Silk and Sonder, Inc.
Program Terms
Silk + Sonder Affiliate Program Terms
Please read these Silk and Sonder Affiliate Program Terms (the “Terms”) carefully before you join the Silk and Sonder Affiliate Program (“Program”) or otherwise begin engaging in marketing activities on our behalf. By clicking “Accept” or otherwise applying for the Program or beginning to engage in marketing activities on our behalf, you (a) agree to abide by these Terms (including our Privacy Policy) if you are accepted into the Program; (b) acknowledge and agree that these Terms constitute a legally binding agreement between us and you upon your acceptance into the Program; (c ) represent and warrant that you are lawfully able to enter into these Terms either on your own behalf or on behalf of your company, as applicable; and (d) acknowledge and agree that you are and will remain in compliance with and will be responsible for ensuring any of your employees, agents and contractors comply with these Terms. By participating in the Program you are agreeing to these Terms. If you do not agree with these Terms, you should not apply to and/or participate in the Program.
Your use of, and participation in, the Program may be subject to additional terms ("Supplemental Terms"), and such Supplemental Terms will either be listed in these Terms or will be otherwise presented to you for your acceptance. The Supplemental Terms shall be governed by these Terms. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control.
Our Privacy Policy, at https://silkandsonder.com/pages/privacy-policy (the “Privacy Policy”), describes the collection, use and disclosure of data and information (including location and usage data) by Silk and Sonder in connection with the Program. The Privacy Policy, as may be updated by us from time to time in accordance with its terms, is hereby incorporated into these Terms, and you hereby agree to the collection, use and disclose practices set forth therein.
If you breach these Terms or any other agreement between yourself and Silk and Sonder, you may be removed from the Program immediately and/or permanently, without prior notice and at Silk and Sonder’s sole discretion. Silk and Sonder also reserves the right to withhold or cancel any and all commissions for orders not in compliance with these Terms.
Silk and Sonder reserves the right, at any time and for any reason, to (i) modify or discontinue the Program; and (ii) modify these Terms (such modifications, “Changes”). Changes will be effective: (i) thirty (30) days after we provide notice of the Changes; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first. If you do not want to agree to any Changes, your sole remedy is to terminate these Terms by written notice sent to Silk and Sonder at: partnerships@silkandsonder.com.
DEFINITIONS
As used in these Terms:
“Silk and Sonder ”, “we”, “us” and “our” refers to Silk and Sonder, Inc. and its affiliate companies.
“you”, “your” refers to the person accepting these terms, or, if such person is accepting the terms on behalf of an entity, such entity.
“Our Website” refers to www.silkandsonder.com, the pages therein, any other Silk and Sonder website that may be hosted on a different web domain and any Silk and Sonder mobile device applications.
“Your Material” refers to your website, web pages, social media profiles, email channels, app or other online services provided by you and approved by Silk and Sonder that you control and that do or will link to Our Website.
ENROLLMENT
After receiving your application, we will review Your Material and notify you of your acceptance or rejection into the Program. Please allow at least two business days for your application to be reviewed. We reserve the right to reject any application; however, we encourage you to contact us if you feel we have made an incorrect decision. Including all of Your Material, including without limitation your social media profiles, in your application will help us make a good decision. You may not operate more than one account in the Program without prior approval.
Silk and Sonder reserves the right to refuse entry into the Program based on Your Material. Your Material that does not qualify for the Program include Your Material which:
Promotes sexually explicit materials
Promotes violence
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promotes illegal activities
List coupon codes or discounts that were not officially provided or approved by Silk and Sonder. You may not promote coupon codes you found elsewhere.
Infringes, violates or assists others to infringe or violate any copyright, trademark, or other intellectual property rights of Silk and Sonder or any third party.
Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
WEBSITE RESTRICTIONS
Your Material may not, and you represent, warrant and covenant to us that Your Material will not:
Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights;
Violate any law, rule or regulation;
Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials;
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;
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, including toolbars, browser plug-ins, extensions and add-ons;
Include the words “Silk and Sonder” or any other Silk and Sonder trademark in your domain name;
Include links to any illegal audio/video download sites; or
Include links in eBooks or PDFs without prior approval.
