Seafoam Botanicals Ltd. Brand Ambassador PROGRAM TERMS AND CONDITIONS
Please read and review this entire agreement. This is a legally binding agreement between you (affiliate) and Seafoam Botanicals (www.seafoambath.com). By filling out the Seafoam Botanicals Brand Ambassador Program application form, you acknowledge that you have read and agree with the following terms and conditions and that you agree to be legally responsible for each term and condition.
SUBMITTING YOUR APPLICATION
Once you submit your application you are bound by the terms of this agreement. When filling out the application you must provide accurate and complete information. Participation in the Seafoam Botanicals Brand Ambassador Program is to legally advertise our website to receive a commission on referral customers. We will evaluate each application and you will be notified of your acceptance or rejection. We may reject your application if we determine that your website/Audience is unsuitable for any reason.
2.1. Once your application is approved, we may re-evaluate your application at any time. The terms and conditions of this agreement will begin when your application has been submitted and will end when your affiliate account has been terminated. Affiliation can be immediately revoked if we deem your site to be unsuitable for any of the following reasons; including but not limited to:
2.2 False advertisements concerning Seafoam Botanicals
2.3 Spamming using your affiliate link
2.4. Usage of materials that infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.5. Harassment or intimidation of others on your website
2.6. Content deemed to be graphic or explicit by Seafoam Botanicals
2.7. Promotion of illegal activities
2.8. Usage of technology to potentially divert commission from other affiliates in our program
2.9. Seafoam Botanicals reserves the right to review your placement and approve the usage of your affiliate links. You may use graphics and texts provided to you by us or create your own as long as it is appropriate (see condition 2.1)
2.10. 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 Seafoam Botanicals. 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 any other of your site or otherwise, that reasonably would contradict anything in this section.
While you are free to market Seafoam Botanicals on your own web site, the promotion of the Seafoam Botanicals brand could be perceived to the public as a joint effort. Please be aware certain forms of advertising are prohibited by Seafoam Botanicals. Please abide by the following guidelines when planning your marketing efforts: © 2020 Seaofam Botanicals.
3.1. Using “Seafoam Botanicals”
“Seafoam Botanicals” "Seafoam" "SeaBDtm" cannot be used as a part of an affiliate’s website domain name, blog, Facebook account, YouTube channel, Twitter username or any URL associated with the affiliate account.
3.2. Copyright and Trademark Infringement
Seafoam Botanicals reserves the right to seek legal action against retail partners and affiliates that infringe our copyrights, registered trademarks, and patented and patent-pending products. Affiliates acknowledge that they will not promote, manufacture, distribute or sell products that replicate the exclusive designs and functions owned by Seafoam Botanicals. Patented and patent-pending products owned exclusively by Seafoam Botanicals include, but are not limited to, our SeaBD tm line. Failure to adhere may result in the removal of the Affiliate Program. Seafoam Botanicals will legally pursue all parties associated with the manufacturing, distribution, and sale of counterfeit or patent infringing products. © 2020 Seafoam Botanicals Ltd.
3.3. Coupon Code Marketing Guidelines
Coupon marketing is allowed, but affiliates must adhere to the following terms:
3.4. Affiliates are permitted to use active coupon codes provided exclusively through the Seafoam Botanicals Brand Ambassador Program. Affiliates are not permitted to promote unauthorized coupon codes, codes © 2020 Seafoam Botanicals
that are exclusive to other affiliates, codes provided in customer-oriented newsletters or other promotional codes from Seafoams's non-affiliated program marketing efforts. Use or attempted use of any coupon code received from any source other than directly from the Seafoam Botanicals Brand Ambassador Program will result in lost commissions and/or removal from the program.
3.5. Promotion language must be simple, easy to understand, and should include the following: The offer, the coupon code, the expiration date, and the approved text link only. Publishers of the coupon code must not use “bait and switch” language, misrepresentations, or false advertising when promoting offers (i.e: “Click here for more possible deals”). Publishers must remove invalid coupon codes and banners, or make clear to readers that the code is expired.
3.6 Affiliates bear the responsibility for removing any unauthorized, user-submitted codes.
3.7 Distributions of coupon codes on multiple sites need to be disclosed and approved by the Seafoam Botanicals Brand Ambassador Program.
3.8. Failure to follow these guidelines will result in suspension and lost commissions. Upon warning, affiliates must remove all violations. Repeated abuse will result in cancellation of your affiliation and any pending commissions owed will not be paid if your account is terminated due to coupon code misuse.
GRANT OF LICENSES
4.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Seafoam Botanicals Brand Ambassador Program. You agree that all uses of the Licensed Materials will be on behalf of Seafoam Botanicals and the goodwill associated therewith will inure to the sole benefit of Seafoam Botanicals.
4.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than, the license granted in this agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other. © 2020 Seafoam Botanicals Ltd.
SEAFOAM BOTANICALS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROGRAM, SEAFOAM BOTANICALS SERVICES, WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF SEAFOAM BOTANICALS ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
6.1. This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
6.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this agreement and to perform your obligations under this agreement, without the approval or consent of any other party;
6.3. You have sufficient right, title, and interest in and to the rights granted to us in this agreement.
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 SEAFOAM BOTANICALS 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 Seafoam Botanicals, and its subsidiaries and affiliates, and their directors, officers, employees, agents, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable 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 rights 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 the express written permission of the disclosing party.
You will receive a commission for sending authorized sales via your affiliate links. Sales must be placed by first-time customers only. In order to place an affiliate link, you must first be approved by Seafoam Botanicals to become an affiliate. Payout rates may be changed at any time and will be communicated. It is your responsibility to determine if the payout for a link you have placed has been changed or discontinued. Payments are made automatically on the fifth (15th) day of every month when your account balance reaches the required minimum or more for the previous month’s transactions. Your account does not accrue interest. Coupon Sites are not eligible to receive monthly cash bonuses. © 2020 Seafoam Botanicals
We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include but are not limited to, changes in the payment procedures and Seafoam Botanicals Brand Ambassador Program rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in Seafoam Botanicals Brand Ambassador Program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.
REVOCATION OF AFFILIATION
Affiliation can be ended at any time, with or without cause, by giving the other party written notice. Written notice can be made in of mail or email. In addition, this agreement will terminate immediately upon any breach of this agreement by you. If Seafoam Botanicals' affiliation is revoked, you cannot rejoin the program in the future.