CBD Pillow
Program Terms
TERMS AND POLICIES
By participating in the Shareasale.com Affiliate Program (“Program”), you agree with the terms and policies set forth in the agreement (“Agreement”) below. Please read the entire Agreement. It is a legal agreement between you and CBD Pillow. By submitting the online application, you are agreeing that you have read and understand the terms and policies of this Agreement, and that, if CBD Pillow accepts your application, you agree to be legally responsible for each and every term and policy.
Your participation in the Program is solely for the purpose of legally advertising CBD Pillow to receive a commission on products purchased by your referrals. This Agreement begins when CBD Pillow accepts you into the Program and will end when your agreement is terminated.
CBD Pillow may change the Program or this Agreement at any time without notice. If any change to the Program or the Agreement is unacceptable to you, your only choice is to terminate your participation. Your continuing participation in the Program will constitute your acceptance of any change.
You or CBD Pillow may suspend or terminate your participation in the Program at any time for any reason. You are only eligible to earn commissions while you are participating in the Program in accordance with the terms of this Agreement.
Referrals
CBD Pillow will attribute referrals to you based on a tracking code embedded in your affiliate links.
CBD Pillow uses the Shareasale.com affiliate tracking system owned by Shareasale.com Inc. When a referral clicks through your affiliate link, Shareasale.com sets a cookie in the browser that contains your tracking code. Shareasale.com also tracks other information, such as the IP address of the referral, in its database along with your tracking code. When the referral decides to buy a product at CBD Pillow, a script will look for the cookie, or try to match the IP address, or use similar technology to identify you and award the commission. Referrals from your affiliate link may make a purchase later in time and CBD Pillow will still award the commission if the cookie is still present in the browser or the IP address still matches one logged in the database.
A transaction may be deemed to be resulting directly from an affiliate link tracked by Shareasale.com from your website to the CBD Pillow website if:
(i) such purchase is made during the time period set forth by us through the Shareasale.com Network after the customer has initially entered our website through your tracked affiliate link ("Revenue Share Time"). After the Revenue Share Time, we will not pay referral fees on any products that are added to a customer's shopping cart after the customer has re-entered our website (other than through an affiliate link from your website), even if the customer previously followed a link from your website to our website.
(ii) your tracked affiliate link is the most recent referral to the CBD Pillow website prior to such purchase among all marketing channels tracked by us. If we are able to track a referral from another marketing channel (e.g., another affiliate, comparison shopping engine, paid search, banner advertisement or any other trackable marketing channel) that is more recent than your affiliate link click, then the resulting purchase will be deemed not to be directly resulting from your tracked affiliate link.
All determinations of qualifying affiliate clicks and whether a referral fee is payable will be made solely by us and Shareasale.com and will be final and binding on you. CBD Pillow reserves the right to refuse service to any referral for any reason.
Commissions
CBD Pillow will pay you a commission on products purchased by your referrals according to the designated payment schedule. CBD Pillow reserves the right to increase or decrease commission rates from time to time as it sees fit. There is no maximum commission limit.
CBD Pillow uses the Shareasale.com affiliate tracking system owned by Shareasale.com Inc. to tabulate and track sales and commission payments due to our affiliates after the tracking process and purchases are completed. Through the Shareasale.com website, you will have access to information we use to determine commissions we owe you.
If a referral returns a product or if the referral requests a chargeback on the purchase, you will not receive a commission. CBD Pillow returns all money to the referral, so you must also return your portion of the sale. Because of the 30-day return period for all CBD Pillow products, and because of periodic processing, CBD Pillow may hold your commission payout for a period of up to 60 days, but may be longer due to unforeseen circumstances. Most commissions are processed within 45 days.
For purposes of this Agreement, "commission" means all cash consideration (not including any portion of payment made through the redemption of coupons or credits, or the purchase of gift certificates or gift cards) from merchandise sold in a transaction resulting directly from a Qualifying Link tracked by Shareasale.com from your website to the CBD Pillow Website in accordance with this Agreement, where the customer purchases such merchandise, less all taxes, shipping and handling charges, gift wrapping and other value-added service charges, returns and chargebacks. You acknowledge and agree that we will not be obligated to pay any revenue share unless we actually ship the applicable order and receive full payment for such order.
