Designer Bums Affiliate Program Terms and Conditions
1. Welcome to the Designer Bums Affiliate Program (“Program”). These terms and conditions (“Terms”) govern your participation in the Program. We are delighted to have you on board and promoting the wonderful world of all things cloth nappies and reusable, eco-living products for babies, toddlers and families.
2. After receiving your application, which should include all of the websites that you use (“Your Websites”), we will review Your Website(s) and notify you whether or not you are accepted into the Program. Please allow up to 48 hours for your application to be reviewed. We reserve the right to reject any application at our sole discretion, however we encourage you to contact us if you feel the decision is incorrect. We may rescind our approval and revoke your acceptance into the Program at any time.
3. These Terms will apply for as long as you participate in the Program, or until terminated by either party in accordance with these Terms.
Website and Social Media Guidelines
4. Your Website(s) will not:
a. infringe on our or any anyone else’s intellectual property rights, rights of publicity, privacy or other rights;
b. violate, or promote violations, of any applicable laws, rules or regulations.
c. contain any content: (i) that promotes violence or discrimination (based on race, sex, religion, nationality, disability, sexual orientation, or age); (ii) is threatening, harassing, defamatory, obscene, harmful to minors; or (iii) that contains nudity, pornography or sexually explicit materials;
d. contain any viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept, exploit, or expropriate any system, data, or personal information;
e. contain software or use technology (including toolbars, browser plug-ins, extensions and add-ons) that attempts to intercept, divert or redirect internet traffic to or from any other website;
f. resemble Our Website or appear in a manner which leads viewers to believe you are Designer Bums or a business affiliated with Designer Bums;
g. engage in cookie stuffing or include pop-ups, false or misleading links on Your Website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating);
h. use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain; and
i. use of any of Our Trademarked Terms as part of Your Website domain or sub-domain (e.g. www.designerbums.yoursite.com or www.designerbums-coupons.com), except as used as part of a subdomain associated with Our Website offered by us to you.
Social Media, Blogs, Etc.
5. Promotion of the Program on social media (e.g. Facebook, Twitter, Instagram, Pinterest, etc.) and blogs is not allowed without our prior written consent. If we consent, you must comply with all Australian laws in addition to the following requirements.
a. You must include a disclosure statement within any and all pages, blog/posts, or social media posts where you advertise the Program that it is a paid advertisement.
b. Your disclosures should be clear, conspicuous and concise (8-point font and above) stating that we are compensating you for your review or endorsement. If you received the product for free from us, this also must be clearly stated in your disclosure.
d. Your disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure (e.g. disclosure should be visible before the jump).
e. The use of pop-up, hover state and button disclosures are prohibited.
f. Youtube – Disclosure must be stated/displayed at the beginning of the video, and a listing in the video description is not enough.
g. When using Instagram - your disclosure should be present in the first three (3) lines before a user would have to click “more.”
h. When using Snapchat/Instagram Stories – the disclosure must be superimposed on the image and conspicuous (i.e. font must be on a contrasting background and must be visible for a reasonable amount of time for users to understand the relationship).
i. Reasonable hashtags/disclosures for social media platforms with limited characters are set forth as follows: “paid ad,” “sponsored”, “promoted”, “ad”, “#ad”, “#sponsored”. No other alternatives are permitted.
6. You are prohibited from doing the following.
a. Posting your Affiliate Links on any of your social media pages, website or other channels.
b. Running paid ads with any of Our Trademarked Terms, except as needed to describe the content of the landing page, e.g., “Read our review of Designer Bums new products”.
c. Creating a social media account that includes Our Trademarked Terms in the page name, handle, and/or username.
Digital Marketing Guidelines
Use of Our Content
7. As part of your participation in the Program, we may provide you with certain promotional assets and content (“Our Content”) to facilitate your promotional activities. All of Our Content is protected by copyright. We hereby grant you a limited, non-transferable, revocable, non-exclusive, royalty-free right to display, reproduce, broadcast, publicly perform, distribute Our Content within the Territory for the sole purpose of fulfilling your obligations in connection with the Program. Your rights to Our Content will terminate when your participation in the Program ends. We reserve the right to terminate your rights to Our Content in our sole discretion.