COMMISSION ON SALE:
You agree to the commission based on agreed upon program terms in Silk and Sonder’s affiliate network website, which you may find after logging in at www.shareasale.com (“Program Site”). Silk and Sonder reserves the right to withhold or cancel any and all compensation for transactions not in compliance with these Terms
LINKING TO OUR WEBSITE:
Upon acceptance into the Program, links will be made available to you through the affiliate network interface on ShareASale. Your acceptance in our program means you agree to these Terms, including the following:
You will only use linking code obtained from the affiliate interface without manipulation. You MAY shorten the exact code provided in the affiliate interface through url shortener services.
All domains that use your affiliate link must be listed in your affiliate profile.
Your website will not in any way copy, resemble or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website including, without limitation, framing our website in any manner.
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).
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.
You are solely permitted to use the link made available by Silk and Sonder and in accordance with the guidelines and policies provided to you by Silk and Sonder from time to time. If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
REFERRAL PROGRAM
You may not create Program tracking that also contains a tracking link for the Silk and Sonder Referral Program. You are permitted to participate in either the Program or the Referral Program, but not both. You may not get credit from both the Program and the Referral Program for the same order. “Referral Program” means any program offered by or on behalf of Silk and Sonder from time to time which permits the referrer to receive cash or credit in exchange for referring customers to Silk and Sonder.
ONLINE ADVERTISING GUIDELINES:
If you are enrolled in our Program and participate in online advertising, such as Google AdWords or Facebook, you must adhere to our Online Advertising Guidelines by not doing any of the following without Silk and Sonder’s prior written consent:
Bidding on the Silk and Sonder brand or any variation thereof in search engine or social media advertising, such as Google AdWords, Facebook, Instagram, or Yahoo/Bing, including, but not restricted to, our domain name, our company name and our trademarks or registered urls, including any variations, abbreviations, or misspellings) of Silk and Sonder .
You may not use our trademarked or brand terms or any variation thereof in sequence with any other keyword (e.g. Silk and Sonder Coupons), including any misspellings.
You may not use our trademarked terms or any variation thereof in your ad title, ad copy, display name, ad extensions or as the display url nor may you CLOAK or MASK these URL’s in online advertising campaigns.
You may not direct link to our website from any online ad or use redirects that yield the same result (a.k.a. URL hijacking). Users must be directed to an actual page on your website.
You may not use the same tone, text, or images as our current or past ads. All paid ads need to have a different look and feel than Silk and Sonder‘s current or past ads and you may not use the word “official” in connection with the Silk and Sonder owned property’s name in domain names, search ads, or on landing pages.
If you automate your online advertising campaigns, it is your responsibility to exclude our trademarked, brand and misspelled terms from your program and we strongly suggest you add our trademarked, brand and misspelled terms as negative keywords. We have a strict no tolerance policy on online advertising trademark bidding. If you are unsure whether a term is trademarked, brand or misspelled, it is your responsibility to reach out to us to find out. If you are an Affiliate, please email partnerships@silkandsonder.com. You will forfeit all commissions for a minimum of 30 days and your commission will be set to 0% without warning if you engage in online advertising trademark bidding that uses our trademarked, brand, misspelled terms or any variation of the foregoing without prior written consent.
COUPON GUIDELINES:
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
You may ONLY advertise coupon codes that are provided to you through the Program.
Posting any information about how to work around the requirements of a coupon/promotion (i.e., the requirement that a person be a first-time client) will result in removal from the Program.
Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
You may NOT advertise coupon codes that are either not intended for your use or which you did not obtain through our Program Site, including coupon codes from our marketing emails, paid search or any other non-affiliate advertising campaigns, unless the codes are also provided in our affiliate marketing channel.
You may NOT give the appearance that any ongoing Silk and Sonder promotional offer requires clicking from your website in order to redeem. For example, buying an order results in free shipping at checkout for all customers, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
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:
Using knowingly expired offers or presenting offers that do not exist or are not affiliate offers.
Making claims that a user must click on a link first to activate or receive an offer.
Presenting a button that claims to show all offers that sets the affiliate cookie in the background.
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 company name combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 0.20%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.
COUPON ATTRIBUTION & AUTHENTICATION:
If your primary business is posting coupons, or we deem you as being a coupon site and/or who are tagged as such in our system, you will not be paid commission for any sales generated without a corresponding valid coupon promotion or code. Valid promotions and codes are defined as those that are made available to the affiliate channel in general, through newsletters or the coupon inclusion list on Silk and Sonder, to that affiliate directly/privately. Coupon codes that are not real, expired, or not made available to the affiliate are not considered valid codes and the affiliate will not be given commission on these orders. These orders will be cancelled zeroing out commissions for improper use.
