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Terms & Conditions
BY CREATING AN ACCOUNT FOR THE SHOE FAIRY AFFILIATE PROGRAM VIA THIS PAGE, YOU ARE CONSENTING TO THIS AFFILIATE AGREEMENT, WHICH ARE THE TERMS AND CONDITIONS GOVERNING OUR AFFILIATE PROGRAM.
This Affiliate Agreement (the “Agreement”) is made by and between The Shoe Fairy LLC (“Company”) and you (the “Affiliate”) as an Affiliate user of the Company’s products. Company and Affiliate are referred to in this Agreement as “party” and/or “parties.” In exchange for the mutual promises set forth below, Company and Affiliate agree as follows:
The term of this Agreement (the “Term”) shall be exactly one (1) year from the date of signing. At the expiration of the Term, this Agreement will automatically renew for an additional one (1) year term (the “Renewal Term”) unless terminated by either party in accordance with Section 3 herein.
As full compensation for the Services rendered pursuant to this Agreement, Company will provide Contractor with a code (TSFATHLETE) to receive free items, with discretion of the Company. Affiliate will receive a 10% off code and will receive 5% of all orders using that code. This is subject to future change in accordance with performance. Commissions will be calculated based upon the Gross Sales Price. Gross Sales Price is defined as all payments received by the Company by the sale of the products but not including any shipping and handling, sales tax, finance charges, late charges, collection costs, amounts due to credit card fraud, credits given to customers, and refunds. The Affiliate shall be paid Commissions only on verified sales that are tracked by the Company.
Subject to the terms and conditions hereof, Company engages affiliate as an independent contractor to provide the following services (the “Services”): perform as a Shoe Fairy Athlete on personal social networking platforms including Instagram, Twitter, Facebook, Snapchat and YouTube. There are no minimum or maximum posts that you must do. It is your decision on how much you want to post. With experience, we know that talking about the products and mentioning your code often generates a higher outcome. We encourage you to post as often as you can and in a natural demeanor.
4. COMPENSATION PAYMENT
Affiliate is to let The Shoe Fairy team know when they would like their commission payout. They may log in to their affiliate account as much as needed to check their commissions. Payment will be issued from PayPal. Affiliate and Company can determine a payment threshold if they would like.
For example, wait until compensation reaches $75 and then the Contractor can get paid out.
5. CHANGES TO THE PROGRAM
Company reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Program at any time. In the event of any material change, Company will notify Affiliate via e-mail at which time Affiliate may either agree to such changes or withdraw from the Program.
6. LIABILITY & NON COMPETE
Company shall not be liable to Affiliate for any personal injury or property damage that may occur while Affiliate is on assignment, traveling to assignment or performing the Services. The Services to be performed under this Agreement will be performed entirely at Affiliate’s risk. Affiliate will not endorse, sponsor or represent any products or companies that are competitive with Company or its products until the later of: (i) such time as all Events are completed or (ii) Contractor is no longer providing services to Company.
Affiliate hereby indemnifies and holds harmless the Company, its officers, directors, employees, contractors, affiliates, agents, successors and assigns from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that the Company may incur and which are based in whole or in part upon the Affiliate’s participation in the Program, any claims that any of the Affiliate trademarks and other intellectual property and proprietary material infringe upon the rights of any third party, the Affiliate breach of any term, condition, representation or warranty contained in this Agreement or any policies of participation in the Program, or any claim related directly or indirectly to the Affiliate use, operation or the content of the Affiliate’s own website.
8. COMPLIANCE WITH LAWS AND REGULATIONS
The parties shall comply at their own expense with all laws, ordinances, regulations and codes that are applicable to their respective performance pursuant to this Agreement.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during the Term of this Agreement will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
10. INDEPENDENT CONTRACTOR
Each party is acting as an independent contractor. Nothing in this Agreement shall be construed any other arrangement. Neither party has the authority to enter into any agreement, or make any warranty or representation on behalf of the other party except as provided by this Agreement.
Last modified March 2018.