|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
Below are the terms and conditions of our Affiliate Program (the “Program”) related to SOMM Blinders Game (owned by SOMM TV). The Program is being managed by Refersion, our affiliate marketing platform to facilitate relationships with our affiliates and to provide tracking, reporting, and management of commission payments. Acceptance of terms and conditions of this Agreement by participation in the Program creates a binding legal agreement between SOMM TV (now referred to as “we” and “us”) and you (the participant in the program, or “participant”). "Our Website” refers to the web site operated by SOMM TV located at www.blindersgame.com.
The purpose of the Program is to promote the sale of products offered on our Website. You must submit an application through the Program Registration Page and provide true, accurate and current information. We have the right to accept or reject your application at our discretion. If your application is accepted, we have the right to end your participation in the Program at any time if your website, social media platforms or any other platforms where you may be present promotes:
Discrimation based on race, sex, religion, nationality, disability, sexual orientation, or age
Violence, hate, illegal activities, harassment or display sexually explicit materials;
Or otherwise violates our intellectual property rights or those of others.
Participation in Program
We will provide unique links to each Participant to ensure accurate tracking, reporting and accrual of commissions. You must ensure that whenever you link to our Website you use that unique link. In order for you to be eligible for a commission on any purchase (including future purchases by a repeat customer within 30 days), the customer must access our Website using your link and complete the purchase with your discount code included. We are not responsible for any failure by you to use Program Links. Because of the difficulty verifying other purchases by customers you refer to us, we will not pay commissions unless you use Program Links.
When promoting your link and SOMM Blinders you:
Must comply with all applicable laws and regulations;
Are responsible for creating and editing the content you want to use to promote outside of what we have provided for you;
Must not use SOMM Blinders to promote discrimation based on race, sex, religion, nationality, disability, sexual orientation, or age, violence, hate, illegal activities, harassment or display sexually explicit materials; or otherwise violates our intellectual property rights or those of others;
Must not promote SOMM Blinders on any website, media, social media or electronic presence that may be considered pornographic, offensive or discriminate
It is understood and agreed that you are not considered an agent or employee of SOMM TV (or any of its affiliates or related entities), and shall have no authority to bind SOMM TV (or its affiliates or related entities) by contract or otherwise;
Must not make any derogatory statements about SOMM TV and SOMM Blinders products;
Must not resell or distribute any SOMM TV and/or SOMM Blinders products, including those received for free or as gifts;
Promote SOMM TV and/or SOMM Blinders products, the brand, or the Program via paid search engine keywords or Adwords
We may provide you with product images, graphics, logos and other content (“Content”) through the your Refersion account with us. We may make available to you a small graphic image that identifies your website as a Program affiliate. This image may be displayed on your website. We may modify the image from time to time. In addition, we encourage you to include a legend that identifies you as a SOMM Blinders affiliate on the homepage of your website that links to the home page of our Website.
Any content that we provide to you is the property of SOMM TV or its content suppliers and is protected by United States and international copyright laws. We grant you a limited, nonexclusive, full paid, revocable right to use the Content solely for purposes of your participation in the Program. You may not sublicense any Content to any other person or party. Content cannot be used in any form other than the form provided by us. We reserve all of our rights in the Content. You may not: (a) alter, modify or change any Content or create any derivative Content; (b) use Content in any form other than that provided by us; (c) remove any code or identifying information from any Content; or (d) inactivate a link associated with any Content or cause the Content to link to a destination other than our Website.
You shall not purchase or register domain names that include any variations of SOMM TV or SOMM Blinders. Furthermore, you shall not purchase or bid on search engine keywords, AdWords, search terms, or other identifying terms (whether for use in a search engine, portal, sponsored advertising service or other search or referral service) that include any variations of SOMM TV or SOMM Blinders. You may not alter any graphics containing our logo in any manner, e.g. the proportion, color or font. You may not display our logo or use our name in any manner that implies sponsorship, endorsement by us other than of your involvement in the Program. You may not use our logo to disparage our company, our products or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our brand.
You may not misrepresent SOMM TV brands including our URL, logos, trademarks and trade names, or misrepresent that either you or your website are operated by us.
If we determine that you have violated any of the foregoing restrictions, we may (without limiting any other rights or remedies available to us) withhold any commission otherwise payable to you under this Agreement and/or terminate this Agreement. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys' fees and expenses we may incur.
Additional Program Restrictions
Be courteous and polite when you are promoting SOMM Blinders. Any affiliate using
illegal or unethical marketing methods or spam will be immediately terminated from the Program. You agree to the following restrictions:
You must follow common search engine guidelines, such as: (1) your display URL must match the ultimate actual destination URL; (2) you may not frame our website as a landing page; and (3) you may not create "redirects" or "jump pages" that immediately direct to our website.