SUB-AFFILIATE NETWORKS:
Promoting Silk and Sonder through a sub-affiliate network is permitted; however, Silk and Sonder must be able to exclude some sub-affiliate partnership types (e.g. loyalty sites) and you must be transparent regarding where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Silk and Sonder program adhere to these Terms. This includes restrictions on advertising through toolbars, browser extension, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the Silk and Sonder Program.
Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commissions from sales made through any sub-affiliate that does not comply with our program terms.
DOMAIN NAMES:
Use of any of any of our trademarked terms or any variation thereof including our subsidiaries as part of the domain or sub-domain for your website is strictly prohibited (e.g. www.silkansonder.website.com or www.silkandsonder.com).
EMAIL ADVERTISING & PUBLICITY:
You will not issue any press release or create any marketing material that states or implies that you are a “partner” with Silk and Sonder or have any relationship other than as a member of our affiliate or influencer programs. If you intend to promote our Program via e-mail campaigns, you must:
Abide by the CAN-SPAM Act (Public Law No. 108-187) with respect to our Program, including a working unsubscribe link in every email;
Send e-mail on your own behalf and not imply that the e-mail is sent on behalf of Silk and Sonder;
Send copies of all emails to partnerships@silkandsonder.com.
For more information about CAN-SPAM please review https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business.
Without limiting the foregoing, Silk and Sonder considers the following “spam,” and you may not engage in any such activities, either directly or indirectly:
Any activities that Silk and Sonder considers, in its sole discretion, to be an abuse of internet functionalities or services, in violation of applicable terms of service, or in violation of applicable laws, rules or regulations;
Email messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
Messages posted to forums, Twitter, Facebook, message boards or the like that are off-topic, cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules or terms.
Content posted on websites or web services for the sole purpose of keyword spamming, or comments posted to websites that violate the policies or terms of the website or web service.
Solicitations posted to chat rooms, or to groups or individuals via messaging services;
Off-line activities analogous to the foregoing, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
Upon becoming aware of a potential violation of this Section, Silk and Sonder may investigate the complaint, and if necessary, may then terminate your account(s) at its sole discretion and with or without prior notice.
To report a violation of the Silk and Sonder Anti-Spam Policy, please contact us at partnerships@silkandsonder.com.
SOCIAL MEDIA:
Promotion on Facebook, Twitter, Twitch, YouTube and other social media platforms is permitted following these general guidelines:
You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Instagram, YouTube, Twitch, Twitter and Pinterest pages, among other platforms.
You ARE PROHIBITED from posting your affiliate links on Silk and Sonder’s Facebook, Instagram, YouTube, Twitter, and other company social media pages in an attempt to turn those links into affiliate sales.
You ARE PROHIBITED from running any social media ads such as Facebook, Twitter, Instagram or Pinterest with Silk and Sonder’s company name or other trademarks without written approval.
You ARE PROHIBITED from creating social media accounts, pages, or posts that in any way copy, resemble, represent, or mirror the look and feel of our social media accounts, pages, or posts. You will also not use any means to create the impression that your accounts, pages, or posts are Silk and Sonder’s accounts, pages or posts.
OPERATIONS OUTSIDE UNITED STATES:
If you are conducting business in or taking orders from persons in other countries, you will follow the laws, rules and regulations of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive and the General Data Protection Regulation if you are conducting business in or taking orders from persons in one or more of the European Union countries.
FTC ENDORSEMENT GUIDELINES DISCLOSURE REQUIREMENTS:
If you are compensated by Silk and Sonder in any way for a post (including with cash, credit, discounts, product, contest entries, and so on), you must comply with all applicable FTC laws, rules and regulations, including by clearly and conspicuously disclose such compensation. This applies across all media channels. For example, on Instagram, Twitter, Facebook, Twitch, or YouTube, if you are promoting Silk and Sonder, or showing product that was given to you by Silk and Sonder, you must include #SilkandSonder, or #ad prominently in your caption, before any “break” in the text that is shown to viewers of your content, or otherwise conspicuously indicate that you were or may be compensated by Silk and Sonder. For more information about FTC guidelines, please review https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf.
REVERSAL & COMMUNICATION POLICY:
Silk and Sonder reserves the right to reverse orders (compensation) due to order cancellations, duplicate tracking, disputed charges, returns and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
You are not forthcoming, intentionally vague or are found to be lying.
