Effective: January 05, 2021
Affiliate Program Terms & Conditions
1. Participation in the Affiliate Program
Enrollment in the Program requires application through the affiliate signup form on the Coco Branding website (the Website). We review all affiliate signups before we decide if an application will be accepted. Your application may be rejected if we determine that you are not suitable for the Program for any reason.
2. Your Responsibilities
As a Coco Branding affiliate, you agree that:
- You are responsible for providing us with full and accurate personal, payout and promotional information and for keeping that information up to date. Such information includes, but is not limited to: contact details, promotional practices and means, payment details, and any other details we may require. We reserve the right to request additional data regarding all the websites where you promote Coco Branding and the promotional practices you use. Failure to provide accurate information may result in exclusion from the Program, suspension or termination of your Affiliate account and forfeiture of any commissions.
- You should not take actions or make recommendations to your referrals that result in a potential revenue loss for Coco Branding.
- You should not engage in incentivized programs and business-opportunity sites, using marketing practices that might be unethical or likely to attract customers not in good standing.
- You should not engage in any blackhat seo/spam link building techniques in order to generate more referrals for Coco Branding.
- You agree not to violate any applicable law.
- You should be loyal to Coco Branding and should not misuse its confidence and shall not damage its reputation.
- You are required to disclose the affiliate relationship with Coco Branding on your website.
If we detect a pattern in your affiliate practices that in our reasonable opinion violates any aspect of the T&C, we reserve the right to suspend or terminate your affiliate account and cancel all outstanding commission payments due.
3. Affiliate Advertising
When advertising our services, you should use only information approved or produced by Coco Branding. Approved information are only those we provide in the Affiliate section or page of the website or the ones that a Coco Branding representative approves in writing. Approved materials may contain the Coco Branding logos for display on your Affiliate Site and slogans. We hereby grant you a limited, non-exclusive, non-transferable license to access and download such promotional materials for placement on your website for the sole and exclusive purpose of promoting websites owned, operated or controlled by Coco Branding. By using such promotional materials, you agree to work with us in order to establish and maintain approved promotional materials.
Upon termination of your affiliate account the limited, non-exclusive license to access and download promotional materials of Coco Branding shall be automatically withdrawn.
Inappropriate ways of advertising include, but are not limited to:
- Using any illegal or spam method of advertising, e.g. unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.;
- Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
- Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
- Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
- Using our advertising and promotional materials, or name in a way which negatively affects our image;
- Using link cloaking or masking techniques or technology with the goal to promote Coco Branding on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source;
- Your website(s) must NOT contain lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The designation of any materials as such is subject to our reasonable opinion;
- Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “Coco Branding” name or any other variations or misspellings confusingly similar to the Coco Branding name, logo or domain name, without our prior approval;
Coco Branding shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in warning, suspension or termination of your affiliate account and and cancellation of all outstanding commission payments due.
4. Affiliate Commissions
We shall pay you a per-sale commission for any valid sale you refer to Coco Branding. For a valid sale ALL of the following are true:
- The sale was made as a result of your active referral efforts. We determine that if any of the following is true:
- At the time of order the customer has included the referral code assigned to you upon approval of your application which you may have received via e-mail, indicating you as the last affiliate who referred them to our website, provided that the customer has not reached our website through a search engine with a search string not containing the Coco Branding name;
- You claim that you have referred a customer no later than 2 months from their order date, the customer does not object to that claim and we do not have information that attributes the sale to another advertising channel.
- You have registered with our affiliate program before a sale is made. No commission is due for sales that were made before you registered for our Affiliate Program.
- The customer you refer has not used our services before and has not signed up for an affiliate account with us before.
- The customer completed their order processes without any assistance from you, including when you act on behalf of the customer.
- The sale is for any of our packages, including custom packages.
- The initial order payment and any related service payments of the referred customer are fully processed and are not subject to refund or chargeback.
We reserve the right to mark any sale as invalid at our own discretion, without providing any explanation or justification.
5. Commission Payments & Giveaways
Affiliate commissions are paid out via PayPal and you are responsible for any transaction fees, unless a custom agreement applies.
Giveaways are subject to the terms mentioned on the affiliate page, and will take precedence over any conflicting terms mentioned on the Affiliate T&Cs.
You are solely responsible for keeping all your information up to date including postal and email addresses, name, payment information, tax information and any other personal information that will impact our ability to process a commission payout. We will suspend commission payouts until we have all required details, including your tax information. Payout on suspended commissions can be claimed up to 6 months from the date they would have been originally due for payment.
We may suspend your commission payouts at any time and for any period, if we suspect fraudulent or other improper activity or a potential violation of this Agreement by you or any customer you refer.
We reserve the right to deduct from your current and future commissions any and all commissions paid out for sales that are fraudulent, questionable, or canceled. Where no current and future commissions are due, we will send you a bill for the balance of such refunded purchase upon termination of the program or termination of the referred customer account.
We shall provide you with a statement of commissions due via your registered e-mail.
7. Relationship of the Parties
Both Coco Branding and the Affiliate agree that they enter into this Agreements as independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between them. The Affiliate has no authority to make or accept any offers or representations on the behalf of Coco Branding. The Affiliate cannot make any statement, whether on the Affiliate website or otherwise, that reasonably would contradict anything in this section.
8. Account Termination
You can cancel and terminate your affiliate account at any time by contacting us via email@example.com. We will send you written confirmation that your account has been terminated.
Coco Branding can terminate an affiliate account:
- With a seven-day prior notice without explanation.
- Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.
- Immediately with no prior notice, if you have not generated any sales for a period longer than 6 months.
Once an affiliate account is terminated, we will no longer track the sales associated with the affiliate and you will not qualify for future affiliate commissions. Any commissions due at the time of termination will be paid to the Affiliate after any holding period and in accordance with a regular payout cycle. No outstanding commission payments will be due if we terminate your account because of violation of this T&C.
Upon termination of the Affiliate account, the Affiliate is obliged within 3 business days to remove all promotional materials, links, logos and slogans of Coco Branding from their web site. This provision shall survive the termination of the Agreement. After the termination of this Agreement, the Affiliate shall not have the right to use Coco Branding logo and slogans and shall refrain from any actions which may directly or indirectly adversely affect the image and reputation of Coco Branding, as well the business relations with its current and potential clients.
Upon termination of the affiliate account, this Agreement shall be automatically terminated.
9. Limitation of Liability
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE ONE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
This provision shall survive termination of the Agreement.
10. Governing law
Any dispute, controversy or claim arising under this Agreement shall be resolved in accordance with the legislation in the jurisdiction where the Coco Branding entity servicing your Affiliate account is located.
11. Changes to the Affiliate Program Terms
We may alter this Agreement and any policies or provisions incorporated by reference at any time. The amendments and/or supplements of the Agreement shall be effective immediately upon posting to the website of Coco Branding. The current T&C is always available on Coco Branding’s website. If you do not agree to any amendments, you must terminate your Affiliate account within 10 business days of the date of the amendment. Only a Coco Branding officer may alter this T&C. No agent of, or person employed by or under contract with Coco Branding has any authority to alter or vary this T&C in any way. No oral explanation or oral information given by any party shall alter the interpretation of this T&C.
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