CBD Pillow will send payment for the commission earned, less any taxes or other amounts that we may be required by law to withhold. No interest will be paid on any such amount held by us. If a commission payment is made hereunder and relates to merchandise that is later returned by the customer after the commission has been issued, the applicable commission may be deducted from the next applicable payment hereunder. If any portion of such commission cannot be recovered through a deduction, we will invoice you for such amount and you agree to pay this amount within 30 days after receipt of such invoice. Upon termination of this Agreement, Shareasale.com will send, or cause to be sent, payment for the total amount of commission then owed to you as of the termination date. The final commission payment may be withheld by us for a reasonable period of time to ensure that the correct amount is paid after making any adjustments that may be required, including, but not limited to, adjustments for returns.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of this commission schedule at any time without notice.
CBD Pillow products are to be exclusively sold in the United States and cannot be sold internationally.
Promotion Codes & Coupons
You may not, without our prior written consent, utilize any promotion, promotion code, coupon, or other promotional opportunity that is not specifically authorized for CBD Pillow’s Affiliate Program and explicitly authorized for your use.
Keep in mind, we do not work with coupon sites. We work with content sites only. You will forfeit all coupon site commissions and all future commission will be set to 0%, if you or a sub-affiliate promotes CBD Pillow through a coupon site.
Reversals
CBD Pillow reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and policies.
Additionally, if we ask you for clarification or more information on any orders that we suspect may be in violation of our terms and policies, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
1) You are not forthcoming, you are intentionally vague, or you are found to be lying.
2) You are not responsive within a reasonable time period and after multiple attempts to make contact using the information listed in your network 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 apply, then we reserve the absolute right to suspend you from our Affiliate Program, reverse orders, modify payouts, set your commission to 0%, or immediately terminate your participation in our Affiliate Program. 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 address such issues proactively and to adhere to the terms and policies of this Agreement.
Assets
The tools, products, and creative assets (collectively “Assets”) that CBD Pillow provides to you include valuable information vital to the success of the Program, including a tracking code that CBD Pillow uses to attribute referrals to you.
CBD Pillow grants to you a nonexclusive, nontransferable license (“License”) to use Assets as specified under the terms and policies of this Agreement. The term of the License shall expire upon your departure from the Program or termination of this Agreement.
You will use the Assets as CBD Pillow instructs:
1) You agree that you will not corrupt, modify, or disable the tracking functionality in the Assets.
2) You will not alter, add to, subtract from, or otherwise modify the Assets as CBD Pillow provides them unless you obtain prior written consent from CBD Pillow.
3) You may only use the Assets for the purpose of promoting CBD Pillow and its products.
4) You will not make any claim to ownership of the Assets, or of the copyright, trademark, or other intellectual property therein.
5) You acknowledge and agree that CBD Pillow retains all rights, ownership, and interest in the Assets, and in any copyright, trademark, or other intellectual property rights embodied in or associated with CBD Pillow. Nothing in this Agreement shall be construed to grant you any rights, ownership, or interest in the Assets, or in the underlying intellectual property, other than the License to use Assets as granted in this Agreement.
You also acknowledge and agree that:
1) You will not, and will not assist any third party to, now or in the future, (i) take any action challenging or otherwise inconsistent with our ownership of, or other right in CBD Pillow content, or (ii) register or attempt to register any trademark, service mark, logo, trade name, domain name, or similar business identifier, that contains any name, trademark, service mark, logo, trade name or other content or material owned or controlled by us or any derivation, including misspellings, thereof. All goodwill and benefits accruing from the use of CBD Pillow assets will automatically vest in us. You agree to cooperate with us and to take any additional actions reasonably requested by us to effect, perfect or confirm our rights, title and interest in any CBD Pillow content.
