Additional Program Terms
Affiliate Acceptance
Your submission of an application to participate in our program means that you agree to be bound by the terms of our program. Once you complete an application to become an affiliate, we will review your application and notify you whether you have been accepted to participate in our program. Before we accept an application, we may want to review your application with you, so we may reach out to you for more information.
Relationship of the Parties
Both you and Set & Stones agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of you participating in our program. You will not make any statement, whether on your website, social media pages, or on any other forum that reasonably would contradict anything in this section.
Non-Exclusivity
Participation in our program does not create an exclusive relationship between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the sale and use of similar products of third parties.
Affiliate Disclosure
You are responsible for providing all necessary disclaimers as required by the FTC. This means that you are responsible for telling your audience that you are getting compensated for promoting Set & Stones’ products. You agree to not hold Set & Stones liable for any damages resulting from your failure to provide an adequate FTC disclaimer.
Trademarks
You grant to us a nonexclusive, nontransferable, royalty-free right to use and display your trademarks, service marks and logos in connection with our program.
During the term of this relationship, in the event that we make our trademark available to you, you may use our trademark as long as you follow the usage requirements in this section. You must: (i) only use the images of our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection with our program; and (iii) immediately comply if we request that you discontinue use. You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor or approve of your services or products, unless being used to advertise and/or sell our products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
We grant to you only the rights and licenses expressly stated in our program terms, and you receive no other rights or licenses with respect to us, our products, our trademarks, or any other property or rights of ours.
Name and Likeness
By participating in our program, you grant us the right to use your name and likeness in connection with the advertising and promotion of Set & Stones’ products and business.
Participation in our program does not grant you the right to use the name and likeness of Set & Stones, except as set forth in our program terms.
Monitoring your Website and Social Media Pages
We have the right to monitor your website and social media pages at any time to determine if you are following the terms of our program. We may notify you of any changes to your website and social media pages that we feel should be made, or to make sure that your links to us are appropriate and to notify you of any changes that we feel should be made. If you do not make the changes to your website and social media pages that we feel are necessary, we reserve the right to terminate your participation in our program immediately and cease any payments.
Compliance with Applicable Laws
You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply, with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to Set & Stones’ products. You will not directly or indirectly export, re-export, or transfer any of Set & Stones’ products to prohibited countries or individuals or permit use of Set & Stones’ products by prohibited countries or individuals. It is your responsibility to become informed of any applicable laws as Set & Stones will not be held liable for any damages resulting from your failure to follow applicable laws.
Indemnification
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your websites, social media pages, advertising, and sales. 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.
Term and Termination
This relationship will begin upon our acceptance of your application and will continue unless terminated hereunder.
Either you or Set & Stones may end this relationship AT ANY TIME, with or without cause, by giving the other party written notice. In addition, this relationship will terminate immediately upon any breach of the terms of our program.
We reserve the right to terminate this relationship and your participation in our program immediately and without notice to you should you commit fraud in your use of our program or should you abuse this program in any way. If such fraud or abuse is detected, we shall not be liable to you for any commissions for such fraudulent sales.
Upon termination of this relationship for any reason, you will immediately cease all use of any materials provided to you by us, cease all use of our trademarks, and cease all association with Set & Stones.
Modification
We may modify any of the terms of this relationship at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and our program terms or requirements. If any modification is unacceptable to you, your only option is to end this relationship. Your continued participation in our program following the posting or the communication of any changes to our program will indicate your agreement to the changes.
Promotion Restrictions
You are free to promote your own websites and social media pages, but naturally any promotion that mentions Set & Stones could be perceived by the public as a joint effort. You should know that certain forms of advertising are always prohibited by us. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. 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 Set & Stones 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. At all times, you must clearly represent yourself and your websites and social media pages as independent from Set & Stones. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this relationship and your participation in our program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Opting Out and Unsubscribing
You will comply promptly with all opting out, unsubscribe, “do not call,” and “do not send” requests. For the duration of this relationship, you will establish and maintain systems and procedures appropriate to effectuate all opt out, unsubscribe, “do not call,” and “do not send” requests.
Pay Per Click Bidding
If you use among other keywords, or bid, on Pay-Per-Click campaigns on keywords such as setandstones.com, set and stones, set & stones, www.setandstones, www.setandstones.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to your own website prior to re-directing it to Set & Stones website, you will be subject to removal from our program. We will do everything possible to contact you prior to the removal. However, we reserve the right to remove you from our program on the first occurrence of such PPC bidding behavior.
You are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Set & Stones’ service).
Non-Disparagement
Both you and Set & Stones agree not to use the other's proprietary materials, name, or likeness, in any manner that is disparaging, misleading, obscene or that otherwise portrays the other in a negative light.
No Assignment
Your relationship with us is not transferable. You may not assign or transfer any rights provided to you through our program terms including, any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law.
Applicable Law
The terms of our program shall be governed by the laws of California, without regard to the conflict of laws and principles thereof. In the event either of us initiates an action in connection with our relationship or any other dispute between us, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in San Diego, California.