You may not engage in any conduct that violates any privacy or data protection law of any jurisdiction.
You may not enable any sales that are not in good faith, such as using any device, public coupon site, program, robot, Iframe, hidden frame or redirect.
You may not use any device or technology that will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner a Web user's access, view or usage of, our Website or of any affiliate of ours in a manner that causes or otherwise results in a different experience from what was otherwise intended by our affiliate.
You may not use any device or technology that will block, alter, direct, redirect, substitute, insert, or otherwise intercept or interfere in any manner with any click through or other traffic-based transaction that originated from the website of any affiliate of ours with the result of reducing any compensation or other payment earned by or owing to such affiliate.
You may not issue or post any press release or other broad-based communication regarding your participation in the Program unless you receive our prior written consent.
You may promote your website via mailings to recipients who are customers or subscribers to your website's services, provided that the recipients have the option to remove themselves from future mailings and that you otherwise comply with all applicable laws of your jurisdiction. Further, you may promote your website via newsgroup postings to newsgroups that welcome commercial messages.
You may promote your affiliate store on social media platforms provided that you use the correct and appropriate name and brand likeness. This includes the following:
Correct spelling and capitalization of our brand's name - SOMM Blinders;
When tagging us in social media posts, you must utilize our correct handle which is: @BlindersGame; and
You are not required to include our hashtags but if you do, ensure that you use the correct form: #SOMMBlinders and #BlindersGame
We do not permit any promoters of coupons or other discounts to join the Program. No commissions shall be payable to any such parties. The Program is void where prohibited.
We reserve the right to modify these rules at any time. If we determine that you have violated any of the foregoing restrictions, we may withhold any commission otherwise payable to you under this Agreement and/or terminate this Agreement. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys' fees or expenses that we may incur.
We will process all product orders that come through our website. We will prepare order forms, process payments, cancellations and returns, and handle customer service. We reserve the right to reject orders that do not comply with any requirements that we may establish. Through Refersion, we will track sales made to customers who purchase products using Program Links and will make available to you reports summarizing this sales activity. You will not receive any of our individual customer information.
You will be eligible to earn affiliate payments based on sales through your Program Link dependent on your affiliate program with us. For a sale to be eligible for payments, the customer must follow your Program Link to our Website, select and purchase the product on our website, accept delivery of the product at the shipping destination, and remit full payment to us. No affiliate payments will be paid if the visitor cannot be tracked by our system. If a product that generated commissions is returned by the customer, we will deduct the corresponding commission from your next commission payment. All commission related data under the Program is collected, calculated and managed by Refersion, our affiliate marketing platform, and its data will be the only valid basis used for determining commissions.
Length of Cookie Period
Our Program uses a 30 day cookie purchase period. This means that if a visitor to your website clicks through a Program Link to our Website, you will be eligible for commissions related to purchases made by your visitor within 30 days of its click on the Program Link on your website. In the event that a customer uses one person’s Program Link and another person’s Discount Code, we will split the commission between the two affiliates. We may change the length of our cookie period from time to time.
No commissions will be paid to you until you have accrued affiliate payments of at least $21.00 (USD). Any money held in your account will not collect interest. After commission has accrued at least $21.00 (USD), commission will be paid out and then paid on a quarterly basis. 30 days following the end of each quarter, we will pay commissions to you through PayPal or we may give you a gift card at your option. You authorize us to share with PayPal such information and other transaction information necessary for our use of the payment processing services provided by PayPal. Unless you notify us of a discrepancy in your commission payments within six (6) months from the date of the applicable payment, such payment shall be deemed accepted and no protest shall be allowed.
If a product that generated commissions is returned by the customer, we will deduct the corresponding commission from your next commission payment.
Affiliate accounts that are “abandoned” will be removed from the Program if their balance is less than $21.00 (USD). An abandoned account is any account that has not been logged into for a period of one (1) year without any transactions having been posted to that account.
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, you will immediately cease use of, and remove from your website, all Program Links, the Content, all of our Marks, and all other materials provided by us in connection with the Program. You are only eligible to earn commissions during the term of this Agreement, and commissions earned through the date of termination will remain. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
You hereby agree to indemnify and hold harmless SOMM TV and its subsidiaries and affiliates, and their directors, officers, employees, agents, and shareholders against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (collectively, the "Losses") insofar as such Losses arise out of or are based on (a) any claim that your use of any trademark or other intellectual property infringes on any other trademark or intellectual property belonging to any third party, (b) any breach of a representation, warranty, covenant or agreement made by you in this Agreement, or (c) any claim related to your website, including, without limitation, any content that resides on your website but that was not provided by us.
We may modify any provision of this Agreement at any time by posting a change notice or a new agreement on our Website. We may also announce changes to the terms of this Agreement by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our posting of a change notice or new agreement on our Website will constitute your acceptance of the change.