2) You will not publish or otherwise distribute any other advertising materials that reference CBD Pillow unless CBD Pillow gives prior written consent to the distribution of such materials.
3) You will not, except as specifically provided for in this Agreement (i) copy or obtain any images or other content relating to CBD Pillow from the CBD Pillow Website or elsewhere, except through Shareasale.com, (ii) modify, adapt, translate or create derivative works based on CBD Pillow Content, (iii) remove, erase, or tamper with any copyright or other proprietary notices in any copy of any of CBD Pillow’s Content, (iv) sell, market, license, sublicense, distribute, disclose or otherwise grant to any person or entity any right or interest in CBD Pillow’s Content, (v) take any action which may cause deception, confusion or otherwise dilutes the quality of CBD Pillow’s Content or the goodwill associated therewith, or (vi) use CBD Pillow’s Content in any manner which disparages or portrays CBD Pillow in a false, competitively adverse or poor light.
If you fail to comply with any of our restrictions, at our sole discretion, you may forfeit any commissions or other payments otherwise earned by you during the period in which you are not in compliance, and we may withdraw you from our affiliate program with no notice.
Email & Additional Consumer Communications
Under no circumstances shall you send commercial electronic mail messages as defined in the Federal spam law, CAN-SPAM Act of 2003 (“Act”), with respect to the CBD Pillow affiliate, ambassador or referral programs. CBD Pillow reserves the right to collect, withhold, or cancel any and all compensation related to commercial electronic mail messages you send. You may send transactional or relationship messages as defined in the Act.
You may not, without our prior written consent, (i) generate or send any email messages, text or mobile messages, or other electronic messages ("Electronic Messages") using or containing our name or logo, or any variation thereof, trademarks or products, or any of the Qualifying Links or URLs provided to you as part of the Affiliate Program, (ii) send any Electronic Message that in any way suggests or is likely to mislead (including without limitation, via the return address, subject heading, header information or message contents) a recipient into believing that we or any related entity was the sender or sponsor of such email or procured or induced you to send such email, or (iii) forward, redistribute, or otherwise repurpose any Electronic Messages that we send to customers or members of our affiliate network.
Upon termination of this Agreement, for any reason, you shall immediately cease using, displaying or otherwise maintaining any interest in Merchant Content. For purposes of this Agreement "Merchant Content" means any and all trademarks, service marks, trade names, logos, banners, buttons, digital images, graphics, text and other content and material which we may, in our sole discretion, make available to you in connection with this Affiliate Program from time to time.
Social Media
CBD Pillow permits you to promote offers on Facebook, Twitter, blogs, discussion forums, and other social media following these general guidelines:
1) You ARE ALLOWED to post your affiliate links on your own social media.
2) You ARE PROHIBITED from posting your affiliate links on the social media of CBD Pillow.
Keywords
You shall not purchase keywords, domain names, advertising, search terms, AdWords, or any other identifiers that include the word “CBD Pillow” the names of any CBD Pillow products or services, or any variations or misspellings thereof.
Specifically, this policy prohibits you from:
1) Bidding on “CBD Pillow” and any keyword string that includes this term, such as “CBD Pillow Discount” or “CBD Pillow coupons” or “CBD Pillow promotions”.
2) Purchasing domain names based on “CBD Pillow” or name variations, such as “CBDpillowsale.com” or “CBDpillow.co”.
Relationship
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between you and CBD Pillow. You will provide services for CBD Pillow as an independent contractor. You will have no authority to bind CBD Pillow into any agreement, nor will you be considered an agent or employee of CBD Pillow in any respect.
CBD Pillow will not be responsible for any taxes that you owe arising out of your relationship with CBD Pillow as set forth in this Agreement. CBD Pillow will not withhold any taxes from the commissions paid to you.
You shall include a disclosure statement within any and all pages or posts where you use affiliate links in 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 CBD Pillow is compensating you for your review or endorsement.
