty's sole discretion, will be reversed regardless of the amount of time that has passed since the Qualified Purchase occurred.
8. Affiliate Restrictions and Responsibilities
8.1. You MAY NOT use traffic that is generated by pay to click, pay to read, banner exchanges, click exchanges, CPV advertising, pop-up/under, SPAM, purchased traffic or similar methods.
8.2. You MAY NOT use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the Referral Link (for example a 1x1 pixel iframe).
8.3. You MAY NOT bid on or use Squatty Potty's trademarks (including, but not limited to, any Squatty Potty Marks) or misspelled keywords for the purpose of PPC on Internet search engines (Google, Yahoo, MSN, Ask, etc.). Squatty Potty’s trademarks include “Squatty Potty”, “Squatty Potty.com”, “Squatty Potty”.
8.4. You MAY NOT use Squatty Potty's trademarks (including, but not limited to, any Squatty Potty Marks) or misspelled keywords in your domain names.
8.5. You are responsible for ensuring your tracking code is working properly before sending traffic to Squatty Potty's servers. Any modification to the Referral Links is your sole responsibility. Referral fees may not be paid for tracking errors caused by editing, masking, redirecting or tampering with Referral Links, as determined in Squatty Potty's sole discretion.
8.6. You MAY NOT use redirected pages and links to send a user to Squatty Potty servers. For example, you may not have a PPC link on a search engine that redirects the user to the Squatty Potty Site or native phone or tablet application.
8.7. Domain forwarding and direct linking are prohibited – you MAY NOT purchase a domain and set it to forward directly to the Squatty Potty Site or native phone or tablet applications using your Referral Link. We encourage our affiliates to design their own websites, landing pages, apps, email lists, or other methods of directing traffic to their own valuable content prior to directing users to Squatty Potty’s properties.
8.8. You MAY NOT copy Squatty Potty's website, native phone or tablet applications or any portions thereof, including, without limitation, any of Squatty Potty's trademarks or other intellectual property, and display them on your own site, subdomain, phone or tablet applications or use them in any way to create or recreate the look and feel of Squatty Potty’s online properties without Squatty Potty's prior express written permission. In general, you may use Squatty Potty product descriptions, titles, and images and other Content to promote the sale of a particular item. However, further promotion outside of approved Content provided to you within the in connection with the Affiliate Program (for example, banners, links, text ads) requires Squatty Potty’s prior written approval and permission.
8.9. You MAY NOT engage in the advertisement of business-opportunity sites or use marketing practices that attract fraudulent or short-term customers (customers with low retention and purchase rates), which shall be determined by us in our sole discretion.
8.10. It is our intent to communicate with affiliates often. If you choose to not receive affiliate communications through the network, it is your responsibility to update notification and subscription preferences in the network.
8.11 You will ensure that your site is not unsuitable. Unsuitable sites include, but are not limited to, those that: (i) promote or contain sexually explicit materials; (ii) promote violence or contain violent materials; (iii) promote or contain libelous or defamatory materials; (iv) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age; (v) promote or undertake illegal activities; (vi) are directed toward children under thirteen (13) years of age; or (vii) violate any intellectual property or proprietary rights of Squatty Potty or any other person or entity.
8.12. You MAY NOT include on your site, display, or otherwise use Referral Links or other Content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.
8.13. You MAY NOT attempt to intercept or redirect (including, but not limited to, via software installed on users’ computers) traffic from or on, or divert referral fees from, any site that participates in the Affiliate Program.
8.14. You MAY NOT artificially generate clicks or impressions on your site or create Sessions on the Squatty Potty Site, whether by way of a robot or software program or otherwise.
8.15. You MAY NOT misrepresent or embellish the relationship between you and Squatty Potty or express or imply any relationship or affiliation between you and Squatty Potty or any other person or entity except as expressly permitted by this Affiliate Agreement.
8.16. You MAY NOT misrepresent nor give any medical advice, representations or make medical claims about use of the Squatty Potty product including but not limited to Constipation, Hemorrhoids, IBS, Colon Cancer, Pelvic Floor issues, or Bladder problems.
