THIS AFFILIATE PROGRAM AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND SHAWNA LEIGH DESIGNS FOR PARTICIPATION IN THE SHAWNA LEIGH DESIGNS AFFILIATE PROGRAM. BY APPLYING FOR AND PARTICIPATING IN THE AFFILIATE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT APPLY OR PARTICIPATE IN THE PROGRAM.
Shawna Leigh Designs reserves the right to terminate this agreement at anytime for any reason without notice.
1. CHANGES TO AGREEMENT
Shawna Leigh Designs reserves the right to make changes to the affiliate agreement at anytime. Continued participation in the affiliate program constitutes your agreement to any and all changes made to this agreement.
Affiliates can earn commissions in the program by referring new, paying customers to Shawna Leigh Designs. The amount of the commission earned depends on the product or service sold. Not all products or services are eligible for commissions.
3. COMMISSION LOCKING PERIOD
Each new sale that you generate must remain in good standing before the commission for that sale will be paid out. When you send a successful sale, the commission for that sale is held for 45 days (commission locking period) before it’s eligible to be paid out. This locking period helps validate the quality of the lead that you sent. If the sale that you sent is still valid after 45 days, the commission for that sale will be eligible for payout. Certain circumstances can render a sale invalid. These circumstances can include but are not limited to; cancelled sales, account termination, charged-back sales, refunds, users with outstanding account balances, duplicate sales, or sales from users who are already paying customers. Commissions earned from invalid sales are not eligible for payout.
There is no minimum payment threshold and all eligible commissions will be paid out each month via PayPal. Payments will be issued to the PayPal email address you provided when you applied for the program. If your PayPal email address has changed, you can update it by contacting email@example.com. It's your responsibility to ensure that your payment details are correct. Shawna Leigh Designs cannot be held responsible for incorrect payment details. If for any reason an eligible commission is not paid out, it will be carried over to the next month. All funds are paid in U.S. Dollars.
You must have a corresponding W8 or W9 on file with Shawna Leigh Designs before payment can be released.
The following list of restrictions applies to all affiliates. If at anytime any number of these restrictions are violated, this agreement will be terminated and any unpaid commissions will not longer be valid. It's Shawna Leigh Design's sole discretion whether or not these terms were violated.
- Affiliates cannot copy or use text or images from the Shawna Leigh Designs website.
- Affiliates cannot engage in cookie stuffing or other cookie manipulation tactics.
- Affiliates cannot earn commissions on their own purchases.
- Affiliates cannot engage in unsolicited mass email campaigns or any other type of spam.
- Affiliates cannot bid on keywords in Pay Per Click advertising for the terms "Shawna Leigh", "Shawna Leigh Designs" or any variations or misspellings.
- Affiliates cannot make representation; either expressed or implied that visitors to their website are visiting the Shawna Leigh Designs website.
- Affiliates cannot use the term "Shawna Leigh Designs" or any variations or misspellings as a keyword for Search Engine Optimization with the intent to rank higher in search engines.
6. ANTI-SPAM POLICY
Shawna Leigh Designs DOES NOT TOLERATE the sending of unsolicited email messages and will prosecute all offenders to the fullest extent of the law. By agreeing to the terms and conditions of this agreement, you also agree to the following:
- Emails promoting Shawna Leigh Designs MUST NOT contain or include a falsified sender domain name or falsified IP address.
- Emails promoting Shawna Leigh Designs MUST NOT be routed or relayed through servers that the sender does not have explicit authorization to use.
- Emails promoting Shawna Leigh Designs MUST NOT include a false or misleading subject line that attempts to disguise or conceal the content of the email.
- Emails promoting Shawna Leigh Designs MUST have a functioning return email address in which the recipient can reply to.
- Emails promoting Shawna Leigh Designs will ONLY be sent to individuals who have given you their Affirmative Consent as defined in Sec. 3.1 of the CAN-SPAM Act of 2003.
- Emails promoting Shawna Leigh Designs MUST include valid contact information of the sender, including physical address.
- Affiliates MUST process any and all opt-out requests within 3 business days or less of the request.
- Affiliates MUST NOT use Shawna Leigh Designs (including any abbreviation or variation thereof) identifying information in the originating or return e-mail address line, header or subject line. The email should clearly announce that the offer enclosed in the email is being sent by you for the benefit of your users/readers.
- You agree and affirm to comply with all the rules and regulations set forth in the CAN-SPAM Act of 2003 as well as all obligations and provisions herein.
7. FTC GUIDELINES
It’s your responsibility to comply with FTC endorsement and disclosure laws. Failure to comply will result in immediate suspension from the program.
Shawna Leigh Designs does not express or imply any warranties or representations in respect to our affiliate program or an affiliate's potential to earn income from our affiliate program. We make no representation that either our site or that of the affiliate program will be uninterrupted or error-free and we will not be liable for any consequences of interruptions or server down time.
10. LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL SHAWNA LEIGH DESIGN'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Shawna Leigh Designs, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Shawna Leigh Designs. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that reasonably would contradict anything in this Section.
This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Questions can be directed to firstname.lastname@example.org