AFFILIATE PROGRAM TERMS OF SERVICE.
These Terms of Service are entered into by and between you and Willow and Pine LLC DBA SVG and Me (“SVG and Me”) and govern the terms of SVG and Me’s affiliate program (the "Affiliate Program"). BY JOINING THE AFFILIATE PROGRAM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS WELL AS SVG AND ME’S TERMS OF USE AND PRIVACY POLICY. Your participation in the Affiliate Program is conditioned on your acceptance of these Terms of Service and all terms, conditions, and notices contained herein. Please read the Terms of Service carefully. If you do not want to agree to these Terms of Service, you must not participate in the Affiliate Program.
1. Eligibility for the Affiliate Program
To participate in the Affiliate Program, you must enroll through SVG and Me’s Affiliate Signup. SVG and Me reserves the right, in its sole discretion, to accept or reject any request to join the Affiliate Program for any reason. Affiliates must be at least 18 years old in order to participate in the Affiliate Program.
2. Referrals
You will receive commission for Qualified Referrals to SVG and Me. The amount of commission may change at any time and without notice.
"Qualified Referrals" mean customers referred by you to SVG and Me who: (1) click on your unique tracking link; (2) within 14 days of clicking on your unique tracking link, successfully purchase a course or membership; and (3) maintain an active account and membership with SVG and Me for a minimum of thirty-one (31) days.
Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. SVG and Me, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”
3. Commissions
Commissions earned on referrals become payable 30 days after the referred customer becomes a Qualified Referral. Your total commission amount must equal or exceed fifty US Dollars ($50) before receiving a payment from SVG and Me. If your total commissions for a given month are less than $50, payment will be held until 1) the total commissions equal or exceed $50 OR 2) the end of the quarter (based on calendar year).
If at any time a Qualified Referral files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in the your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in SVG and Me’s favor, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Referral’s favor, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.
Commission payments will be paid in US Dollars and may be made via Paypal. You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and check cashing fees. Commissions are paid out on the first Friday of each month. You are responsible for any and all tax liabilities, including, without limitation, income tax liabilities, that arise from or in any way relate to any commissions paid out to you by SVG and Me.
SVG and Me reserves the right to request documentation in order to approve your account. These requests may be made at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded to in a timely manner, SVG and Me reserves the right to terminate, deactivate, or not approve your account.
4. Marketing
You shall bear your own costs and expenses related to marketing and promoting SVG and Me and/or the Affiliate Program. SVG and Me is not obligated to reimburse or credit you for any marketing expenses. If SVG and Me does reimburse you for any marketing expenses, such reimbursement shall not create a duty or obligation to reimburse any future marketing expenses.
You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:
1. Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, SVG and Me, its employees, its customers, its Services (as defined in SVG and Me’s Terms of Use), or its Affiliates.
2. Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of SVG and Me’s Services. Affiliates shall not copy SVG and Me's website or any portions thereof, including, without limitation, any of SVG and Me's trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without SVG and Me's prior express written consent.
3. Affiliates shall not offer cash back, coupons, rewards or other incentives as part of their marketing efforts for the Affiliate Program.
4. Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from SVG and Me.
5. Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s referral link.
6. Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to SVG and Me's servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in SVG and Me’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
7. Affiliates shall not bid on or use SVG and Me's trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from SVG and Me.
8. Affiliates shall not use SVG and Me's trademarks or misspelled keywords in their domain names.
9. Affiliates shall not use redirected pages and links to send a potential customer to SVG and Me’s website.
10. Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to SVG and Me’s website using an affiliate link).
11. Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
12. Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of SVG and Me, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
13. Affiliates shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq.
14. Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting SVG and Me’s Services.
15. Affiliates shall make clear that they, not SVG and Me, are the sender of all marketing communications related to the promotion of SVG and Me’s Services.
16. Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
17. Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding SVG and Me or SVG and Me’s Services without the express written consent of SVG and Me.
18. Affiliates shall not use malware or spyware to market or promote SVG and Me’s Services.
5. Termination
SVG and Me may, in its sole discretion, terminate your participation in the Affiliate Program at any time, with or without cause, and without warning or notice. Without limiting the foregoing, SVG and Me reserves the right to terminate your account if it has been inactive for 12 consecutive months. SVG and Me reserves the right to terminate your participation in the Affiliate Program and not pay the accrued balance if you have been deemed to breach SVG and Me’s Terms of Use or these Terms of Service or engage in any conduct that SVG and Me deems to be illegal, improper, unfair, or otherwise adverse or detrimental to SVG and Me.
In SVG and Me’s sole discretion, affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.
You may terminate your participation in the Affiliate Program at any time. By terminating your participation in the Affiliate Program, you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.
Upon termination, all rights granted to you shall immediately terminate.
6. Relationship between you and SVG and Me
Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and SVG and Me.
7. Release and Authorization to Use Photographs
You grant SVG and Me permission to use any and all photographs taken by SVG and Me or its agents or employees, or submitted by You to SVG and Me (hereinafter “Photographs”) in any media (including, but not limited to, print, internet, film, television and no matter how distributed or published) for any purpose, including, but not limited to, advertising, promoting, and marketing of SVG and Me or any product or service sold and marketed by SVG and Me. You agree that this authorization to use Photographs may be assigned by SVG and Me to any other party, may be combined with other Photographs, sounds, text and graphics, and may be manipulated, cropped, altered or modified in SVG and Me’s sole discretion. You agree not to make any monetary assessment against SVG and Me in exchange for the release under this section. You hereby release and forever discharge SVG and Me from any and all liability and from any damages. You further acknowledge and agree that this release is binding upon Your heirs and assigns and that the release is irrevocable.
8. Assumption of Risk
You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.
9. Changes to the Terms of Service
SVG and Me may review and update these Terms of Service at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.
10. Contact Us
If you have questions or concerns regarding these Terms of Service or the Affiliate Program, you may contact us at:
SVG and Me
P.O. Box 801
Brentwood TN 37024
Email:
[email protected]