Boba Inc.
Program Terms
Please read this Agreement carefully before applying
for the Program as an Affiliate. By applying for the Program you indicate your
acceptance of this Agreement and its terms and conditions.
This Affiliate Program Agreement (the
"Agreement") is made by and between Boba Inc a Wyoming,
USA corporation ("Boba"), and You, as an Affiliate
(defined below) utilizing the Boba Affiliate Program (defined below) ("You",
"Your", "Affiliate").
By signing up for the Program, you accept this
Agreement and agree to abide by its terms and conditions. Each Affiliate is responsible for assuring that its employees, agents and
contractors comply with these terms and conditions.
DEFINITIONS
As used in this Agreement, Terms are defined as
follows: (i) "We", "Us",
“Boba” and "Our" refers to Boba, and the respective Boba
brands which include but are not limited to Boba; (ii) "You"
or "Your" refers to the Affiliate; (iii) "our website"
refers to the Boba websites which include but are not limited to www.boba.com;
(iv) "your website" refers to any websites that you will link to our
website or social media site; (v) "Program" refers to the Boba Affiliate
Program.
"Affiliate Program” or “Program” is when your websites
that generate their own traffic (owned by approved Affiliates) are approved for
the Program by Boba, and Boba pays a Commission (defined below) for
those Visitors (defined below) resulting in a measurable sale on Boba’s
online store. "Visitor" means any person, or user that clicks on a
Link to a Boba’s website placed on an Affiliate's website.
"Sales Commission" or “Commission” means the
payout Boba sets and agrees to pay for Visitors referred to the Boba’s
website that result in a measurable sale of a product generated by the
Affiliate. The sale must occur at the time of the visit. The Commission is defined
a percentage of a total sale amount (not counting shipping costs, tax etc.) per
transaction.
"Link" means a hyperlink placed on your website
that, when clicked on, sends a Visitor through to a Boba website. Links may
take many forms including text, a product image, buttons, banners, videos or
any other format acceptable to Boba.
"VOID" means a reversal of Commissions
previously earned for a sale that is later rescinded or corrected by Boba.
Boba may VOID transactions that are fraudulent, returned, duplicate
transactions, or for other valid reasons.
ACCEPTED USE
You represent to Boba that all
content You provide to the Program is solely owned by You or provided by You
with the express authority of the company You represent, does not infringe upon
any third party's rights (including, without limitation, intellectual property
rights) and is not defamatory, libelous, unlawful or otherwise objectionable. As a Boba Affiliate, any content You
shall provide shall NOT, promote, distribute, place, publish, or include
content which is: libelous, defamatory, obscene, pornographic, abusive, fraudulent
and/or violates any law. Boba may not review all information provided by
You, and You therefore remain solely responsible for Your content and your website.
Links may not be placed
in: newsgroups, unsolicited e-mail, ICQ (or other instant messaging client),
banner networks, counters, chatrooms or guest books. Any Link placed must be
done in such a way that it is not misleading to any Visitor and must be done
with the intention of delivering product sales to Boba from that Link.
Boba reserves the right in its sole discretion to
deem any website inappropriate and terminate the website as an Affiliate and
participant in the Program. If You are
terminated from the Program, Boba has the right to withhold Commission You
earned but have not yet been paid through the Program, and You will not be allowed
to re-join the Program.
SITE RESTRICTIONS
THE FOLLOWING TYPES OF SITES ARE NOT
ALLOWED TO PARTICIPATE IN THE PROGRAM, sites that:
1. Infringe on Boba’s or any third party’s intellectual
property, publicity, privacy or other rights;
2. Contain adult content (such as but not limited to nudity, pornography or
sexually explicit material), display adult banners, promote violence, bigotry
or hatred;
3. Violate any law, rule or regulation;
4. Promote illegal activity, including but not limited to WAREZ,
CRACKING, and HACKING SITES;
5. Contain any content that is threatening, harassing, defamatory,
obscene, harmful to minors;
6. Contain any viruses, Trojan horses, worms, time bombs,
cancelbots, or other computer programming routines that are intended to damage,
interfere with, surreptitiously intercept or expropriate any system, data, or
personal information; and/or
7. Contain software or use technology that attempts to intercept,
divert or redirect Internet traffic to or from any other website, or that
potentially enables the diversion of Affiliate commissions from another website.
LINKING TO OUR SITE
Upon acceptance into the Program, Links will be made available
to You through the Boba Affiliate Interface.
1. You will only use linking code obtained from the Boba Affiliate
Interface without manipulation.
2. All domains that use Your Affiliate link must be listed in your Affiliate
profile.