You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. 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 proactively address these issues and adhere to our program rules.
USER COMMUNICATIONS:
Under these Terms, you consent to receive communications from Silk and Sonder electronically. You agree that all agreements, notices, disclosures, and other communications that Silk and Sonder provides to you electronically satisfy any legal requirement that such communications be in writing.
CONTENT RIGHTS
Affiliate grants Silk + Sonder a worldwide, irrevocable, royalty-free, fully paid-up, transferrable, sub-licensable and perpetual right and license to reproduce, publish, distribute, display, repost, share and edit all Content created for or on behalf of Silk + Sonder in any and all media now known or developed in the future, including the right to create derivative works; which includes but is not limited to:
Posting to social media platforms
Paid support of social media posts
Publishing to Silk + Sonder's websites
Use in Silk + Sonder's digital, email or text message communications
Use in online advertising within social media platforms
Use in general online advertising (i.e., search, websites, digital, etc.)
NOTICE:
Notices to Silk and Sonder must be sent to [address]. Such notices must be sent via internationally recognized overnight courier and are deemed given when received. Notices to you may be sent to the email address associated with your account and are deemed given when sent.
VIOLATIONS; TERMINATION:
You agree that Silk and Sonder, in its sole discretion and for any or no reason, may terminate your Program account, and remove and discard all or any part of your Program account at any time. You agree that any termination of your access to your Program account or portion thereof may be effected without prior notice, and you agree that Silk and Sonder shall not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your activities under these Terms may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Silk and Sonder may have at law or in equity.
DISCLAIMER; INDEMNIFICATION:
SILK AND SONDER MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR YOUR POTENTIAL TO EARN INCOME FROM THE PROGRAM. IN ADDITION, SILK AND SONDER MAKES NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE OR SERVICES OR THE AFFILIATE LINKS WILL BE UNINTERRUPTED OR ERROR-FREE, AND SILK AND SONDER WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
You agree to indemnify and hold Silk and Sonder and its affiliated companies, and each of their directors, officers, employees, contractors, suppliers and partners (“Silk and Sonder Parties”), harmless from any claims, losses, damages, liabilities, costs and expenses, including attorney’s fees, arising out of or relating to your breach of these Terms (or any representations or warranties herein) or violation of the rights of any other person or entity, except solely to the extent any of the foregoing arise out of the willful misconduct or gross negligence of Silk and Sonder. Silk and Sonder reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Silk and Sonder and you agree to cooperate with Silk and Sonder’s defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE SILK AND SONDER PARTIES BE LIABLE TO AFFILIATE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF, RELATE TO OR RESULT FROM THESE TERMS OR THE PROGRAM, EVEN IF SILK AND SONDER OR A SILK AND SONDER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SILK AND SONDER’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE SILK AND SONDER PARTIES’ TOTAL COLLECTIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM EXCEED THE AMOUNT SILK AND SONDER HAS PAID OR UNDISPUTEDLY OWES YOU UNDER THESE TERMS IN THE SIX (6) MONTHS PRECEDING THE EVENTS THAT GAVE RISE TO THE APPLICABLE CLAIMS OR FIFTY (50) U.S. DOLLARS, WHICHEVER IS GREATER.
MISCELLANEOUS:
No Agency. You are not and shall not be deemed to be an employee, joint venturer, partner, or franchisee of Silk and Sonder for any purpose whatsoever, and your sole authority to make any representation on Silk and Sonder’s behalf if limited to your use of Program assets in accordance with this Agreement. You shall be exclusively responsible for the manner in which you perform your duties under these Terms. Neither you nor your employees are or shall be an employee or agent of Silk and Sonder. You do not have, and shall not represent yourself as having, any right or authority to obligate or bind Silk and Sonder in any manner whatsoever.
Governing Law; Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms shall be filed only in the state or federal courts in and for San Francisco, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding anything to the contrary, Silk and Sonder may apply to any court of competent jurisdiction for injunctive or other equitable relief.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Silk and Sonder without restriction.
Survival. The following sections will survive any termination of these Terms: Definitions, Website Restrictions, Domain Names, User Communications, Notice, Violations; Termination, Disclaimer; Indemnification, Limitation of Liability and Damages and Miscellaneous.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Questions about the Silk and Sonder Program?
