SleepOvation Baby Affiliate Agreement
May 2021
SleepOvation Baby Affiliate Terms & Conditions
Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. Each Affiliate is responsible for assuring that its employees, agents, and contractors comply with these terms and conditions.
ENROLLMENT
After joining the ShareASale network, your application will be considered for our program. We reserve the right to review and reject any application; however, 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.
WEBSITE RESTRICTIONS
Your participating website(s) may not:
• 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 contains 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. This includes toolbars, browser plug-ins, extensions and add-ons.
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.
• You will only use linking code obtained from the affiliate interface without manipulation.
• All domains that use your affiliate link must be listed in your affiliate profile.
• 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. 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).
• Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided, or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
TRANSACTION LOCK DATES
All sales will remain in a “sales pending period” and will not lock until at least 60 days following the date of the transaction. All payments will be processed by ShareASale on the 20th of the month following the lock date.
PPC GUIDELINES
If you are enrolled in our Program and participate in pay-per-click (“PPC”) advertising, you must adhere to our PPC guidelines as follows:
• You may not bid on any of our copywritten terms (SleepOvation Baby), including any variations or misspellings thereof for search or content based campaigns.
• You may not use our copywritten terms in sequence with any other keyword (i.e. SleepOvation Baby Coupons).
• You may not use our copywritten terms in your ad title, ad copy, and display name or as the display URL.
• You may not direct link to our website from any PPC ad or use redirects that yield the same result. Affiliates must be directed to an actual page on your website.
• You may not bid in any manner appearing higher than SleepOvation Baby for any search term in position 1-5 in any auction style PPC advertising program.
If you automate your PPC campaigns, it is your responsibility to exclude our copywritten terms from your program, and we strongly suggest you add our copywritten terms as negative keywords.
DOMAIN NAMES
Use of any of our copywritten terms as part of the domain or sub-domain for your website is strictly prohibited (i.e., SleepOvationBaby.website.com or www. SleepOvationBaby-coupons.com).
Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of SleepOvation Baby.
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.
• You ARE PROHIBITED from posting your affiliate links on SleepOvation Baby’s Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
• You ARE PROHIBITED from running Facebook ads with SleepOvation Baby’s copywritten company name.
• You ARE PROHIBITED from creating a social media account that includes SleepOvation Bab y’s trademark in the page name and/or username.
PROGRAM TERMINATION/CANCELLATION
SleepOvation Baby reserves and retains the right to terminate, cancel, or otherwise shut down the Program at any time for any reason or for no reason in SleepOvation Baby’s sole discretion. Any outstanding payments will be made in full, but any commissions that are accrued after termination of the Program will not be paid by SleepOvation Baby.
AFFILIATE TERMINATION/CANCELLATION
SleepOvation Baby reserves and retains the right to terminate, cancel, or otherwise shut down an affiliate from the program at any time for any reason or for no reason in SleepOvation Baby’s sole discretion. Any outstanding payments will be made in full, but any commissions that are accrued after termination of the affiliate will not be paid by SleepOvation Baby.
REVERSAL POLICY
We reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all pages, blog/posts, or social media 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.
Disclosures must be made as close as possible to the claims.
Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure should be visible before the jump).
Pop-up disclosures are prohibited.
For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements
Disclaimers; Limitations of Liability
No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
Affiliate Tool. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THE SHAREASALE AFFILIATE TOOL THAT YOU USE. WE DO NOT PROMISE TO MAKE THE AFFILIATE TOOL AVAILABLE TO YOU, AND WE MAY CHOOSE TO DO SO, OR NOT TO DO SO, IN OUR DISCRETION.