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 Boba’s website or any part of Boba’s website
including, without limitation, framing of our website in any manner.
4. You may not engage in cookie stuffing or include pop-ups, 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).
1. Using 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. If you are found redirecting links to
hide or manipulate their original source, your current and past Commissions
will be VOID or your Commission level will be set to 0%.
LINK PLACEMENT
You may place and remove Boba Links on your website and
in acceptable locations.
You may place Boba’s banners anywhere on your website
as you see fit, or use them within non-spam emails.
Any page that contains Boba links, banners, or
code must be written in English.
You cannot SPAM. We will terminate you from the Program on the first
offense of spamming. Do not send email to lists or groups that you do not have
permission to send to.
You may NOT use banners or links in newsgroups, chat rooms, ICQ,
message boards, banner networks, hit farms, counters, or guest books.
You may NOT place any creative in a "Desktop" advertising
scheme. This includes any third party advertising platforms that use a desktop
application to display ads in any form.
You may NOT display a Boba window that isn't the result of a
direct click by the end-user.
Abandoned Affiliate accounts that are left inactive
will be removed from our system if their balance is equal to or less than $25.
An abandoned Affiliate account is defined as: any account that has not been
logged into for a period of 6 months, nor had any transactions during those 6
months.
COUPON
GUIDELINES
Boba may
provide coupon codes from time-to-time. If you are enrolled in our Program and
your Web site promotes coupon codes, you must adhere to our Coupon Guidelines
as follows:
1.
You may ONLY advertise valid coupon codes that are provided to you by
Boba through the Affiliate Program or that are displayed on our website. Valid
codes are defined as codes that are made available to the Program in general,
through newsletters from Boba, to that Affiliate directly/privately or
short term site-wide offers. Coupon codes that are not real, expired, not
specific (E.g. “up to 15% off”) or are long-term site-wide offers that do not
require a code are not considered valid codes and the Affiliate will not be
given Commission on these orders.
2. Posting any information about how to work around any
requirements of a coupon/promotion (E.g. first time customers) will result in
removal from the Program.
3. Coupons must be displayed in their entirety with the full offer,
valid expiration date and code.
4. You may NOT use any technology that
covers up the coupon code and generates the affiliate click by revealing the
code(s).
5. You may NOT advertise coupon codes
obtained from our non-affiliate advertising, customer e-mails, paid search, or
any other campaign.
6. You may NOT give the appearance that
any coupon requires clicking from your website in order to redeem. (E.g., if
all items on the site have free shipping over $100, you may not turn this into
an offer that infers that the customer must click from your site to get this
deal).
7. Cookie Stuffing/Forced Clicks: You must not mislead customers
into clicking on an offer or coupon that does not exist or practice similarly
deceptive tactics that are generally known as "cookie stuffing” or “forced
clicks." These include, but are not limited to:
a.
Using knowingly expired offers or
presenting offers that do not exist or are not Affiliate offers.
b.
Making claims that a user must
click on a link first to activate or receive an offer.
1. Presenting a button that claims to show
all offers that sets the affiliate cookie in the background.
2. Technology that generates a click or sets
the cookie from the action of copying a coupon code or through a pop
under.
Additionally, if your website ranks on the first page
of Google for terms related to our website or uses our company name(s) combined
with the words “coupon”, “coupons”, “coupon code”, “promo code”, etc. and/or
your conversion rate exceeds twenty five percent you may be offered a lower Commission
than our standard rate to offset the reduced profitability of orders.
DOMAIN NAMES
Use of any of our trademarked terms, whether or not such marks
are registered, as part of the domain or sub-domain for your website is
strictly prohibited (i.e. Boba.website.com).
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written
material that makes reference to Our Program without first submitting that
material to Us and receiving Our prior written consent. If You intend to
promote the Program via e-mail campaigns, You must adhere to the following:
1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with
respect to our Program.
2. The e-mail must clearly be sent from You or on Your behalf and
must not imply that the e-mail is being sent on behalf of Boba.
3. Boba must be sent a copy of the e-mail.
SOCIAL MEDIA
Promotion on Your 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 may use your Affiliate links on your own
Facebook, Twitter, etc. pages.
2.
You are PROHIBITED from posting your
Affiliate links on Boba’s Facebook, Twitter, Instagram, etc. company pages in an
attempt to turn those links into Affiliate sales.
PPC RESTRICTIONS
You may not run pay-per-click ads and place bids at Search Engines such as Google/Bing/Yahoo to display Your own ads using our trademarked term “Boba.”
