Hast
Program Terms
HAST SHAREASALE AFFILIATE MARKETING PROGRAM AGREEMENT
Ordinary Projects, Inc. (hereinafter referred to as “The Company”) Affiliate Agreement
This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of The Company, and the establishment of links from your affiliate website to our website www.hast.co.
Definitions
Customer: The user sent to The Company site via affiliate link
Affiliate / You: The publisher advertising links/promotions of The Company
1 Enrollment in the Affiliate Program
First, you need to submit a complete Affiliate Program Application. We will evaluate your application and will notify you of your acceptance or rejection in 1 to 2 business days. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Affiliate Program for any reason. If we reject your application, you are welcome to reapply to the Affiliate Program at any time.
2 Prohibited Sites/Verbiage
? Sites that 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 contain 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.
? Mislead customers as to the products or services available on Your Website or on the Hast website, located at www.Hast.co (the "Hast Site").
3 Spam
Affiliate agrees to not utilize SPAM in promoting The Company. This action will result in the immediate termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of The Company’s Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by The Company. Any service interruptions to The Company’s website as a result of Affiliates spamming will be billed to Affiliate at 500 U.S. dollars per hour until service is restored.
For the purpose of this agreement SPAM is defined as emailing ANYONE, in bulk or by single mailing, about The Company, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this are:
? Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Affiliate resulting in suspension or termination.
? You may include information on The Company in email Acknowledgement Messages for orders and inquiries that you receive so long as it is stated upfront that you will be sending them an acknowledgement. The Company also considers ANY type of advertisement about The Company posted to a Newsgroup or Chat Room to be spam.
4 Promotion of Our Affiliate Relationship
As an Affiliate Site, we will make available to you Links (each of these links sometimes be-ing referred to herein as "Links" or, individually, as a "Link") and banners, which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.
Links TO OUR WEBSITE
? Upon acceptance into the Program, links will be made available to you through the Shareasale.com affiliate website. Your acceptance in our Program means you agree to abide by the following:
? You will only use linking code obtained from the Shareasale.com affiliate website without manipulation.
? All domains that use your affiliate link must be listed in your affiliate profile on the Shareasale.com affiliate website.
? Affiliates may not advertise our products on websites that they do not own, including, for instance, Google Product Search, Amazon, eBay or any comparison shopping engines such as Shopzilla or Pricegabber.
? Your Website will not in any way copy, resemble, or mirror the look and feel of the Hast Site. You will also not use any means to create the impression that Your Website is the Hast Site or any part of the Hast Site including, without limitation, framing the Hast Site 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).
? You may not use 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.
? You may not create any links that lead the customer to a destination site that is not clearly suggested by the content of the starting site.
? You may not create affiliate tracking links that also contain a tracking link for other referral programs ("Other Referral Programs"). Affiliates are permitted to participate in either the Program or Other Referral Programs but individual links must be specific and exclusive to one of the programs. By participating in this Program, you agree not to claim commission or credit from both the Program and from our Other Referral Programs for the same user.
? You may not use your affiliate links to claim commissions for your own purchases on Hast.co.
5 Agreements Regarding Links:
In utilizing Links, you also agree that you will display on your site only those graphic images (indicating a Link) that are provided by us, and you will substitute such images with any new images provided by us from time to time throughout the term of this Agreement. All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel or functionality of our site. In addition, we encourage (but do not require) you to include a Link to the home page of our site.
6 PPC Bidding Rules
Publishers are prohibited to bid on the following:
? Branded/trademarked terms
? Derivatives of branded/trademarked terms
? Broad-match based on branded/trademarked terms
Paid Search publishers are also not allowed to use the brand name hast in:
? Display URL
? Title & Ad Copy
You may bid on the branded/trademarked terms of hast's competitors, as well as link directly to hast from a Paid Search Ad.
Affiliates are also prohibited from bidding on the following trademarks, domain names and or variations of them:
? hast
? hast Kitchen
? hast kitchen knives
? hast design kitchen knives
? hast powder steel kitchen knives
? hast knife set
? hast Chef’s knife
? hast chef knife
? hast santoku knife
? hast bread knife
? hast paring knife
? hast utility knife
? hast boning knife
? hast design knife set
? hast minimalist design knife
7 Our Responsibilities
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing every order placed by a customer following a special Link from your site, for tracking the volume and amount of sales generated by your site, and for providing information to Affiliate Sites regarding sales statistics. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.