Contact our Affiliate Team at partnerships@silkandsonder.com.
Please read these Silk and Sonder Affiliate Program Terms (the “Terms”) carefully before you join the Silk and Sonder Affiliate Program (“Program”) or otherwise begin engaging in marketing activities on our behalf. By clicking “Accept” or otherwise applying for the Program or beginning to engage in marketing activities on our behalf, you (a) agree to abide by these Terms (including our Privacy Policy) if you are accepted into the Program; (b) acknowledge and agree that these Terms constitute a legally binding agreement between us and you upon your acceptance into the Program; (c ) represent and warrant that you are lawfully able to enter into these Terms either on your own behalf or on behalf of your company, as applicable; and (d) acknowledge and agree that you are and will remain in compliance with and will be responsible for ensuring any of your employees, agents and contractors comply with these Terms. By participating in the Program you are agreeing to these Terms. If you do not agree with these Terms, you should not apply to and/or participate in the Program.
Your use of, and participation in, the Program may be subject to additional terms ("Supplemental Terms"), and such Supplemental Terms will either be listed in these Terms or will be otherwise presented to you for your acceptance. The Supplemental Terms shall be governed by these Terms. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control.
Our Privacy Policy, at https://silkandsonder.com/pages/privacy-policy (the “Privacy Policy”), describes the collection, use and disclosure of data and information (including location and usage data) by Silk and Sonder in connection with the Program. The Privacy Policy, as may be updated by us from time to time in accordance with its terms, is hereby incorporated into these Terms, and you hereby agree to the collection, use and disclose practices set forth therein.
If you breach these Terms or any other agreement between yourself and Silk and Sonder, you may be removed from the Program immediately and/or permanently, without prior notice and at Silk and Sonder’s sole discretion. Silk and Sonder also reserves the right to withhold or cancel any and all commissions for orders not in compliance with these Terms.
Silk and Sonder reserves the right, at any time and for any reason, to (i) modify or discontinue the Program; and (ii) modify these Terms (such modifications, “Changes”). Changes will be effective: (i) thirty (30) days after we provide notice of the Changes; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first. If you do not want to agree to any Changes, your sole remedy is to terminate these Terms by written notice sent to Silk and Sonder at: partnerships@silkandsonder.com.
DEFINITIONS
As used in these Terms:
“Silk and Sonder ”, “we”, “us” and “our” refers to Silk and Sonder, Inc. and its affiliate companies.
“you”, “your” refers to the person accepting these terms, or, if such person is accepting the terms on behalf of an entity, such entity.
“Our Website” refers to www.silkandsonder.com, the pages therein, any other Silk and Sonder website that may be hosted on a different web domain and any Silk and Sonder mobile device applications.
“Your Material” refers to your website, web pages, social media profiles, email channels, app or other online services provided by you and approved by Silk and Sonder that you control and that do or will link to Our Website.
ENROLLMENT
After receiving your application, we will review Your Material and notify you of your acceptance or rejection into the Program. Please allow at least two business days for your application to be reviewed. We reserve the right to reject any application; however, we encourage you to contact us if you feel we have made an incorrect decision. Including all of Your Material, including without limitation your social media profiles, in your application will help us make a good decision. You may not operate more than one account in the Program without prior approval.
Silk and Sonder reserves the right to refuse entry into the Program based on Your Material. Your Material that does not qualify for the Program include Your Material which:
Promotes sexually explicit materials
Promotes violence
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promotes illegal activities
List coupon codes or discounts that were not officially provided or approved by Silk and Sonder. You may not promote coupon codes you found elsewhere.
Infringes, violates or assists others to infringe or violate any copyright, trademark, or other intellectual property rights of Silk and Sonder or any third party.
Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
WEBSITE RESTRICTIONS
Your Material may not, and you represent, warrant and covenant to us that Your Material will not:
Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights;
Violate any law, rule or regulation;
Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials;
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;
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, including toolbars, browser plug-ins, extensions and add-ons;
Include the words “Silk and Sonder” or any other Silk and Sonder trademark in your domain name;
Include links to any illegal audio/video download sites; or
Include links in eBooks or PDFs without prior approval.
