I. FOREWARD
The purpose of this agreement is to establish a relationship between Saltair (“the brand”, “we”) and its affiliates (“you”). We look forward to working with you and hope this agreement will ensure a long and mutually beneficial relationship. If you have any questions, comments or concerns, please do not hesitate to reach out by emailing info@Saltair.com
II. SUMMARY
Working with Saltair means you will be promoting its products through your network (which may include websites, social media, or other) in order to drive sales. There is no guaranteed payment for promotion unless explicitly communicated between the brand and the affiliate. The following rules are expected to be followed when promoting the Saltair Brand
- No affiliate with a website or brand that is deemed unsuitable will be accepted into the program.
- Affiliates should have value alignment with the Saltair Brand.
- All affiliate posts must comply with the FTC’s Endorsement Guidelines
- We do not allow gamification or order and then cancel / return. All commissions earned using this methodology will be voided.
By applying to join the affiliate program or participating in it you are confirming that you have read the agreement and the brand’s terms and conditions, and you agree to be bound by them. Not following the rules could mean termination from the affiliate program and forfeiting commission.
III. ENROLLMENT
To begin the enrollment process, you will submit a complete affiliate application via Sharasale. We will evaluate your application in good faith and notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Affiliate Program.
Unsuitable sites include those that:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Promote activities in conflict with the Saltair brand’s brand ethos
- Solely focus on discounts and promotions
If we reject your application, you are more than welcome to reapply to the Affiliate program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Affiliate Program, we may terminate this Agreement without notice.
IV. AFFILIATE DISCLOSURE
In accordance with the rules and regulations set forth by the FTC, affiliates must disclose their participation as an affiliate program participant. Please include appropriate disclosures on all posts that contain affiliate links to Saltair.com. You not make any press release with respect to this Agreement or your participation in the affiliate program without our prior written consent, which may be given or withheld in our sole discretion. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply and relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement. We reserve the right to terminate our relationship with affiliates who do not comply.
V. TRADEMARK POLICY
Saltair prohibits any use of our trademark, variations and misspellings in paid search campaigns, domain names, hidden text, source codes, meta tags, usernames, app, names etc. Any font, color, and logo modifications are also prohibited. Affiliates may use the Saltair trademark only when expressly authorized prior and for its intended purpose.
We reserve the right to modify these trademark guidelines and the approved Saltair Trademarks at any time and in our sole discretion, by posting a change notice or revised trademark policy in this agreement.
VI. POLICIES ON PROMOTIONAL MATERIAL
1. Affiliates must provide readers with clear and accurate information about the brand and its products.
2. Paid collaborations that include monetary compensation in addition to affiliate commission must be approved by the brand before the post goes live unless prior written approval is given by the brand.
3. You are not allowed to post any refunds, credits or discounts on the Saltair products without Saltair’s prior written consent in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the affiliate program using banners and links. Each link connecting users of Shareasale to the pertinent area of the Saltair website will in no way alter the look, feel or functionality of the Saltair website. Any violation of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a breach of contract and may result in your termination from the affiliate program or the withholding of commissions.
4. Affiliates are discouraged from driving incentivized traffic to the Saltair site. This type of activity may be considered gamification and could result in your termination from the affiliate program.
5. The use of Paid Search campaigns driving to your affiliate links to the Saltair site utilizing Saltair brand terms is not allowed.
Any activity not in line with the brand’s policies on promotional material (at our sole discretion) may result in termination from the affiliate program or withholding of commissions.
VII. AFFILIATE RIGHTS AND OBLIGATIONS
As an affiliate of Saltair you have the right to:
1. Get paid for any qualifying actions you send to the brand following your program agreement
2. Access to Saltair assets, tools and materials as provided through Shareasale
3. Access to brand representatives at info@Saltair.com to answer questions and provide additional information or materials to aid in the successful promotion of the brand and its products.
You are obligated to comply with your affiliate program agreement and any other applicable laws and regulations (copyright, intellectual property, etc.) in order to maintain these rights.
VIII. BRAND RIGHTS AND OBLIGATIONS
As the brand, it is our right to:
1. Monitor how our affiliates promote our products
2. Modify our program agreement at our sole discretion
3. Take measures against affiliates who do not comply with the agreement.
Agreement breaches and fraudulent activities withstanding, the brand has the obligation to pay affiliates to the agreed payment terms.
IX. RELATIONSHIP OF THE PARTIES
Affiliates are independent contractors and are prohibited from mentioning or implying any other type of relationship be it joint venture, representation, franchise, employment, etc.
X. WARRANTIES AND REPRESENTATIONS
The acceptance of this agreement and its coming into effect means that you represent and warrant to the brand that:
1. You have reviewed, understood and accepted the agreement as binding
2. Your acceptance of the agreement and participation in the affiliate program does not violate any laws, rules, regulations, court orders, decrees, by-laws or incorporation certificates, agreements or instruments applicable to you or binding upon your properties or assets.
3. You are the only and exclusive owners of your trademark and have the authority to grant use of your trademark (if applicable).
4. There are no threatened, pending, or ongoing claims or actions (or reasons for such claims or actions) against you or your affiliates.
5. You do not depend on third-party consent, authorization or approval to enter the agreement
6. The content on your website does not and will not violate the agreement
7. You are of legal age to enter this agreement
8. The customers you refer are unique, genuine, valid, and in compliance with the terms set forth in this contract.
XI. PAYMENT POLICY
Please refer to the Shareasale payment terms for information on the payment policy.
XII. TERMS OF THE AFFILIATE PROGRAM AGREEMENT
This agreement becomes effective as soon as the affiliate is accepted into the program. The brand is the only party who has the right to make modifications to it and we reserve the right to do it at any time. Both parties may terminate the agreement at anytime, without warning periods or prior notification.
XIII. DISCLAIMER
We make no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate Program (including, without limitations, warranties of fitness, merchantability, noninfringement, 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 site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
XIV. LIMITATION OF LIABILITY
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total referral fees paid or payable to you under this Agreement.
XV. INDEMNIFICATION
Affiliates agree to hold harmless and indemnify the brand, and any affiliates, subsidiaries, partners, employees and service providers against any losses based on or arising out of:
1. Claims that use of the affiliate trademark qualifies as an infringement to trademarks, trade names, service marks, copyright, licenses, intellectual property, and/or any other third-party rights
2. Misrepresentation of representations or warranties or breaches of covenants and agreements made by the affiliate through this program contract
3. Claims related to the affiliate’s website, including but not limited to your site’s development, functionality, maintenance and content (not attributed to the brand)
XVI. CONFIDENTIALITY
Affiliates agree to protect sensitive data regarding the brand, our customers, and any affiliates, associates or collaborators. Any information exchanged between the brand and its affiliates, including the contents of this agreement, can only be used within the scope of the agreement. The only exceptions allowed are instances where such information is requested by the authorities, already disclosed, necessary for accounting or other legal purposes, or subject to lawfully obtained disclosure rights.
XVII. INDEPENDENT INVESTIGATION
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