8.17. You MAY ONLY post or advertise coupon codes or deals that are provided to you in the affiliate program platform. Coupons must be displayed in their entirety with the full offer, valid expiration date and code. Sales generated using unauthorized (not provided to you), coupon codes will not receive a referral fee.
9. Compliance with Law
9.1. It is our intent to treat all customers and affiliates fairly. Accordingly, in connection with your participation in the Affiliate Program, you will comply fully with all applicable laws (federal, state, or otherwise), regulations, guidelines, and other requirements of any governmental authority that has jurisdiction over you, including, without limitation, those concerning advertising and marketing, such as (i) the United States Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed, and (ii) laws that govern marketing email (e.g., the CAN-SPAM Act of 2003). This means that all of your websites (e.g. directories, review/rating sites, blogs and other websites), native phone or tablet applications, and any email or collateral that provide an endorsement or assessment of Squatty Potty, must prominently disclose the fact that you may receive compensation for referring customers to Squatty Potty.
9.2. For more information and suggestions about how to comply with the FTC’s Endorsement Guidelines, please visit the FTC Endorsement Guide (http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf). Please note that the FTC Endorsement Guide is only intended to provide guidance. It does not purport to provide legal advice and it does not guarantee that you will be in compliance with FTC regulations if you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation.
9.3. We reserve the right, in our sole and absolute discretion, to withhold affiliate payments and/or terminate the affiliate relationship for your failure to comply with this Section 9, as determined by Squatty Potty in our sole and absolute discretion.
10. CERTAIN STATE PROHIBITIONS
As a condition of your participation in the Affiliate Program, you agree that your solicitation activities on behalf of Squatty Potty within Arkansas, Colorado, California, Georgia, Illinois, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Jersey, New York, North Carolina, Rhode Island, Tennessee, Vermont and Washington (hereinafter “these states”) shall be limited to only providing a Referral Link on your website to the Squatty Potty Site. You acknowledge that under current laws in these states, further solicitation and promotional activities by you may render Squatty Potty liable for collecting sales tax on all sales to customers in these states. Therefore, as a condition of participation in the Affiliate Program, you are prohibited from engaging in any solicitation activities in these states intended to refer potential customers to Squatty Potty, including, but not limited to: (i) distributing flyers, coupons, newsletters and other printed materials, or electronic equivalents of such materials targeting residents of these states; (ii) engaging in verbal solicitation, including, without limitation, in-person referrals or initiating telephone calls, with residents of these states; and (iii) sending emails targeting residents of these states. By accepting these Terms & Conditions on an annual basis, Affiliate confirms that they have complied with the above for the previous calendar year.
At this time, residents of the state of Connecticut, Oklahoma and Pennsylvania are ineligible to participate in the Affiliate Program. If an existing affiliate moves into the state of Connecticut, Oklahoma, or Pennsylvania, it is that affiliate’s responsibility to update their information in the network and notify Squatty Potty.
You further acknowledge that state tax laws are subject to change at any time and such changes may render affiliates in certain states ineligible for continued participation in the Affiliate Program. Squatty Potty reserves the right to remove any affiliate from the Affiliate Program at any time for any reason.
11. Deactivation
11.1. Your account may be deactivated at any time without warning or notice in our sole and absolute discretion. In the event you breach this Affiliate Agreement or violate Squatty Potty's Terms of Use or any applicable law, your account may be deactivated immediately and any and all accrued, but not yet received, affiliate payments will be forfeited.
11.2. Any false or misleading advertising or suspected fraudulent activity associated with your affiliate account, as determined by us in our sole and absolute discretion, may result in immediate deactivation of your account.
11.3. In the event your account generates a large number of fraudulent accounts, as determined by us in our sole and absolute discretion, your account with Squatty Potty may be deactivated.
11.4. If you would like to discontinue your participation in the Affiliate Program at any time, simply remove your Referral Links and all other Content from your websites and cease promoting Squatty Potty. For accounting purposes, our systems will retain your account and personal information.
