Fablades Affiliate Program Terms & Conditions
Fablades (“Fablades” or “we”) is excited to launch the affiliate program, which allows you, as a Fablades Affiliate (“Affiliate” or “you”) the chance to earn money, as further described herein (“Affiliate Program”). By becoming an Affiliate, you agree to these Fablades Affiliate Program Terms and Conditions (“Agreement”).
1. GETTING STARTED
Participating in the Fablades Affiliate Program is easy. First, you have to apply to our Affiliate Program by creating an account with us and filling out an application HERE. You must have a valid PayPal account for receiving payment. By applying to the Affiliate Program, you represent and warrant that you are at least 18 years of age and you are not a resident of a country currently under sanction by the Office of Foreign Assets Control, which is subject to change at any time.
After you complete the online application, Fablades will review your application and, in its sole discretion, may accept you as a our Affiliate, which is based on brand and demographic fit and shall be monitored on an ongoing basis. If Fablades chooses you as an Affiliate, then Fablades will provide an email approval. Once approved, you will access your account and be given a unique URL (“Unique URL”) to display on your website and social media channels as described in this Agreement.
Fablades may re-evaluate your Affiliate status and reserves the right to terminate such Affiliate status at any time, which shall take effect immediately upon notice to you.
2. ELIGIBLE FABLADES PRODUCTS & VALID PURCHASES
The “Eligible Products” you may earn a Commission on are the products that you and Fablades have discussed previously.
Fablades uses a third party service provider to track a customer from the first click of your Unique URL to the purchase of an Eligible Product on Fablades website.
A “Valid Purchase” means that a customer clicked on your Unique URL and purchased a Fablades Eligible Product from www.fablades.com (the “Fablades website”) within the predetermined days (cookies) agreed on between you and Fablades previously. For example if You and Fablades agree on 15 days, this means that if someone clicks on your Unique URL on day 1, but purchases an Eligible Product on day 16, then this is not a Valid Purchase. Fablades determines whether a purchase is a Valid Purchase in its sole discretion, and has sole right to make decisions if discrepancies in tracking exist.
You agree that Fablades has the right to all tracking data that Affiliate gathers through its participation in this Affiliate Program.
3. COMMISSION FEES
When a Referral makes a Valid Purchase, you will earn the Commission as outlined in this Agreement. “Referral” shall mean a Fablades Customer that has made a Valid Purchase.
Fablades Affiliates earn a commission rate, the commission rate is discussed and determined previously between You and Fablades.
Fablades reserves the right to change the Commission percentages immediately upon written notice to you. In such case, the new Commission price shall take effect immediately for any Referrals after the date of notice of Commission price change. Affiliates who have a high performance rate may be eligible to earn a higher Commission rate, as determined by Fablades in its sole discretion on a case by case basis.
Commissions are generally paid according to the agreement made between Affiliate and Fablades via email, for Valid Purchases. There are rare exceptions to this timing and payment may take up to 45 days from the end of the month in which the Referral made a Valid Purchase. You will need to create a PayPal account in order to get paid your Commissions, and you agree to provide Fablades with your PayPal account name and email or any other reasonably requested information in order to facilitate payment to you.
Deductions against Commission: We reserve the right to reverse Commissions due to returns, order cancellations, erroneous order duplications or erroneous payments made to you. We also reserve the right to defer or refuse Commissions for disputed orders or orders we reject and cannot fulfill. We reserve the right to refuse or reverse Commissions in the event Affiliate is in breach of this Agreement.
4. PROMOTING FABLADES PRODUCTS
You must comply with the following requirements when promoting Fablades Eligible Products:
You may direct consumers to Fablades products through links to the Fablades website (and associated subdomains) placed on your personal website or social media channels (subject to the restrictions below), provided that such websites or social media channels are aligned with Fablades Affiliate Program terms and conditions, as determined by Fablades in its discretion. For example, you may not place links to Fablades website, on sites or social media that contains obscene, vulgar, profane, discriminatory, illegal, harmful or violent material. In case an Affiliate places links to Fablades website on a website or social media accounts that promotes or contains above material, Fablades retains the right to immediately remove your affiliate program and to suspend payments due to illegal activity.
You may not purchase, own or bid any domain names with the word Fablades or Fablades logo or otherwise use Fablades Marks in the sub-domain of your website URL.
You may not offer any discounts, free trials, coupons, rebates, “kickbacks,” or any other promotional offers that are not expressly approved by Fablades in writing.
You may use the Fablades Marks on your website or social media, provided that such uses are (i) not part of the social media name or website URL, (ii) in accordance with the social media terms of service and (iii) in accordance with Fablades guidelines.
You may not create a website or social media account that in any way copies the name or logo or resembles Fablades.
You may not make any warranties regarding the items sold on Fablades on Fablades’s behalf. All statements made by you regarding the items sold on Fablades must be true and accurate.