Prohibited Claims
You are responsible for complying with all of the terms and conditions hereof and all applicable laws, rules and regulations. You represent, warrant, covenant, and agree that:
1) You shall not make claims that CBD Pillow products or services are intended to diagnose, treat, cure, or prevent any disease. You may not use the following (or substantially similar) words, phrases, or references with respect to claims about any of our products:
(a) Therapeutic, (b) Medicinal/Medical, (c) Clinical, (d) Diagnose, (e) Prevent/Prevention, (f) Treat/Cure, (g) Aliments, (h) 100% Natural, (i) Inflammation (when not linked to exercise), or (j) any disease state linked with product use.
2) If you make any of the following (or substantially similar) claims: (a) helps support a sense of calm for focus, (b) helps support management of normal, everyday stresses, (c) helps support recovery from exercise-induced inflammation, or (d) helps support healthy sleep cycles, you must include an asterisk (*) at the end of the claim, which must refer readers to the following statement included nearby:
*These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
3) You may not (i) engineer your websites in a manner designed to direct or pull Internet traffic away from our Merchant website, (ii) attempt to modify or alter our Merchant website in any way; (iii) make any representations, either express or implied, or create an appearance that a visitor to your website is visiting our website, e.g., "framing" the Merchant website, without our prior written approval; or (iv) "scrape" or "spider" any Merchant website or any other website for Merchant Content (as defined below).
4) You will not state or imply that we sponsor, endorse, sanction or otherwise approve your website or any of your products or service.
5) You will not state or imply that you are our associate, partner or agent or otherwise take any action that could reasonably cause customers confusion as to our relationship with you.
6) You will not take any action that could reasonably cause customers confusion as to the website on which any data collection, purchase transaction or other functions are occurring.
7) You may not purchase products during sessions initiated through Qualified Affiliate Links on your websites for resale, or commercial use of any kind. Such purchases may result, in our sole discretion, in the withholding of revenue share or the termination of this Agreement.
8) We have the right in our sole and absolute discretion to monitor your websites to determine if you are in compliance with the terms of this Agreement, and you agree to provide us with unrestricted access to your websites for such purpose.
Warranties
CBD Pillow makes no express or implied warranties or representations with respect to the Program. CBD Pillow makes no representation that the operation of the Program will be uninterrupted or error-free, and CBD Pillow will not be liable for the consequences of any interruptions or errors.
You represent and warrant the following:
1) You have the legal authority to enter into this Agreement and to be bound to the terms and policies set forth in this Agreement.
2) Your website does not contain any materials that are:
(a) Unlawful or solicitous of behavior that is unlawful in the United States;
(b) Unlawful or solicitous of behavior that is unlawful in the geographic area from which you operate.
3) You have obtained any necessary clearances, licenses, or other permission for any intellectual property used on your website. Nothing on your website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor do you have any reason to believe that any person or entity will bring or threaten such a claim in the future.
4) You do not compete with CBD Pillow. You are not an employee, agent, or partner with any person or company that competes with CBD Pillow. You may be an affiliate with or an independent contractor to persons or companies that compete with CBD Pillow.
Indemnification
You will indemnify and hold harmless CBD Pillow from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of your warranties set forth above. You will also indemnify and hold harmless CBD Pillow for any damage, loss, or other cost arising out of your use or misuse of the Assets. Further, you agree to defend, indemnify and hold us harmless from all claims, damages, and expenses relating to the development, operation, maintenance or content of your website.
Confidentiality
Any information that you are exposed to by virtue of your relationship with CBD Pillow under these terms and policies, which information is not available to the general public, shall be considered to be confidential company information. You may not disclose any confidential company information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from CBD Pillow.
Liability
CBD Pillow will not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute goods or services (whether CBD Pillow was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension, or interruption of service, termination of this Agreement, use or misuse of the Assets, or other performance of services under this Agreement.
Force Majeure
Our performance under this Agreement shall be excused to the extent that such performance is hindered, delayed or made commercially impractical by causes beyond our reasonable control.
Forum
This Agreement will be governed by and construed in accordance with the substantive laws of the State of California, excluding its conflict of laws principles. Any lawsuit relating to this Agreement must be brought in the federal court located in Los Angeles, California or the state courts located in Ventura County, California.
