Conversion action | Online purchase with processed valid payment |
---|---|
Cookie days | 30 days |
Commission type | Percent of Sale |
Base commission | 10.00% |
By participating in the FEMFETTI.COM Affiliate Program
(“Program”), you agree with the terms and policies set forth in the agreement
(“Agreement”) below. Please read the entire Agreement. It is a legal agreement
between you and FEMFETTI.COM and its parent company Limitless Solutions,
Inc. By submitting the online application, you are agreeing that you have read
and understand the terms and policies of this Agreement, and that, if
FEMFETTI.COM accepts your application, you agree to be legally
responsible for each and every term and policy.
This Agreement contains the complete terms and conditions
that apply to your participation as an Affiliate of the Femfetti.com
Affiliate Marketing Program, and the establishment of hypertext links or discount codes from your
Website to www.femfetti.com for the purpose of you earning Referral Fees
from Qualifying Purchases made by third parties who have navigated from your
website to www.Femfetti.com via said hypertext links or discount codes.
1. Definitions
As used in this Agreement, “we”, “us”, “Femfetti.com”
or “Femfetti.com” means Limitless Solutions, Inc, an Ohio corporation,
and “you”, “your” or “Affiliate” means the affiliate. “Website” individually
and collectively means your website and/or e-mail communications and/or
software applications.
“Affiliate Marketing Program” means the program managed by
or on behalf of Femfetti.com by which participating entities place links or discount codes
on their Website that connect to the Femfetti.com website and for which a
referral fee is earned.
The terms “Qualifying Purchase”, “purchase”, “sale” or
“Affiliate sale” used in this Agreement mean a Femfetti.com paid order
purchased by users during a visit to Femfetti.com following navigation to
the designated URL on Femfetti.com through a hypertext link from you
under this Affiliate Marketing Program.
“Net Proceeds” will mean the gross proceeds received by Femfetti.com
from Qualifying Purchases on Femfetti.com, less costs and expenses
attributable to taxes, sale discounts, shipping and handling, fraud, bad debts,
and duties.
The terms “Referral Fee” or “referral fee” used in this
Agreement mean moneys duly earned by, payable to, or previously paid to the
Affiliate in regard to the aggregate Net Proceeds received from Qualifying
Purchases made at Femfetti.com under the terms of this Agreement and the
Affiliate Marketing Program, and acknowledged as such by Femfetti.com at
its sole discretion.
“$”, “dollar” or “dollars” mean US Dollars.
2. Term of the Agreement
This Agreement begins when FEMFETTI.COM accepts you
into the Program and will end when your participation is terminated.
The term of this Agreement (the “Term”) will begin upon our
acceptance of your application to enroll your site in the Femfetti.com
Affiliate Marketing Program, such application signifying your acceptance of
this Agreement.
The term shall be for a period of ninety (90) days from said acceptance.
3. Promotion
Femfetti.com will make available to you, or you will
create, subject to our approval, a variety of graphic and textual links (the
“Links” collectively, or “Link” individually) and discount codes in order to link to Femfetti.com.
You and we will cooperate in good faith to develop and implement such links and codes.
Each Link will permit recipients to navigate directly to a page on the Femfetti.com
website designated by us via a special tagged link format.
You will be responsible for integrating the Links and discount codes into your site to properly enable sales tracking, and we
will not be responsible for your failure to do so, including to the extent such
failure may result in any reductions of amounts that would otherwise be paid to
you under this Agreement.
4. Forbidden Actions
This Agreement will be terminated without notice if, in its
sole discretion, Femfetti.com determines that the Affiliate has breached
any or all of the following explicitly prohibited actions. THE AFFILIATE WILL
FORFEIT ANY ACCUMULATED EARNINGS IF THE AGREEMENT IS TERMINATED UNDER THIS
PROVISION.
Click Fraud: Affiliate shall not, either directly or
indirectly, act, encourage or require users to click on links to Femfetti.com
and/or generate clicks or orders through any means that could be reasonably
interpreted as coercive, incentivized, misleading, malicious, or otherwise
fraudulent.
Inappropriate Content: No Link or Discount Code will be placed on any page or
screen that contains content that: incites, encourages, advocates or promotes
discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age; incites, encourages, advocates or promotes illegal
activities including, but not limited to, violence against persons or property,
terrorism, armed insurrection, piracy or treason; incites, encourages,
advocates or promotes the sexual abuse or exploitation of children and minors;
violates the intellectual property rights of third parties; or contains or
promotes deceptive information.