You may not connect the Fablades Marks with any products or services not aligned with the Fablades terms and conditions, which is determined by Fablades in its sole discretion, for example, grey market, counterfeit or illegal products/services, products/services that promote violence, discrimination or harm, and products/services associated with pornography or obscenity.
You may not use materials that (i) infringe on third party rights, including intellectual property, publicity or privacy rights, (ii) are threatening, harassing, defamatory, obscene, harmful, offensive, or contains nudity, pornography, or sexually explicit materials, or that appeal to minors; (iii) contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information; or (iv) contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Affiliate payments from another website, including toolbars, browser plug-ins, extensions, and add-ons.
You may not use any automated software or other technology in an attempt to manipulate or create fake Valid Purchases or otherwise engage in behaviour that is fraudulent, abusive or harmful to the Affiliate Program, other Affiliates, Fablades customers or Fablades.
You may not send unsolicited bulk-emails (spam).
You must disclose that in all marketing and advertising, including social media posts, that you are a Fablades Affiliate and receiving compensation for any sales of the Products, and include the word “ad” or “advertisement” as required by applicable laws, including your local laws.
You must follow all applicable rules, guidelines, community standards and online terms by applicable social media platforms, laws and regulations, including without limitation, privacy, marketing and advertising laws and any FTC or other applicable disclosure guidelines.
5. FABLADES LICENSED MATERIALS
Fablades may provide you with promotional materials if agreed on by both the Affiliate and Fablades , including but not limited to graphic banners, Fablades Marks, including logos, and other content to be used on your website or social media pages (“Licensed Materials”). Fablades grants you a limited license to use these Licensed Materials in accordance with this Agreement and any other brand guidelines that Fablades may provide. Fablades brand guidelines include using the most up to date version of logos and not altering any Licensed Material that may be given to you by Fablades. All uses of the Licensed Materials inures to the benefit of Fablades. You agree to immediately cease use of any Fablades Licensed Materials not in accordance with Fablades brand guidelines upon request by Fablades, or upon termination of your Affiliate status. This license may be revoked by Fablades at any time immediately upon notice to you. Fablades retains all right, title, and interest in and to the Licensed Materials.
To the extent you create your own advertising materials that contain any unaltered Licensed Materials, such as the Fablades Marks, Fablades reserves the right to review and approve such materials, including email copies, website and social media copies. You agree to promptly provide Fablades with such copies when requested by Fablades.
You agree that Fablades may use, reproduce, create derivative works of, publicly display and distribute any content or materials you may create under this Affiliate Program in connection with the marketing of Fablades’s products and services.
Fablades may provide Affiliates with confidential and sensitive information around the Fablades Eligible Products or certain Fablades campaigns or offers, and Affiliate agrees to keep such information strictly confidential and not to release such confidential information into the public domain at any time before it becomes public by Fablades. Affiliate agrees to only use such confidential information for performing its obligations as an Affiliate and never for its own benefit. Affiliate also agrees that information about Referrals, and associated customer information, is Confidential Information of Fablades.
8. INTELLECTUAL PROPERTY
The Fablades advertising material, including the Fablades Marks, domain names and promotional materials constitute intellectual property owned by Fablades. Affiliate also acknowledges Fablades’s ownership of all customer-related information, including those arising from Referrals. Affiliate must respect the intellectual property of Fablades at all times, including being in full compliance with this Agreement.
9. LEGAL COMPLIANCE
If you are marketing or acting as an Affiliate outside the United States or Canada, you are fully responsible for compliance with all local laws, including marketing, advertising and privacy regulations.
10. GENERAL REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
You are responsible for your employees, agents or contractors and shall be liable for their acts or omissions in breach of this Agreement.
You have full right, power and authority to enter into this Agreement and to perform your obligations hereunder, without the approval or consent of any other party, and your participation in this Affiliate program complies and will comply with the laws in your jurisdiction.
11. MODIFICATION AND TERMINATION
Fablades may change the terms of this Agreement upon notice, including Commission rate. Any changes shall take effect immediately after the date of notice. We will communicate any changes or modifications directly to you via email, your continued participation in the Affiliate Program constitutes your acceptance of the updated terms.
Fablades reserves the right to suspend or remove Affiliates from the Fablades Affiliate Program at any time, without warning, in its sole discretion. Either party may terminate this Agreement, with or without cause, upon written notice to the other party. Upon termination, you agree to immediately discontinue use of your Unique URL and all links to Fablades websites, and use of Fablades Licensed Materials, including the Fablades Marks. Affiliates terminated due to malicious, fraudulent or illegal behaviour will also have all prior Commissions revoked.
12. INDEPENDENT CONTRACTOR
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 us. 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 website or otherwise, that reasonably would contradict anything in this section.
13. ENTIRE AGREEMENT
This represents that entire Agreement between you and Fablades with respect to this Affiliate Program. This Agreement does not alter any other agreements you may have with Fablades, including the Fablades Terms and Conditions which govern your own use of the Fablades products and which shall remain in full force and effect.
Thank you and we look forward to working with you 🙂