Encircled

Encircled

Program Terms

ENCIRCLED INC.

AFFILIATE PROGRAM

Terms & Conditions

Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions.

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND BY SUCH TERMS AND CONDITIONS UPON OUR ACCEPTANCE OF YOUR APPLICATION.

1. DEFINITIONS

As used in these terms and conditions: (i) "We", "us", or "our" refers to Encircled Inc. and our website; (ii) "you" or "your" refers to you the Affiliate; (iii) "our website" refers to the Encircled properties located at http://www.encircled.ca; (iv) "your website" refers to any websites that you will link to our website; (v) "Program" refers to the Encircled Affiliate Program; (vi) "Platform" refers to Awin, the affiliate network through which this Program is managed.

2. AFFILIATE OBLIGATIONS

2.1. REGISTRATION IN THE PROGRAM

After receiving your online application through Awin, we will review your website/proposal and notify you of your acceptance or rejection into our Program. Please allow up to 72 hours for your application to be reviewed.

2.2. AFFILIATE REQUIREMENTS

We may reject or rescind your application at our sole discretion. We may reject or cancel your application if we determine that your site is unsuitable for our Program, including if it:

  • Promotes sexually explicit materials
  • Promotes violence
  • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promotes illegal activities
  • Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
  • Includes "Encircled" or variations or misspellings thereof in its domain name or subdomain name
  • Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion
  • Contains software downloads that potentially enable diversions of commission from other affiliates in our program
  • Contains 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

 

2.3. PLATFORM ACCESS

As a member of Encircled's Affiliate Program, you will have access to your Affiliate account through Awin. Here you will be able to review our Program's details, download creative assets and banner materials, and browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the tracking links that we provide for each banner, text link, or other affiliate link.

2.4. Encircled reserves the right, at any time, to review your placement and monitor the use of your affiliate links and require that you change the placement or use to comply with the guidelines provided to you.

2.5. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we believe would enhance your performance in the Affiliate program.

2.6. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.

2.7. You may not engage in cookie stuffing or include pop-ups, and/or 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). Additionally, 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%.

2.8. You may not create or design your website or any other website that you operate, explicitly or implied, in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Encircled.ca or any other affiliated business.

3. MARKETING & PROMOTION

3.1. You are free to promote your own websites, but naturally any promotion that mentions Encircled could be perceived by the public or the press as a joint effort. Certain forms of advertising are always prohibited by Encircled. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Encircled so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Emails must abide by Canadian Anti-Spam Legislation (CASL) regulations. At all times, you must clearly represent yourself and your websites as independent from Encircled. Any pending balances owed to you will not be paid if your account is terminated due to spamming or unacceptable advertising or solicitation.

3.2. BRANDED KEYWORD BIDDING PROHIBITION

Encircled is a registered trademark of Encircled Inc. As an affiliate, you shall not use any domain names, signature features, brand names or trademarks which could lead to confusion due to their similarity with our name, trademark and brand. You must not use the term "Encircled" or any variation or misspelling of "Encircled", either separately or in combination with any other keyword, in a Pay-Per-Click (PPC) campaign. You must also not optimize your website for the term "Encircled" or use any of our product names as keywords. Any affiliate found to be engaging in such conduct will be suspended immediately and any unpaid affiliate earnings will be forfeited. We reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behaviour.

3.3. Keying in a prospect's information into any lead form is a violation of the Canadian Anti-Spam Legislation (CASL) and Affiliates are prohibited from doing so.

3.4. Affiliate shall not transmit any so-called "interstitials," "Parasiteware," "Parasitic Marketing," "Shopping Assistance Application," "Toolbar Installations and/or Add-ons," "Shopping Wallets" or "deceptive pop-ups and/or pop-unders" to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Encircled's site.

3.5. 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 or network or that are displayed on our website(s)
  • Posting any information about how to work around the requirements of a coupon/promotion (i.e. 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 emails, paid search, or any other campaign

 

3.6. SOCIAL MEDIA USAGE

Promotion on Instagram, Facebook, TikTok, Pinterest, and other social media platforms is permitted following these general guidelines:

  • You ARE allowed to promote offers to your own followers and lists; you are welcome to use your affiliate links on your own social media pages and profiles
  • You ARE PROHIBITED from posting your affiliate links on Encircled's social media pages or groups in an attempt to generate affiliate sales
  • You are prohibited from using paid social media ads or boosted posts to promote your affiliate links

 

4. RIGHTS

4.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Encircled's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Encircled and the goodwill associated therewith will inure to the sole benefit of Encircled.

4.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light, neither during the term of this Agreement nor after the Agreement is terminated for whatever reason. Each party reserves all of its respective rights in the proprietary materials covered by this license.

