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Affiliate Program Terms & Conditions

 

Wildflower + Co., Inc. Affiliate Terms & Conditions

Important! Please read our affiliate terms and conditions before you join our program. These terms and conditions are intentionally written to ensure that they may be clearly understood and followed. Affiliates are responsible for ensuring that their employees, contractors and other business partners comply with the following terms and conditions. You must agree to abide by these terms & conditions in order to participate. By signing up for the Wildflower + Co. Affiliate Program, you indicate your acceptance of this agreement and its terms and conditions. If you do not accept these terms and conditions, do not sign up. This program is subject to change.

DEFINITIONS

As used in these terms and conditions: (i) “We”, “us”, or “our” refers to Wildflower + Co., Inc. and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Wildflower + Co., Inc. properties located at http://www.wildflower.co & all related social media networks; (iv) “your network” refers to any websites or social media networks that you will link to our website; (v) “Program” refers to the Wildflower + Co. Affiliate Program.

ENROLLMENT

After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up 5 business days for your application to be reviewed. We reserve the right to reject any application. See Website Restrictions for examples of unsuitable sites & practices. Once approved, you will be invited to complete the setup process in LeadDyno®, a third-party service which powers our Affiliate Program. Note that your physical address listed on the application must be your actual address (if you list an address in the United States, you must be in the United States). Your email address will be the address to which payments are sent via Paypal®. If Affiliate is accepted into the Program, Affiliate must notify Wildflower + Co. of any significant changes to the content or structure of the Affiliate’s site within a timely manner.

WEBSITE RESTRICTIONS

Your participating website(s) & network may not:

1. Violate any law, rule or regulation.

2. Contain any unsuitable content (anything objectionable, offensive or illegal, such as but not limited to hate, porn, or in violation of intellectual property or privacy laws)

3. Engage in fraudulent activity, such as but not limited to intentionally containing any viruses, other malicious software or any other fraudulent action used to create sales. Affiliate sites may not attempt to intercept, divert or redirect Internet traffic to or from any other website or divert affiliate commissions from another website. Any inclusion or use of spyware, adware, trademark bidding, “desktop” advertising schemes, cookie stuffing, click to reveal, and/or other fraudulent activity (redirects to “bounce” clicks, robots, scripts, frames, iframes, etc.) is strictly prohibited.

4. SPAM. If you need a definition for SPAM, refer to the United States Federal spam law, the CAN-SPAM Act of 2003 [the "Act"]. Accounts may be terminated on the first offense of spamming & any compensation will be forfeited. Simply put: do not send email to lists or groups that you do not have permission to send to & ensure that people can easily opt-out of any email lists.

5. Coupon or Promo Codes. We do not accept sites focused on coupons into our Affiliate Program. If we find that your site was initially accepted, but shifted to a coupon focus, we will terminate your membership. However, we do provide coupon codes from time to time as a promotional incentive for use by members of our Affiliate Team. You may only use coupon codes made available to you through our Affiliate Dashboard. They must not be modified in any way & as such, must be displayed in their entirety displaying the full offer, valid expiration date and promo code. You may not use click to reveal technology that hides the code & generates an affiliate click.

6. Domain Names & Appearance – You may not falsely mislead customers into believing that your site is a Wildflower + Co. site. This includes use of our trademarked company name (Wildflower + Co.) in your domain name, including any variations or misspellings (including, but not limited to: Wildflower & Co., Wildflower + Company, Wildflower, WildflowerandCompany, Wildflower and Company, Wildflower and Co., and Wildflower & Company). This also includes not using above terms in sequence with any other keyword (i.e. wildflower-coupons.com).

7. Language – Any page where you have posted an affiliate link to our program must be written in English. 

Failure to abide by these rules could mean termination from the program with a complete forfeit of commissions.

PROMOTIONAL MATERIALS

Upon acceptance into the Program, you will have access to the Affiliate Dashboard where you will find various promotional materials including banner ads & other creative materials with built-in tracking tags & code. Your acceptance in our program means you agree to and abide by the following terms and conditions:

1. You will only use such assets obtained from the Affiliate Dashboard without any manipulation, including without corrupting, modifying or disabling the code’s tracking functionality.

2. All domains that use your affiliate link must be listed in your affiliate profile and application.

In making such promotional materials available, we hereby grant to Affiliate a nonexclusive, nontransferable license to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement. Company retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property.