COMMISSION ON SALE:
You agree to the commission based on agreed upon program terms in Silk and Sonder’s affiliate network website, which you may find after logging in at www.shareasale.com (“Program Site”). Silk and Sonder reserves the right to withhold or cancel any and all compensation for transactions not in compliance with these Terms
LINKING TO OUR WEBSITE:
Upon acceptance into the Program, links will be made available to you through the affiliate network interface on ShareASale. Your acceptance in our program means you agree to these Terms, including the following:
You will only use linking code obtained from the affiliate interface without manipulation. You MAY shorten the exact code provided in the affiliate interface through url shortener services.
All domains that use your affiliate link must be listed in your affiliate profile.
Your website will not in any way copy, resemble or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website including, without limitation, framing our website in any manner.
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).
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.
You are solely permitted to use the link made available by Silk and Sonder and in accordance with the guidelines and policies provided to you by Silk and Sonder from time to time. If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
REFERRAL PROGRAM
You may not create Program tracking that also contains a tracking link for the Silk and Sonder Referral Program. You are permitted to participate in either the Program or the Referral Program, but not both. You may not get credit from both the Program and the Referral Program for the same order. “Referral Program” means any program offered by or on behalf of Silk and Sonder from time to time which permits the referrer to receive cash or credit in exchange for referring customers to Silk and Sonder.
ONLINE ADVERTISING GUIDELINES:
If you are enrolled in our Program and participate in online advertising, such as Google AdWords or Facebook, you must adhere to our Online Advertising Guidelines by not doing any of the following without Silk and Sonder’s prior written consent:
Bidding on the Silk and Sonder brand or any variation thereof in search engine or social media advertising, such as Google AdWords, Facebook, Instagram, or Yahoo/Bing, including, but not restricted to, our domain name, our company name and our trademarks or registered urls, including any variations, abbreviations, or misspellings) of Silk and Sonder .
You may not use our trademarked or brand terms or any variation thereof in sequence with any other keyword (e.g. Silk and Sonder Coupons), including any misspellings.
You may not use our trademarked terms or any variation thereof in your ad title, ad copy, display name, ad extensions or as the display url nor may you CLOAK or MASK these URL’s in online advertising campaigns.
You may not direct link to our website from any online ad or use redirects that yield the same result (a.k.a. URL hijacking). Users must be directed to an actual page on your website.
You may not use the same tone, text, or images as our current or past ads. All paid ads need to have a different look and feel than Silk and Sonder‘s current or past ads and you may not use the word “official” in connection with the Silk and Sonder owned property’s name in domain names, search ads, or on landing pages.
If you automate your online advertising campaigns, it is your responsibility to exclude our trademarked, brand and misspelled terms from your program and we strongly suggest you add our trademarked, brand and misspelled terms as negative keywords. We have a strict no tolerance policy on online advertising trademark bidding. If you are unsure whether a term is trademarked, brand or misspelled, it is your responsibility to reach out to us to find out. If you are an Affiliate, please email partnerships@silkandsonder.com. You will forfeit all commissions for a minimum of 30 days and your commission will be set to 0% without warning if you engage in online advertising trademark bidding that uses our trademarked, brand, misspelled terms or any variation of the foregoing without prior written consent.
COUPON GUIDELINES:
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
You may ONLY advertise coupon codes that are provided to you through the Program.
Posting any information about how to work around the requirements of a coupon/promotion (i.e., the requirement that a person be a first-time client) will result in removal from the Program.
Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
You may NOT advertise coupon codes that are either not intended for your use or which you did not obtain through our Program Site, including coupon codes from our marketing emails, paid search or any other non-affiliate advertising campaigns, unless the codes are also provided in our affiliate marketing channel.
You may NOT give the appearance that any ongoing Silk and Sonder promotional offer requires clicking from your website in order to redeem. For example, buying an order results in free shipping at checkout for all customers, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
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:
Using knowingly expired offers or presenting offers that do not exist or are not affiliate offers.
Making claims that a user must click on a link first to activate or receive an offer.
Presenting a button that claims to show all offers that sets the affiliate cookie in the background.
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 company name combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 0.20%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.
COUPON ATTRIBUTION & AUTHENTICATION:
If your primary business is posting coupons, or we deem you as being a coupon site and/or who are tagged as such in our system, you will not be paid commission for any sales generated without a corresponding valid coupon promotion or code. Valid promotions and codes are defined as those that are made available to the affiliate channel in general, through newsletters or the coupon inclusion list on Silk and Sonder, to that affiliate directly/privately. Coupon codes that are not real, expired, or not made available to the affiliate are not considered valid codes and the affiliate will not be given commission on these orders. These orders will be cancelled zeroing out commissions for improper use.