By participating in the Shareasale.com Affiliate Program (“Program”), you agree with the terms and policies set forth in the agreement (“Agreement”) below. Please read the entire Agreement. It is a legal agreement between you and CBD Pillow. By submitting the online application, you are agreeing that you have read and understand the terms and policies of this Agreement, and that, if CBD Pillow accepts your application, you agree to be legally responsible for each and every term and policy.
Your participation in the Program is solely for the purpose of legally advertising CBD Pillow to receive a commission on products purchased by your referrals. This Agreement begins when CBD Pillow accepts you into the Program and will end when your agreement is terminated.
CBD Pillow may change the Program or this Agreement at any time without notice. If any change to the Program or the Agreement is unacceptable to you, your only choice is to terminate your participation. Your continuing participation in the Program will constitute your acceptance of any change.
You or CBD Pillow may suspend or terminate your participation in the Program at any time for any reason. You are only eligible to earn commissions while you are participating in the Program in accordance with the terms of this Agreement.
Referrals
CBD Pillow will attribute referrals to you based on a tracking code embedded in your affiliate links.
CBD Pillow uses the Shareasale.com affiliate tracking system owned by Shareasale.com Inc. When a referral clicks through your affiliate link, Shareasale.com sets a cookie in the browser that contains your tracking code. Shareasale.com also tracks other information, such as the IP address of the referral, in its database along with your tracking code. When the referral decides to buy a product at CBD Pillow, a script will look for the cookie, or try to match the IP address, or use similar technology to identify you and award the commission. Referrals from your affiliate link may make a purchase later in time and CBD Pillow will still award the commission if the cookie is still present in the browser or the IP address still matches one logged in the database.
A transaction may be deemed to be resulting directly from an affiliate link tracked by Shareasale.com from your website to the CBD Pillow website if:
(i) such purchase is made during the time period set forth by us through the Shareasale.com Network after the customer has initially entered our website through your tracked affiliate link ("Revenue Share Time"). After the Revenue Share Time, we will not pay referral fees on any products that are added to a customer's shopping cart after the customer has re-entered our website (other than through an affiliate link from your website), even if the customer previously followed a link from your website to our website.
(ii) your tracked affiliate link is the most recent referral to the CBD Pillow website prior to such purchase among all marketing channels tracked by us. If we are able to track a referral from another marketing channel (e.g., another affiliate, comparison shopping engine, paid search, banner advertisement or any other trackable marketing channel) that is more recent than your affiliate link click, then the resulting purchase will be deemed not to be directly resulting from your tracked affiliate link.
All determinations of qualifying affiliate clicks and whether a referral fee is payable will be made solely by us and Shareasale.com and will be final and binding on you. CBD Pillow reserves the right to refuse service to any referral for any reason.
Commissions
CBD Pillow will pay you a commission on products purchased by your referrals according to the designated payment schedule. CBD Pillow reserves the right to increase or decrease commission rates from time to time as it sees fit. There is no maximum commission limit.
CBD Pillow uses the Shareasale.com affiliate tracking system owned by Shareasale.com Inc. to tabulate and track sales and commission payments due to our affiliates after the tracking process and purchases are completed. Through the Shareasale.com website, you will have access to information we use to determine commissions we owe you.
If a referral returns a product or if the referral requests a chargeback on the purchase, you will not receive a commission. CBD Pillow returns all money to the referral, so you must also return your portion of the sale. Because of the 30-day return period for all CBD Pillow products, and because of periodic processing, CBD Pillow may hold your commission payout for a period of up to 60 days, but may be longer due to unforeseen circumstances. Most commissions are processed within 45 days.
For purposes of this Agreement, "commission" means all cash consideration (not including any portion of payment made through the redemption of coupons or credits, or the purchase of gift certificates or gift cards) from merchandise sold in a transaction resulting directly from a Qualifying Link tracked by Shareasale.com from your website to the CBD Pillow Website in accordance with this Agreement, where the customer purchases such merchandise, less all taxes, shipping and handling charges, gift wrapping and other value-added service charges, returns and chargebacks. You acknowledge and agree that we will not be obligated to pay any revenue share unless we actually ship the applicable order and receive full payment for such order.