11.5. Upon any deactivation of your account or termination of this Affiliate Agreement, or if you discontinue your participation in the Affiliate Program, any and all licenses you have with respect to Content (including, but not limited to, the Squatty Potty Marks) will automatically terminate, and you must immediately stop using the Content and promptly remove the Referral Links and all other Content from your site. Upon any termination of this Affiliate Agreement, all rights and obligations of the parties will terminate, except that the rights and obligations of the parties under Sections 4, 5, 11.5, 12, 13, 14, 16, and 17, together with any accrued but unpaid payment obligations of us under this Affiliate Agreement, will survive the termination of this Affiliate Agreement. No termination of this Affiliate Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Affiliate Agreement prior to termination.
12. Indemnification
You agree to defend, indemnify, and hold Squatty Potty, our affiliates and licensors, and our and their respective officers, directors, employees, agents, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including, but not limited to, attorneys’ fees) relating to (i) your sites or any materials that appear on your sites, including the combination of your sites or those materials with other applications, content, or processes; (ii) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your sites, and all other matters described in Section 4; (iii) your use of any Content, whether or not such use is authorized by or violates this Affiliate Agreement; or (iv) your participation in the Affiliate Program or your violation of any term or condition of this Affiliate Agreement.
13. Limitation of Liability
SQUATTY POTTY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING FROM OR IN CONNECTION WITH THIS AFFILIATE AGREEMENT, THE AFFILIATE PROGRAM, THE SQUATTY POTTY SITE, ANY PRODUCTS OFFERED ON THE SQUATTY POTTY SITE, ANY REFERRAL LINKS, OUR TRADEMARKS AND LOGOS (INCLUDING, BUT NOT LIMITED TO, THE SQUATTY POTTY MARKS) AND OTHER CONTENT, OR ANY OTHER TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, INFORMATION, OR CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE AFFILIATE PROGRAM (COLLECTIVELY, THE “SQUATTY POTTY OFFERINGS”), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AFFILIATE AGREEMENT AND THE SQUATTY POTTY OFFERINGS WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AFFILIATE AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
14. Disclaimers
THE SQUATTY POTTY OFFERINGS ARE PROVIDED “AS IS.” NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SQUATTY POTTY OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SQUATTY POTTY OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SQUATTY POTTY OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. WE MAY DISCONTINUE ANY SQUATTY POTTY OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SQUATTY POTTY OFFERING, AT ANY TIME.
15. Changes
Squatty Potty may change any of the terms and conditions contained in this Affiliate Agreement, in whole or in part, at any time in Squatty Potty's sole discretion. Unless otherwise provided, such modifications will take effect when posted here on the Squatty Potty Site and shall apply to all referral fees that have not yet accrued. If we make any significant changes to this Affiliate Agreement, we will post a notice on this page for at least thirty (30) days after the changes are posted and will indicate at the top of this Affiliate Agreement the date of the last revision. In addition, Squatty Potty will use reasonable efforts to provide you with at least seven (7) days’ advance notice of any changes that materially impact your participation in the Affiliate Program. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF ANY MODIFICATION TO THIS AFFILIATE AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF ALL CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DEACTIVATE YOUR ACCOUNT AS DESCRIBED ABOVE.
16. Governing Law; Jurisdiction and Venue
You agree that Utah law governs this Affiliate Agreement and that any action, suit, proceeding, or claim arising out of or related to this Affiliate Agreement must be brought exclusively in federal or state courts located in Salt Lake City, Utah. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. You agree to indemnify Squatty Potty for all of its attorneys' fees and costs incurred as a result of any action, suit, proceeding or claim brought by you or Squatty Potty in which Squatty Potty is found to be the prevailing party. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AFFILIATE AGREEMENT.
17. Miscellaneous
You acknowledge and agree that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Affiliate Agreement or operate sites that are similar to or compete with your sites. You may not assign this Affiliate Agreement, by operation of law or otherwise, without our prior written consent. This Affiliate Agreement is binding on, inures to the benefit of, and is enforceable against the parties hereto and their respective permitted successors and assigns. Our failure to enforce your strict performance of any provision of this Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Affiliate Agreement. The relationship between you and Squatty Potty is that of independent contractors, and nothing in this Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Squatty Potty. You have no authority to make or accept any offers or representations on our behalf.
