AFFILIATE SALES PROGRAM
By signing up to be an Affiliate, you acknowledge that you have read and understood this agreement, and you agree to be bound by the following terms and conditions (“Terms of Service”).
We reserve the right to update and change these Terms of Service from time to time without notice. Commission amounts may change at any time during the Affiliate Program, upon prior notice (including by email and/or reflecting such changes on the Affiliate Program Site). Any new features that enhance the current Affiliate Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Affiliate Program after any such changes shall constitute your express acceptance and consent.
Violation of any of the terms below will result in suspension or termination of your Account and/or forfeiture of any outstanding Affiliate commission payments earned during the period of the violation.
1.0 The service
1.1 The Company would like the Influencer’s assistance in promoting / offering / selling the Company’s products via their social media accounts. The Company hereby appoints the Influencer as its representative on a non-exclusive, non-employee basis to endorse and promote its services to the target audience.
1.2. The influencer will be promoting bracelets based on their sexuality or gender.
1.3. The influencer agrees not to promote any rival company at the same time the influencer will be working with us. Further, the influencer shall not use any of the company’s content to promote another brand during the time of this contract.
1.4. In the event where an influencer fails to meet the company’s standards, the influencer shall refund the company fully.
1.5. You (influencer) are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
1.6. You may not use the Affiliate Program for any illegal or unauthorised purpose.
2.0 Special links and graphics / License / IP
2.1. Once you have been enrolled in the Affiliate Program, you will be sent an Affiliate Referral Link. We will grant to you a non-exclusive, limited permission to use our trademarks, service marks, logos, trade names and other branding features as designated by us and as available on the Affiliate Platform in where you are to respect our guidelines, link styles, and graphical artwork to use in linking. Any goodwill accumulating to our trademark from use hereunder shall inure to our sole benefit as the sole trademark owner.
2.2. In this respect and solely for the purposes authorised by this Affiliate Program, you are permitted to place links, banners, or other graphics we provide with your Affiliate Referral Link on your site, in your emails, or in other communications.
2.3 To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats (“Special Links”) to be used in all links on your site to the Affiliate Platform. You must ensure that each of your links properly utilises such Special Links. You will earn referral fees only with respect to signups on Our Affiliate Platform occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to these Terms of Service. Special Links must direct to product pages on rcrew.com.
We reserve the right to immediately suspend or terminate your participation in the Affiliate Program if we believe you have engaged in any of the following:
3.1. Unsolicited mass email solicitations, IRC postings or any other form of spamming, or otherwise that violate our anti-spam policies or the pertinent laws in effect;
3.2. Provide inaccurate or incomplete information to us concerning your identity, address or other required information;
3.3. Attempt to cheat, defraud or mislead us in any way;
3.4. Misrepresent to the public our terms and conditions or your websites;
3.5. Engage in popup advertisement network activities;
3.6. You acknowledge that you obtain no intellectual property rights or licenses by these Terms of Service except for those licenses expressly granted herein.
4.0. Referral fees / Commissions and payment
To be eligible to earn a commission, your referred customer (the “Customer”) must click through one of your Special Links. The Customer must purchase a product on the www.rcrew.com web site. If the Customer leaves the site, comes back later on its own within this 30 days period, and makes a purchase as a Customer, you will earn a referral fee. If the Customer clicks on 2 or more different Affiliate Program links, only the first link will be stored in the cookie.
5.0. Identifying yourself as our Affiliate
5.1. You may not issue any press releases with respect to your participation in the Affiliate Program without our written consent; such action may result in your termination from the Affiliate Program. In addition, you may not in any manner misrepresent or embellish our relationship (i.e. represent that you develop our products, that you are part of our Company or express or imply any relationship or affiliation between us except as expressly permitted by these Terms of Service) including by expressing or implying that we support, sponsor, endorse, or contribute money to any cause.
5.2. You may not purchase products through your Affiliate referral links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or terminate your participation in the Affiliate Program.
Customers who buy products through this Affiliate Program will be deemed to be our Customers. Accordingly, all of our rules, policies, and operating procedures concerning Customer orders, Customer service, and product sales will apply. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your own site, you should not display the product prices. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product or solution.
7.0. Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You will be solely responsible for including but not limited to the following:
8.0. Compliance with Laws
As a condition to your participation in the Affiliate Program, you agree that while you are an Affiliate Program participant you will comply with all laws, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements, whether they are now in effect or later come into effect during the time you are an Affiliate Program participant. You also agree that as a condition of your participation in the Affiliate Program you will comply with all applicable laws that govern marketing email, including without limitation to the anti‐spam and data protection laws in effect.
The term will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to any Affiliate Platform, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Affiliate Program. We reserve the right to end the Affiliate Program at any time. Upon program termination, we will pay any outstanding earnings accrued provided no violation of these Terms of Service.
10.0 Relationship of Parties
You are an independent contractor, and nothing in these Terms of Service will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. 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 site or otherwise, that reasonably would contradict anything in these Terms of Service.
11.0. Limitations 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 these Terms of Service 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 for the previous 12 month period paid or payable to you under these Terms of Service.
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 limitation, warranties of fitness, merchantability, non‐infringement, 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 the Affiliate Platform will be uninterrupted or error‐free, and we will not be liable for the consequences of any interruptions or errors.
13.0 Independent Legal Advice
You acknowledge that you have read and agree with all these Terms of Service. You understand that we may at any time (directly or indirectly) solicit Customer referrals on terms that may differ from those contained herein or operate web sites that are similar to or compete with your website. 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 these Terms of Service.
14.0. Dispute Resolution
Any dispute related in any way to your visit to the use of our services shall be solved by you and us first and the communication in regards to the dispute shall be recorded but kept confidential. If an amicable solution is not reached, the dispute shall proceed to any court of competent jurisdiction and the Client hereby consent to exclusive jurisdiction and venue of such courts in England and Wales.