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all
pages, blogposts, or social media posts where Affiliate links for our Program
are posted as an endorsement or review, and where it is not clear that the link
is a paid advertisement. This disclosure statement should be clear and concise,
stating that we are compensating you for your review or endorsement through Affiliate
sales. If you received the product for free from Boba for review, this
also must be clearly stated in your disclosure. We reserve the right to audit all
Affiliate websites without notice for disclosure compliance and to remove an Affiliate
from the Program if we determine you are not in compliance.
1. Disclosures must be made as close as possible to the claims, and
may not appear solely in a "Terms of Use", "Legal",
"About Us" or other linked paged.
2. Disclosures must be made at each instance of a sponsored link. A
single statement on the website or a separate page with your general disclosure
statement is not sufficient.
3. Disclosures should be placed above the fold; scrolling should
not be necessary to find the disclosure (e.g. disclosure should be visible
before the jump).
4. Disclosure policy applies to all social media, even when space
is restricted (e.g. tweets).
5. You must comply with all FTC disclosure requirements, including
but not limited to these the FTC's Dot Com Disclosures Guidelines at ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC's Guides Concerning the Use of Endorsements and
Testimonials in Advertising at ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf and further explained at business.ftc.gov/advertising-and-marketing/endorsements
AFFILIATE
PAYMENT
You will receive a Commission for sending Boba authorized sales via Your Links from ShareASale. You understand that the Commission may be changed at any time. This
information is available to You via the ShareASale platform. Payments
are made automatically on the tenth (10th) day of each month when Your
account balance reaches $50 or more for the previous months' transactions. (i.e.
You will be paid the commission for January on February 10th if the
balance exceeds $50). Commission will be twelve percent (12%) of the product sale
price. No Commission is paid on shipping costs, taxes, free
products/accessories etc. Money credited
to Your Account does not accrue interest. In the event of a VOID by Boba, Boba
may recover from You the corresponding Commission previously credited to Your
Account. The VOID Commission will be immediately deducted from Your Account
balance. In the event that Your Account balance is less than the VOID
Commission, the VOID Commission will be deducted against Your future earnings.
REVERSAL & COMMUNICATION
POLICY
Boba reserves the right to reverse orders due to
order cancellations, duplicate orders, returns, disputed charges, and Program
violations as outlined in these terms and conditions. If we ask You for information on any orders,
You agree to respond in a timely and honest manner. Below are violations of our
communications policy:
1. You are not forthcoming, intentionally vague, or are found to misrepresent
information.
2. You are not responsive within a reasonable time period and after
multiple attempts to contact with information listed in your Affiliate profile.
3. You cannot substantiate or validate the source of your traffic
to our Program with clear and demonstrable proof.
If any of the above applies, we reserve the right to VOID
orders, set your commission to 0% and suspend you from the Program for a period
or with regard to the orders in question, at Our sole discretion. We know that
many violations are a result of automated processes; however it is incumbent
upon each Affiliate to ensure that it has the appropriate checks and balances
in place to pro-actively address these issues and adhere to our Program rules.
ENROLLMENT
To sign up as an Affiliate of the Program you must be at
least 18 (eighteen) years of age, and supply a valid tax ID, which may be a social
security number for individuals, or a federal tax ID for corporations or other
business entities. Please include all of the websites
that You use in your Affiliate profile to help us make a better decision regarding
Your participation in the Program. After receiving your application,
we will review your website and notify you of your acceptance into the Program.
We reserve the right to reject any application; however we encourage you to
contact us if you feel we have made an incorrect decision.
You agree to provide Boba with accurate, complete
and updated Affiliate information. You may not select the name of another
person with the intent to impersonate that person or deceive members or other
users as to Your true identity. You agree that Boba may rely on any data,
notice, instruction or request furnished by You which is reasonably believed by
Boba to be genuine and to have been sent or presented by a person
reasonably believed by Boba to be authorized to act on Your behalf. You
shall notify Boba by e-mail at bethany@boba.com of any known or suspected unauthorized uses of Your
Account, or any known or suspected breach of security, including loss, theft or
unauthorized disclosure of Your username and password. You shall be responsible
for maintaining the confidentiality of Your username and password and You are
responsible for all usage and activity on Your Account, including use of the
account by a third party authorized by You to use Your Account. Any fraudulent,
abusive or otherwise illegal activity may be grounds for termination from the
Program and referral to the appropriate law enforcement agencies.
CHANGES TO THE PROGRAM
Boba reserves the right to change, modify, add or remove portions of this
Agreement at any time and may add to, change, suspend or discontinue any aspect
of the Program at any time. In the event of any material change, Boba will
notify You in writing. You may either agree to such changes or withdraw from
the Program.
