Sleep Made to Measure Terms and Conditions for Affiliate Marketing
By clicking on the “I Agree” button to submit this application, you acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions once your application is accepted. This is a legal agreement.
Terms and Conditions
You are participating in this program solely to legally advertise our website and to receive commissions on items purchased by customers referred to our website by you.
2. Commission Payments
A commission of 10% of net sales will be paid on all collected online sales trackable to your affiliate link. Net sales means the amount remaining after deductions for shipping, handling, sales tax, duty, and any discounts applied from redemptions of gift certificates, coupons, sales or credits with respect to such sales have been deducted.
You cannot refer yourself or receive commissions on your own accounts.
In order to receive a commission payment, you must have a minimum of $20 in payable commissions. If the amount payable is less than that, the balance will be carried forward and paid once the $20 threshold is reached.
Commission payments will be made on the 3th day of each month for commissions approved during the previous month.
Commissions will be approved 30 days after shipment
Commissions will not be rewarded for sales involving returned goods, credit card fraud, bad debts, cancellations and chargebacks. No commission will be paid if the visitor to our site cannot be tracked to your affiliate link by our system. No commissions will be paid on any fraud, duplicates, system test or other bogus transactions. It is our sole discretion to determine if transactions are legitimate.
Commission payments will be made via PayPal.
This commission rate is subject to change at any time subject to our sole discretion. You will be notified vial email if the commission rate changes.
3. Method – Affiliate Tracking
When a visitor clicks through your affiliate link or a “Direct Link” on your registered website, a cookie is set in their browser that contains your affiliate ID. Also, their IP address is tracked in the database along with your affiliate ID.
When this person decides to buy a product from us, the script will both look for this cookie and try to match their IP address to identify the affiliate who will be awarded the commission.
Our cookies expire after 45 days, so repeat visitors that do not come directly from your site will still count towards your commissions for 45 days, unless the cookie is otherwise removed by the user, or the customer comes through another affiliate’s link, wherein the new affiliate’s cookie will overwrite the original cookie. We do this to allow fairness for all new affiliates targeting this market.
For a sale to generate a commission, the customer must follow the link from your site to our site, purchase the products in question using our online ordering system, accept delivery of the item at the shipping destination, and remit full payment to us.
If a customer returns an item after the commission has been paid, the amount of the commission on the returned item will be deducted from future commission payments.
4. Sales Reports
You will receive a password that will allow you access to a site where you can review your unaudited sales statistics. The form, content and frequency of these reports may vary from time to time at our discretion.
5. Good Faith
You agree that you will conduct your business as an affiliate in a professional manner and in compliance with all applicable laws. You agree to use only accepted, legal marketing practices to generate sales in our affiliate program and will not knowingly benefit from traffic generated using unaccepted or illegal marketing practices.
6. Revocation of Affiliate Status
Your affiliate status in the program may be suspended or terminated at any time and for any reason at our sole discretion.
The following are some examples of unacceptable marketing activities that will result in immediate termination of your account. The following are listed for purposes of illustration only and this list is not exhaustive:
- Any form of spamming (mass email, mass newsgroup posting, etc.)
- Inappropriate advertisements (false, misleading or fraudulent claims, misleading hyperlinks, etc.)
- Advertising on hate sites, adult sites, or sites containing or promoting illegal activities.
- Violation of intellectual property rights
- Use of our banners or links in places such as banner networks, hit farms, counters, guestbook’s, etc.
- Any placement of creative in a “Desktop” advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
- Any display of a merchant window that isn’t the result of a direct click by the end-user.
- Any attempt to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions.
- Engagement in any of the above listed activities will result in immediate termination of your account and the forfeiture of all commissions.
Sleep Made to Measure will not be held liable for any legal action against you nor be financially responsible for any fines owed by you as a result of any illegal or fraudulent actions by you.
8. Affiliate Links
As an affiliate site, we will make available to you banners, button links to our site and/or text links to our site (the “Links”), containing our logo and words identifying our company and products. We will also make available a packet that contains images and descriptions of our products that you may use as-is or have rewritten to suit your site.
In using the Links, you agree that you will take full responsibility in maintaining all such Links. You shall not alter, modify or expand the Links in any way without our written consent. If the HTML code is altered after copying from that web page, we take no responsibility for you receiving credit for any sale. Any change you make may cause the tracking to no longer function correctly. You agree to ensure that each link connecting users of your site to our site will in no way alter the look, feel or functionality of our site.
You may use the Links both on your website and within in your non-spam email messages. You may also advertise our website “offline” in classified ads, magazines, and newspapers. You may use only the graphics and text provided to you by us, unless we have approved any other text, graphics or advertising material in writing before you use it.
You are allowed to display the prices of Sleep Made to Measure products on your website, but you are responsible for keeping your information on pricing up-to-date as we from time to time will post specials, discounts or change product pricing at our sole discretion. We do not guarantee the availability or price of any particular product.
