We Craft Box
Program Terms
Affiliate Agreement Terms and Conditions
1. General
These Terms and Conditions (the "Affiliate Agreement" or “this Agreement”) govern the Affiliate Program that is made available by We Craft Box, LLC. Please read this agreement carefully as it represents a legally binding agreement between you and We Craft Box, LLC. By submitting your online application and by your use of the Affiliate Program, you are agreeing that you have read and understand the terms and conditions of this Affiliate Agreement and that you agree that you will comply with all of the terms and conditions set out in this Affiliate Agreement and will ensure that your employees, agents and contractors comply with these terms and conditions.
2. Definitions
As used in these terms and conditions:
a. "We,” "us,” "our, or “our website,” refers to We Craft Box, LLC (“We Craft”) and our
websites at www.wecraftbox.com, wecraftbox.com and the Cratejoy marketplace listing at cratejoy.com/we-craft-box, and any future websites we may develop, purchase, or use;
b. "you"or"your"refers to the Affiliate;
c. "your website" refers to any websites that you will link to our website;
d. "Program"refers to the We Craft Affiliate Program.
e. “Non-Renewing Gift Subscription Purchases” refers to the purchasing of one of our box
subscriptions for one or months and which is not scheduled to renew automatically.
f. “PPC” refers to “pay per click” advertising whereby web users are prompted with
advertising link directing consumers to a URL.
3. AffiliateObligations
a. To begin the enrollment process, you will complete and submit the online application at the shareasale.com server. We reserve the right to approve or deny all applications, as well as re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your website is unsuitable for the Program at our discretion, including if it:
i. Promotes or includes any business practices that we deem inappropriate;
ii. Promotes violence or sexually explicit materials;
iii. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
iv. Promotes illegal activities;
v. Incorporates any materials which infringe or assist others to infringe on any copyright,
trademark or other intellectual property rights or to otherwise violate the law;
vi. Includes "We Craft" or variations or misspellings thereof in its domain name;
vii. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion;
viii. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
b. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website, nor design your website in a manner which leads customers to believe you are We Craft, are www.wecraftbox.com, wecraftbox.com or the Cratejoy marketplace listing at www.cratejoy.com/subscription- box/we-craft-box/, or any other affiliated business. You acknowledge and are on actual notice that We Craft owns the Intellectual Property and/or Trademarks associated with We Craft Box and the We Craft Box Logo.
c. The maintenance, updating, and security of your site will be your sole responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
d. Your websites must not 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.
e. Your websites must not 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.
f. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. 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.
4. We Crafts’ Rights and Obligations
a. We have the right to monitor your site at any time to determine if you are following the terms and conditions of the Affiliate Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Program.
b. AsamemberoftheProgram,wewillprovideyouaccesstoreviewourProgram’sdetails and published content, download HTML code (that provides for links to web pages within We Craft web sites) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
c. We reserve the right, at any time, to review your placement and approve the use of Your Links, and require that you change the placement or use to comply with the any guidelines provided to you.
d. We reserve the right to terminate this Agreement and your participation in the Program immediately and without notice to you should you commit fraud in your use of the We Craft Affiliate 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.
e. We reserve the right to terminate this Agreement and your participation in the Program immediately and without notice to you should we determine in our sole discretion, that your participation in the Program and/or website(s) is unsuitable for the Program, including if it meets any of the criteria listed in paragraphs 3(a)(i-vii), listed above.
5. CommissionPayouts
The We Craft Commission structure will be set up as follows:
a. Allqualifiedmonthlysubscriptionpurchaseswillbeeligibleforcommissionpayouts.
b. Non-Renewing Gift Subscription Purchases do not automatically renew after their subscription period ends. Every Gift Subscription is eligible for a commission payout of $8.00 (eight dollars USD) - regardless of the subscription length.
c. Standard Subscription Purchases (also called Join purchases, since they originate from the Join page) automatically renew after their subscription period ends. Every Standard Subscription is eligible for a commission payout of $20.00 (twenty dollars USD) - regardless of the subscription length.
d. Single Item Purchases, including (but not limited to), Discovery Boxes, Creativity Kits, STEM Science Kits, Birthday Party Favors and Gift Cards are NOT eligible for commission payouts. If multiple non-subscription items are purchased together, the commission payout remains $0 (zero dollars USD).