LIMITED
WARRANTY
BOBA DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, IN RELATION
TO THE PROGRAM, ITS USE AND THE RESULTS OF SUCH USE. BOBA SHALL HAVE NO
LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF
ANY WEBSITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR
PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. BOBA SHALL HAVE NO
LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES EVEN IF BOBA HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF BOBA
HEREUNDER SHALL BE LIMITED TO THE COMMISSION PAID AFFILIATE AS A DIRECT RESULT
OF THIS AGREEMENT.
LIMITATION OF
LIABILITY
BOBA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR: (I) ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF
THE USE OF OR INABILITY TO PARTICIPATE IN BOBA’S AFFILIATE PROGRAM OR ANY INFORMATION PROVIDED
ON BOBA WEB SITE(S) OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BOBA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR, (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB
SITE. BOBA’S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that Boba, although the provider of the
Program, has no responsibility or liability as a result of Your placement of
authorized Links from Your Web site, and You agree to indemnify, defend, and
hold harmless Boba and its affiliates, officers, directors, employees and
agents from and against any and all liability, claims, losses, damages,
injuries or expenses (including reasonable attorneys' fees) directly or
indirectly arising from or relating to any offer or any other matter related to
this Agreement or the subject matter hereof and any dispute relating thereto.
NON-DISCLOSURE
Boba acknowledges that in the
course of this Agreement it may have access to confidential and proprietary
information ("Confidential Information") of Your company. Boba agrees
not to disclose or disseminate the Confidential Information without Your prior
express written consent. The term "Confidential Information" shall
not include information that is or becomes part of the public domain through no
action or omission of Boba, that becomes available to Boba from third
parties without knowledge by Boba of any breach of fiduciary duty, that Boba
had in its possession prior to the date of this Agreement, or that is entered
by a customer to create a sales order once they have used the Affiliate Link to
reach our website (this includes any personal identifying information and
payment information). Boba reserves
the right to be able to utilize all sales data in the aggregate to analyze Program
trends and perform such other analysis as Boba deems appropriate; and
pursuant to the terms of this section, shall keep any personal identifying
information confidential.
OWNERSHIP AND
LICENSES
You the Affiliate, are granted a non-exclusive, limited, revocable right to use
Boba-provided trademarks, banners, content and images (“Boba IP”) for
sole the purpose of participating in the Program. All Boba IP provided is for
Your use in the Program only and is and shall remain the sole property of the Boba,
and no part thereof shall be deemed assigned or licensed to You except as
explicitly provided for herein. All intellectual property rights, including
trademarks, copyrights, patent rights or applications, tradenames and service marks
related to the foregoing shall remain the Boba’s sole property, including
rights in and to any derivatives thereof. You may not modify the Boba IP
provided to You in any way.
Boba may immediately terminate Your license to
use the Boba IP if Boba believes that such use dilutes, tarnishes or
blurs the value of their marks. You acknowledge that Your use of the Boba
IP will not create in You, nor will You represent that You have, any right,
title or interest in or to the Boba IP other than the license granted by Boba
herein. You will not challenge the validity of, or attempt to register any of
the Boba IP or Your interest therein as a licensee, nor will You adopt any
derivative or confusingly similar names, brands or marks or create any
combination marks with the marks. You acknowledge Boba’s ownership and
exclusive right to use the Boba IP and agree that all goodwill arising as
a result of the use of the marks shall inure to the benefit of Boba.
REPRESENTATIONS
Boba makes no representations
whatsoever about any other Web site which You may access through the Program.
In addition, a link to a non-Boba website through the Boba website does
not mean that Boba endorses or accepts any responsibility for the content
or the use of such website.
NONASSIGNABILITY
Affiliate may not assign this Agreement to any successor or affiliate.
FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in
the performance of its obligations hereunder on account of strikes, shortages,
riots, insurrection, fires, flood, storm, explosions, acts of God, war,
governmental action, labor conditions, earthquakes or any other cause which is
beyond the reasonable control of such party.
JURISDICTIONAL
ISSUES
This Agreement shall be governed by Wyoming, USA law (except for conflict of
law provisions). The exclusive forum for any actions brought in connection with
this Agreement shall be in the state and federal courts in and for the State of
Wyoming, USA and You consent to such jurisdiction.
MISCELLANEOUS
This Agreement represents the complete agreement concerning this license and
may be amended only by a writing executed by both parties. If any provision of
this Agreement is held to be unenforceable, such provision shall be reformed
only to the extent necessary to make it enforceable.
for the Program as an Affiliate. By applying for the Program you indicate your
acceptance of this Agreement and its terms and conditions.