Own Purchases: Affiliate shall not use their own affiliate
link or Discount code in order to receive referral fees on their own purchases.
5. Referral Fees
Femfetti.com will pay you a Referral Fee equal to 10% of the aggregate Net Proceeds received from Qualifying
Purchases made at Femfetti.com. “Net Proceeds” will mean the gross
proceeds received by Femfetti.com from Qualifying Purchases on Femfetti.com,
less costs and expenses attributable to taxes, sale discounts, shipping and
handling, fraud, bad debts, and duties.
FEMFETTI.COM will pay you a referral fee on products
purchased by your referrals according to the designated payment schedule.
FEMFETTI.COM uses the Refersion affiliate tracking
system owned by Refersion, Inc. to tabulate and track sales and referral fee
payments due to our affiliates after the tracking process and purchases are
completed. Through the Refersion website, you will have access to information
we use to determine referral fees we owe you.
FEMFETTI.COM reserves the right to increase or
decrease referral fee rates on referral fees not yet earned from time to time
as it sees fit.
There is no maximum referral fee limit.
If a
referral returns a product or if the referral requests a chargeback on the
purchase, you will not receive a referral fee. FEMFETTI.COM returns all
money to the referral, so you must also return your portion of the sale.
Because of the 30-day return period for all FEMFETTI.COM products, and
because of periodic processing, FEMFETTI.COM may hold your referral fee
payout for a period of up to 1 month.
6. Reversals
FEMFETTI.COM reserves the right to reverse orders due
to order cancellations, duplicate tracking, returns, disputed charges, and
program violations as outlined in these terms and policies. Additionally, if we
ask you for clarification or more information on any orders or clicks that we
suspect may be in violation of our terms and policies, we expect that you will
respond in a timely and honest manner. Below are violations of our
communications policy.
1) You are not forthcoming, you are intentionally vague, or
you are found to be lying.
2) You are not responsive within a reasonable time period
and after multiple attempts to make contact using the information listed in
your network profile.
3) You cannot substantiate or validate the source of your
traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute
right to suspend you from the Program, reverse orders, modify payouts, set your
referral fee to 0%, or immediately terminate your participation in the Program.
We know that many violations are a result of automated processes; however, it
is incumbent upon each affiliate to ensure that it has the appropriate checks
and balances in place to address such issues proactively and to adhere to the
terms and policies of this Agreement.
You are only eligible to earn a Referral Fee on sales
occurring during the Term, and referral fees earned through the date of
termination will remain payable only if the product orders are not canceled.
7. Payments
Referral
fees will be paid on or about the 15th of each month. If during any calendar
month referral fees do not exceed twenty-five dollars ($25.00), then you may
not receive payments until the following calendar month during which your
aggregate referrals fees equal or exceed said amount or until the termination
of this agreement, whichever occurs earlier.
No payment will be made to Affiliate for sales that result
in refunds or returns and, at its own discretion, Femfetti.com may elect
to withhold payment for a reasonable time to ensure against cancellations or
refunds.
Payments shall be made in US Dollars to the PayPal account
as nominated by the Affiliate in the name of the party and address provided by
Affiliate. Affiliate shall be responsible for all taxes associated with the
receipt of any payments
8. Assets
The tools, products, and creative assets (collectively
“Assets”) that FEMFETTI.COM provides to you include valuable information
vital to the success of the Program, including a tracking code that
FEMFETTI.COM uses to attribute referrals to you.
FEMFETTI.COM grants to you a nonexclusive,
nontransferable license (“License”) to use Assets as specified under the terms
and policies of this Agreement. The term of the License shall expire upon your
departure from the Program or termination of this Agreement.
You will use the Assets as FEMFETTI.COM instructs:
1) You agree that you will not corrupt, modify, or disable
the tracking functionality in the Assets.
2) You will not alter, add to, subtract from, or otherwise
modify the Assets as FEMFETTI.COM provides them unless you obtain prior
written consent from FEMFETTI.COM.
3) You may only use the Assets for the purpose of promoting
FEMFETTI.COM and its products.
4) FEMFETTI.COM retains all rights, ownership, and
interest in the Assets, and in any copyright, trademark, or other intellectual
property in the Assets. Nothing in this Agreement shall be construed to grant
you any rights, ownership, or interest in the Assets, or in the underlying
intellectual property, other than the License to use Assets as granted in this
Agreement.