6. 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:
a. Youwillonlyuselinkingcodeobtainedfromtheaffiliateinterfacewithoutmanipulation.
b. All domains that use your affiliate link must be listed in your affiliate profile.
c. Your Website will not in any way copy, resemble, or mirror the look and feel of our
Website(s). You will also not use any means to create the impression that your Website is our Website(s) or any part of our Website(s) including, without limitation, framing of our Website(s) in any manner.
d. 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 (e.g., the page from where the click is originating).
e. Usingredirectstobounceaclickoffofadomainfromwhichtheclickdidnotoriginatein 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.
7. Coupon Guidelines
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
a. You may ONLY advertise coupon codes that are provided to you through the affiliate program or network or that are displayed on our website(s).
b. Posting any information about how to work around the requirements of a coupon/promotion (e.g., first time customers only) will result in removal from the program.
c. Coupons must be displayed in their entirety with the full offer, valid expiration date and
code.
d. You may NOT use any technology that covers up the coupon code and generates the
affiliate click by revealing the code(s).
e. You may NOT advertise coupon codes obtained from our non-affiliate advertising,
customer e-mails, paid search, or any other campaign.
f. 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 site to get this deal.
g. If your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.
h. Use of any of our trademarked or prohibited terms as part of the domain or sub-domain for your website is strictly prohibited (e.g., www.we-craft-deals.com )
8. PPC Guidelines
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines. We Craft does not allow PPC or paid search without express permission of a program manager. If you are interested in using PPC or paid search, please send a summary of your plans (and keywords) to info@wecraftbox.com. All approved programs must follow the guidelines below:
a. You may not bid on any of our trademarked or prohibited terms, including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo or any other network. The following areTrademarked and Prohibited Terms: We Craft, We Craft Box, wecraftbox. See Additional Prohibited Terms in ShareASale.
b. You may not use our trademarked or prohibited terms in sequence with any other keyword (e.g., “We Craft Box Coupons”)
c. You may not use our trademarked or prohibited terms in your ad title, ad copy, display name or as the display url.
d. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliates must be directed to an actual page on your website.
e. You may not bid in any manner appearing higher than We Craft for any search term in position 1-5 in any auction style pay-per-click advertising program. If you automate your PPC campaigns, it is your responsibility to exclude our trademarked and prohibited terms from your program and we strongly suggest you add our trademarked and prohibited terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.
f. These terms are subject to change. If our policy on PPC changes, affiliates will have 10 business days to adjust their campaigns appropriately from the date of notice being issued. Be sure to follow the affiliate newsletter for notice of change or revisions to this policy.
9. Promotion Restrictions
a. You are free to promote your own web sites, but naturally any promotion that mentions We Craft Box could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by We Craft. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross- posting to multiple newsgroups at once. 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 We Craft so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote We Craft so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from We Craft. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the We Craft Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
b. Bidding on the following keywords is not permitted by affiliates in their Pay-Per-Click campaigns, among other keywords or exclusively: www.wecraftbox.com, wecraftbox.com and the Cratejoy marketplace listing at cratejoy.com/we-craft-box and/or any misspellings or similar alterations of these. Be it separately or in combination with other keywords, affiliates who bid on these keywords, without express written consent, will be considered trademark violators, and will be banned from We Craft’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
c. Affiliates 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 We Craft’s service).
d. Affiliate shall not transmit any so-called “interstitials,” “ParasitewareTM,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited We Craft’s site (i.e., no page from our site or any WeCraft.com’s content or branding visible on the end-user’s screen). As used herein “ParasitewareTM” and “Parasitic Marketing” shall mean an application that:
i. through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;
ii. intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or
directory engines);
iii. set commission tracking cookies through loading of We Craft’s site in IFrames, hidden
links and automatic pop ups that open We Craft’s site;
iv. targets text on web sites, other than those web sites 100% owned by the application
owner, for the purpose of contextual marketing; or
v. removes, replaces or blocks the visibility of Affiliate banners with any other banners, other
than those that are on web sites 100% owned by the owner of the application.
10. Licenses
a. We grant to you a non-exclusive ,non-transferable, revocable right to:
i. access our site through HTML links solely in accordance with the terms of this Agreement 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, to the extent permitted by this Agreement. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of We Craft’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of We Craft and the good will associated therewith will inure to the sole
benefit of We Craft’s.
b. We and you agree 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. We and use reserve all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, we and you retain all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other. The provision set forth in this Section, and any remedies for breach thereof, shall survive the termination or expiration of this Agreement for a period of three (3) years.