8 Other Responsibilities and Opportunities of Affiliate Sites
If you qualify and agree to participate as an Affiliate Site, you shall display Links prominently throughout your site as you see fit and with our consent.
Contests and Promotions:
? As an Affiliate Site, you will be entitled to participate and promote on your site any sweepstakes, contests, and special promotions we may offer. In addition, you will be entitled to earn commissions as set forth.
? Only offers and promotional tools provided explicitly by The Company for use on an affiliate site are valid.
? The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this agreement
Compliance with the Agreement:
? We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
? We will monitor for FTC compliance to ensure disclosures are adequately added
9 Reports of Sales
You will be given a user name and password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis.
10 COUPON GUIDELINES
If you are enrolled in our Program and Your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
? You may ONLY advertise coupon codes that are provided to you through the Program or that are displayed on the Hast Site. Posting any information about how to work around the requirements of a coupon/promotion (i.e. first time customers only) will result in your 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 an 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 advertising 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 Website to get this deal.
? Additionally, if (a) Your Website ranks on the first page of Google ad results for terms related to Hast combined with the words coupon, coupons, coupon code, promo code, or any similar term and (b) your conversion rate exceeds 25%, then you will be entitled to a lower commission than our standard rate to offset the reduced profitability of orders, which rate is currently 2%.
11 DOMAIN NAMES Use of any of our Trademarks as part of the domain or sub-domain (for example Hast.website.co or www.Hast-coupons.co) for Your Website is strictly prohibited.
12 ADVERTISING & PUBLICITY Upon acceptance into the Program, Hast grants to you a nonexclusive, nontransferable license (the "License") to use certain banner advertisements, button links, text links, and/or other graphic or textual material (the "Promotional Materials") for display and use on Your Website. The term of the License shall expire upon the expiration or termination of this Agreement. You may not subcontract, assign, resell, lease, or sublicense any part of your participation in the Program or run a sub-affiliate program. Hast may make Promotional Materials available to you to display and use on Your Website provided that the manner of display complies with the following requirements:
? You may only use the Promotional Materials to promote the Hast Site (and the products available thereon), and for linking to the Hast Site.
? You shall use only such links to the Hast Site as are provided to you by Hast.
? You shall not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Hast without consent from Hast. If you wish to alter or otherwise modify the Promotional Materials, you must obtain prior written consent from Hast for such alteration of modification.
? You shall not use the Promotional Materials to promote the Hast Site (and the products available thereon) to customers who are not physically located in the United States.
? You shall not create, publish, distribute, or print any written materials that make reference to our Program unless you adhere to the following:
? Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to the distribution of any written materials.
? E-mails must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Hast.
? Promotion through Google Shopping / Product Listing Ads are not allowed unless express permission is provided.
13 Your Responsibilities
You are solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable copyright, FTC disclosure and other laws. You must have express permission to use another party’s copyrighted or other proprietary material. We are not responsible for violations.
14 Policies and Pricing
Customers who buy The Company’s products through the Affiliate Program will be deemed to be customers of The Company. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for our products sold under the Affiliate Program in accordance with our own pricing policies. Our prices and product availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you should update pricing often or not include price information in your product descriptions.
Customers sent to The Company must be the end user of the product/service. If Affiliate is placing order on behalf of the customer, approval of this promotional method must be explicitly provided by The Company.
15 Licenses and Use of the The Company’s logos and Trademarks
? WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR THE COMPANY. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATES PROGRAM.
? You shall not make any specific use of any Licensed Materials for purposes other than selling products on your site for The Company, without first submitting a sample of such to us and obtaining the prior written consent of The Company’s Affiliate Program Manager, which shall not be unreasonably withheld. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice.