18. Contact Us
If you have any questions regarding our Affiliate Program, please send an email to social@squattypotty.com. Thank You, Squatty Potty.com
PPC Keyword Bidding Rules
Keyword Bidding NOT Allowed. Keywords which include but are not limited to:
squatty potty, company name
squattypotty.com, domain name
TM+ Trademark+ Term is not permitted
Squatty Potty LLC, company name
squatty potty store.com, company name
the squatty potty com
www squatty potty com
www.squatty potty.com
• Affiliates must not list any Squatty Potty® products on Google, Yahoo, Amazon or other Shopping Search Engine.
• Affiliates must not own, purchase, or list in a domain name (URL) containing the words Squatty Potty in any formation.
Affiliate Program Terms
Updated: March 6, 2018 (Current Affiliates: See what’s changed)
The Squatty Potty, LLC (“Squatty Potty” or “we” or “our”) affiliate program (the “Affiliate Program”) is designed to help you generate income in exchange for referring customers to Squatty Potty. These Affiliate Program Terms (the “Affiliate Agreement”) constitute a contract between Squatty Potty and you (the “Affiliate” or “you” or “your”), and it sets forth the terms and conditions that govern your participation in Squatty Potty’s Affiliate Program.
BY REGISTERING AS AN AFFILIATE AND/OR BY CONTINUING TO PARTICIPATE IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF A REVISED AFFILIATE AGREEMENT ON THE SQUATTY POTTY.COM WEBSITE (THE “SQUATTY POTTY SITE”), (i) YOU AGREE TO BE BOUND BY THIS AFFILIATE AGREEMENT; (ii) YOU REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS AFFILIATE AGREEMENT; AND (iii) IF YOU ARE ENTERING THIS AFFILIATE AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS AFFILIATE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE AFFILIATE PROGRAM.
1. Enrollment in the Affiliate Program
To begin the enrollment process, you must submit a complete and accurate Affiliate Program application through our affiliate network. Additional terms and conditions may apply to your use of the websites of our affiliate payment networks. We may reject your application for any reason. If we accept your application and we later determine, in our sole discretion, that your site is unsuitable (see Section 8.11), we may terminate this Affiliate Agreement. You will ensure that the information in your Affiliate Program application and otherwise associated with your account is at all times complete, accurate, and up-to-date.
2. Links on Your Site
If you are accepted into the Affiliate Program, you may display Referral Links on your site. “Referral Links” are links to the Squatty Potty Site that you place on your site in accordance with this Affiliate Agreement which permit accurate tracking, reporting, and accrual of referral fees. You may earn referral fees only as described in Section 6 and only with respect to activity on the Squatty Potty Site occurring directly through your Referral Links.
3. Content; Limited License
In order to facilitate your participation in the Affiliate Program, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with the Affiliate Program (“Content”). Subject to the terms of this Affiliate Agreement and solely for the limited purpose of directing visitors of your sites to the Squatty Potty site in connection with the Affiliate Program, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (i) copy and display the Content solely on your site; and (ii) use only those of our trademarks and logos that we may make available to you as part of Content (collectively, the “Squatty Potty Marks”) solely on your sites.
The license set forth in this Section 3 will immediately and automatically terminate if at any time you breach any provision of this Affiliate Agreement, or otherwise upon deactivation of your account and/or termination of this Affiliate Agreement. In addition, we may terminate the license set forth in this Section 3, in whole or in part, for any reason, upon notice to you. Upon request or termination of the license set forth in this Section 3, you will promptly remove from your site and delete or otherwise destroy all of the Content and Squatty Potty Marks, or as we may otherwise request from time to time.
4. Responsibility for Your Site
You will be solely responsible for your site, including, without limitation, its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for: (i) the technical operation of your site and all related equipment; (ii) displaying Referral Links and other Content on your site in compliance with this Affiliate Agreement; (iii) creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site; and (iv) using the Content, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including, without limitation, copyrights, trademarks, rights of privacy or publicity, or other intellectual property or proprietary rights). We will have no liability for these matters or for any of your visitors’ claims relating to these matters.
