| Conversion action | Online purchase with processed valid payment |
|---|---|
| Cookie days | 7 days |
| Commission type | Percent of Sale |
| Base commission | 7.50% |
| Additional terms | For a sale to be eligible to earn a referral fee or commission, the customer must click through a referral link from your site, email, or other communications to a product page and complete a purchase within 7 days. This tracking uses cookies stored on the customer's computing device (e.g., computer, laptop, mobile device). If cookies are cleared or if the customer changes devices, the referral will not be registered. The 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 will only pay commissions on links that are automatically tracked and reported by our systems. We can only pay commissions on business generated through properly formatted referral links that were automatically tracked by our systems. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. |
By signing up to be an Affiliate in the SwimSpray Affiliate Program
(“Program”) you are agreeing to be bound by the following terms and
conditions (“Terms of Service”).
SwimSpray reserves the right to update and change the Terms of
Service 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 of Service. 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 for forfeiture of any outstanding affiliate commission
payments earned during the violation. You agree to use the Affiliate
Program at your own risk.
Commissions are paid by PayPal and only by PayPal. We can not send
checks, credit credit cards, or send cash. You are required to have a
PayPal account to receive commissions. If you don't have a PayPal
account you can sign up for one at any time, but you will not be paid
until you have one.
Customers who buy products through this Program will be deemed to be
our 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, you should not display product prices on your
site. We will use commercially reasonable efforts to present accurate
information, but we cannot guarantee the availability or price of any
particular product.
You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your site.
For example, you will be solely responsible for:
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 or otherwise) that govern marketing
email, including without limitation, the CAN-SPAM Act of 2003 and all
other anti-spam laws.
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, 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. SwimSpray reserves the right to end the
Program at any time.
SwimSpray, 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 SwimSpray 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. SwimSpray
reserves the right to refuse service to anyone for any reason at any
time.
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.
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.
Any dispute relating in any way to this Agreement (including any
actual or alleged breach hereof), any transactions or activities under
this Agreement or your relationship with us or any of our affiliates
shall be submitted to confidential arbitration in Arlington, Virginia, USA,
except that, to the extent you have in any manner violated or
threatened to violate our intellectual property rights, we may seek
injunctive or other appropriate relief in any state or federal court in
the Commonwealth of Virginia (and you consent to non-exclusive jurisdiction
and venue in such courts) or any other court of competent jurisdiction.
Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of the United States and
the Commonwealth of Virginia, without reference to rules governing choice
of laws. You may not assign this Agreement, by operation of law or
otherwise, without our prior written consent. Subject to that
restriction, this Agreement will be binding on, inure to the benefit of,
and be enforceable against the parties and their respective successors
and assigns. Our failure to enforce your strict performance of any
provision of this Agreement will not constitute a waiver of our right to
subsequently enforce such provision or any other provision of this
Agreement.
The failure of SwimSpray to exercise or enforce any right or
provision of the Terms of Service shall not constitute a waiver of such
right or provision. The Terms of Service constitutes the entire
agreement between you and SwimSpray and govern your use of the Service,
superceding any prior agreements between you and SwimSpray (including,
but not limited to, any prior versions of the Terms of Service).
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