This Affiliate Program Agreement (the
"Agreement") is made by and between Boba Inc a Wyoming,
USA corporation ("Boba"), and You, as an Affiliate
(defined below) utilizing the Boba Affiliate Program (defined below) ("You",
"Your", "Affiliate").
By signing up for the Program, you accept this
Agreement and agree to abide by its terms and conditions. Each Affiliate is responsible for assuring that its employees, agents and
contractors comply with these terms and conditions.
DEFINITIONS
As used in this Agreement, Terms are defined as
follows: (i) "We", "Us",
“Boba” and "Our" refers to Boba, and the respective Boba
brands which include but are not limited to Boba; (ii) "You"
or "Your" refers to the Affiliate; (iii) "our website"
refers to the Boba websites which include but are not limited to www.boba.com;
(iv) "your website" refers to any websites that you will link to our
website or social media site; (v) "Program" refers to the Boba Affiliate
Program.
"Affiliate Program” or “Program” is when your websites
that generate their own traffic (owned by approved Affiliates) are approved for
the Program by Boba, and Boba pays a Commission (defined below) for
those Visitors (defined below) resulting in a measurable sale on Boba’s
online store. "Visitor" means any person, or user that clicks on a
Link to a Boba’s website placed on an Affiliate's website.
"Sales Commission" or “Commission” means the
payout Boba sets and agrees to pay for Visitors referred to the Boba’s
website that result in a measurable sale of a product generated by the
Affiliate. The sale must occur at the time of the visit. The Commission is defined
a percentage of a total sale amount (not counting shipping costs, tax etc.) per
transaction.
"Link" means a hyperlink placed on your website
that, when clicked on, sends a Visitor through to a Boba website. Links may
take many forms including text, a product image, buttons, banners, videos or
any other format acceptable to Boba.
"VOID" means a reversal of Commissions
previously earned for a sale that is later rescinded or corrected by Boba.
Boba may VOID transactions that are fraudulent, returned, duplicate
transactions, or for other valid reasons.
ACCEPTED USE
You represent to Boba that all
content You provide to the Program is solely owned by You or provided by You
with the express authority of the company You represent, does not infringe upon
any third party's rights (including, without limitation, intellectual property
rights) and is not defamatory, libelous, unlawful or otherwise objectionable. As a Boba Affiliate, any content You
shall provide shall NOT, promote, distribute, place, publish, or include
content which is: libelous, defamatory, obscene, pornographic, abusive, fraudulent
and/or violates any law. Boba may not review all information provided by
You, and You therefore remain solely responsible for Your content and your website.
Links may not be placed
in: newsgroups, unsolicited e-mail, ICQ (or other instant messaging client),
banner networks, counters, chatrooms or guest books. Any Link placed must be
done in such a way that it is not misleading to any Visitor and must be done
with the intention of delivering product sales to Boba from that Link.
Boba reserves the right in its sole discretion to
deem any website inappropriate and terminate the website as an Affiliate and
participant in the Program. If You are
terminated from the Program, Boba has the right to withhold Commission You
earned but have not yet been paid through the Program, and You will not be allowed
to re-join the Program.
SITE RESTRICTIONS
THE FOLLOWING TYPES OF SITES ARE NOT
ALLOWED TO PARTICIPATE IN THE PROGRAM, sites that:
1. Infringe on Boba’s or any third party’s intellectual
property, publicity, privacy or other rights;
2. Contain adult content (such as but not limited to nudity, pornography or
sexually explicit material), display adult banners, promote violence, bigotry
or hatred;
3. Violate any law, rule or regulation;
4. Promote illegal activity, including but not limited to WAREZ,
CRACKING, and HACKING SITES;
5. Contain any content that is threatening, harassing, defamatory,
obscene, harmful to minors;
6. Contain any viruses, Trojan horses, worms, time bombs,
cancelbots, or other computer programming routines that are intended to damage,
interfere with, surreptitiously intercept or expropriate any system, data, or
personal information; and/or
7. Contain software or use technology that attempts to intercept,
divert or redirect Internet traffic to or from any other website, or that
potentially enables the diversion of Affiliate commissions from another website.
LINKING TO OUR SITE
Upon acceptance into the Program, Links will be made available
to You through the Boba Affiliate Interface.
1. You will only use linking code obtained from the Boba Affiliate
Interface without manipulation.
2. All domains that use Your Affiliate link must be listed in your Affiliate
profile.