16 AFFILIATE COMMISSIONS Upon acceptance into the Program, you will be eligible to receive an affiliate commission (the "Commission") for the successful completion of Eligible Purchases. An "Eligible Purchase" occurs when a customer (not you) clicks-through the link (supplied by Hast to you) to the Hast Site and successfully completes a purchase for which Hast receives and retains payment. To be an Eligible Purchase, the sale must be completed by a customer that is physically located in the United States. The current rates of Commission shall be set forth in your Shareasale.com affiliate program located on the Shareasale.com affiliate website. Hast reserves the right to modify the Commission rate from time to time, in its sole discretion. Hast is responsible for authorizing Commission payments and Shareasale.com will be solely responsible for fulfilling and transferring all Commission payments in accordance with the Shareasale.com Agreement. Hast will be entitled to withhold, deduct and set off from any payments to be made to you hereunder any sums owed by you to Hast, whether in connection with this Agreement (including any breach hereof by you) or otherwise.
17 DISCLAIMER YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL Hast BE LIABLE TO YOU UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Hast’S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT. Hast DOES NOT WARRANT OR GUARANTEE ANY RESULTS OF PARTICIPATION IN THE PROGRAM. ALL PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU RECOGNIZE THAT THESE DISCLAIMERS ARE AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH Hast WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. Hast DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY (TO THE EXTENT PERMITTED BY LAW), REGARDING THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF Hast WHATSOEVER.
18 INDEMNIFICATION YOU SHALL INDEMNIFY AND HOLD HARMLESS Hast FROM ANY CLAIM, DAMAGE, LAWSUIT, ACTION, COMPLAINT, OR OTHER COSTS ARISING OUT OF ANY WRONGFUL ACT RELATED IN ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR BREACH OF THIS AGREEMENT. YOU SHALL ALSO INDEMNIFY AND HOLD HARMLESS Hast FROM ANY DAMAGE, LOSS OR OTHER COST ARISING OUT OF THE USE OR MISUSE BY YOU OF THE TRADEMARKS OR PROMOTIONAL MATERIALS.
19 CONFIDENTIALITY Any information that you are exposed to by virtue of your participation in the Program, which information is not available to the general public, shall be considered to be "Confidential Information." You may not disclose any Confidential Information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from Hast. You shall not use any Confidential Information except to the extent necessary to fulfill the purposes of this Agreement.
20 TERMINATION Your participation in the Program shall begin upon your acceptance as an affiliate by Hast and shall end when terminated by either party. Either party may terminate such status at any time, with or without cause. Upon termination, all licenses granted to you pursuant to the Program shall cease and you shall use best efforts to immediately remove all codes and links, references on Your Website regarding Hast, and cease any and all use of Promotional Materials, Trademarks or any other trade or service marks, trade names or any other items received through or used in connection with such Program. Subject to Section 13, upon the termination of your participation in the Program for any reason, you will be entitled to receive Commissions only on Eligible Purchases that occurred prior to such termination. Hast reserves the right to terminate the Program at any time upon notice to you.
21 COMPLIANCE WITH LAWS In connection with your participation in this Program, you will comply with all applicable laws, rules and regulations, including but not limited to the following laws, rules and regulations governing marketing and promotions:
? The CAN-SPAM Act of 2003
? Section 5 of the FTC Act
? The FTC's disclosure rules regarding endorsements
22 To comply with the FTC's disclosure rules regarding endorsements, you shall include a disclosure statement within any and all pages/posts where affiliate links for the 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 our designated affiliate management team for review, this also must be clearly stated in your disclosure.
23 MODIFICATION We may modify these terms and conditions at any time, at our sole discretion. If you disagree with any modification, your only recourse is to terminate this Agreement. You agree that, if you continue to participate in the Program following a posted modification, your continued participation constitutes binding acceptance of the modified term.
24 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 Hast through Wednesday with code Hast25.”
? You are PROHIBITED from posting your affiliate links on Hast’s Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
25 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.
26 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.
27 GENERAL
? Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.
? Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of Hast, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
? Nonwaiver. Any failure by Hast to insist upon or enforce performance by you of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.
? Relation to Other Agreements. In the event of any conflict or inconsistency between this Agreement and the Shareasale.com Agreement, the provisions of this Agreement shall prevail.