SUB-AFFILIATE NETWORKS:
Promoting Silk and Sonder through a sub-affiliate network is permitted; however, Silk and Sonder must be able to exclude some sub-affiliate partnership types (e.g. loyalty sites) and you must be transparent regarding where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Silk and Sonder program adhere to these Terms. This includes restrictions on advertising through toolbars, browser extension, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the Silk and Sonder Program.
Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commissions from sales made through any sub-affiliate that does not comply with our program terms.
DOMAIN NAMES:
Use of any of any of our trademarked terms or any variation thereof including our subsidiaries as part of the domain or sub-domain for your website is strictly prohibited (e.g. www.silkansonder.website.com or www.silkandsonder.com).
EMAIL ADVERTISING & PUBLICITY:
You will not issue any press release or create any marketing material that states or implies that you are a “partner” with Silk and Sonder or have any relationship other than as a member of our affiliate or influencer programs. If you intend to promote our Program via e-mail campaigns, you must:
Abide by the CAN-SPAM Act (Public Law No. 108-187) with respect to our Program, including a working unsubscribe link in every email;
Send e-mail on your own behalf and not imply that the e-mail is sent on behalf of Silk and Sonder;
Send copies of all emails to partnerships@silkandsonder.com.
For more information about CAN-SPAM please review https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business.
Without limiting the foregoing, Silk and Sonder considers the following “spam,” and you may not engage in any such activities, either directly or indirectly:
Any activities that Silk and Sonder considers, in its sole discretion, to be an abuse of internet functionalities or services, in violation of applicable terms of service, or in violation of applicable laws, rules or regulations;
Email messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
Messages posted to forums, Twitter, Facebook, message boards or the like that are off-topic, cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules or terms.
Content posted on websites or web services for the sole purpose of keyword spamming, or comments posted to websites that violate the policies or terms of the website or web service.
Solicitations posted to chat rooms, or to groups or individuals via messaging services;
Off-line activities analogous to the foregoing, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
Upon becoming aware of a potential violation of this Section, Silk and Sonder may investigate the complaint, and if necessary, may then terminate your account(s) at its sole discretion and with or without prior notice.
To report a violation of the Silk and Sonder Anti-Spam Policy, please contact us at partnerships@silkandsonder.com.
SOCIAL MEDIA:
Promotion on Facebook, Twitter, Twitch, YouTube and other social media platforms is permitted following these general guidelines:
You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Instagram, YouTube, Twitch, Twitter and Pinterest pages, among other platforms.
You ARE PROHIBITED from posting your affiliate links on Silk and Sonder’s Facebook, Instagram, YouTube, Twitter, and other company social media pages in an attempt to turn those links into affiliate sales.
You ARE PROHIBITED from running any social media ads such as Facebook, Twitter, Instagram or Pinterest with Silk and Sonder’s company name or other trademarks without written approval.
You ARE PROHIBITED from creating social media accounts, pages, or posts that in any way copy, resemble, represent, or mirror the look and feel of our social media accounts, pages, or posts. You will also not use any means to create the impression that your accounts, pages, or posts are Silk and Sonder’s accounts, pages or posts.
OPERATIONS OUTSIDE UNITED STATES:
If you are conducting business in or taking orders from persons in other countries, you will follow the laws, rules and regulations of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive and the General Data Protection Regulation if you are conducting business in or taking orders from persons in one or more of the European Union countries.
FTC ENDORSEMENT GUIDELINES DISCLOSURE REQUIREMENTS:
If you are compensated by Silk and Sonder in any way for a post (including with cash, credit, discounts, product, contest entries, and so on), you must comply with all applicable FTC laws, rules and regulations, including by clearly and conspicuously disclose such compensation. This applies across all media channels. For example, on Instagram, Twitter, Facebook, Twitch, or YouTube, if you are promoting Silk and Sonder, or showing product that was given to you by Silk and Sonder, you must include #SilkandSonder, or #ad prominently in your caption, before any “break” in the text that is shown to viewers of your content, or otherwise conspicuously indicate that you were or may be compensated by Silk and Sonder. For more information about FTC guidelines, please review https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf.
REVERSAL & COMMUNICATION POLICY:
Silk and Sonder reserves the right to reverse orders (compensation) due to order cancellations, duplicate tracking, disputed charges, returns and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
You are not forthcoming, intentionally vague or are found to be lying.