5. Ownership
Other than the limited license expressly set forth in Section 3, we reserve all right, title, and interest (including all intellectual property and proprietary rights) in and to the Affiliate Program, our trademarks and logos (including, but not limited to, the Squatty Potty Marks) and other Content, and any other intellectual property and technology that we provide or use in connection with the Affiliate Program. If you provide us with suggestions, reviews, modifications, data, images, text, or other information or content in connection with this Affiliate Agreement, any Content, or your participation in the Affiliate Program (each, a “Submission”), you hereby irrevocably assign to us all right, title, and interest in and to such Submission, and acknowledge that we may, without limitation, use, reproduce, perform, display, and distribute such Submission in any manner, and adapt, modify, re-format, and create derivative works of such Submission for any purpose. You hereby warrant that: (i) your Submission is your original work, or you obtained your Submission in a lawful manner; and (ii) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to your Submissions.
6. Payments
6.1. Affiliate cookies are active for thirty (30) days from the initial click through by a customer. Subject to the exclusions set forth below, a “Qualified Purchase” is the purchase of Squatty Potty products by a new and unique customer, or by a returning customer, who: (i) clicks on a Referral Link, and (ii) completes the purchase process within thirty (30) days, assuming another affiliate click does not occur after that initial customer click, as further described in Section 6.3 below.
Qualified Purchases exclude, and we will not pay referral fees on any of, the following: • any product purchase that is not correctly tracked or reported because the Referral Links from your site to the Squatty Potty Site are not properly formatted; • any product purchased through a Referral Link by you or on your behalf, including products you purchase through Referral Links for yourself or others; • any product purchased for resale or commercial use of any kind; • any product purchased after termination of this Affiliate Agreement; • any product order that is canceled or returned; • any product purchased with an unauthorized coupon code as set forth in 6.10 below; • any product purchased through a Referral Link that otherwise violates the terms of this Affiliate Agreement
6.2. As set forth above, affiliates do NOT qualify for affiliate payments as a result of their own clicks, and Squatty Potty reserves the right, in our sole and absolute discretion, to reverse any affiliate payments deemed to be the result of unauthorized clicks by an affiliate on his/her own Referral Links.
6.3. For affiliate payments purposes, the Affiliate Program stores the most recent affiliate link used by a customer to access our sales pages across our affiliate network. By way of example, if Customer A clicks through to the Squatty Potty Site (or native phone or tablet application) on Day 1 through your Referral Link, then clicks through to the Squatty Potty Site (or native phone or tablet application) using a Referral Link from Affiliate #2 and purchases a product either later in Day 1 or after Day 1, the credit for the sale will not be credited to you; it will be credited to Affiliate #2 (from Squatty Potty’s affiliate network), since they were the most recent affiliate to send Customer A to the Squatty Potty Site.
6.4. Affiliate accounts must be active at the time of the customer referral. No referral fee will accrue for sales that occurred before (or after, in the event of removal from our Affiliate Program) your participation in the Affiliate Program.
6.5. Affiliates are solely responsible for ensuring that all payee information is accurate and up to date in the affiliate network. Squatty Potty is not responsible for any lost or stolen payments.
6.6. Each calendar month constitutes a “Referral Period.” Missing or untracked referrals must be reported to us during the then-current Referral Period, which will be credited to your account in our sole discretion. Referrals that are not reported during the then-current Referral Period will not be credited to your account, except on a case-by-case basis in our sole and absolute discretion.
6.7. Affiliate payments for Qualified Purchases are determined approximately fifteen (15) days after the end of the Referral Period in which the Qualified Purchases are recorded.
6.8. Affiliate payments are sent to you using Squatty Potty’s affiliate network payment system. Squatty Potty does not send payment directly to any affiliates. Affiliates are responsible for making sure they can accept payments from Squatty Potty's affiliate network.
6.9. Affiliates are responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive affiliate payments. Please check with your receiving banking institution to find out if any of these apply for your account.
6.10. Affiliate referral fees will not be paid on sales using an unauthorized coupon code or deal. Unauthorized coupon codes/deals are any and all codes not provided to you via the affiliate program network.
7. Reversals
7.1. If a referred customer initially makes a Qualified Purchase and then cancels their purchase during the same Referral Period, the applicable referral fees paid to you will be reversed and deducted from that Referral Period’s earnings.