5) You will not make any claim to ownership of the Assets,
or of the copyright, trademark, or other intellectual property therein.
6) You will not publish or otherwise distribute any other
advertising materials that reference FEMFETTI.COM unless
FEMFETTI.COM gives prior written consent to the distribution of such
materials.
Under no circumstances shall you send commercial electronic
mail messages as defined in the Federal spam law, CAN-SPAM Act of 2003 (“Act”),
with respect to the FEMFETTI.COM affiliate program.
FEMFETTI.COM reserves the right to collect, withhold,
or cancel any and all compensation related to commercial electronic mail
messages you send.
You may send transactional or relationship messages as
defined in the Act.
9. Social Media
FEMFETTI.COM permits you to promote offers on
Facebook, Twitter, blogs, discussion forums, and other social media following
these general guidelines:
1) You ARE ALLOWED to post your affiliate links or discount codes on your own
social media.
2) You ARE PROHIBITED from posting your affiliate links or discount codes on
the social media of FEMFETTI.COM.
Keywords
You shall not purchase keywords, domain names, advertising,
search terms, adwords, or any other identifiers that include the word
“FEMFETTI.COM,” the names of FEMFETTI.COM products or services, or
any variations or misspellings thereof.
Specifically, this policy prohibits you from:
1) Bidding on “FEMFETTI.COM” and any keyword string
that includes this term, such as “FEMFETTI.COM Official” or
“FEMFETTI.COM bags” or “FEMFETTI.COM products” or
“FEMFETTI.COM coupons” or “FEMFETTI.COM promotions”;
and
2) Purchasing domain names based on “FEMFETTI.COM” or
variations, such as “FEMFETTI.COM” or
“FEMFETTI.COM”;
10. Representations and Warranties; Limitation of Liability
Each of us hereby represents and warrants that:
• it has
full power and authority to enter into this Agreement and to perform its
obligations hereunder;
• it has
obtained all permits, licenses, and other governmental authorizations and
approvals required for its performance under this Agreement;
• the
services to be rendered by each of us under this Agreement neither infringe nor
violate any patent, copyright, trade secret, trademark, or other proprietary
right of any third party.
Femfetti.com will remain solely responsible for the
operation of the Femfetti.com website, and you will remain solely
responsible for the operation of your site. Each party acknowledges that their
respective sites may be subject to temporary downtime due to causes beyond
their reasonable control subject to the specific terms of this Agreement,
retains sole right and control over the programming, content and conduct of
transactions over its respective site or service.
EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR
WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT Femfetti.com MAY GENERATE
DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY
MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.
NEITHER Femfetti.com NOR AFFILIATE WILL BE LIABLE TO
THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS
AGREEMENT. Femfetti.com’s ENTIRE LIABILITY ARISING FROM THIS AGREEMENT
WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO AFFILIATE
HEREUNDER.
11. Fulfillment and Policy
Femfetti.com will be solely responsible for fulfilling
all orders for its products and payment processing, and customers who buy
products through the Affiliate Marketing Program will be deemed customers of Femfetti.com.
To protect the privacy of Femfetti.com’s customers,
the names of and other personally identifying information about customers will
not be provided to you. All information about customers and users collected by Femfetti.com
shall be owned solely and exclusively by Femfetti.com.
All rules, policies, operating procedures and information
concerning customer orders and sales will apply to those customers, including
our rules of privacy and confidentiality. We may change our policies and
operating procedures at any time, without notice.
12. Intellectual Property Rights
Femfetti.com hereby grants to you during the Term a
non-exclusive, non-transferable, royalty-free license to establish hyperlinks
between yours and our Web Sites and to use Femfetti.com’s trade names,
logos, trademarks and service marks (the “Femfetti.com Marks”) on your
site solely as is reasonably necessary to establish and promote such hyperlinks
and to otherwise perform your obligations under this Agreement; provided,
however, that any other promotional materials or usages containing any of the Femfetti.com
Marks will be subject to Femfetti.com’s prior written approval.
