AFFILIATE MARKETING AGREEMENT
Upon registering for our affiliate program you agree to the following.
This Agreement ("Agreement") is made between Champagne Apothecary, a company duly incorporated under the laws of Massachusetts, with its registered address at 38 School St. ("Company"), and any and all registered applicants of our Affiliate program online ("Affiliate").
1. SCOPE OF SERVICES
1.1. The Affiliate shall market, promote, and direct potential customers to the products and/or services (the "Services") of the Company using specific URLs provided by the Company.
1.2. The Affiliate will use its best efforts to actively and effectively advertise, market and promote the Services as widely and aggressively as possible.
2.1. The Company shall pay the Affiliate a commission based on the Net Revenue generated from new customers directed by the Affiliate's efforts. The "Net Revenue" shall be defined as: the monthly fees paid by customers directed by the Affiliate, less any chargebacks (credit card refunds), discounts or credits given to customers, shipping fees, processing fees, and sales tax.
2.2. The commission rate will be 10% of Net Revenue. Commission will not be paid on sales taxes, duties, shipping, discounts applied, or any other charges related to the sale of the Services.
2.3. The commission will be paid on a monthly basis, within 30 days following the end of each month. The Affiliate shall have access to via their Affiliate Dashboard a report detailing the Net Revenue and calculation of the commission.
3. TERM AND TERMINATION
3.1. This Agreement will begin upon the affiliate registering for their affiliate account and will continue until terminated by either party.
3.2. Upon termination, Affiliate will be entitled to unpaid commissions, if any, earned by Affiliate on or prior to the date of termination.
3.3 Affiliate links cannot be used by any affiliate to purchase products for themselves or for/by their immediate family members on the Champagne Apothecary website. Any purchases charged directly to the affiliate or the immediate family member of an affiliate will be reversed immediately and is grounds for termination of the affiliate account.
3.4 Champagne Apothecary reserves the right to terminate any affiliate at any time for any reason.
4. LIABILITY AND INDEMNITY
4.1. Each Party will indemnify, defend and hold the other Party harmless, including costs and attorneys' fees, from any claim or action brought by a third party relating to the negligence, gross negligence, or intentional misconduct of the other Party.
4.2. Neither Party shall be liable to the other for any special, indirect, incidental, punitive, or consequential damages arising from or related to this Agreement.
5. DATA PRIVACY AND PROTECTION
5.1. The Affiliate must comply with all data protection laws and regulations applicable to them in their handling of user data obtained in relation to this Agreement.
5.2. The Affiliate must not disclose, or allow any third party to access, any user data without the prior written consent of the Company. This is grounds for immediate termination of the affiliate's account.
6.1. Each party agrees not to disclose or use the other's proprietary information without the prior written consent of the other party. This section shall remain in force even after termination of the Agreement.
7. GOVERNING LAW AND JURISDICTION
7.1. This Agreement shall be governed by and construed in accordance with the laws of Massachusetts. All disputes arising under or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts of Massachusetts.
8. ENTIRE AGREEMENT
8.1. This Agreement constitutes the entire agreement between the Parties concerning this transaction, and replaces all previous communications, representations, understandings, and agreements, whether verbal or written between the Parties to this Agreement or their representatives.