At Dad Grass, we value our affiliates and look forward to working with you. This following agreement is designed to protect you, the affiliate, as well as the Dad Grass brand. Please review and do not hesitate to reach out with any questions.
Please reach us at affiliates@dadgrass.com
1. Overview
This agreement is between Dad Grass, LLC (“Company”, “Dad Grass”, “We”, “we”, “our”) and the affiliate (“Affiliate”). By applying to and joining the Dad Grass affiliate program (“Program”, “The Program”), or accessing an affiliate link from a third party or other partner within the Program, Affiliate agrees to the following rules, regulations, and terms and conditions.
2. Use of Trademarks
Dad Grass does not allow the use of our trademarks or partner / collaborator trademarks, URL’s, misspellings, extensions or any variation within the goal of optimizing for them. Below are guidelines to follow.
PPC – Affiliate may not bid or use any of our trademarks or partner / collaborator trademarks, names, extensions or variations as keywords for any PPC network, content network, search engine, media buy, or anything similar. Please also add "Dad Grass", "Mom Grass", and "DadGrass.com" to Affiliate's negative keywords list.
Social Media – Affiliate may not use the Dad Grass name or any variation of our brands as hashtags, pretend to be us, represent us or be endorsed or sponsored by Dad Grass. Affiliate may not create any account using our name or post any messages, include our materials or links to any Dad Grass account or profile. You also agree to not tag, call out or link to our social profiles without written approval by Dad Grass.
SEO – You may not build pages, websites, blogs or domains that optimize for Dad Grass including modifiers and extensions. This includes terms like Dad Grass reviews, Dad Grass coupons, Dad Grass.com discounts, Dad Grass free trial, Dad Grass cash back, Dad Grass app, or anything similar. If you build a URL like URL.com/Dad Grass-coupons.html, we will ask you to include a no index tag and block access to the page via Affiliate's site’s robots.txt. This is to help ensure that the dedicated page cannot be indexed in the search engines.
If any of these guidelines are not adhered to, Dad Grass reserves the right to immediately reverse Affiliate’s affiliate commissions to $0.00 and possibly remove Affiliate from Program. This will be at the sole discretion of the affiliate manager.
3. Advertising Disclosures
Affiliate agrees to always use advertising disclosures adhering to FTC guidelines, whether on the Affiliate’s main URL or any social media site, email campaign or marketing piece. They must appear on any and every webpage that uses affiliate links and before any affiliate links are visible. The advertising disclosure cannot be in the following locations:
a. Popup windows
b. Drop-down menus
c. Footers
d. Bottom of blog posts
e. Require a user to click to another page to read it
f. Appear at the bottom of a page
g. Anywhere else that would appear after an affiliate link or where they are not easily visible.
h. Failure to use a proper advertising disclosure will result in an immediate removal from the Dad Grass program and/or all commissions being reversed regardless of origin.
i. Affiliate also agrees to take on any and all financial and legal liabilities or issues that arise for Dad Grass and any legal and financial liabilities or issues that arise because of Affiliate’s lack of disclosures to the affiliate management agency because Affiliate did not use a disclosure properly or at all.
4. Coupon & Loyalty Sites
If Affiliate runs a deals, coupon or loyalty site, please read the following closely. If we find any of the following, and Affiliate does not have written approval or permission from the current affiliate manager, we may reverse all commissions both current and previous, and you may be removed from the program without warning.
Dad Grass does not allow the following:
a. Hidden codes – Affiliate cannot hide, have click to reveal or block users from accessing a deal, coupon or discount code.
b. Expired codes – Affiliate cannot post any deal or discount code that is expired and all codes on Affiliate's site must be current, active and approved.
c. Non affiliate codes – Affiliate cannot use any code, discount or deal that is not provided inside the affiliate network.
d. Nonexistent codes or deals – Affiliate cannot post that there is a deal or discount available if we are not offering one through our affiliate program.
e. Pages to rank for URL + modifiers – Affiliate cannot create indexable pages that are built to rank for our URL or brand + coupons, deals, discounts, savings, etc… This also includes our branded terms + modifiers like cash back, promo codes, vouchers and reviews.
f. Posting codes to properties you do not own – Affiliate cannot post codes, coupons or deals to websites and web properties you do not own. You can however post to Affiliate's own social media accounts, as long as you follow our trademark, social media, advertising disclosure and branding guidelines.
5. Email marketing
Affiliate may use mailings to customers to promote Dad Grass so long as the recipient is already subscribed through the CAN-SPAM laws, and recipients have the option to remove themselves from future mailings.
6. Functional tracking links
Affiliate will use all reasonable efforts to ensure the Affiliate Link works on all webpages and in all approved Affiliate promotional channels, and that any visitor who clicks on the Affiliate Link will be connected to the Dad Grass’s website.