7.2. Referred customers that issue a chargeback or are found to be fraudulent (e.g. false information, fake/stolen credit cards, selling counterfeit goods, etc.), as determined in Squatty Potty's sole discretion, will be reversed regardless of the amount of time that has passed since the Qualified Purchase occurred.
8. Affiliate Restrictions and Responsibilities
8.1. You MAY NOT use traffic that is generated by pay to click, pay to read, banner exchanges, click exchanges, CPV advertising, pop-up/under, SPAM, purchased traffic or similar methods.
8.2. You MAY NOT use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the Referral Link (for example a 1x1 pixel iframe).
8.3. You MAY NOT bid on or use Squatty Potty's trademarks (including, but not limited to, any Squatty Potty Marks) or misspelled keywords for the purpose of PPC on Internet search engines (Google, Yahoo, MSN, Ask, etc.). Squatty Potty’s trademarks include “Squatty Potty”, “Squatty Potty.com”, “Squatty Potty”.
8.4. You MAY NOT use Squatty Potty's trademarks (including, but not limited to, any Squatty Potty Marks) or misspelled keywords in your domain names.
8.5. You are responsible for ensuring your tracking code is working properly before sending traffic to Squatty Potty's servers. Any modification to the Referral Links is your sole responsibility. Referral fees may not be paid for tracking errors caused by editing, masking, redirecting or tampering with Referral Links, as determined in Squatty Potty's sole discretion.
8.6. You MAY NOT use redirected pages and links to send a user to Squatty Potty servers. For example, you may not have a PPC link on a search engine that redirects the user to the Squatty Potty Site or native phone or tablet application.
8.7. Domain forwarding and direct linking are prohibited – you MAY NOT purchase a domain and set it to forward directly to the Squatty Potty Site or native phone or tablet applications using your Referral Link. We encourage our affiliates to design their own websites, landing pages, apps, email lists, or other methods of directing traffic to their own valuable content prior to directing users to Squatty Potty’s properties.
8.8. You MAY NOT copy Squatty Potty's website, native phone or tablet applications or any portions thereof, including, without limitation, any of Squatty Potty's trademarks or other intellectual property, and display them on your own site, subdomain, phone or tablet applications or use them in any way to create or recreate the look and feel of Squatty Potty’s online properties without Squatty Potty's prior express written permission. In general, you may use Squatty Potty product descriptions, titles, and images and other Content to promote the sale of a particular item. However, further promotion outside of approved Content provided to you within the in connection with the Affiliate Program (for example, banners, links, text ads) requires Squatty Potty’s prior written approval and permission.
8.9. You MAY NOT engage in the advertisement of business-opportunity sites or use marketing practices that attract fraudulent or short-term customers (customers with low retention and purchase rates), which shall be determined by us in our sole discretion.
8.10. It is our intent to communicate with affiliates often. If you choose to not receive affiliate communications through the network, it is your responsibility to update notification and subscription preferences in the network.
8.11 You will ensure that your site is not unsuitable. Unsuitable sites include, but are not limited to, those that: (i) promote or contain sexually explicit materials; (ii) promote violence or contain violent materials; (iii) promote or contain libelous or defamatory materials; (iv) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age; (v) promote or undertake illegal activities; (vi) are directed toward children under thirteen (13) years of age; or (vii) violate any intellectual property or proprietary rights of Squatty Potty or any other person or entity.
8.12. You MAY NOT include on your site, display, or otherwise use Referral Links or other Content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.
8.13. You MAY NOT attempt to intercept or redirect (including, but not limited to, via software installed on users’ computers) traffic from or on, or divert referral fees from, any site that participates in the Affiliate Program.
8.14. You MAY NOT artificially generate clicks or impressions on your site or create Sessions on the Squatty Potty Site, whether by way of a robot or software program or otherwise.
8.15. You MAY NOT misrepresent or embellish the relationship between you and Squatty Potty or express or imply any relationship or affiliation between you and Squatty Potty or any other person or entity except as expressly permitted by this Affiliate Agreement.
8.16. You MAY NOT misrepresent nor give any medical advice, representations or make medical claims about use of the Squatty Potty product including but not limited to Constipation, Hemorrhoids, IBS, Colon Cancer, Pelvic Floor issues, or Bladder problems.
