Affiliate Agreement for Deardick.com
This Affiliate Agreement (“Agreement”) is entered into by and between Deardick.com (“Company,” “we,” “us,” or “our”), and the individual or entity agreeing to these terms (“Affiliate,” “you,” or “your”). This Agreement governs your participation in the Deardick.com Affiliate Program (“Program”). By enrolling in the Program, you agree to be bound by the terms and conditions outlined below.
1. Definitions
- Affiliate: An individual or entity approved to promote Deardick.com products or services in exchange for commissions.
- Affiliate Link: A unique tracking URL provided to the Affiliate for referring customers to Deardick.com.
- Commission: The payment made to the Affiliate for qualifying sales or actions generated through their Affiliate Link.
- Qualifying Sale: A completed purchase on Deardick.com attributed to the Affiliate’s referral, meeting the criteria outlined in this Agreement.
- Program: The Deardick.com Affiliate Program as described in this Agreement.
2. Enrollment in the Program
2.1. To participate, you must submit an application via the Deardick.com Affiliate Program portal. We will review your application and notify you of approval or rejection at our sole discretion.
2.2. You must provide accurate and complete information during the application process and update us if any information changes.
2.3. We reserve the right to reject or terminate any Affiliate for reasons including, but not limited to, inappropriate content, fraudulent activity, or violation of this Agreement.
3. Affiliate Responsibilities
3.1. Promotion: You agree to promote Deardick.com products or services using approved methods, including your website, blog, social media, or email marketing, in compliance with this Agreement.
3.2. Compliance with Laws: You must comply with all applicable laws, including but not limited to the Federal Trade Commission (FTC) guidelines on endorsements and testimonials. You must disclose your affiliate relationship with Deardick.com clearly and conspicuously in all promotional materials.
3.3. Prohibited Activities: You may not:
- Use deceptive, misleading, or unethical marketing practices.
- Promote Deardick.com on websites or platforms containing illegal content.
- Bid on Deardick.com branded keywords (e.g., “Deardick,” “Deardick.com”) in paid search advertising without prior written approval.
- Use your Affiliate Link in spam emails or unsolicited communications.
- Misrepresent Deardick.com products, services, or pricing.
3.4. Content Approval: All promotional materials must align with Deardick.com’s brand guidelines. We reserve the right to request removal of any content we deem inappropriate.
4. Affiliate Links and Tracking
4.1. Upon approval, you will receive a unique Affiliate Link to track referrals.
4.2. You are responsible for ensuring your Affiliate Link is properly implemented. We are not liable for lost commissions due to improper tracking or technical errors on your part.
4.3. We use third-party tracking software to monitor clicks, sales, and commissions. You agree to accept the tracking system’s data as final.
5. Commissions
5.1. Commission Structure: You will earn a commission for each Qualifying Sale generated through your Affiliate Link. The commission rate is 20% of the net sale amount (excluding taxes, shipping, and discounts) or as otherwise specified in the Program dashboard.
5.2. Qualifying Sales: A sale qualifies if:
- You are a US resident.
- The customer completes a purchase through your Affiliate Link.
- The sale is not refunded, canceled, or charged back.
- The customer is not referred through prohibited methods (e.g., coupon sites, unless approved).
5.3. Payment: Commissions are paid the 1st of every month via PayPal, provided your earned commissions exceed $100. Payments are made within 30 days after the end of the payment period.
5.4. Taxes: You are responsible for all taxes related to your commission earnings. We may issue tax forms (e.g., IRS Form 1099) as required by law.
6. Term and Termination
6.1. This Agreement begins upon your acceptance into the Program and continues until terminated by either party.
6.2. Either party may terminate this Agreement at any time with written notice (email sufficient).
6.3. Upon termination:
- You must immediately cease using Affiliate Links and remove all Deardick.com promotional materials.
- Commissions earned prior to termination will be paid according to the standard payment schedule, subject to Section 5.
6.4. We may terminate your participation immediately without notice if you breach this Agreement or engage in fraudulent or unethical behavior.
7. Intellectual Property
7.1. We grant you a non-exclusive, non-transferable, revocable license to use approved Deardick.com logos, banners, and promotional materials solely for the purpose of promoting the Program.
7.2. You may not modify or create derivative works of our intellectual property without prior written approval.
7.3. All rights to Deardick.com’s trademarks, logos, and content remain with us.
8. Confidentiality
8.1. Any non-public information provided by Deardick.com, including commission rates, customer data, or business strategies, is confidential and may not be disclosed without our written consent.
9. Limitation of Liability
9.1. Deardick.com will not be liable for any indirect, incidental, or consequential damages arising from your participation in the Program.
9.2. Our total liability under this Agreement shall not exceed the total commissions paid to you in the preceding 12 months.
10. Indemnification
10.1. You agree to indemnify and hold harmless Deardick.com, its officers, directors, and employees from any claims, damages, or losses arising from your breach of this Agreement or your promotional activities.
11. Modifications
11.1. We may modify this Agreement at any time by posting an updated version on Deardick.com or notifying you via email. Continued participation in the Program constitutes acceptance of the revised terms.
11.2. If you do not agree to the changes, you may terminate this Agreement as provided in Section 6.
12. Governing Law and Dispute Resolution
12.1. This Agreement is governed by the laws of the State of Wisconsin, without regard to conflict of law principles.
12.2. Any disputes arising under this Agreement shall be resolved through binding arbitration in Racine, Wisconsin, in accordance with the rules of the American Arbitration Association.
13. Miscellaneous
13.1. Entire Agreement: This Agreement constitutes the entire understanding between you and Deardick.com regarding the Program and supersedes all prior agreements.
13.2. No Partnership: You are an independent contractor, not an employee, agent, or partner of Deardick.com.
13.3. Force Majeure: Neither party is liable for delays or failures due to causes beyond their reasonable control (e.g., natural disasters, server outages).
13.4. Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in effect.
14. Contact Information
For questions about this Agreement or the Program, contact us through the contact form.
Acceptance of Terms
By participating in the Deardick.com Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement.