Terms & Conditions Applicable to Sleepenvie Affiliates
Please read the terms and conditions below carefully before registering as an affiliate. By signing up for the Sleepenvie Affiliate Program, you are indicating your willingness to abide by these terms and conditions which form a binding agreement between you and Sleepenvie Inc. We reserve the right to deny approval of your application to our Affiliate Program or your right to receive commissions and/or terminate your participation or disqualify you at any time if, in our discretion, we feel you are not complying with any of the terms and conditions of this agreement. If you do not wish to consent to this agreement, please do not participate in our Affiliate Program.
For you to be eligible for our affiliate program, you must be 18 years or older.
It is our expectation that you only use honest and ethical means to promote our products. In addition, you may not: (i) offer a cash incentive or discount on our product(s) as a means of promotion; or (ii) run any paid ad on Facebook or other social media outlets unless we have directly provided you with a discount code for that purpose.
You will be immediately removed from our Affiliate Program if we determine, in our sole discretion, that your marketing, websites, emails or any other communications linked to, or associated with, Sleepenvie in any way contains, promotes or links to material that is: (i) sexually explicit or violent; (ii) discriminatory based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age; (iii) defamatory, unlawful or in violation of marketing laws or guidelines meant to protect consumers; (iv) in violation of Sleepenvie’s or a third party’s privacy, intellectual property, contractual or other rights; (v) deemed to promote or encourage illegal activity; or (vi) deemed by Sleepenvie to be inappropriate, unlawful or unsuitable.
COMPLIANCE WITH LAWS
You must comply with all applicable laws and follow all applicable policies and guidelines, including those relating to consumer protection, marketing, advertising, competition, defamation, electronic transactions, privacy, and intellectual property. This includes compliance with the laws and guidelines of the Federal Trade Commission (FTC), the U.S. Federal Can-SPAM Act, Canada’s Anti-Spam Legislation (CASL) and Canada’s Personal Information Protection and Electronic Documents Act.
You agree not to spam or send any unsolicited email or other communication to any party in connection with the promotion of our products. Spam includes emailing or posting to anyone who has not requested information via email or any website, and also includes spamming search engines with links.
We’ve taken every effort to ensure we accurately represent our promotion and its potential to help you earn commissions. However, there is no guarantee that you will get any results or earn any money by participating in our Affiliate Program. Your level of success in attaining results is dependent upon a number of factors, including your skill, knowledge, ability, dedication, business savvy, network, contacts, and financial situation. We offer no professional, legal or financial advice.
When a web surfer clicks through the unique affiliate link that we have provided to you, a cookie is set in their browser that contains your affiliate username. Also, their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time (up to 30 days) and the commission will still be awarded if the cookie is present in their browser and/or they are using the same IP address as the one logged in the database.
While Sleepenvie makes every reasonable effort to accurately track and pay commissions for all sales that come from you, we can not be responsible for any technical difficulties, outside events, actions by other affiliates, or other uncontrollable events that may disrupt or interfere with our ability to track sales or pay commissions.
You will receive 3% (Supporter level) or 5% (Ambassador level) commission for every sale of a Sleepenvie product above $20 USD before taxes (subject to the exclusions below) that is directly referred by you to Sleepenvie’s site through your unique link or cookie. Only sales tracked through your site will be eligible for commissions.
Commissions are calculated and paid in the same currency in which the sale took place. Commission payments will be sent to you via Paypal or direct deposit approximately 100 days after sale or such other date as we may determine from time time. Please note that you will not be paid a commission on sales or orders that are delinquent or that are attributed to spam, credit card fraud, or returned products. All of our Philip Stein branded products are excluded from the Affiliate Program and are not eligible for commissions. Your commissions are counted and final numbers are deemed final at our sole discretion and decision. All commissions are based on purchase price.
LINKS AND TRADE MARKS
Sleepenvie will provide you with links as well as any related banners, graphics, or text ads necessary to promote and offer our product(s) eligible for commissions to your customers. Any permitted advertising or endorsements by you of our products must be done with the appropriate disclosure of our relationship to you under this agreement. You may not use our banners, images or videos as if they are your own on your own sites or any other sites, as it may cause a customer to opt-in thinking they are opting in to our communications rather than yours. The best practice to generate sales is to establish your own brand, identity, and sites, then to authentically recommend our products and not pretend to be us.
Our trade marks, logos and other intellectual property are provided to you under a non-exclusive, revocable limited license to reproduce them in their entirety without modification in order to promote our products by linking back to our site. This license is granted solely in connection with your performance under this agreement while it remains in force. All goodwill associated with our marks will inure to our benefit. You may not email or post our links (etc) on websites that are not owned or maintained by you.
You are not permitted to purchase our products through your link for personal use and receive a commission on that sale. Links are intended to drive new customers to the promotion.
Except as expressly described in this agreement, you may not use or reproduce any copyright, trademark, logo, service mark, general branding or other intellectual property of Sleepenvie or its contractors or licensors without full disclosure and written permission.
In addition, you may not:
a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Sleepenvie by any person or entity;
b) take any action that could reasonably cause any customer confusion as to your relationship with Sleepenvie, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
c) frame your website to look like Sleepenvie’s website or create redirects or jump pages that immediately direct to our website;
d) use our branding in any way that would confuse customers or the general public as to who is hosting or promoting the products;
e) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks, trade names, design marks or service marks of Sleepenvie or our partners or competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service, or other search or referral service;
f) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of Sleepenvie intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service, or other search or referral service; or
g) dilute the value of our trade marks and/or the Sleepenvie brand or misrepresent our relationship with you.
RELATIONSHIP OF PARTIES
Nothing in this agreement shall be deemed to create a partnership, joint venture, agency relationship, sales representative, or employment relationship between you and Sleepenvie. You are participating in our Affiliate Program as a fully independent entity and are responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licenses, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workman’s compensation insurance. Under no circumstances will we be held liable for any of your actions.
You agree not to disclose, share, use, copy, adapt, alter, distribute, duplicate, or part with possession of any of our confidential information that is disclosed to you by Sleepenvie or otherwise comes into your possession under this agreement or in relation to your enrolment in our Affiliate Program. Confidential information includes non public information or trade secrets that are of a confidential and/or proprietary nature, including materials and information about our business such as sales figures, software passwords, ideas, stories, activities, products, content, customer information, financial information, business plans, business processes, marketing plans and strategies, customer lists, personal information of executives, business strategies, relationships with other vendors, concepts and systems, technical data, and other similar information. The terms of this agreement, including the commissions payable to you are also confidential information. You may, however, disclose confidential information to your employees and agents who (a) have a need to know such information; and (b) agree in writing to comply with confidentiality obligations that are similar to those under this agreement.
INDEMNIFICATION AND LIABILITY
You agree to indemnify and hold harmless Sleepenvie, its affiliates and our respective directors, officers and employees from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which we may be subject to or incur in connection with your performance under this agreement. Sleepenvie will have no liability to you for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits in connection with this agreement and/or your participation in our Affiliate Program.
TERM AND TERMINATION
This agreement begins on our written approval of your application. The relationship between us may be terminated by either of us for any reason on 10 days written notice. Upon termination you will immediately remove all links and materials referring to Sleepenvie or our products from your website, emails, etc and no further use will be permitted. The confidentiality and indemnification clauses will survive termination.
This agreement constitutes the entire understanding between you and Sleepenvie. We may modify or update our terms and conditions from time to time by posting a notice of change and your continued participation in our Affiliate Program and/or promotion of our products represents or consent to such modifications. If you do not agree, we ask that you remove yourself from our program and cease to promote our products. This agreement shall be construed and interpreted according to the laws of the province of Ontario and the federal laws of Canada applicable in Ontario. This agreement shall be binding upon us and our affiliates, as well as our heirs, successors, assigns, and personal representatives. If any provision or covenant of this Agreement should be held by any court with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof of this agreement, all of which shall remain in full force and effect.