You are not authorized to make any representations or warranties about our products or on our behalf (other than representations or warranties in the content we have provided to you or have approved in writing) or to enter into any commitments on our behalf. We reserve the right to require, at our sole discretion, the correction or deletion of any material from any of your advertising, promotion or publicity relating to Sleep Made to Measure.
You must place the appropriate copyright and trademark notices when using our names, logos, etc.
You agree not to use the Links, our trademarks, images, content, or intellectual property of any type for activities other than driving affiliate transactions to our website.
We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
You are an independent contractor, and nothing in this agreement will establish a joint venture, partnership, agency, franchise, sales representative, or employment relationship of any kind. You agree that you are responsible for payment of all taxes arising from your participation in our affiliate program. No taxes will be withheld from your commission payments.
This relationship is non-exclusive for both parties, meaning you are free to be an affiliate of other companies and we are free to contract with other affiliates.
We may contact you via email for the purpose of informing you of any changes or additions to this affiliate program or for other matters related to this affiliate program.
10. Non-Exclusive Limited License and Use of Sleep Made to Measure Logos and Trademarks
We grant you a non-exclusive, non-transferable, revocable right to access our site through Links solely in accordance with the terms of this agreement, and in connection with such Links, to use our logos, trade names, trademarks and similar identifying material (collectively, the “Trademarks”) solely for the purpose of generating sales through our affiliate program. You may not alter, modify or change the Links, the Trademarks, or any other graphical images or text content that we provide to you or otherwise have approved in accordance with this agreement. The use of any of the Links, the Trademarks, graphical images or text content are only extended to members in good standing of our program. All Trademarks, images, technology, and content provided for your use shall remain the sole property of Sleep Made to Measure.
If you see logos, trademarked items or other content that is not in the materials available to affiliates in the marketing section of our website and you wish to use them on your site, you may not use them without prior written permission. Permission to use these items is not to be construed as Sleep Made to Measure. giving you any legal ownership or rights to these logos, trademarks or other content other than the limited license granted pursuant to this section.
You may not register any TLDs (top level domains) in any country using our Trademarks without written permission in advance.
The rights granted to you pursuant to this section shall terminate upon the effective date of the termination of this Agreement.
11. Marketing claims
Reseller agrees that all advertising and marketing of products shall be in full compliance with USA Federal Trade Commission regulations. Reseller understands that the science behind the benefits of minimalist shoes is still preliminary and the FTC does not permit sales and marketing to contain any claims of unsubstantiated health benefits. Reseller explicitly agrees to refrain from making any claim that the product will produce any health benefit unsubstantiated by science.
12. Limitation and Exclusion of LiabilitySleep Made to Measure shall not be liable to you, or any other third party, and shall be held harmless for any loss, cost, damage or expense incurred in connection with the promotion, marketing and advertising of our products and services. In no event shall we be liable for any indirect, incidental, consequential, special or exemplary damages, including without limitation, loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not we had been advised of the possibility thereof. Our maximum aggregate liability shall not exceed the total outstanding commission fees payable to you under to this agreement.
Sleep Made to Measure. will also not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files and other technical problems, and any results of “intents of harm” to the program and/or to our website. We do not make any expressed or implied warranties with respect to the affiliate program, our website, and/or the products or services sold by us. We make no claim that the operation of the affiliate program and/or our website will be error-free and we will not be liable for any interruptions or errors.
13. Warranties and DisclaimersExcept as set forth in this agreement, we make no warranties of any kind to any person with respect to this affiliate program, this includes the affiliate program availability or lack thereof, or any data or materials supplied thereby, whether express or implied, including any implied warranties of merchant ability or fitness for a particular purpose or non-infringement.
We make no representation that the operation of any of our computer systems will be uninterrupted, or error-free, and will not be liable for the consequences of any interruptions or errors, therefore you accept that our computer systems, products, and services are provided on an as-is basis.
We also do not guarantee or predict any type of profit from your participation in our affiliate program.
You shall defend, indemnify, and hold Sleep Made to Measure. and their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorneys’ fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement contained in this agreement, (b) the performance of your duties and obligations under this agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our content or this affiliate program.
15. Term of the Agreement
The terms of this agreement begin upon your acceptance in the Sleep Made to Measure Affiliate Program. You will be notified via email if we accept your affiliate application.
This agreement will end when terminated by either party and may be terminated at any time.
The terms of this agreement may be modified by us at any time.
If this agreement is terminated or modified, you will be notified via email. If any modification to the terms of this Agreement is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
16. MiscellaneousThis Agreement will be governed by the laws of the United States and the State of Colorado, without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the federal or state courts located in or closest to Boulder, Colorado, and you irrevocably consent to the jurisdiction of such courts.
You may not assign this agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.
17. Entire Agreement
This agreement replaces, supersedes and cancels all previous arrangements, understandings or agreements between the parties either oral or written with respect to the subject matter of this agreement and expresses and constitutes the entire agreement between the parties.