8.17. You MAY ONLY post or advertise coupon codes or deals that are provided to you in the affiliate program platform. Coupons must be displayed in their entirety with the full offer, valid expiration date and code. Sales generated using unauthorized (not provided to you), coupon codes will not receive a referral fee.
9. Compliance with Law
9.1. It is our intent to treat all customers and affiliates fairly. Accordingly, in connection with your participation in the Affiliate Program, you will comply fully with all applicable laws (federal, state, or otherwise), regulations, guidelines, and other requirements of any governmental authority that has jurisdiction over you, including, without limitation, those concerning advertising and marketing, such as (i) the United States Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed, and (ii) laws that govern marketing email (e.g., the CAN-SPAM Act of 2003). This means that all of your websites (e.g. directories, review/rating sites, blogs and other websites), native phone or tablet applications, and any email or collateral that provide an endorsement or assessment of Squatty Potty, must prominently disclose the fact that you may receive compensation for referring customers to Squatty Potty.
9.2. For more information and suggestions about how to comply with the FTC’s Endorsement Guidelines, please visit the FTC Endorsement Guide (http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf). Please note that the FTC Endorsement Guide is only intended to provide guidance. It does not purport to provide legal advice and it does not guarantee that you will be in compliance with FTC regulations if you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation.
9.3. We reserve the right, in our sole and absolute discretion, to withhold affiliate payments and/or terminate the affiliate relationship for your failure to comply with this Section 9, as determined by Squatty Potty in our sole and absolute discretion.
10. CERTAIN STATE PROHIBITIONS
As a condition of your participation in the Affiliate Program, you agree that your solicitation activities on behalf of Squatty Potty within Arkansas, Colorado, California, Georgia, Illinois, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Jersey, New York, North Carolina, Rhode Island, Tennessee, Vermont and Washington (hereinafter “these states”) shall be limited to only providing a Referral Link on your website to the Squatty Potty Site. You acknowledge that under current laws in these states, further solicitation and promotional activities by you may render Squatty Potty liable for collecting sales tax on all sales to customers in these states. Therefore, as a condition of participation in the Affiliate Program, you are prohibited from engaging in any solicitation activities in these states intended to refer potential customers to Squatty Potty, including, but not limited to: (i) distributing flyers, coupons, newsletters and other printed materials, or electronic equivalents of such materials targeting residents of these states; (ii) engaging in verbal solicitation, including, without limitation, in-person referrals or initiating telephone calls, with residents of these states; and (iii) sending emails targeting residents of these states. By accepting these Terms & Conditions on an annual basis, Affiliate confirms that they have complied with the above for the previous calendar year.
At this time, residents of the state of Connecticut, Oklahoma and Pennsylvania are ineligible to participate in the Affiliate Program. If an existing affiliate moves into the state of Connecticut, Oklahoma, or Pennsylvania, it is that affiliate’s responsibility to update their information in the network and notify Squatty Potty.
You further acknowledge that state tax laws are subject to change at any time and such changes may render affiliates in certain states ineligible for continued participation in the Affiliate Program. Squatty Potty reserves the right to remove any affiliate from the Affiliate Program at any time for any reason.
11. Deactivation
11.1. Your account may be deactivated at any time without warning or notice in our sole and absolute discretion. In the event you breach this Affiliate Agreement or violate Squatty Potty's Terms of Use or any applicable law, your account may be deactivated immediately and any and all accrued, but not yet received, affiliate payments will be forfeited.
11.2. Any false or misleading advertising or suspected fraudulent activity associated with your affiliate account, as determined by us in our sole and absolute discretion, may result in immediate deactivation of your account.
11.3. In the event your account generates a large number of fraudulent accounts, as determined by us in our sole and absolute discretion, your account with Squatty Potty may be deactivated.
11.4. If you would like to discontinue your participation in the Affiliate Program at any time, simply remove your Referral Links and all other Content from your websites and cease promoting Squatty Potty. For accounting purposes, our systems will retain your account and personal information.