CBD Pillow will send payment for the commission earned, less any taxes or other amounts that we may be required by law to withhold. No interest will be paid on any such amount held by us. If a commission payment is made hereunder and relates to merchandise that is later returned by the customer after the commission has been issued, the applicable commission may be deducted from the next applicable payment hereunder. If any portion of such commission cannot be recovered through a deduction, we will invoice you for such amount and you agree to pay this amount within 30 days after receipt of such invoice. Upon termination of this Agreement, Shareasale.com will send, or cause to be sent, payment for the total amount of commission then owed to you as of the termination date. The final commission payment may be withheld by us for a reasonable period of time to ensure that the correct amount is paid after making any adjustments that may be required, including, but not limited to, adjustments for returns.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of this commission schedule at any time without notice.
CBD Pillow products are to be exclusively sold in the United States and cannot be sold internationally.
Promotion Codes & Coupons
You may not, without our prior written consent, utilize any promotion, promotion code, coupon, or other promotional opportunity that is not specifically authorized for CBD Pillow’s Affiliate Program and explicitly authorized for your use.
Keep in mind, we do not work with coupon sites. We work with content sites only. You will forfeit all coupon site commissions and all future commission will be set to 0%, if you or a sub-affiliate promotes CBD Pillow through a coupon site.
Reversals
CBD Pillow reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and policies.
Additionally, if we ask you for clarification or more information on any orders that we suspect may be in violation of our terms and policies, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
1) You are not forthcoming, you are intentionally vague, or you are found to be lying.
2) You are not responsive within a reasonable time period and after multiple attempts to make contact using the information listed in your network 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 apply, then we reserve the absolute right to suspend you from our Affiliate Program, reverse orders, modify payouts, set your commission to 0%, or immediately terminate your participation in our Affiliate Program. 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 address such issues proactively and to adhere to the terms and policies of this Agreement.
Assets
The tools, products, and creative assets (collectively “Assets”) that CBD Pillow provides to you include valuable information vital to the success of the Program, including a tracking code that CBD Pillow uses to attribute referrals to you.
CBD Pillow grants to you a nonexclusive, nontransferable license (“License”) to use Assets as specified under the terms and policies of this Agreement. The term of the License shall expire upon your departure from the Program or termination of this Agreement.
You will use the Assets as CBD Pillow instructs:
1) You agree that you will not corrupt, modify, or disable the tracking functionality in the Assets.
2) You will not alter, add to, subtract from, or otherwise modify the Assets as CBD Pillow provides them unless you obtain prior written consent from CBD Pillow.
3) You may only use the Assets for the purpose of promoting CBD Pillow and its products.
4) You will not make any claim to ownership of the Assets, or of the copyright, trademark, or other intellectual property therein.
5) You acknowledge and agree that CBD Pillow retains all rights, ownership, and interest in the Assets, and in any copyright, trademark, or other intellectual property rights embodied in or associated with CBD Pillow. Nothing in this Agreement shall be construed to grant you any rights, ownership, or interest in the Assets, or in the underlying intellectual property, other than the License to use Assets as granted in this Agreement.
You also acknowledge and agree that:
1) You will not, and will not assist any third party to, now or in the future, (i) take any action challenging or otherwise inconsistent with our ownership of, or other right in CBD Pillow content, or (ii) register or attempt to register any trademark, service mark, logo, trade name, domain name, or similar business identifier, that contains any name, trademark, service mark, logo, trade name or other content or material owned or controlled by us or any derivation, including misspellings, thereof. All goodwill and benefits accruing from the use of CBD Pillow assets will automatically vest in us. You agree to cooperate with us and to take any additional actions reasonably requested by us to effect, perfect or confirm our rights, title and interest in any CBD Pillow content.
2) You will not publish or otherwise distribute any other advertising materials that reference CBD Pillow unless CBD Pillow gives prior written consent to the distribution of such materials.
