Hypnobabies Affiliate Program Terms and Conditions
By signing up to be an Affiliate in the Hypnobabies.com Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms and Conditions"). Hypnobabies.com is wholly owned by Hypnobabies LLC.
Hypnobabies.com reserves the right to update and change the Terms and Conditions from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms and Conditions. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
1. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
2. You must provide your legal full name, a valid email address, a driver’s license number, an exact website address where your Hypnobabies Affiliate Tracking Link will be displayed and any other information requested in order to complete the signup process.
3. You are responsible for all Content posted and activity that occurs under your account.
4. You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
5. You may not use the Affiliate Program to earn money on your own Hypnobabies.com product accounts (self referral). You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
6. You may not allow anyone to order Hypnobabies products from the Hypnobabies website at www.Hypnobabies.com using your Affiliate Program link and then attempt to return the products. No product returns or refunds are accepted at Hypnobabies.
Customers who buy products through this Program will be deemed to be Hypnobabies’ customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site and/or newsletter, you should not display product prices on your site and/or newsletter. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Acceptable Use Policy:
Identifying yourself as a Hypnobabies.com Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, indicate in any way that you develop our products, indicate that you are part of Hypnobabies.com or Hypnobabies LLC, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
Your Responsibilities as a Hypnobabies.com Affiliate
You will be solely responsible for the development, operation, and maintenance of your site and/or newsletter and for all materials that appear on your site and/or newsletter. For example, you will be solely responsible for:
• The technical operation of your site and/or newsletter and all related equipment
• Ensuring the display of Hypnobabies.com Affiliate Tracking Links on your site and/or newsletter does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site and/or newsletter)
• The accuracy, truth, and appropriateness of materials posted on your site and/or newsletter (including, among other things, all Product-related materials and any information you include within or associate with Hypnobabies.com Affiliate Tracking Links)
• Ensuring that materials posted on your site and/or newsletter do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
• Ensuring that materials posted on your site and/or newsletter are not libelous or otherwise illegal
Commission Structure & Payment
All products sold by Hypnobabies.com to customers originating from the Affiliate's website, or referral URL, qualify to earn Affiliate referral fees as described below.
Affiliates are paid 15% of each product sale of dollar-value (not free) Hypnobabies.com products and downloads generating from their websites, email, or other communications by using only approved Hypnobabies.com generated Affiliate Tracking Links.
All Affiliate Payments will be paid by Hypnobabies.com through PayPal only, on the 7th day of each month, for the previous month’s commissions if all conditions and terms are of this agreement have been complied with.
Any tax liability on the amount of commission received will be your responsibility. Every customer who purchases products from Hypnobabies.com is deemed to be a customer of Hypnobabies.com.
Affiliates do not have the authority to make or accept any offer on behalf of Hypnobabies.com or Hypnobabies LLC. The price of all Hypnobabies.com products will be determined by Hypnobabies LLC. We reserve the right to reject any order that does not comply with Hypnobabies.com policy.
Recurring Commissions and Cookie Duration
The commission is a percentage of the fee(s) that the customer has paid to Hypnobabies.com. Commissions are only earned if a customer makes a payment.
For a Product sale to be eligible to earn a commission fee, the customer must purchase at least one paid item (not free products or services) through a Hypnobabies.com Affiliate Tracking Link from your site, email, or other communications.
Commissions will be void for customers that ask for refunds or credits for their purchase. We reserve the right to disqualify commissions and terminate affiliate accounts for affiliates that refer customers that ask for refunds or credits.
Commission structure is subject to change at our discretion. We will notify all Affiliates 30 days prior to a commission structure change. Commissions earned under the previous structure will be paid under the previous structure. Commissions under the new structure will be paid under the new structure.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Trademark and Search Engine Marketing
Hypnobabies is a trademark of Hypnobabies LLC.
Hypnobabies Affiliate ads are prohibited. You may only use your official Hypnobabies Affiliate Link on your own website pages or newsletter or e-mails.
Affiliates are prohibited from bidding on trademarked/branded terms, as well as misspellings/variations thereof, including, but not limited to: Hypnobabies, Hypnobabies LLC, Hypnobabies.com, www.Hypnobabies.com, http://www.Hypnobabies.com, and https://www.Hypnobabies.com.