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 Boba’s website or any part of Boba’s website
including, without limitation, framing of our website in any manner.
4. You may not engage in cookie stuffing or include pop-ups, 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).
1. Using 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. If you are found redirecting links to
hide or manipulate their original source, your current and past Commissions
will be VOID or your Commission level will be set to 0%.
LINK PLACEMENT
You may place and remove Boba Links on your website and
in acceptable locations.
You may place Boba’s banners anywhere on your website
as you see fit, or use them within non-spam emails.
Any page that contains Boba links, banners, or
code must be written in English.
You cannot SPAM. We will terminate you from the Program on the first
offense of spamming. Do not send email to lists or groups that you do not have
permission to send to.
You may NOT use banners or links in newsgroups, chat rooms, ICQ,
message boards, banner networks, hit farms, counters, or guest books.
You may NOT place any creative in a "Desktop" advertising
scheme. This includes any third party advertising platforms that use a desktop
application to display ads in any form.
You may NOT display a Boba window that isn't the result of a
direct click by the end-user.
Abandoned Affiliate accounts that are left inactive
will be removed from our system if their balance is equal to or less than $25.
An abandoned Affiliate account is defined as: any account that has not been
logged into for a period of 6 months, nor had any transactions during those 6
months.
COUPON
GUIDELINES
Boba may
provide coupon codes from time-to-time. If you are enrolled in our Program and
your Web site promotes coupon codes, you must adhere to our Coupon Guidelines
as follows:
1.
You may ONLY advertise valid coupon codes that are provided to you by
Boba through the Affiliate Program or that are displayed on our website. Valid
codes are defined as codes that are made available to the Program in general,
through newsletters from Boba, to that Affiliate directly/privately or
short term site-wide offers. Coupon codes that are not real, expired, not
specific (E.g. “up to 15% off”) or are long-term site-wide offers that do not
require a code are not considered valid codes and the Affiliate will not be
given Commission on these orders.
2. Posting any information about how to work around any
requirements of a coupon/promotion (E.g. first time customers) will result in
removal from the Program.
3. Coupons must be displayed in their entirety with the full offer,
valid expiration date and code.
4. You may NOT use any technology that
covers up the coupon code and generates the affiliate click by revealing the
code(s).
5. You may NOT advertise coupon codes
obtained from our non-affiliate advertising, customer e-mails, paid search, or
any other campaign.
6. You may NOT give the appearance that
any coupon requires clicking from your website in order to redeem. (E.g., if
all items on the site have free shipping over $100, you may not turn this into
an offer that infers that the customer must click from your site to get this
deal).
7. Cookie Stuffing/Forced Clicks: You must not mislead customers
into clicking on an offer or coupon that does not exist or practice similarly
deceptive tactics that are generally known as "cookie stuffing” or “forced
clicks." These include, but are not limited to:
a.
Using knowingly expired offers or
presenting offers that do not exist or are not Affiliate offers.
b.
Making claims that a user must
click on a link first to activate or receive an offer.
1. Presenting a button that claims to show
all offers that sets the affiliate cookie in the background.
2. Technology that generates a click or sets
the cookie from the action of copying a coupon code or through a pop
under.
Additionally, if your website ranks on the first page
of Google for terms related to our website or uses our company name(s) combined
with the words “coupon”, “coupons”, “coupon code”, “promo code”, etc. and/or
your conversion rate exceeds twenty five percent you may be offered a lower Commission
than our standard rate to offset the reduced profitability of orders.
DOMAIN NAMES
Use of any of our trademarked terms, whether or not such marks
are registered, as part of the domain or sub-domain for your website is
strictly prohibited (i.e. Boba.website.com).
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written
material that makes reference to Our Program without first submitting that
material to Us and receiving Our prior written consent. If You intend to
promote the Program via e-mail campaigns, You must adhere to the following:
1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with
respect to our Program.
2. The e-mail must clearly be sent from You or on Your behalf and
must not imply that the e-mail is being sent on behalf of Boba.
3. Boba must be sent a copy of the e-mail.
SOCIAL MEDIA
Promotion on Your 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 may use your Affiliate links on your own
Facebook, Twitter, etc. pages.
2.
You are PROHIBITED from posting your
Affiliate links on Boba’s Facebook, Twitter, Instagram, etc. company pages in an
attempt to turn those links into Affiliate sales.
PPC RESTRICTIONS
You may not run pay-per-click ads and place bids at Search Engines such as Google/Bing/Yahoo to display Your own ads using our trademarked term “Boba.”