7. No misleading information
Affiliate will display the Affiliate Link in a manner that does not reflect adversely on Dad Grass or mislead visitors.
8. Additional Guidelines
Dad Grass does not allow Adware, Link Cloaking, or Auto Monetization tools or scripts. For the avoidance of doubt, brief definitions have been provided as guidelines. These definitions may not cover the full scope of use-cases, so please review before employing any programs that may fall under these categories:
a. Adware is anything that can interrupt the shopping process, traffic, disrupt the end user experience or be used to display an ad.
b. Link cloaking is the process of disguising the affiliate link URL, provided by an affiliate program, to obfuscate Affiliate's affiliate ID and make the link shorter.
c. Auto Monetization is anything that interrupts the current shopping process such as turning direct links into affiliate links with javascripts, toolbars, contextual software.
9. Payment
Dad Grass uses a third party, Shareasale, to handle all of the tracking and payment. Please refer to the network’s terms and conditions for more information.
10. Taxes
Dad Grass shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s receipt of Commissions under this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate. Affiliate shall indemnify and hold Dad Grass harmless in any action or audit relating to Affiliate’s failure to pay taxes to applicable jurisdictions.
11. Disclaimers
In addition to FTC guidelines, our products, excluding branded merchandise, can only be legally purchased by individuals 21 years of age and older who reside in the United States. When promoting our products, Affiliate will follow all legal protocol and add disclaimers. Failure to do so will result in immediate removal from the program without warning and all commissions being reversed. The disclaimers must be compliant with the United States of America and every country Affiliate's audience will be exposed to the affiliate links and advertisement.
12. PROMOTIONAL MATERIALS.
Dad Grass shall make available to Affiliate certain advertisements, button links, text links, and/or other graphic or textual material for display to promote our Product (the “Promotional Materials”). Affiliate shall include a link from the Promotional Materials to our Product, as specifically specified by us. Affiliate’s use and display of the Promotional Materials shall conform to the following terms, conditions and specifications:
a. Affiliates may not use any graphic, textual or other materials to promote our Product other than the Promotional Materials, unless we agree to such other materials in writing prior to their display.
b. Affiliate may only use the Promotional Materials for the purpose of promoting our Product (and the products and services available thereon), and for linking to our Product.
c. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared and provided to Affiliate by us. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain our prior written consent for such alteration of modification in each instance.
d. The Promotional Materials will be used to link only to our Product, to the specific page and address as specified by us.
13. Licensed Materials
Dad Grass grants Affiliate a non-exclusive, non-transferable, revocable right to (i) access our site through affiliate 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 Dad Grass's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Dad Grass’s and the good will associated therewith will insure to the sole benefit of Dad Grass.
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. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
14. Disclaimer.
DAD GRASS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING DAD GRASS's SERVICE AND WEB SITE OR THE PRODUCTS PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF DAD GRASS's ABILITY, 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.
15. Representations and Warranties. Affiliate represents and warrants that: This Agreement has been duly and validly executed and delivered by Affiliate and constitutes Affiliate's legal, valid, and binding obligation, enforceable against you in accordance with its terms. Affiliate has the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform Affiliate's obligations under this Agreement, without the approval or consent of any other party. Affiliate has sufficient right, title, and interest in and to the rights granted to us in this Agreement.
16. Limitations of Liability. DAD GRASS WILL NOT BE LIABLE TO AFFILIATE 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, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL DAD GRASS'S CUMULATIVE LIABILITY TO AFFILIATE ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO AFFILIATE UNDER THIS AGREEMENT.
17. Indemnification. Affiliate hereby agrees to indemnify and hold harmless Dad Grass, 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) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) 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 and agreement made by Affiliate herein, or (iii) any claim related to Affilate’s site, including, without limitation, content therein not attributable to us.
18. 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.
19. Miscellaneous. Affiliate agrees they are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Affiliate and Dad Grass. Affiliate will have no authority to make or accept any offers or representations on our behalf. Affiliate will not make any statement, whether on Affiliate’s Site or any other of Affiliate’s Site or otherwise, that reasonably would contradict anything in this Section. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws and principles thereof. Affiliate may not amend or waive any provision of this Agreement unless in writing and signed by both parties. This Agreement represents the entire agreement between Dad Grass and Affiliate, and shall supersede all prior agreements and communications of the parties, oral or written. 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. 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.
20. Termination
Dad Grass and Affiliate both reserve the right to immediately end this Agreement with written notice to the other party.
21. Terms of Service (“TOS”) Changes
It is Affiliate’s responsibility to check our TOS as we will update them on occasion. However, Dad Grass will do its best to communicate changes with reasonable advance notice.