? Entire Agreement. This Agreement sets forth our entire agreement with respect to your participation in the Program.
Ordinary Projects, Inc. (hereinafter referred to as “The Company”) Affiliate Agreement
This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of The Company, and the establishment of links from your affiliate website to our website www.hast.co.
Definitions
Customer: The user sent to The Company site via affiliate link
Affiliate / You: The publisher advertising links/promotions of The Company
1 Enrollment in the Affiliate Program
First, you need to submit a complete Affiliate Program Application. We will evaluate your application and will notify you of your acceptance or rejection in 1 to 2 business days. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Affiliate Program for any reason. If we reject your application, you are welcome to reapply to the Affiliate Program at any time.
2 Prohibited Sites/Verbiage
? Sites that 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 contain 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.
? Mislead customers as to the products or services available on Your Website or on the Hast website, located at www.Hast.co (the "Hast Site").
3 Spam
Affiliate agrees to not utilize SPAM in promoting The Company. This action will result in the immediate termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of The Company’s Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by The Company. Any service interruptions to The Company’s website as a result of Affiliates spamming will be billed to Affiliate at 500 U.S. dollars per hour until service is restored.
For the purpose of this agreement SPAM is defined as emailing ANYONE, in bulk or by single mailing, about The Company, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this are:
? Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Affiliate resulting in suspension or termination.
? You may include information on The Company in email Acknowledgement Messages for orders and inquiries that you receive so long as it is stated upfront that you will be sending them an acknowledgement. The Company also considers ANY type of advertisement about The Company posted to a Newsgroup or Chat Room to be spam.
4 Promotion of Our Affiliate Relationship
As an Affiliate Site, we will make available to you Links (each of these links sometimes be-ing referred to herein as "Links" or, individually, as a "Link") and banners, which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.
Links TO OUR WEBSITE
? Upon acceptance into the Program, links will be made available to you through the Shareasale.com affiliate website. Your acceptance in our Program means you agree to abide by the following:
? You will only use linking code obtained from the Shareasale.com affiliate website without manipulation.
? All domains that use your affiliate link must be listed in your affiliate profile on the Shareasale.com affiliate website.
? Affiliates may not advertise our products on websites that they do not own, including, for instance, Google Product Search, Amazon, eBay or any comparison shopping engines such as Shopzilla or Pricegabber.
? Your Website will not in any way copy, resemble, or mirror the look and feel of the Hast Site. You will also not use any means to create the impression that Your Website is the Hast Site or any part of the Hast Site including, without limitation, framing the Hast Site 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).
? You may not use 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.
? You may not create any links that lead the customer to a destination site that is not clearly suggested by the content of the starting site.
? You may not create affiliate tracking links that also contain a tracking link for other referral programs ("Other Referral Programs"). Affiliates are permitted to participate in either the Program or Other Referral Programs but individual links must be specific and exclusive to one of the programs. By participating in this Program, you agree not to claim commission or credit from both the Program and from our Other Referral Programs for the same user.
? You may not use your affiliate links to claim commissions for your own purchases on Hast.co.
5 Agreements Regarding Links:
In utilizing Links, you also agree that you will display on your site only those graphic images (indicating a Link) that are provided by us, and you will substitute such images with any new images provided by us from time to time throughout the term of this Agreement. All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel or functionality of our site. In addition, we encourage (but do not require) you to include a Link to the home page of our site.
6 PPC Bidding Rules
Publishers are prohibited to bid on the following:
? Branded/trademarked terms
? Derivatives of branded/trademarked terms
? Broad-match based on branded/trademarked terms
Paid Search publishers are also not allowed to use the brand name hast in:
? Display URL
? Title & Ad Copy
You may bid on the branded/trademarked terms of hast's competitors, as well as link directly to hast from a Paid Search Ad.
Affiliates are also prohibited from bidding on the following trademarks, domain names and or variations of them:
? hast
? hast Kitchen
? hast kitchen knives
? hast design kitchen knives
? hast powder steel kitchen knives
? hast knife set
? hast Chef’s knife
? hast chef knife
? hast santoku knife
? hast bread knife
? hast paring knife
? hast utility knife
? hast boning knife
? hast design knife set
? hast minimalist design knife
7 Our Responsibilities
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing every order placed by a customer following a special Link from your site, for tracking the volume and amount of sales generated by your site, and for providing information to Affiliate Sites regarding sales statistics. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.