3) You will not, except as specifically provided for in this Agreement (i) copy or obtain any images or other content relating to CBD Pillow from the CBD Pillow Website or elsewhere, except through Shareasale.com, (ii) modify, adapt, translate or create derivative works based on CBD Pillow Content, (iii) remove, erase, or tamper with any copyright or other proprietary notices in any copy of any of CBD Pillow’s Content, (iv) sell, market, license, sublicense, distribute, disclose or otherwise grant to any person or entity any right or interest in CBD Pillow’s Content, (v) take any action which may cause deception, confusion or otherwise dilutes the quality of CBD Pillow’s Content or the goodwill associated therewith, or (vi) use CBD Pillow’s Content in any manner which disparages or portrays CBD Pillow in a false, competitively adverse or poor light.
If you fail to comply with any of our restrictions, at our sole discretion, you may forfeit any commissions or other payments otherwise earned by you during the period in which you are not in compliance, and we may withdraw you from our affiliate program with no notice.
Email & Additional Consumer Communications
Under no circumstances shall you send commercial electronic mail messages as defined in the Federal spam law, CAN-SPAM Act of 2003 (“Act”), with respect to the CBD Pillow affiliate, ambassador or referral programs. CBD Pillow reserves the right to collect, withhold, or cancel any and all compensation related to commercial electronic mail messages you send. You may send transactional or relationship messages as defined in the Act.
You may not, without our prior written consent, (i) generate or send any email messages, text or mobile messages, or other electronic messages ("Electronic Messages") using or containing our name or logo, or any variation thereof, trademarks or products, or any of the Qualifying Links or URLs provided to you as part of the Affiliate Program, (ii) send any Electronic Message that in any way suggests or is likely to mislead (including without limitation, via the return address, subject heading, header information or message contents) a recipient into believing that we or any related entity was the sender or sponsor of such email or procured or induced you to send such email, or (iii) forward, redistribute, or otherwise repurpose any Electronic Messages that we send to customers or members of our affiliate network.
Upon termination of this Agreement, for any reason, you shall immediately cease using, displaying or otherwise maintaining any interest in Merchant Content. For purposes of this Agreement "Merchant Content" means any and all trademarks, service marks, trade names, logos, banners, buttons, digital images, graphics, text and other content and material which we may, in our sole discretion, make available to you in connection with this Affiliate Program from time to time.
Social Media
CBD Pillow permits you to promote offers on Facebook, Twitter, blogs, discussion forums, and other social media following these general guidelines:
1) You ARE ALLOWED to post your affiliate links on your own social media.
2) You ARE PROHIBITED from posting your affiliate links on the social media of CBD Pillow.
Keywords
You shall not purchase keywords, domain names, advertising, search terms, AdWords, or any other identifiers that include the word “CBD Pillow” the names of any CBD Pillow products or services, or any variations or misspellings thereof.
Specifically, this policy prohibits you from:
1) Bidding on “CBD Pillow” and any keyword string that includes this term, such as “CBD Pillow Discount” or “CBD Pillow coupons” or “CBD Pillow promotions”.
2) Purchasing domain names based on “CBD Pillow” or name variations, such as “CBDpillowsale.com” or “CBDpillow.co”.
Relationship
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between you and CBD Pillow. You will provide services for CBD Pillow as an independent contractor. You will have no authority to bind CBD Pillow into any agreement, nor will you be considered an agent or employee of CBD Pillow in any respect.
CBD Pillow will not be responsible for any taxes that you owe arising out of your relationship with CBD Pillow as set forth in this Agreement. CBD Pillow will not withhold any taxes from the commissions paid to you.
You shall include a disclosure statement within any and all pages or posts where you use affiliate links in 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 CBD Pillow is compensating you for your review or endorsement.
