Affiliate Agreement
PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY. BY APPLYING TO BE AN AFFILIATE, YOU CONSENT TO THE FOLLOWING.
This is a contract between you (the “Affiliate”) and The Happy Ginger Company (“The Happy Ginger Co.,” “Emily Piepenbrink,” “we,” or “us”) and its wholly or partially owned affiliates. The Affiliate Program Agreement applies to your participation in our Affiliate Program (the “Affiliate Program”).
The things you are most likely wanting to know is:
– You will not receive a payout until you’ve reached $100 in commissions.
– There is a 30 day window before any commission is paid out in order to cover any possible refunds by purchasers who used your affiliate link. If a purchaser uses your link and then gets a refund, you will not be paid for that commission.
These terms are occasionally updated. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes or ends. If we update or replace the terms we or the third-party affiliate platform will let you know via electronic means, which may include an in-program notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.
1. DEFINITIONS
1.1 “Company” refers to The Happy Ginger Company, the merchant or advertiser.
1.2 “Affiliate” refers to the individual or entity engaging in affiliate marketing activities.
1.3 “Agreement” refers to this Affiliate Marketing Agreement.
2. APPOINTMENT
2.1 Appointment as Affiliate. Company appoints Affiliate, and Affiliate accepts the appointment, to promote Company’s products/services in accordance with the terms and conditions of this Agreement.
3. COMMISSION AND PAYMENT
3.1 Commission Structure. Company agrees to pay Affiliate a commission based on 10% fee (minus taxes and shipping) for each sale generated through Affiliate’s efforts.
3.2 Payment Terms. Payments will be made on a monthly basis, via PayPal. Minimum payout threshold is $100 (United States Dollar). There is a 30 day window before any commission above the threshold is paid. If a customer using an affiliate link is refunded, that affiliate’s commission for that sale will be rejected.
3.3 Tracking and Reporting. Company will provide Affiliate with unique tracking links to monitor and report on the performance of Affiliate’s marketing efforts.
4. PROMOTIONAL ACTIVITIES
4.1 Compliance. Affiliate agrees to comply with all applicable laws, regulations, and Company’s policies in promoting Company’s products/services.
4.2 Approved Materials. Company may provide Affiliate with approved marketing materials. Affiliate agrees to use only the approved materials in their promotional activities.
5. INTELLECTUAL PROPERTY
5.1 Use of Marks. Affiliate is granted a limited, non-exclusive, non-transferable license to use Company’s trademarks and logos solely for the purpose of promoting Company’s products/services.
6. TERM AND TERMINATION
6.1 Term. This Agreement shall commence on the admission of the Affiliate into the program and continue until terminated by either party with 10 day notice period. These terms are occasionally updated. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes or ends. If we update or replace the terms we or the third-party affiliate platform will let you know via electronic means, which may include an in-program notification or by email.
6.2 Termination. Either party may terminate this Agreement for cause upon written notice if the other party breaches any material term of this Agreement.
7. CONFIDENTIALITY
7.1 Confidential Information. Both parties agree to keep confidential any proprietary or confidential information received from the other party.
8. MISCELLANEOUS
8.1 Independent Contractors. The parties are independent contractors, and nothing in this Agreement shall be construed as creating a partnership, joint venture, or agency relationship.
8.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Sumner County, Tennessee.
IN WITNESS WHEREOF, the parties hereto have executed this Affiliate Marketing Agreement as of the date of the Affiliate’s admission into the Affiliate Program.