You hereby grant to Femfetti.com during the Term a
non-exclusive, non-transferable, royalty-free license to establish hyperlinks
between yours and our Websites and to use your trade names, logos, trademarks
and service marks (the “Affiliate Marks”) solely as is reasonably necessary to
establish and promote such hyperlinks and to otherwise perform our obligations
under this Agreement; provided, however, that any other promotional materials
or usages containing any of the Affiliate Marks will be subject to your prior
written approval.
Except as set forth above, you and we each reserve all
right, title and interest in respective intellectual property rights (e.g.,
patents, copyrights, trade secrets, trademarks and other intellectual property
rights). Use of the other’s marks except as set forth herein is strictly
prohibited.
13. Indemnification
We agree to indemnify, defend and hold harmless you and your
affiliates, directors, officers, employees and agents, from and against any and
all liability, claims, losses, damages, injuries or expenses (including
reasonable attorney’s fees) relating to the operation of our site, a breach of
our obligations under this Agreement, or the violation of any third party
intellectual property rights of editorial content or other materials provided
by us for display on your site.
You agree to indemnify, defend and hold harmless us and our
affiliates, directors, officers, employees and agents, from and against any and
all liability, claims, losses, damages, injuries or expenses (including reasonable
attorney’s fees) relating to the operation of your site, a breach of your
obligations under this Agreement, or the violation of any third party
intellectual property rights of editorial content or other materials of your
site.
14. General Provisions
i. You and
we will each monitor and periodically test the general availability and
operation of our respective Website.
ii. You and
we are entering this Agreement as independent contractors, and nothing will be
construed to create a partnership, agency, joint venture or employment
relationship between you and us.
iii. In its
performance of this Agreement and in the operation each party’s respective
Websites, you and we each will comply with all applicable laws, regulations,
orders and other requirements, now or hereafter in effect, of governmental
authorities having jurisdiction. Without limiting the generality of the
foregoing, you and we each will pay, collect and remit such taxes as may be imposed
with respect to any compensation, royalties or transactions under this
Agreement.
iv. Neither
you or we will be considered to be in breach of, or default under, this
Agreement on account of any delay or failure to perform as a result of any
causes or conditions that are beyond our respective reasonable control. If any
force majeure event occurs, the affected party will give prompt written to the
other and will use commercially reasonable efforts to minimize the impact of
the event.
v. You may
not assign this Agreement, in whole or in part, without our prior written
consent. Subject to that restriction, this Agreement will be binding on, inure
to the benefit of, and enforceable against the parties and their respective
successors and assigns.
vi. The
failure of either you or us to enforce any provision of this Agreement will not
constitute a waiver of the right to subsequently enforce the provision. Any
remedies specified in this Agreement are in addition to any other remedies that
may be available at law or in equity.
vii. This
Agreement represents the entire Agreement between you and us with respect to
the subject matter hereof and supersedes any other oral or written agreements
regarding such subject matter, and may be amended or modified only by a written
instrument signed by a duly authorized agent of each party.
viii. If any
provision of this Agreement will be declared by any court of competent
jurisdiction to be illegal, void or unenforceable, all other provisions of this
Agreement will not be affected and will remain in full force and effect.
15. Termination
Termination Without Cause: Femfetti.com may modify or
terminate this Agreement without cause. Please note that Femfetti.com
reserves the right to change any of the terms and conditions in this Agreement,
including the payment terms described in herein, by posting a new agreement on
the Femfetti.com website.
Termination For Cause: Femfetti.com may terminate this
Agreement without notice if in its sole discretion it determines that Affiliate
has breached the terms and conditions of this Agreement. AFFILIATE FORFEITS ANY
ACCUMULATED EARNINGS IF AGREEMENT IS TERMINATED FOR CAUSE.
The Affiliate may terminate this Agreement, at any time,
with or without cause, by giving at least seven days (7) days written notice of
termination to Femfetti.com.
16. Jurisdiction
This Agreement has been made in and shall be construed and
enforced in accordance with the laws of the State of Ohio. Any action to
arising hereunder will be brought in the federal or state courts, located in
the State of Ohio.
17. Service Of Notices
Any notices under this agreement will be given in writing.
Notices may be given by electronic mail to [email protected] and will be deemed
delivered and given for all purposes on the sent date, but only if the
receiving party has confirmed its receipt by return electronic mail. Notices
sent via traditional means will be sent via certified mail, return receipt
requested, to Limitless Solutions, Inc, Affiliate Marketing Program, 1020
Taylor Station Rd, Suite H, Gahanna, Ohio 43230.