These are the terms and conditions for joining our Affiliate Program. By submitting the online application you are agreeing that you have read and understand the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition.
To begin the enrollment process, you will complete and submit the online application above on FinalStraw.com/pages/affiliates. We reserve the right to decline or remove enrollment from our program at our discretion. We may cancel your application if we determine that your site and/or social profiles are unsuitable for our Program, including if it: (a) Promotes sexually explicit materials, (b) promotes violence, (c) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (d) promotes illegal activities, (e) incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law, (f) includes "FinalStraw" or variations or misspellings thereof in its domain name, (g) is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion, (h) contains software downloads that potentially enable diversions of commission from other affiliates in our program.
Affiliate Rights and Obligations
You may not create or design your social profiles, website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your social profiles and/or website in a manner which leads customers to believe you are Final Co., FinalStraw.com or any other affiliated business.
We already run search engine marketing (SEM) campaigns on Google; therefore, we ask our affiliates not to run SEM campaigns for our products and services on Google.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site and/or social media profiles. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
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 FinalStraw.com or Final Co.. 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.
You are free to promote your own web sites, but naturally any promotion that mentions Final Co. and/or FinalStraw.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Final Co.. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name.
If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Final Co. Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Final Co. Rights and Obligations
Final Co. reserves the right, at any time, to review how you are sharing your referral link and discount code and approve the use of your referral link and discount code. We may notify you of any changes to your site and social media profiles that we feel should be made, or to make sure that your discount code and referral link to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes that we feel are necessary, we reserve the right to terminate your participation in the Final Co. Affiliate Program.
Final Co. reserves the right to terminate this Agreement and your participation in the Final Co. Affiliate Program immediately and without notice to you should you commit fraud in your use of the Final Co. Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Final Co. shall not be liable to you for any commissions for such fraudulent sales.
As you send traffic to our website via your affiliate link, we will track each unique visitor, opt-in (email address) and purchase you send our way. Each link provided by Final Co. has an Affiliate ID attached. We can't track your sales and traffic without you posting the full URL, so please be sure to use your affiliate link. When a prospect visits our site from your affiliate link and/or uses your discount code, we will be able to register their purchase (if/when they make one), and credit the sale to you.
As your referrals generate sales, you will earn affiliate commissions. Please contact our affiliate manager for the most up-to-date commission percentages. Commission checks are issued once a month 40 days after the sale. This is to make sure that the customer doesn't return the product during our money-back period. We can pay you via PayPal.
The Federal Trade Commission (FTC) has endorsement rules in place for affiliate marketing. In short, they want you to disclose that you have a business relationship with us when you promote and post your link. When posting or sharing your link, you should make it known to your readers and followers that you will receive compensation if they buy a product via your link. This declaration should be clear and conspicuous (and reiterated as needed).
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 Final Co.'s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Final Co.'s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
This affiliate agreement has been designed to ensure the highest quality relationship between us. Hopefully we have demonstrated our obligations for you to become a highly prosperous Affiliate. By submitting your application, you are agreeing to the terms set forth in our Affiliate Program Agreement.
You hereby agree to indemnify and hold harmless Final Co., 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 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 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.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
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.