PROGRAM TERMS for Just Enough Wines Affiliate Program on ShareASale. This Affiliate Agreement (“Agreement”) contains the terms and conditions for participation as an Affiliate of Just Enough Wines. The term "Publisher", "Affiliate", "You" or "Your" herein refers to you, the individual, business, or entity. The term "Merchant", "We" or "Our" refers to Just Enough Wines. By filling out and submitting our online application form, you are confirming that you have read this Affiliate Agreement and agree to be bound by its terms and conditions.
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 or to terminate an Affiliate determined to be unsuitable for our Affiliate Program for any reason including, but not limited to, content that is, in our opinion, unlawful, obscene, harassing, threatening, racially or ethnically defamatory or otherwise objectionable or harmful. If we reject your application, you may reapply to the Just Enough Wines Affiliate Program at any time following thirty (30) days of receipt of such rejection. 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 profile will help us make a better decision.
The terms and conditions of this Agreement are as follows:
MARKETING CHANNELS & RESTRICTIONS:
Allowed Distribution: Deal/Coupon*, Content/Blog, Display, Mobile, Newsletter
Prohibited Distribution: Search**, Toolbar
Written Approval Only: Email, Incentives, Video
*Only coupons provided through the Shareasale platform are valid for commission. Any promo code used that is not provided to your publisher account through this platform are subject to reversals.
**We do not allow the use of our Trademark terms, Trademark+ terms or display URL on search engines
WEBSITE RESTRICTIONS Your participating website(s) may not: 1. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights. 2. Violate any law, rule or regulation. 3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials. 4. Promote violence. 5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. 6. Promote illegal activities. 7. Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party. 8. Promote the use of any pyramid or similar schemes. 9. 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. 10. 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. This includes toolbars, browser plug-ins, extensions and add-ons. 11. Have a clear stated mission that is in part to support religious or politically active causes, as represented on the homepage or one of the key landing pages. 12. Distribute content to third parties.
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. 1. You will only use linking code obtained from the affiliate interface without manipulation. 2. All domains that use your affiliate link must be listed in your affiliate profile. 3. Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner. 4. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating). 5. 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. 6. You may not use any Just Enough Wines’ trademarked terms or misspellings of trademarked terms to re-direct traffic through an Internet Service Provider (ISP) to a page on your website or the Just Enough Wines’ website without written approval from Just Enough Wines. 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.
GENERAL PUBLISHER OBLIGATIONS. Publisher shall not modify or alter any Offer or any graphic file(s) or creative work made available to Publisher for use in an Offer ("Creative") in any manner. Publisher will only run approved banners and text in its advertising of Offers and will not create its own banners or advertising text based on the Creative or Offer, unless expressly approved in writing from Merchant. Any other use of Offers or Creative will result in immediate termination of this Agreement and the loss of payment of Leads. Publisher shall not place an Offer on a website or in any other context with inappropriate content, which includes, but is not limited to, content that (i) contains or promotes the use of, tobacco or illegal substances, pornography, phone sex or escort services, expletives or other inappropriate language; (ii) promotes gratuitous violence, abuses or threatens physical harm; (iii) promotes illegal or unethical activity, racism, hate, "spam," mail fraud, gambling, sweepstakes, pyramid schemes, investment and money-making opportunities or illegal advice; (iv) promotes the use of illegal activities, such as how to build a bomb, counterfeiting money and software pirating (e.g., Warez, Hotline); (v) is libelous, defamatory, infringing, false, misleading or contrary to public policy; (vi) is otherwise prohibited by federal or state law; (vii) may bring Merchant and/or its associated Advertisers negative publicity; (viii) introduces viruses, worms, harmful code and/or Trojan horses on the Internet; or (ix) is otherwise objectionable to Merchant, in its sole discretion. Publisher shall not engage in any deceptive or misleading form of advertising or marketing, which includes, but is not limited to, phishing (the practice of sending