11. Warranties
WE CRAFT MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING WE CRAFT SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF WE CRAFT’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.
12.Affiliate Representations and Warranties.
You represent and warrant that:
a. ThisAgreementhasbeendulyandvalidlyexecutedanddeliveredbyyouandconstitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
b. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
c. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
13.Term.
This Agreement will begin upon our acceptance of your Affiliate application and will
continue unless terminated hereunder.
14. Termination.
Either you or we may end this Agreement AT ANY TIME, with or without cause, upon written notice to the other party. Written notice can be in the form of mail or email. We may terminate this Agreement immediately if you breach of any of the terms and conditions and/or for conduct by you which we, in our sole discretion, believes is harmful to its business or harmful to any other party, and in which event your current and past commissions will be voided or your commission level will be set to zero percent (0%).
15. Modification.
a. We may modify any of the terms and conditions in this Agreement 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 We Craft Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following the posting of the change notice or new Agreement on any of our websites will indicate your agreement to the changes.
b. The Affiliate cannot amend or modify any provision of this Agreement, unless in writing and signed by both parties.
16.Limitations of Liability
WE WILL NOT BE LIABLE TO YOU 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 WE CRAFT’S CUMULATIVE LIABILITY TO YOU 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 YOU UNDER THIS AGREEMENT.
17. Indemnification
You hereby agree to indemnify and hold harmless We Craft, 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:
a. any claim that our use of the affiliate trademarks infringes on any trademark, tradename, service mark, copyright, license, intellectual property, or other proprietary right of any third party;
b. any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein;
c. any claim related to your site or your participation in the Program whatsoever, including, without limitation, content therein not attributable to us; and/or
d. anyclaimagainstyouofanytyperelatedtoyourparticipationintheAffiliateProgram.
14. 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.
18. Notice
For purposes of this Agreement, notices and all other communications provided for herein shall be in writing and shall be deemed to have been duly given when sent by electronic mail (e-mail) or other electronic means of transmitting written documents or mailed by United States certified or registered mail, return receipt requested, postage prepaid, addressed as follows:
If to Affiliate, to the address set forth on the signature page. If none is provided, then Affiliate will accept notice by e-mail or other electronic means as delineated above.
If to We Craft: We Craft Box PO Box 21671
Sarasota, FL 34276
info@wecraftbox.com
or to such other address as either party may have furnished to the other in writing, except that a notice of change of address shall be effective only upon receipt.
19. Miscellaneous
a. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and We Craft. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website(s) or otherwise, that reasonably would contradict anything in this Section.
b. We Craft may assign in whole or in part any of its rights under this Agreement; TheAffiliate shall not assign any of its rights under this Agreement without the prior written consent of We Craft and any attempted assignment without such prior written consent shall be null
and void and without legal effect.
c. The validity, construction, enforcement, and interpretation of this Agreement are
governed by the laws of the State of Florida and the federal laws of the United States of America, excluding the laws of those jurisdictions pertaining to resolution of conflicts with laws of other jurisdictions. Each party to this Agreement (a) consents to the personal jurisdiction of the state and federal courts having jurisdiction in Sarasota County, Florida, (b) stipulates that the proper, exclusive, and convenient venue for any legal proceeding arising out of this Agreement is Sarasota County, Florida, for state court proceedings, and the Middle District of Florida, Tampa Division, for federal district court proceedings, and (c) waives any defense, whether asserted by a motion or pleading, that Sarasota County, Florida, or the Middle District of Florida, Tampa Division, is an improper or inconvenient venue. In any legal proceeding arising out of this Agreement, the losing party shall reimburse the prevailing party, on demand, for all costs, expenses, and attorney fees incurred by the prevailing party in enforcing, defending, or prosecuting any claim arising out of this Agreement.
d. ThisAgreementistheentireagreementbetweenthepartieswithrespecttotheProgram and there are no agreements or representations, oral or otherwise, expressed or implied, which are not set forth in this Agreement. Any prior agreement relating to the Program is hereby superseded and void, and is no longer in effect. This Agreement represents the entire agreement between we and you, and shall supersede all prior agreements and communications of the parties, oral or written.
e. 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.
f. 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.
g. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together will constitute but one and the same instrument.