11.5. Upon any deactivation of your account or termination of this Affiliate Agreement, or if you discontinue your participation in the Affiliate Program, any and all licenses you have with respect to Content (including, but not limited to, the Squatty Potty Marks) will automatically terminate, and you must immediately stop using the Content and promptly remove the Referral Links and all other Content from your site. Upon any termination of this Affiliate Agreement, all rights and obligations of the parties will terminate, except that the rights and obligations of the parties under Sections 4, 5, 11.5, 12, 13, 14, 16, and 17, together with any accrued but unpaid payment obligations of us under this Affiliate Agreement, will survive the termination of this Affiliate Agreement. No termination of this Affiliate Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Affiliate Agreement prior to termination.
12. Indemnification
You agree to defend, indemnify, and hold Squatty Potty, our affiliates and licensors, and our and their respective officers, directors, employees, agents, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including, but not limited to, attorneys’ fees) relating to (i) your sites or any materials that appear on your sites, including the combination of your sites or those materials with other applications, content, or processes; (ii) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your sites, and all other matters described in Section 4; (iii) your use of any Content, whether or not such use is authorized by or violates this Affiliate Agreement; or (iv) your participation in the Affiliate Program or your violation of any term or condition of this Affiliate Agreement.
13. Limitation of Liability
SQUATTY POTTY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING FROM OR IN CONNECTION WITH THIS AFFILIATE AGREEMENT, THE AFFILIATE PROGRAM, THE SQUATTY POTTY SITE, ANY PRODUCTS OFFERED ON THE SQUATTY POTTY SITE, ANY REFERRAL LINKS, OUR TRADEMARKS AND LOGOS (INCLUDING, BUT NOT LIMITED TO, THE SQUATTY POTTY MARKS) AND OTHER CONTENT, OR ANY OTHER TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, INFORMATION, OR CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE AFFILIATE PROGRAM (COLLECTIVELY, THE “SQUATTY POTTY OFFERINGS”), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AFFILIATE AGREEMENT AND THE SQUATTY POTTY OFFERINGS WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AFFILIATE AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
14. Disclaimers
THE SQUATTY POTTY OFFERINGS ARE PROVIDED “AS IS.” NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SQUATTY POTTY OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SQUATTY POTTY OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SQUATTY POTTY OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. WE MAY DISCONTINUE ANY SQUATTY POTTY OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SQUATTY POTTY OFFERING, AT ANY TIME.
15. Changes
Squatty Potty may change any of the terms and conditions contained in this Affiliate Agreement, in whole or in part, at any time in Squatty Potty's sole discretion. Unless otherwise provided, such modifications will take effect when posted here on the Squatty Potty Site and shall apply to all referral fees that have not yet accrued. If we make any significant changes to this Affiliate Agreement, we will post a notice on this page for at least thirty (30) days after the changes are posted and will indicate at the top of this Affiliate Agreement the date of the last revision. In addition, Squatty Potty will use reasonable efforts to provide you with at least seven (7) days’ advance notice of any changes that materially impact your participation in the Affiliate Program. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF ANY MODIFICATION TO THIS AFFILIATE AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF ALL CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DEACTIVATE YOUR ACCOUNT AS DESCRIBED ABOVE.
16. Governing Law; Jurisdiction and Venue
You agree that Utah law governs this Affiliate Agreement and that any action, suit, proceeding, or claim arising out of or related to this Affiliate Agreement must be brought exclusively in federal or state courts located in Salt Lake City, Utah. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. You agree to indemnify Squatty Potty for all of its attorneys' fees and costs incurred as a result of any action, suit, proceeding or claim brought by you or Squatty Potty in which Squatty Potty is found to be the prevailing party. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AFFILIATE AGREEMENT.
17. Miscellaneous
You acknowledge and agree that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Affiliate Agreement or operate sites that are similar to or compete with your sites. You may not assign this Affiliate Agreement, by operation of law or otherwise, without our prior written consent. This Affiliate Agreement is binding on, inures to the benefit of, and is enforceable against the parties hereto and their respective permitted successors and assigns. Our failure to enforce your strict performance of any provision of this Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Affiliate Agreement. The relationship between you and Squatty Potty is that of independent contractors, and nothing in this Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Squatty Potty. You have no authority to make or accept any offers or representations on our behalf.
18. Contact Us
If you have any questions regarding our Affiliate Program, please send an email to social@squattypotty.com. Thank You, Squatty Potty.com