an email to an individual, falsely claiming to be an established legitimate enterprise in an attempt to scam or defraud the user into surrendering private and personal information that can be used for identity theft, or for any other purpose), cybersquatting, typosquatting or combosquatting. Publisher shall operate in compliance with all applicable laws, regulations, decisions and industry best practices, including but not limited to: (i) Section 5 of the Federal Trade Commission Act and any current or future interpretation by the Federal Trade Commission (“FTC”) of Section 5, including as it relates to Publisher programs, incentive programs, or advertising, privacy and information security generally, and (ii) the Direct Marketing Association’s Best Practices for Online Advertising and Publisher Marketing. If Publisher is distributing an Offer outside the United States, Publisher represents and warrants that (1) it is familiar with the particular laws, regulations and industry customs in those countries in which is distributing the Offer, (2) it has previous experience distributing offers in such countries, and (3) it will comply with all such laws, regulations and industry customs. For an Offer to be distributed on wireless devices, such as cell phones and tablets, Publisher agrees to: (i) comply with all applicable laws and regulations regarding marketing to wireless devices; (ii) comply with all rules, terms and policies of the wireless service provider and the maker(s) of the wireless device and operating system running on such device, (iii) not install any software, cookies or application to the device without the express affirmative consent of the User; and (iv) provide such data regarding the Leads as may be required by Merchant or its Advertiser from time to time, including, UDID numbers for each Lead and geo and time/date of the Lead generation.
ADVERTISING & PUBLICITY You shall not create, publish, distribute, or print any written material that is distributed in hardcopy/physical form 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: 1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program. 2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Just Enough Wines. 3. 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: 1. 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, “20% off sale at Just Enough Wines through Wednesday with code JustEnoughWines20.” 2. You ARE PROHIBITED from posting your affiliate links on Just Enough Wines Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales. 3. You ARE PROHIBITED from running Facebook ads with Just Enough Wines trademarked company name or Just Enough Wines trademarked products. 4. You ARE PROHIBITED from creating a social media account that includes Just Enough Wines’ trademark(s) in the page name and/or username.
MUTUAL REPRESENTATIONS AND WARRANTIES. Each party represents and warrants to the other party that (i) such party has the full corporate or organizational right, power, and authority to enter into the Agreement and to perform the acts required of it, (ii) the execution of or electronic agreement to this Agreement by such party, and the performance by such party of its obligations and duties, do not and will not violate any agreement to which such party is a party or by which it is otherwise bound, or any applicable federal, state or municipal law or regulation to which it is subject, (iii) each party shall render all services to the other party in a professional and commercially reasonable manner, in accordance with generally accepted industry standards; and (iv) each party owns or has the authority and valid license to use all intellectual property and content on its website(s). Each party also represents and warrants that it is fully compliant with applicable privacy and information security laws. Each party shall provide clear and conspicuous notice for, and fully disclose, its respective privacy policy and practices to visitors to its website(s).
LIMITATION OF LIABILITY; NO ADDITIONAL WARRANTIES; INDEMNIFICATION. THE WEBSITES OF MERCHANT AND ADVERTISERS (INCLUDING ANY REPORTING SITE) AND THE OFFERS ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MERCHANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING LOST PROFITS OR REVENUES, OR HARM TO BUSINESS) EVEN IF IT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MERCHANT'S LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY, BE GREATER THAN THE TOTAL AMOUNT PAID WITHIN THE PRIOR SIX MONTHS BY MERCHANT TO PUBLISHER HEREUNDER. Indemnification. Each party agrees to indemnify, defend and hold harmless the other, its subsidiaries, advertisers, vendors and suppliers, and each of their respective agents, partners, officers, directors and employees from and against any third party loss, cost, claim, injury or damage (including reasonable attorneys' fees) arising out of or related to a breach of such party's representations or warranties made in this Agreement or a breach of the terms and conditions of this Agreement.