1. General
These Terms and Conditions (the "Affiliate Agreement" or “this Agreement”) govern the Affiliate Program that is made available by We Craft Box, LLC. Please read this agreement carefully as it represents a legally binding agreement between you and We Craft Box, LLC. By submitting your online application and by your use of the Affiliate Program, you are agreeing that you have read and understand the terms and conditions of this Affiliate Agreement and that you agree that you will comply with all of the terms and conditions set out in this Affiliate Agreement and will ensure that your employees, agents and contractors comply with these terms and conditions.
2. Definitions
As used in these terms and conditions:
a. "We,” "us,” "our, or “our website,” refers to We Craft Box, LLC (“We Craft”) and our
websites at www.wecraftbox.com, wecraftbox.com and the Cratejoy marketplace listing at cratejoy.com/we-craft-box, and any future websites we may develop, purchase, or use;
b. "you"or"your"refers to the Affiliate;
c. "your website" refers to any websites that you will link to our website;
d. "Program"refers to the We Craft Affiliate Program.
e. “Non-Renewing Gift Subscription Purchases” refers to the purchasing of one of our box
subscriptions for one or months and which is not scheduled to renew automatically.
f. “PPC” refers to “pay per click” advertising whereby web users are prompted with
advertising link directing consumers to a URL.
3. AffiliateObligations
a. To begin the enrollment process, you will complete and submit the online application at the shareasale.com server. We reserve the right to approve or deny all applications, as well as re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your website is unsuitable for the Program at our discretion, including if it:
i. Promotes or includes any business practices that we deem inappropriate;
ii. Promotes violence or sexually explicit materials;
iii. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
iv. Promotes illegal activities;
v. Incorporates any materials which infringe or assist others to infringe on any copyright,
trademark or other intellectual property rights or to otherwise violate the law;
vi. Includes "We Craft" or variations or misspellings thereof in its domain name;
vii. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion;
viii. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
b. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website, nor design your website in a manner which leads customers to believe you are We Craft, are www.wecraftbox.com, wecraftbox.com or the Cratejoy marketplace listing at www.cratejoy.com/subscription- box/we-craft-box/, or any other affiliated business. You acknowledge and are on actual notice that We Craft owns the Intellectual Property and/or Trademarks associated with We Craft Box and the We Craft Box Logo.
c. The maintenance, updating, and security of your site will be your sole responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
d. Your websites must not 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.
e. Your websites must not 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.
f. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. 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.
4. We Crafts’ Rights and Obligations
a. We have the right to monitor your site at any time to determine if you are following the terms and conditions of the Affiliate Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Program.
b. AsamemberoftheProgram,wewillprovideyouaccesstoreviewourProgram’sdetails and published content, download HTML code (that provides for links to web pages within We Craft web sites) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
c. We reserve the right, at any time, to review your placement and approve the use of Your Links, and require that you change the placement or use to comply with the any guidelines provided to you.
d. We reserve the right to terminate this Agreement and your participation in the Program immediately and without notice to you should you commit fraud in your use of the We Craft Affiliate 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.
e. We reserve the right to terminate this Agreement and your participation in the Program immediately and without notice to you should we determine in our sole discretion, that your participation in the Program and/or website(s) is unsuitable for the Program, including if it meets any of the criteria listed in paragraphs 3(a)(i-vii), listed above.
5. CommissionPayouts
The We Craft Commission structure will be set up as follows:
a. Allqualifiedmonthlysubscriptionpurchaseswillbeeligibleforcommissionpayouts.
b. Non-Renewing Gift Subscription Purchases do not automatically renew after their subscription period ends. Every Gift Subscription is eligible for a commission payout of $8.00 (eight dollars USD) - regardless of the subscription length.
c. Standard Subscription Purchases (also called Join purchases, since they originate from the Join page) automatically renew after their subscription period ends. Every Standard Subscription is eligible for a commission payout of $20.00 (twenty dollars USD) - regardless of the subscription length.
d. Single Item Purchases, including (but not limited to), Discovery Boxes, Creativity Kits, STEM Science Kits, Birthday Party Favors and Gift Cards are NOT eligible for commission payouts. If multiple non-subscription items are purchased together, the commission payout remains $0 (zero dollars USD).