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all
pages, blogposts, or social media posts where Affiliate links for our Program
are posted as an endorsement or review, and where it is not clear that the link
is a paid advertisement. This disclosure statement should be clear and concise,
stating that we are compensating you for your review or endorsement through Affiliate
sales. If you received the product for free from Boba for review, this
also must be clearly stated in your disclosure. We reserve the right to audit all
Affiliate websites without notice for disclosure compliance and to remove an Affiliate
from the Program if we determine you are not in compliance.
1. Disclosures must be made as close as possible to the claims, and
may not appear solely in a "Terms of Use", "Legal",
"About Us" or other linked paged.
2. Disclosures must be made at each instance of a sponsored link. A
single statement on the website or a separate page with your general disclosure
statement is not sufficient.
3. Disclosures should be placed above the fold; scrolling should
not be necessary to find the disclosure (e.g. disclosure should be visible
before the jump).
4. Disclosure policy applies to all social media, even when space
is restricted (e.g. tweets).
5. You must comply with all FTC disclosure requirements, including
but not limited to these the FTC's Dot Com Disclosures Guidelines at ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC's Guides Concerning the Use of Endorsements and
Testimonials in Advertising at ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf and further explained at business.ftc.gov/advertising-and-marketing/endorsements
AFFILIATE
PAYMENT
You will receive a Commission for sending Boba authorized sales via Your Links from ShareASale. You understand that the Commission may be changed at any time. This
information is available to You via the ShareASale platform. Payments
are made automatically on the tenth (10th) day of each month when Your
account balance reaches $50 or more for the previous months' transactions. (i.e.
You will be paid the commission for January on February 10th if the
balance exceeds $50). Commission will be twelve percent (12%) of the product sale
price. No Commission is paid on shipping costs, taxes, free
products/accessories etc. Money credited
to Your Account does not accrue interest. In the event of a VOID by Boba, Boba
may recover from You the corresponding Commission previously credited to Your
Account. The VOID Commission will be immediately deducted from Your Account
balance. In the event that Your Account balance is less than the VOID
Commission, the VOID Commission will be deducted against Your future earnings.
REVERSAL & COMMUNICATION
POLICY
Boba reserves the right to reverse orders due to
order cancellations, duplicate orders, returns, disputed charges, and Program
violations as outlined in these terms and conditions. If we ask You for information on any orders,
You agree to respond in a timely and honest manner. Below are violations of our
communications policy:
1. You are not forthcoming, intentionally vague, or are found to misrepresent
information.
2. You are not responsive within a reasonable time period and after
multiple attempts to contact with information listed in your Affiliate profile.
3. You cannot substantiate or validate the source of your traffic
to our Program with clear and demonstrable proof.
If any of the above applies, we reserve the right to VOID
orders, set your commission to 0% and suspend you from the Program for a period
or with regard to the orders in question, at Our sole discretion. We know that
many violations are a result of automated processes; however it is incumbent
upon each Affiliate to ensure that it has the appropriate checks and balances
in place to pro-actively address these issues and adhere to our Program rules.
ENROLLMENT
To sign up as an Affiliate of the Program you must be at
least 18 (eighteen) years of age, and supply a valid tax ID, which may be a social
security number for individuals, or a federal tax ID for corporations or other
business entities. Please include all of the websites
that You use in your Affiliate profile to help us make a better decision regarding
Your participation in the Program. After receiving your application,
we will review your website and notify you of your acceptance into the Program.
We reserve the right to reject any application; however we encourage you to
contact us if you feel we have made an incorrect decision.
You agree to provide Boba with accurate, complete
and updated Affiliate information. You may not select the name of another
person with the intent to impersonate that person or deceive members or other
users as to Your true identity. You agree that Boba may rely on any data,
notice, instruction or request furnished by You which is reasonably believed by
Boba to be genuine and to have been sent or presented by a person
reasonably believed by Boba to be authorized to act on Your behalf. You
shall notify Boba by e-mail at bethany@boba.com of any known or suspected unauthorized uses of Your
Account, or any known or suspected breach of security, including loss, theft or
unauthorized disclosure of Your username and password. You shall be responsible
for maintaining the confidentiality of Your username and password and You are
responsible for all usage and activity on Your Account, including use of the
account by a third party authorized by You to use Your Account. Any fraudulent,
abusive or otherwise illegal activity may be grounds for termination from the
Program and referral to the appropriate law enforcement agencies.
CHANGES TO THE PROGRAM
Boba reserves the right to change, modify, add or remove portions of this
Agreement at any time and may add to, change, suspend or discontinue any aspect
of the Program at any time. In the event of any material change, Boba will
notify You in writing. You may either agree to such changes or withdraw from
the Program.