8 Other Responsibilities and Opportunities of Affiliate Sites
If you qualify and agree to participate as an Affiliate Site, you shall display Links prominently throughout your site as you see fit and with our consent.
Contests and Promotions:
? As an Affiliate Site, you will be entitled to participate and promote on your site any sweepstakes, contests, and special promotions we may offer. In addition, you will be entitled to earn commissions as set forth.
? Only offers and promotional tools provided explicitly by The Company for use on an affiliate site are valid.
? The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this agreement
Compliance with the Agreement:
? We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
? We will monitor for FTC compliance to ensure disclosures are adequately added
9 Reports of Sales
You will be given a user name and password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis.
10 COUPON GUIDELINES
If you are enrolled in our Program and Your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
? You may ONLY advertise coupon codes that are provided to you through the Program or that are displayed on the Hast Site. Posting any information about how to work around the requirements of a coupon/promotion (i.e. first time customers only) will result in your 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 an 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 advertising 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 Website to get this deal.
? Additionally, if (a) Your Website ranks on the first page of Google ad results for terms related to Hast combined with the words coupon, coupons, coupon code, promo code, or any similar term and (b) your conversion rate exceeds 25%, then you will be entitled to a lower commission than our standard rate to offset the reduced profitability of orders, which rate is currently 2%.
11 DOMAIN NAMES Use of any of our Trademarks as part of the domain or sub-domain (for example Hast.website.co or www.Hast-coupons.co) for Your Website is strictly prohibited.
12 ADVERTISING & PUBLICITY Upon acceptance into the Program, Hast grants to you a nonexclusive, nontransferable license (the "License") to use certain banner advertisements, button links, text links, and/or other graphic or textual material (the "Promotional Materials") for display and use on Your Website. The term of the License shall expire upon the expiration or termination of this Agreement. You may not subcontract, assign, resell, lease, or sublicense any part of your participation in the Program or run a sub-affiliate program. Hast may make Promotional Materials available to you to display and use on Your Website provided that the manner of display complies with the following requirements:
? You may only use the Promotional Materials to promote the Hast Site (and the products available thereon), and for linking to the Hast Site.
? You shall use only such links to the Hast Site as are provided to you by Hast.
? You shall not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Hast without consent from Hast. If you wish to alter or otherwise modify the Promotional Materials, you must obtain prior written consent from Hast for such alteration of modification.
? You shall not use the Promotional Materials to promote the Hast Site (and the products available thereon) to customers who are not physically located in the United States.
? You shall not create, publish, distribute, or print any written materials that make reference to our Program unless you adhere to the following:
? Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to the distribution of any written materials.
? E-mails must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Hast.
? Promotion through Google Shopping / Product Listing Ads are not allowed unless express permission is provided.
13 Your Responsibilities
You are solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable copyright, FTC disclosure and other laws. You must have express permission to use another party’s copyrighted or other proprietary material. We are not responsible for violations.
14 Policies and Pricing
Customers who buy The Company’s products through the Affiliate Program will be deemed to be customers of The Company. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for our products sold under the Affiliate Program in accordance with our own pricing policies. Our prices and product availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you should update pricing often or not include price information in your product descriptions.
Customers sent to The Company must be the end user of the product/service. If Affiliate is placing order on behalf of the customer, approval of this promotional method must be explicitly provided by The Company.
15 Licenses and Use of the The Company’s logos and Trademarks
? WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR THE COMPANY. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATES PROGRAM.
? You shall not make any specific use of any Licensed Materials for purposes other than selling products on your site for The Company, without first submitting a sample of such to us and obtaining the prior written consent of The Company’s Affiliate Program Manager, which shall not be unreasonably withheld. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice.