6. 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:
a. Youwillonlyuselinkingcodeobtainedfromtheaffiliateinterfacewithoutmanipulation.
b. All domains that use your affiliate link must be listed in your affiliate profile.
c. Your Website will not in any way copy, resemble, or mirror the look and feel of our
Website(s). You will also not use any means to create the impression that your Website is our Website(s) or any part of our Website(s) including, without limitation, framing of our Website(s) in any manner.
d. 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 (e.g., the page from where the click is originating).
e. Usingredirectstobounceaclickoffofadomainfromwhichtheclickdidnotoriginatein 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.
7. Coupon Guidelines
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
a. You may ONLY advertise coupon codes that are provided to you through the affiliate program or network or that are displayed on our website(s).
b. Posting any information about how to work around the requirements of a coupon/promotion (e.g., first time customers only) will result in removal from the program.
c. Coupons must be displayed in their entirety with the full offer, valid expiration date and
code.
d. You may NOT use any technology that covers up the coupon code and generates the
affiliate click by revealing the code(s).
e. You may NOT advertise coupon codes obtained from our non-affiliate advertising,
customer e-mails, paid search, or any other campaign.
f. 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 site to get this deal.
g. If your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.
h. Use of any of our trademarked or prohibited terms as part of the domain or sub-domain for your website is strictly prohibited (e.g., www.we-craft-deals.com )
8. PPC Guidelines
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines. We Craft does not allow PPC or paid search without express permission of a program manager. If you are interested in using PPC or paid search, please send a summary of your plans (and keywords) to info@wecraftbox.com. All approved programs must follow the guidelines below:
a. You may not bid on any of our trademarked or prohibited terms, including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo or any other network. The following areTrademarked and Prohibited Terms: We Craft, We Craft Box, wecraftbox. See Additional Prohibited Terms in ShareASale.
b. You may not use our trademarked or prohibited terms in sequence with any other keyword (e.g., “We Craft Box Coupons”)
c. You may not use our trademarked or prohibited terms in your ad title, ad copy, display name or as the display url.
d. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliates must be directed to an actual page on your website.
e. You may not bid in any manner appearing higher than We Craft for any search term in position 1-5 in any auction style pay-per-click advertising program. If you automate your PPC campaigns, it is your responsibility to exclude our trademarked and prohibited terms from your program and we strongly suggest you add our trademarked and prohibited terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.
f. These terms are subject to change. If our policy on PPC changes, affiliates will have 10 business days to adjust their campaigns appropriately from the date of notice being issued. Be sure to follow the affiliate newsletter for notice of change or revisions to this policy.
9. Promotion Restrictions
a. You are free to promote your own web sites, but naturally any promotion that mentions We Craft Box could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by We Craft. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross- posting to multiple newsgroups at once. 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 We Craft so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote We Craft so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from We Craft. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the We Craft Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
b. Bidding on the following keywords is not permitted by affiliates in their Pay-Per-Click campaigns, among other keywords or exclusively: www.wecraftbox.com, wecraftbox.com and the Cratejoy marketplace listing at cratejoy.com/we-craft-box and/or any misspellings or similar alterations of these. Be it separately or in combination with other keywords, affiliates who bid on these keywords, without express written consent, will be considered trademark violators, and will be banned from We Craft’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
c. Affiliates 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 We Craft’s service).
d. Affiliate shall not transmit any so-called “interstitials,” “ParasitewareTM,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited We Craft’s site (i.e., no page from our site or any WeCraft.com’s content or branding visible on the end-user’s screen). As used herein “ParasitewareTM” and “Parasitic Marketing” shall mean an application that:
i. through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;
ii. intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or
directory engines);
iii. set commission tracking cookies through loading of We Craft’s site in IFrames, hidden
links and automatic pop ups that open We Craft’s site;
iv. targets text on web sites, other than those web sites 100% owned by the application
owner, for the purpose of contextual marketing; or
v. removes, replaces or blocks the visibility of Affiliate banners with any other banners, other
than those that are on web sites 100% owned by the owner of the application.
10. Licenses
a. We grant to you a non-exclusive ,non-transferable, revocable right to:
i. access our site through HTML links solely in accordance with the terms of this Agreement 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, to the extent permitted by this Agreement. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of We Craft’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of We Craft and the good will associated therewith will inure to the sole
benefit of We Craft’s.
b. We and you agree 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. We and use reserve all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, we and you retain all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other. The provision set forth in this Section, and any remedies for breach thereof, shall survive the termination or expiration of this Agreement for a period of three (3) years.