LIMITED
WARRANTY
BOBA DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, IN RELATION
TO THE PROGRAM, ITS USE AND THE RESULTS OF SUCH USE. BOBA SHALL HAVE NO
LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF
ANY WEBSITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR
PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. BOBA SHALL HAVE NO
LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES EVEN IF BOBA HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF BOBA
HEREUNDER SHALL BE LIMITED TO THE COMMISSION PAID AFFILIATE AS A DIRECT RESULT
OF THIS AGREEMENT.
LIMITATION OF
LIABILITY
BOBA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR: (I) ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF
THE USE OF OR INABILITY TO PARTICIPATE IN BOBA’S AFFILIATE PROGRAM OR ANY INFORMATION PROVIDED
ON BOBA WEB SITE(S) OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BOBA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR, (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB
SITE. BOBA’S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that Boba, although the provider of the
Program, has no responsibility or liability as a result of Your placement of
authorized Links from Your Web site, and You agree to indemnify, defend, and
hold harmless Boba and its affiliates, officers, directors, employees and
agents from and against any and all liability, claims, losses, damages,
injuries or expenses (including reasonable attorneys' fees) directly or
indirectly arising from or relating to any offer or any other matter related to
this Agreement or the subject matter hereof and any dispute relating thereto.
NON-DISCLOSURE
Boba acknowledges that in the
course of this Agreement it may have access to confidential and proprietary
information ("Confidential Information") of Your company. Boba agrees
not to disclose or disseminate the Confidential Information without Your prior
express written consent. The term "Confidential Information" shall
not include information that is or becomes part of the public domain through no
action or omission of Boba, that becomes available to Boba from third
parties without knowledge by Boba of any breach of fiduciary duty, that Boba
had in its possession prior to the date of this Agreement, or that is entered
by a customer to create a sales order once they have used the Affiliate Link to
reach our website (this includes any personal identifying information and
payment information). Boba reserves
the right to be able to utilize all sales data in the aggregate to analyze Program
trends and perform such other analysis as Boba deems appropriate; and
pursuant to the terms of this section, shall keep any personal identifying
information confidential.
OWNERSHIP AND
LICENSES
You the Affiliate, are granted a non-exclusive, limited, revocable right to use
Boba-provided trademarks, banners, content and images (“Boba IP”) for
sole the purpose of participating in the Program. All Boba IP provided is for
Your use in the Program only and is and shall remain the sole property of the Boba,
and no part thereof shall be deemed assigned or licensed to You except as
explicitly provided for herein. All intellectual property rights, including
trademarks, copyrights, patent rights or applications, tradenames and service marks
related to the foregoing shall remain the Boba’s sole property, including
rights in and to any derivatives thereof. You may not modify the Boba IP
provided to You in any way.
Boba may immediately terminate Your license to
use the Boba IP if Boba believes that such use dilutes, tarnishes or
blurs the value of their marks. You acknowledge that Your use of the Boba
IP will not create in You, nor will You represent that You have, any right,
title or interest in or to the Boba IP other than the license granted by Boba
herein. You will not challenge the validity of, or attempt to register any of
the Boba IP or Your interest therein as a licensee, nor will You adopt any
derivative or confusingly similar names, brands or marks or create any
combination marks with the marks. You acknowledge Boba’s ownership and
exclusive right to use the Boba IP and agree that all goodwill arising as
a result of the use of the marks shall inure to the benefit of Boba.
REPRESENTATIONS
Boba makes no representations
whatsoever about any other Web site which You may access through the Program.
In addition, a link to a non-Boba website through the Boba website does
not mean that Boba endorses or accepts any responsibility for the content
or the use of such website.
NONASSIGNABILITY
Affiliate may not assign this Agreement to any successor or affiliate.
FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in
the performance of its obligations hereunder on account of strikes, shortages,
riots, insurrection, fires, flood, storm, explosions, acts of God, war,
governmental action, labor conditions, earthquakes or any other cause which is
beyond the reasonable control of such party.
JURISDICTIONAL
ISSUES
This Agreement shall be governed by Wyoming, USA law (except for conflict of
law provisions). The exclusive forum for any actions brought in connection with
this Agreement shall be in the state and federal courts in and for the State of
Wyoming, USA and You consent to such jurisdiction.
MISCELLANEOUS
This Agreement represents the complete agreement concerning this license and
may be amended only by a writing executed by both parties. If any provision of
this Agreement is held to be unenforceable, such provision shall be reformed
only to the extent necessary to make it enforceable.