MISCELLANEOUS TERMS 1. Termination. Just Enough Wines may terminate the Program at any time and for any reason, with or without cause. You are only eligible to earn commission occurring during the term of the Program, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon termination of the Program, (a) all licenses hereunder shall terminate, and (b) you will immediately remove any links, Just Enough Wines trademarks, and other Just Enough Wines intellectual property or brand features from your Site. Just Enough Wines may withhold referral fees at termination if Just Enough Wines, in its sole discretion, believes explicit provisions of these terms and conditions have been breached and such referral fees were earned in violation of these terms and conditions. In addition to the right to terminate the Program, Just Enough Wines shall be entitled, in addition to any and all remedies of law, to seek damages for breach of these terms and conditions, including, injunctive relief, punitive damages, and/or refund of the fees and other payments made pursuant to these terms and conditions. 2. Modification. We reserve the right to change or modify these terms and conditions at any time and in our sole discretion. Any changes or modifications will be effective upon posting of the revisions and notice of such changes. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CEASE PARTICIPATING IN THE PROGRAM. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING RECEIPT OF NEW TERMS AND WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. 3. Relationship of Parties. Both of us are independent contractors, and nothing in these terms and conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. 4. Limitation of Liability. We will not be liable for indirect, special or consequential damages arising in connection with the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to the Program will not exceed the total referral fees paid or payable to you under these terms and conditions. All claims made hereunder by you against us shall be made within 90 days of the act or omission, which forms the basis of such claims. 5. Disclaimers. We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Just Enough Wines websites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors or termination of any services, products or the Program. 6. Assignment and Successors. You may not assign these terms and conditions, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these terms and conditions will be binding on, inure to the benefit of, and be enforceable against, the parties and their respective successors and assigns. 7. Injunctive Relief. You expressly agree that your violation of these terms and conditions will cause irreparable harm to Just Enough Wines, and that a remedy at law would be inadequate. Therefore, in addition to any and all remedies available at law, we will be entitled to seek an injunction or other equitable remedies in all legal proceedings in the event of any threatened or actual violation of any or all of the provisions hereof. 8. Governing Law, Jurisdiction, and Venue. These terms and conditions and the Program will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to the Terms and conditions must be brought only in the federal or state courts located in San Francisco, California, and you irrevocably consent to the jurisdiction of such courts. 9. Waiver. Our failure to enforce your strict performance of any provision of these terms and conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these terms and conditions. The failure of either party to enforce any right or remedy shall not be deemed a waiver of said right or remedy. 10. Publicity. Unless we provide explicit permission in writing, you may not utilize media releases of any kind to publicize your business relationship with us. You shall not use any Just Enough Wines mark, trademark, service mark, logo or any other information which identifies Just Enough Wines in sales, marketing and publicity activities and/or materials, including, but not limited to interviews with representatives of any written publication, television station or network, or radio station or network, and publication in any internet web site, digital media, print, video or audio media.
COUPONS: Only coupons provided through the Shareasale platform are valid for commission. Any promo code used that is not provided to your publisher account through this platform are subject to reversals.
FTC DISCLOSURE REQUIREMENTS: You shall include a disclosure statement within any and all pages/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.
PAID SEARCH TERMS: If Publisher engages in any keyword search marketing hereunder, Publisher shall (1) comply with all rules, requirements and terms of the particular search engine being used, (2) not infringe upon any trademark or other intellectual property rights of any third parties, and (3) comply with all terms and requirements of the Advertisers with respect to search marketing. Publisher shall also comply with the following: 1. Publisher may not bid on any of Merchant or Advertiser terms, including any variations or misspellings thereof, for search or content based campaigns on Google, Bing, Yahoo or any other network. 2. Publisher may not use Merchant or Advertiser terms in sequence with any other keyword. 3. Publisher may not use Merchant or Advertiser terms in its ad title, ad copy, display name or as the display url. 4. Publisher may not direct link to Merchant or Advertiser website from any pay per Click ad or use redirects that yield the same result. If Publisher automates its search campaigns, Publisher shall be responsible to exclude Merchant and Advertiser terms from its program. We have a strict no tolerance policy on search term bidding. We will not enter a discussion about when the violation started and when it stopped; you will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning.