Right to use Our Trademarked Terms
8. Subject to the restrictions set out in these Terms, we hereby grant you a limited, non-transferable, revocable, non-exclusive, royalty-free right to use Our Trademarked Terms within the Territory solely for the purpose of fulfilling your obligations in connection with the Program. Your right to use Our Trademarked Terms will terminate when your participation in the Program ends. You also agree that we reserve the right to inspect your use of Our Trademarked Terms to ensure that such use is aligned with our Brand Guidelines (as may be provided from time to time). We reserve the right to terminate your right to use Our Trademarked terms in our sole discretion.
Review of Materials
9. We have the right to monitor Your Website and social media channels at any time to determine if it complies with these Terms. Upon our review, we reserve the right to notify you of any changes to Your Website and social media channels that need to be made in order to comply with these Terms. If you do not make the changes to your site or channels that we feel are necessary, we reserve the right to terminate your participation in the Program.
10. We will calculate and pay commissions to you equivalent to 10% of all sales where customers have shopped with us, using your Affiliate Link. Payment calculations exclude any amounts paid by the customer for shipping, handling, taxes, duties, or similar charges.
11. Affiliates are not permitted to purchase our products through their own Affiliate Links. Such purchases will not qualify for any commissions, promos or bonuses run by our Program.
12. All product prices are at the sole discretion of Designer Bums and may change at any time.
13. All agreements relating to sales to customers will be between Designer Bums and the customer.
14. Your breach of these Terms may result in a loss or reduction in Commissions (to be determined and verified in our sole discretion).
15. We take pride in our very low reversal rate. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, fraudulent sign-ups or orders, account deactivations and Program violations as outlined in these Terms.
16. We may terminate these Terms or suspend your participation in the Program and/or your access to the Affiliate Platform, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on the Program or any feature or aspect of a Program.
17. Should we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our Terms, we expect that you will respond in a timely and honest manner (the “Communications Policy”). We may terminate your participation in the Program for any violation of our Communications Policy (as determined in our sole discretion).
18. After termination, you must cease all activity that violates any of these Terms or causes any damage or detriment to us and our brand in our sole opinion. The following sections of these Terms survive and remain in effect in accordance with their terms upon termination: Effect of Termination, Indemnity, Confidentiality, Representations and Warranties, No Warranties, Governing Law.
Representations and Warranties
19. You agree that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register in the Program and have the right, power, and ability to enter into and perform under these Terms; (c) any information you provide in connection with the Program, including your business name, accurately and truthfully represents your business or personal identity under which you operate; (d) you will comply with all laws, rules, and regulations applicable to you and/or your business; (e) you will not use the Program, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Program; and (f) your use of the Program will be in compliance with these Terms.
20. The Program is provided “as is” without representation or warranty, whether it is express, implied, or statutory. Without limiting the foregoing, Designer Bums specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
21. You will indemnify and hold harmless Designer Bums against all claims, suits, costs, damages liabilities, expenses (including court costs and reasonable lawyer’s fees), settlements and judgments incurred, claimed or sustained by third parties (“Claims”) for: (a) any actual or alleged breach of your representations, warranties or obligations set out in these Terms; (b) breach of a third party’s intellectual property rights; (c) your wrongful or improper participation in this Program; and (d) your violation of any law.
Operations Outside Australia
22. If you are conducting business in or taking orders from persons in countries outside Australia, you will follow the applicable laws of those countries.
23. These Terms, and any rights granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
24. These Terms will be governed by the laws of the State of New South Wales.
“Our Trademarked Terms” means any word, phrase, symbol, and/or design that identifies and distinguishes our products or services from those of others. Our Trademarked Terms include but are not limited to Designer Bums, Designer Bums-formative trademarks (such as Designer Bums Online Store), and our domain name.
“Our Website” means www.designerbums.com.au and any other properties obtained and owned by us.