16 AFFILIATE COMMISSIONS Upon acceptance into the Program, you will be eligible to receive an affiliate commission (the "Commission") for the successful completion of Eligible Purchases. An "Eligible Purchase" occurs when a customer (not you) clicks-through the link (supplied by Hast to you) to the Hast Site and successfully completes a purchase for which Hast receives and retains payment. To be an Eligible Purchase, the sale must be completed by a customer that is physically located in the United States. The current rates of Commission shall be set forth in your Shareasale.com affiliate program located on the Shareasale.com affiliate website. Hast reserves the right to modify the Commission rate from time to time, in its sole discretion. Hast is responsible for authorizing Commission payments and Shareasale.com will be solely responsible for fulfilling and transferring all Commission payments in accordance with the Shareasale.com Agreement. Hast will be entitled to withhold, deduct and set off from any payments to be made to you hereunder any sums owed by you to Hast, whether in connection with this Agreement (including any breach hereof by you) or otherwise.
17 DISCLAIMER YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL Hast BE LIABLE TO YOU UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Hast’S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT. Hast DOES NOT WARRANT OR GUARANTEE ANY RESULTS OF PARTICIPATION IN THE PROGRAM. ALL PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU RECOGNIZE THAT THESE DISCLAIMERS ARE AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH Hast WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. Hast DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY (TO THE EXTENT PERMITTED BY LAW), REGARDING THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF Hast WHATSOEVER.
18 INDEMNIFICATION YOU SHALL INDEMNIFY AND HOLD HARMLESS Hast FROM ANY CLAIM, DAMAGE, LAWSUIT, ACTION, COMPLAINT, OR OTHER COSTS ARISING OUT OF ANY WRONGFUL ACT RELATED IN ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR BREACH OF THIS AGREEMENT. YOU SHALL ALSO INDEMNIFY AND HOLD HARMLESS Hast FROM ANY DAMAGE, LOSS OR OTHER COST ARISING OUT OF THE USE OR MISUSE BY YOU OF THE TRADEMARKS OR PROMOTIONAL MATERIALS.
19 CONFIDENTIALITY Any information that you are exposed to by virtue of your participation in the Program, which information is not available to the general public, shall be considered to be "Confidential Information." You may not disclose any Confidential Information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from Hast. You shall not use any Confidential Information except to the extent necessary to fulfill the purposes of this Agreement.
20 TERMINATION Your participation in the Program shall begin upon your acceptance as an affiliate by Hast and shall end when terminated by either party. Either party may terminate such status at any time, with or without cause. Upon termination, all licenses granted to you pursuant to the Program shall cease and you shall use best efforts to immediately remove all codes and links, references on Your Website regarding Hast, and cease any and all use of Promotional Materials, Trademarks or any other trade or service marks, trade names or any other items received through or used in connection with such Program. Subject to Section 13, upon the termination of your participation in the Program for any reason, you will be entitled to receive Commissions only on Eligible Purchases that occurred prior to such termination. Hast reserves the right to terminate the Program at any time upon notice to you.
21 COMPLIANCE WITH LAWS In connection with your participation in this Program, you will comply with all applicable laws, rules and regulations, including but not limited to the following laws, rules and regulations governing marketing and promotions:
? The CAN-SPAM Act of 2003
? Section 5 of the FTC Act
? The FTC's disclosure rules regarding endorsements
22 To comply with the FTC's disclosure rules regarding endorsements, you shall include a disclosure statement within any and all pages/posts where affiliate links for the 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 our designated affiliate management team for review, this also must be clearly stated in your disclosure.
23 MODIFICATION We may modify these terms and conditions at any time, at our sole discretion. If you disagree with any modification, your only recourse is to terminate this Agreement. You agree that, if you continue to participate in the Program following a posted modification, your continued participation constitutes binding acceptance of the modified term.
24 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 Hast through Wednesday with code Hast25.”
? You are PROHIBITED from posting your affiliate links on Hast’s Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
25 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.
26 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.
27 GENERAL
? Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.
? Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of Hast, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
? Nonwaiver. Any failure by Hast to insist upon or enforce performance by you of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.
? Relation to Other Agreements. In the event of any conflict or inconsistency between this Agreement and the Shareasale.com Agreement, the provisions of this Agreement shall prevail.
? Entire Agreement. This Agreement sets forth our entire agreement with respect to your participation in the Program.