5. PAYMENT + ADMINISTRATIVE

5.1. Encircled uses Awin as its third-party affiliate network to handle all tracking and commission payments. Kindly review Awin's payment terms and conditions. You will need an active Awin publisher account to participate in this Program and receive commission payments. Awin's payment schedule and methods will govern the timing and form of commission payouts.

5.2. Commissions are calculated and paid based on your Affiliate level. In general, commissions are calculated as a percentage of the gross sales price and do not include shipping and handling, taxes, gift wrap costs, late charges, collection costs, special service fees, import/export duties or any other payment or disbursement incurred by Encircled that is not a product purchase price.

5.3. Commissions will only be paid on sales that are tracked through the Awin affiliate tracking system, meaning that you must use your affiliate link to get credit for the sale. Commissions are only tracked and paid when the user makes a purchase in the same visit using the affiliate link, or within thirty (30) days through cookie tracking, provided the customer does not clear their cookies.

5.4. Commissions will be paid in accordance with Awin's payment schedule. There is a sixty (60) day waiting period for payment of commissions due to the extended return period of Encircled's merchandise. Commissions will not be calculated or paid on amounts from: (i) sales where purchasers have fraudulently used a credit card; (ii) amounts credited back to customers; (iii) uncollectable amounts; or (iv) refunded returns.

5.5. Encircled will only pay out commissions if the customer purchasing has paid for their order in full. Only purchases made through Encircled's primary website, www.encircled.ca, will be eligible for commissions.

5.6. Encircled will be responsible for providing all after-sales care to customers including customer service and billing inquiries. Pricing of our products is subject to change without notice. Encircled will not provide detailed customer information to Affiliates under any circumstances.

5.7. Encircled is not responsible for the failure to assign any sale or commission to the Affiliate if the sale results from an improperly formatted affiliate link.

6. DISCLAIMER

ENCIRCLED MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ENCIRCLED SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

7. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

7.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

7.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

7.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

8. LIMITATIONS OF LIABILITY

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL ENCIRCLED'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL COMMISSIONS PAYABLE BUT THEN UNPAID TO YOU UNDER THIS AGREEMENT.

9. INDEMNIFICATION

You hereby agree to indemnify and hold harmless Encircled, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) insofar as such losses arise out of or are based on: (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; (ii) any misrepresentation of a representation or warranty or breach of a covenant made by you herein; or (iii) any claim related to your site, including content therein not attributable to us.

10. CONFIDENTIALITY

All confidential information, including but not limited to any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

11. MISCELLANEOUS

11.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Encircled. You will have no authority to make or accept any offers or representations on our behalf.

11.2. You may not assign your rights or obligations under this Agreement to any party without our consent.

11.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario without regard to the conflicts of laws and principles thereof.

11.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

11.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

11.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

11.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

12. TERMINATION

12.1. Either party may terminate this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. Any such notice shall be effective, in the case of email, at the time such notice is sent, and in the case of surface mail at the end of the day such notice is posted. In addition, this Agreement will automatically terminate immediately upon any breach of this Agreement by you.

12.2. If you are in breach of your obligations under the terms and conditions in section 2 hereof, you will not be entitled to commissions pending payable. If you are terminated in a mutually agreeable manner, any commissions owing at the date of termination will be paid in full after the waiting period of sixty (60) days expires. No other commissions will be accrued or paid after the termination of participation in the program.

12.3. You may withdraw your application anytime in writing to affiliates@encircled.ca.

13. ENCIRCLED RIGHTS + OBLIGATIONS

13.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Program.

13.2. Encircled reserves the right to terminate this Agreement and your participation in the Program immediately and without notice to you should you fraudulently use the Program or should you abuse the Program in any way. If such fraud or abuse is detected, Encircled shall not be liable to you for any commissions for any fraudulent sales.

13.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue until the termination thereof.

14. NON-DISPARAGEMENT

14.1. Affiliate covenants and agrees that Affiliate shall not engage in any pattern of conduct that involves the making or publishing of written or oral statements or remarks (including, without limitation, the repetition or distribution of derogatory rumors, allegations, negative reports or comments) which are disparaging, deleterious or damaging to the integrity, reputation or goodwill of Encircled Inc., its management or its brands.

14.2. The parties agree to treat each other respectfully and professionally and not disparage the other party, and the other party's officers, directors, employees, shareholders and agents, in any manner likely to be harmful to them or their business, business reputation or personal reputation.

15. ACKNOWLEDGEMENT OF UNDERSTANDING

15.1. You acknowledge that you: (i) have had sufficient time to review and consider this Agreement thoroughly; (ii) have read and understand and agree to comply with the terms of this Agreement and your obligations hereunder; (iii) have had the opportunity to obtain independent legal advice concerning the interpretation and effect of this Agreement; and (iv) you have entered into this Agreement voluntarily and without any pressure.

 

Thank you for joining the Encircled Affiliate Program.

© Encircled Inc. 2026