Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions. Thank you.
DEFINITIONS
As used in these terms and conditions: (i) “We”, “us”, or “our” refers to Mocha Whip and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Mocha Whi properties located at www.mochawhip.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the Mocha Whip Affiliate Program.
ENROLLMENT
After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up to 48 hours 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 the websites that you use in your (application?) profile will help us make a better decision.
WEBSITE RESTRICTIONS
Your participating website(s) may 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.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following.
You will only use linking code obtained from the affiliate interface without manipulation.
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 or any part of our Website including, without limitation, framing of 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.
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.
MID-CHECKOUT COMMISSION REDUCTION & OVERWRITE RULE
Mocha Whip uses a dynamic pixel system that may make changes to the standard commission in the case of a mid-checkout referral, which is defined as a cookie that is set within the last two minutes before purchase. By reducing our commission on these types of referrals and by closely monitoring the quality of traffic we receive from each affiliate, we will be able to pay out higher commissions for driving new customers and traffic. This logic also gives full credit to the first referring affiliate in the case that a second affiliate enters within this last two minutes.
Scenarios
Two affiliates outside of 2 minutes before sale, normal "last in" logic applies.
One affiliate outside of 2 minutes before sale, one within. "Last in" affiliate will receive 2% lowered commission and first affiliate will receive full commission.
Single affiliate within last 2 minutes, 2% commission will apply
Two affiliates within last 2 minutes, “last in” affiliate will receive the reduced 2% commission.
PPC GUIDELINES
YOU MAY NOT USE PPC TO PROMOTE MOCHA WHIP.
Trademarked Terms: Mocha Whip, mochawhip.com.
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 affiliate program.
Posting any information about how to work around the requirements of a coupon/promotion (ie first time customers only) 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 obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders. The current rate is 2%.
DOMAIN NAMES
Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. mochawhip.website.com or www.mochawhip-coupons.com
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Mocha Whip.
E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.
SOCIAL MEDIA
Promotion on Facebook, Twitter, 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, Twitter, etc. pages. For example: You may post, “25% off sale at Mocha Whip through Wednesday with code MochaWhip25.”
You ARE PROHIBITED from posting your affiliate links on Mocha Whip's Instagram, Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
You ARE PROHIBITED from running Facebook ads with Mocha Whip's trademarks or company name.
OPERATIONS OUTSIDE UNITED STATES
If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.
REVERSAL & COMMUNICATION POLICY
Mocha Whip takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, 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 pro-actively address these issues and adhere to our program rules.
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.
Disclosures must be made as close as possible to the claims.
Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure should be visible before the jump).
Pop-up disclosures are prohibited.
For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf ; and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements
PROHIBITION AGAINST SOLICITATION FOR RESIDENT AFFILIATES IN SELECT STATES
As a condition of its participation in the Mocha Whip Affiliate Program, Affiliate agrees that its solicitation activities on behalf of Mocha Whip within Arkansas, Connecticut, Georgia, Kansas, Maine, Minnesota, Missouri, North Carolina, Pennsylvania, Rhode Island and Vermont (hereinafter “these states”) shall be limited to only providing a link on Affiliate’s website to Mocha Whip's own website. Affiliate acknowledges that under current law in these states, further solicitation and promotional activities by Affiliate may render Mocha Whip liable for collecting sales tax on all sales to customers in these states. Therefore, as a condition of participation in the Mocha Whip Affiliate Program, Affiliate is prohibited from engaging in any solicitation activities in these states intended to refer potential customers to Mocha Whip, including, but not limited to: (i) distributing flyers, coupons, newsletters and other printed materials, or electronic equivalents of such materials; (ii) engaging in verbal solicitation, including in-person referrals or initiating telephone calls; and (iii) sending emails intended to refer customers to Mocha Whip. Proof of compliance must be sent to Mocha Whip on an annual basis (by May 31 of each year) or affiliate may be removed from the program. Affiliate further acknowledges that state tax laws are subject to change at any time and such changes may render Affiliates in certain states ineligible for continued participation in Mocha Whip's Affiliate Program. Mocha Whip reserves the right to remove any Affiliate from the Mocha Whip Affiliate Program at any time for any reason.
The preceding paragraph only applies to affiliates that constitute organizations, clubs and nonprofit groups. Affiliate shall maintain prominently on its website information alerting its members to the prohibition against solicitation activities in these states as described above.
For California Affiliates Who Have Signed Affidavits Only
In order to participate in the Mocha Whip Affiliate Program, Affiliates located in California must hereby:
Agree to refrain from engaging in any solicitation activities, directly or indirectly, in California that refer potential customers to the Mocha Whip website including, but not limited to, distributing flyers, coupons, newsletters and other printed promotional materials or electronic equivalents, verbal soliciting (e.g., in-person referrals), initiating telephone calls, and sending e-mails.
Complete and sign an affidavit annually in which Affiliate further agrees not to engage in any of the above solicitation activities in the state of California. If either of the aforementioned requirements are not met, Affiliate will be immediately removed from the Mocha Whip Affiliate Program.
For New York Affiliates Who Have Signed Affidavits Only
In order to participate in the Mocha Whip Affiliate Program, Affiliates located in the state of New York must hereby:
Agree to refrain from engaging in any solicitation activities, directly or indirectly, in New York that refer potential customers to the Mocha Whip website including, but not limited to, distributing flyers, coupons, newsletters and other printed promotional materials or electronic equivalents, verbal soliciting (e.g., in-person referrals), initiating telephone calls, and sending e-mails.
Complete and sign an affidavit annually in which Affiliate further agrees not to engage in any of the above solicitation activities in the state of New York. If either of the aforementioned requirements are not met, Affiliate will be immediately removed from the Mocha Whip Affiliate Program.
© 2020 Mocha Whip LLC