You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. 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 proactively address these issues and adhere to our program rules.
USER COMMUNICATIONS:
Under these Terms, you consent to receive communications from Silk and Sonder electronically. You agree that all agreements, notices, disclosures, and other communications that Silk and Sonder provides to you electronically satisfy any legal requirement that such communications be in writing.
CONTENT RIGHTS
Affiliate grants Silk + Sonder a worldwide, irrevocable, royalty-free, fully paid-up, transferrable, sub-licensable and perpetual right and license to reproduce, publish, distribute, display, repost, share and edit all Content created for or on behalf of Silk + Sonder in any and all media now known or developed in the future, including the right to create derivative works; which includes but is not limited to:
Posting to social media platforms
Paid support of social media posts
Publishing to Silk + Sonder's websites
Use in Silk + Sonder's digital, email or text message communications
Use in online advertising within social media platforms
Use in general online advertising (i.e., search, websites, digital, etc.)
NOTICE:
Notices to Silk and Sonder must be sent to [address]. Such notices must be sent via internationally recognized overnight courier and are deemed given when received. Notices to you may be sent to the email address associated with your account and are deemed given when sent.
VIOLATIONS; TERMINATION:
You agree that Silk and Sonder, in its sole discretion and for any or no reason, may terminate your Program account, and remove and discard all or any part of your Program account at any time. You agree that any termination of your access to your Program account or portion thereof may be effected without prior notice, and you agree that Silk and Sonder shall not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your activities under these Terms may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Silk and Sonder may have at law or in equity.
DISCLAIMER; INDEMNIFICATION:
SILK AND SONDER MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR YOUR POTENTIAL TO EARN INCOME FROM THE PROGRAM. IN ADDITION, SILK AND SONDER MAKES NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE OR SERVICES OR THE AFFILIATE LINKS WILL BE UNINTERRUPTED OR ERROR-FREE, AND SILK AND SONDER WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
You agree to indemnify and hold Silk and Sonder and its affiliated companies, and each of their directors, officers, employees, contractors, suppliers and partners (“Silk and Sonder Parties”), harmless from any claims, losses, damages, liabilities, costs and expenses, including attorney’s fees, arising out of or relating to your breach of these Terms (or any representations or warranties herein) or violation of the rights of any other person or entity, except solely to the extent any of the foregoing arise out of the willful misconduct or gross negligence of Silk and Sonder. Silk and Sonder reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Silk and Sonder and you agree to cooperate with Silk and Sonder’s defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE SILK AND SONDER PARTIES BE LIABLE TO AFFILIATE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF, RELATE TO OR RESULT FROM THESE TERMS OR THE PROGRAM, EVEN IF SILK AND SONDER OR A SILK AND SONDER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SILK AND SONDER’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE SILK AND SONDER PARTIES’ TOTAL COLLECTIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM EXCEED THE AMOUNT SILK AND SONDER HAS PAID OR UNDISPUTEDLY OWES YOU UNDER THESE TERMS IN THE SIX (6) MONTHS PRECEDING THE EVENTS THAT GAVE RISE TO THE APPLICABLE CLAIMS OR FIFTY (50) U.S. DOLLARS, WHICHEVER IS GREATER.
MISCELLANEOUS:
No Agency. You are not and shall not be deemed to be an employee, joint venturer, partner, or franchisee of Silk and Sonder for any purpose whatsoever, and your sole authority to make any representation on Silk and Sonder’s behalf if limited to your use of Program assets in accordance with this Agreement. You shall be exclusively responsible for the manner in which you perform your duties under these Terms. Neither you nor your employees are or shall be an employee or agent of Silk and Sonder. You do not have, and shall not represent yourself as having, any right or authority to obligate or bind Silk and Sonder in any manner whatsoever.
Governing Law; Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms shall be filed only in the state or federal courts in and for San Francisco, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding anything to the contrary, Silk and Sonder may apply to any court of competent jurisdiction for injunctive or other equitable relief.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Silk and Sonder without restriction.
Survival. The following sections will survive any termination of these Terms: Definitions, Website Restrictions, Domain Names, User Communications, Notice, Violations; Termination, Disclaimer; Indemnification, Limitation of Liability and Damages and Miscellaneous.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Questions about the Silk and Sonder Program?
Contact our Affiliate Team at partnerships@silkandsonder.com.