11. Warranties
WE CRAFT MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING WE CRAFT SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF WE CRAFT’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.
12.Affiliate Representations and Warranties.
You represent and warrant that:
a. ThisAgreementhasbeendulyandvalidlyexecutedanddeliveredbyyouandconstitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
b. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
c. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
13.Term.
This Agreement will begin upon our acceptance of your Affiliate application and will
continue unless terminated hereunder.
14. Termination.
Either you or we may end this Agreement AT ANY TIME, with or without cause, upon written notice to the other party. Written notice can be in the form of mail or email. We may terminate this Agreement immediately if you breach of any of the terms and conditions and/or for conduct by you which we, in our sole discretion, believes is harmful to its business or harmful to any other party, and in which event your current and past commissions will be voided or your commission level will be set to zero percent (0%).
15. Modification.
a. We may modify any of the terms and conditions in this Agreement 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 We Craft Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following the posting of the change notice or new Agreement on any of our websites will indicate your agreement to the changes.
b. The Affiliate cannot amend or modify any provision of this Agreement, unless in writing and signed by both parties.
16.Limitations of Liability
WE WILL NOT BE LIABLE TO YOU 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 WE CRAFT’S CUMULATIVE LIABILITY TO YOU 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 YOU UNDER THIS AGREEMENT.
17. Indemnification
You hereby agree to indemnify and hold harmless We Craft, 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:
a. any claim that our use of the affiliate trademarks infringes on any trademark, tradename, service mark, copyright, license, intellectual property, or other proprietary right of any third party;
b. any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein;
c. any claim related to your site or your participation in the Program whatsoever, including, without limitation, content therein not attributable to us; and/or
d. anyclaimagainstyouofanytyperelatedtoyourparticipationintheAffiliateProgram.
14. 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.
18. Notice
For purposes of this Agreement, notices and all other communications provided for herein shall be in writing and shall be deemed to have been duly given when sent by electronic mail (e-mail) or other electronic means of transmitting written documents or mailed by United States certified or registered mail, return receipt requested, postage prepaid, addressed as follows:
If to Affiliate, to the address set forth on the signature page. If none is provided, then Affiliate will accept notice by e-mail or other electronic means as delineated above.
If to We Craft: We Craft Box PO Box 21671
Sarasota, FL 34276
info@wecraftbox.com
or to such other address as either party may have furnished to the other in writing, except that a notice of change of address shall be effective only upon receipt.
19. Miscellaneous
a. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and We Craft. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website(s) or otherwise, that reasonably would contradict anything in this Section.
b. We Craft may assign in whole or in part any of its rights under this Agreement; TheAffiliate shall not assign any of its rights under this Agreement without the prior written consent of We Craft and any attempted assignment without such prior written consent shall be null
and void and without legal effect.
c. The validity, construction, enforcement, and interpretation of this Agreement are
governed by the laws of the State of Florida and the federal laws of the United States of America, excluding the laws of those jurisdictions pertaining to resolution of conflicts with laws of other jurisdictions. Each party to this Agreement (a) consents to the personal jurisdiction of the state and federal courts having jurisdiction in Sarasota County, Florida, (b) stipulates that the proper, exclusive, and convenient venue for any legal proceeding arising out of this Agreement is Sarasota County, Florida, for state court proceedings, and the Middle District of Florida, Tampa Division, for federal district court proceedings, and (c) waives any defense, whether asserted by a motion or pleading, that Sarasota County, Florida, or the Middle District of Florida, Tampa Division, is an improper or inconvenient venue. In any legal proceeding arising out of this Agreement, the losing party shall reimburse the prevailing party, on demand, for all costs, expenses, and attorney fees incurred by the prevailing party in enforcing, defending, or prosecuting any claim arising out of this Agreement.
d. ThisAgreementistheentireagreementbetweenthepartieswithrespecttotheProgram and there are no agreements or representations, oral or otherwise, expressed or implied, which are not set forth in this Agreement. Any prior agreement relating to the Program is hereby superseded and void, and is no longer in effect. This Agreement represents the entire agreement between we and you, and shall supersede all prior agreements and communications of the parties, oral or written.
e. 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.
f. 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.
g. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together will constitute but one and the same instrument.