ADVERTISING

1. PPC Advertising – Specifically this program prohibits you from bidding on the Wildflower + Co. trademark & variations of this mark. You may not bid on our trademarked company name (Wildflower + Co.), including any variations or misspellings including, but not limited to: Wildflower & Co., Wildflower + Company, Wildflower WildflowerandCompany, Wildflower and Company, Wildflower and Co., and Wildflower & Company. This includes search or content based campaigns on Google and all other networks. This also includes not using above terms in sequence with any other keyword (i.e. Wildflower + Co. Coupons or Wildflower + Co. DIY). It is your responsibility to exclude above terms and we strongly suggest above terms are added as NEGATIVE keywords to prevent such use. Additionally, you may not use above terms in your ad title, ad copy, display name or as the display url. Direct linking to our website from any Pay Per Click ad or use redirects that yield the same result is strictly prohibited. We have a zero tolerance policy on PPC trademark bidding. Your membership will be terminated and you will forfeit all commissions without warning if you violate these terms.

2. Email Advertising – Must abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187). No SPAM, period. Additionally, emails must not be misleading – you may not create the impression that the email is being sent on behalf of Wildflower + Co.

3. Social Media - Promotion on social media networks is permitted to your own lists/networks. You are strictly prohibited from posting your affiliate links on Wildflower + Co.’s official company pages. You are also prohibited from running ads on social networks using the above noted trademarked company name, including any variations or misspellings thereof. Doing so may be cause for termination & commissions will be forfeited.


REVERSAL & COMMUNICATION POLICY

We reserve the right to reverse orders as outlined in our Terms of Use & Affiliate Program Terms and Conditions. If we ask you for more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. You agree to maintain your contact information listed in your network profile, and if contacted, be responsive within a reasonable time period, and be able to provide clear & demonstrable proof of traffic. If any of the above are applicable, we reserve the absolute right to reverse orders, set your commission to 0%, suspend or terminate you from the program and you will forfeit commissions for the period in question.

COMMISSIONS & PAYMENT

1. Commission Rates – Our commission rate is tiered. Standard commission rate is 6% with special promotions offers offering up to 10% commission on qualifying purchases. We also offer a 1% second-level commission (if you sign-up another affiliate, you get 1% of their commissions). Additionally, we offer a recruitment bonus on approved, referred affiliates of $5 once they generate their first sales commission. Note that certain sales are excluded from sales commissions, including Trade Sales & Self-Purchases. In the event of a customer return or if credit card charges are reversed due to a dispute or credit card fraud, the sales commission will be debited from your account. Commissions are collected and calculated by LeadDyno® & Wildflower + Co. and will be the only valid statistics used for determining commissions. These may be monitored on the Affiliate Dashboard.

2. Payment - Payments are made monthly via Paypal® if your balance meets a minimum threshold of $20. If we owe you less than $20, your fees will be rolled into the next month’s total. Payments are sent approximately 60 days after the end of each month – for example commissions earned through December will be paid on approximately March 1st. You can view your commissions in your Affiliate Dashboard. Note that Paypal payments must be sent to the email address you are registered for our affiliate program with. Affiliate is responsible for any Paypal fees. If applicable, we must have your tax information on file before making payments.

TERMINATION FROM PROGRAM DUE TO INACTIVITY

Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $19.99. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state. If an abandoned affiliate account has a balance below $19.99, a $10 fee will be assessed once per calendar month, until the balance is equal to zero dollars - and is closed. At no time will an affiliate ever owe money to Wildflower + Co., Inc. based on fees - the account will simply be closed.

FTC DISCLOSURE REQUIREMENTS

In accordance with FTC guidelines, you must include a disclosure statement within any and all pages/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 such activity.


RELATIONSHIP OF PARTIES

You and we are independent contractors, and nothing in this Agreement creates an agency, franchise, partnership, sales representative or employment relationship. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that will reasonably contradict anything in this section.

LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, DOCUMENTATION, THE WILDFLOWER + CO. SITE, OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.


DISCLAIMERS

THE PROGRAM, THE WILDFLOWER + CO. WEBSITE, ANY PRODUCTS OFFERED ON THE WILDFLOWER + CO. WEBSITE ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, WILDFLOWER.CO DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE WILDFLOWER + CO. MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS." NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, THE WILDFLOWER + CO. SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (C) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (D) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (E) ANY TERMINATION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.


GOVERNING LAW

This Agreement shall be construed and governed by the laws of the State of New York, without regard to principles of conflicts of laws. The parties hereby submit to the personal jurisdiction of, and agree that any legal proceeding with respect to or arising under this Agreement shall be brought solely in the state courts of New York or Kings counties. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.


MISCELLANEOUS

BY SUBMITTING YOUR APPLICATION YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT, ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTAITON, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT, AND HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS AND THAT YOU WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT.


© 2015 Wildflower + Co., Inc.