Prohibited Claims
You are responsible for complying with all of the terms and conditions hereof and all applicable laws, rules and regulations. You represent, warrant, covenant, and agree that:
1) You shall not make claims that CBD Pillow products or services are intended to diagnose, treat, cure, or prevent any disease. You may not use the following (or substantially similar) words, phrases, or references with respect to claims about any of our products:
(a) Therapeutic, (b) Medicinal/Medical, (c) Clinical, (d) Diagnose, (e) Prevent/Prevention, (f) Treat/Cure, (g) Aliments, (h) 100% Natural, (i) Inflammation (when not linked to exercise), or (j) any disease state linked with product use.
2) If you make any of the following (or substantially similar) claims: (a) helps support a sense of calm for focus, (b) helps support management of normal, everyday stresses, (c) helps support recovery from exercise-induced inflammation, or (d) helps support healthy sleep cycles, you must include an asterisk (*) at the end of the claim, which must refer readers to the following statement included nearby:
*These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
3) You may not (i) engineer your websites in a manner designed to direct or pull Internet traffic away from our Merchant website, (ii) attempt to modify or alter our Merchant website in any way; (iii) make any representations, either express or implied, or create an appearance that a visitor to your website is visiting our website, e.g., "framing" the Merchant website, without our prior written approval; or (iv) "scrape" or "spider" any Merchant website or any other website for Merchant Content (as defined below).
4) You will not state or imply that we sponsor, endorse, sanction or otherwise approve your website or any of your products or service.
5) You will not state or imply that you are our associate, partner or agent or otherwise take any action that could reasonably cause customers confusion as to our relationship with you.
6) You will not take any action that could reasonably cause customers confusion as to the website on which any data collection, purchase transaction or other functions are occurring.
7) You may not purchase products during sessions initiated through Qualified Affiliate Links on your websites for resale, or commercial use of any kind. Such purchases may result, in our sole discretion, in the withholding of revenue share or the termination of this Agreement.
8) We have the right in our sole and absolute discretion to monitor your websites to determine if you are in compliance with the terms of this Agreement, and you agree to provide us with unrestricted access to your websites for such purpose.
Warranties
CBD Pillow makes no express or implied warranties or representations with respect to the Program. CBD Pillow makes no representation that the operation of the Program will be uninterrupted or error-free, and CBD Pillow will not be liable for the consequences of any interruptions or errors.
You represent and warrant the following:
1) You have the legal authority to enter into this Agreement and to be bound to the terms and policies set forth in this Agreement.
2) Your website does not contain any materials that are:
(a) Unlawful or solicitous of behavior that is unlawful in the United States;
(b) Unlawful or solicitous of behavior that is unlawful in the geographic area from which you operate.
3) You have obtained any necessary clearances, licenses, or other permission for any intellectual property used on your website. Nothing on your website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor do you have any reason to believe that any person or entity will bring or threaten such a claim in the future.
4) You do not compete with CBD Pillow. You are not an employee, agent, or partner with any person or company that competes with CBD Pillow. You may be an affiliate with or an independent contractor to persons or companies that compete with CBD Pillow.
Indemnification
You will indemnify and hold harmless CBD Pillow from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of your warranties set forth above. You will also indemnify and hold harmless CBD Pillow for any damage, loss, or other cost arising out of your use or misuse of the Assets. Further, you agree to defend, indemnify and hold us harmless from all claims, damages, and expenses relating to the development, operation, maintenance or content of your website.
Confidentiality
Any information that you are exposed to by virtue of your relationship with CBD Pillow under these terms and policies, which information is not available to the general public, shall be considered to be confidential company information. You may not disclose any confidential company information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from CBD Pillow.
Liability
CBD Pillow will not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute goods or services (whether CBD Pillow was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension, or interruption of service, termination of this Agreement, use or misuse of the Assets, or other performance of services under this Agreement.
Force Majeure
Our performance under this Agreement shall be excused to the extent that such performance is hindered, delayed or made commercially impractical by causes beyond our reasonable control.
Forum
This Agreement will be governed by and construed in accordance with the substantive laws of the State of California, excluding its conflict of laws principles. Any lawsuit relating to this Agreement must be brought in the federal court located in Los Angeles, California or the state courts located in Ventura County, California.