Affiliates are prohibited from direct linking: Affiliates may not use Hypnobabies or Hypnobabies LLC or Hypnobabies.com or www.Hypnobabies.com or http://www.Hypnobabies.com or https://www.Hypnobabies.com as the display URL in any search ad or website text copy. You may use only your own approved Hypnobabies Affiliate Tracking Link, which looks like this: http://www.myfortune3cart.com/Hypno88632/link.cgi?aff... and will contain your unique Affiliate ID number at the end.
Affiliates must not use any illegal, deceptive or misleading claims in any text or copy regarding Hypnobabies products, our website or organization. Affiliates are also prohibited from including the phrase "Official Site", official language, or trademark symbols in ad copy. Affiliates may not include Hypnobabies.com or any misspelling or variation in any text or copy.
Affiliates must not use or re-use any Hypnobabies.com or Hypnobabies LLC ad copy in any website text copy, unless it is provided directly to you through a Hypnobabies Affiliate Newsletter e-mail.
Affiliates MAY NOT bid on any trademarked terms, or variations or misspellings of those terms. Any other terms are free to be bid on.
Website Content and Domain Names
Affiliates may not register or purchase domain names including the term Hypnobabies, Hypnobabies LLC, Hypnobabies.com or any misspellings or variations of any of these. Affiliates promoting Hypnobabies.com in this manner will immediately be removed from the Hypnobabies.com Affiliate Program and all associated transactions/commissions will be reversed. Hypnobabies, Hypnobabies LLC, Hypnobabies.com or any misspellings or variations of any of these may not be used as a subdomain (Example: Hypnobabies.com.example.com).
Affiliates may not promote Hypnobabies.com on websites that contain any form of misleading, defamatory, obscene, adult, bigoted, illegal, software, spiderweb marketing or any other content deemed offensive by Hypnobabies.com. Hypnobabies.com will also not accept applications that include non-working websites, blogs without content, or parked domains.
Coupons and Promotional Codes
Affiliates may only use active coupons and promotional codes that are provided exclusively through the Hypnobabies.com Affiliate Program. This means: do not entice people to click your Affiliate Tracking link by using a Hypnobabies PROMO code unless a PROMO code is provided directly to you as an Affiliate, by Hypnobabies. No commissions will be paid if this rule is violated.
Affiliates are not permitted to promote coupon or promotional codes from Hypnobabies.com's non-affiliate program marketing efforts, such as email promotions.
Affiliates are not permitted to promote coupon or promotional codes that are exclusively offered to other affiliates (exclusive/vanity codes).
Affiliates are not permitted to alter coupon or promotional terms to mislead customers. If the coupon or promotional code has an expiration date, the date must be clearly stated.
Use of Software
Hypnobabies.com defines Software as downloadable, opt-in software monetized through affiliate links such as, but not limited to: toolbars, applications, browser plug-ins and extensions, adware, spyware, loyaltyware and widgets.
Any use of downloadable software must clearly state the function and purpose of the software to customers and be in accordance to generally accepted practices and our program terms regarding software technology.
Affiliates that offer downloadable software must notify the Hypnobabies.com program manager of the software and state the purpose and function of the software.
Software must not auto-redirect customers.
Software may not contain any malware such as, but not limited to; bots, trojans, viruses, worms, etc.
Software must allow an opt-in and must not be installed to a computer or mobile device without consent.
Software must be easily removed/uninstalled from computers or mobile devices and instructions must be clearly stated and easily accessible.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state, international or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site and/or newsletter, all links to any Product Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Hypnobabies.com reserves the right to end the Program at any time. Upon program termination, Hypnobabies.com will pay any outstanding earnings if they were not earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods
Hypnobabies.com, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Hypnobabies.com service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Hypnobabies.com reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Product Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
The Terms of Service constitutes the entire agreement between you and Hypnobabies.com and govern your use of the Service, superseding any prior agreements between you and Hypnobabies.com (including, but not limited to, any prior versions of the Terms of Service).
Hypnobabies.com Affiliate Program Terms of Service
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