The Red Owl
Affiliate Program Terms & Conditions
As an authorized affiliate (“Affiliate”, “you”, “your”) of The Red Owl Jewelry and Gifts LLC (“we”, “our”, “The Red Owl”), you agree to abide by the terms and conditions contained in this Agreement (“Agreement”). Please read the entire Agreement carefully before registering and promoting The Red Owl as an Affiliate.
1. Purpose. Your participation in The Red Owl Affiliate Program (“Program”) is solely to legally advertise our website to receive a commission on products purchased by individuals on our ecommerce website referred to The Red Owl by your own social media, website or personal referrals.
2. Acceptance. By signing up for the program, you indicate your acceptance of this Agreement and its terms and conditions.
3. Approval or Rejection of the Application. We reserve the right to approve or reject any Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Program Application.
4. Commissions. Commissions will be paid every 45 days. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 35 days. An Affiliate can request a payment when their balance reaches a minimum balance of $25 USD. Payments may be requested every 30 days. Payment processing may take up to 15 days from the request date, not including U.S. holidays. Payments will generally be paid out via PayPal.
You cannot refer yourself, and you will not receive a commission on your own accounts or purchases.
Payments will only be sent for transactions that have been successfully completed. Commissions will only be paid on sales that are made when the customer clicks through qualified affiliate links or by using your qualified discount code. Properly coded links are the sole responsibility of the Affiliate. Commissions may be viewed on the Affiliate Dashboard. Transactions that result in chargebacks or refunds will not be paid out.
5. Termination. Either party has the right to terminate this Agreement immediately without prior notice. In addition, your Program Application and status in the Program may be suspended or terminated for any of the following reasons:
● Lack of activity for 30 days
● Inappropriate advertisements
● Spamming (mass email, mass newsgroup posting, etc...).
● Advertising on sites containing or promoting illegal activities.
● Failure to disclose the affiliate relationship for any promotion that qualifies as an
endorsement under existing Federal Trade Commission guidelines and
regulations, or any applicable state laws.
● Violation of intellectual property rights of The Red Owl or any other party.
● Offering rebates, coupons, or other form of promised kick-backs from your
Affiliate commission as an incentive.
However, notwithstanding anything stated above or in this Agreement to the contrary, The Red Owl reserves the right to terminate an Affiliate account at any time and for any reason.
If Affiliate terminates this Agreement, The Red Owl will not pay any further commissions to Affiliate for future customer transactions.
If The Red Owl chooses to terminate this Agreement, any balance due will be paid to the Affiliate within 60 days of termination.
Under all circumstances after termination, for whatever reason, The Red Owl will not pay Affiliate for any future customer transactions.
6. Affiliate Links will be provided via our affiliate platform on Affiliatly.
7. Liability. The Red Owl will not be liable for any damages (loss of revenue, commissions) due to Affiliate being part of the Program, including, but not limited to, tracking failures, loss of database files, or any other loss. We do not make any expressed or implied warranties with respect to the Program.
9. Term of the Agreement. The term of this Agreement begins upon The Red Owl accepting you in the Program and will end upon the earlier of the following dates: (i) the date your Affiliate account is terminated.
10. Indemnification. Affiliate shall indemnify and hold harmless The Red Owl, its affiliates, subsidiaries, owners, officers, directors, employees, agents, licensees, successors and assigns (collectively, “Indemnified Parties”), from any and all liabilities,
obligations, damages, fines, penalties, judgments, claims, costs, losses, and expenses (including reasonable attorneys’ fees and costs) incurred by or asserted against any of the Indemnified Parties by reason of, arising out of, or occurring in connection with: (i) any failure on the part of Affiliate to perform or comply with any of the terms of this Agreement or (ii) Affiliate’s negligence or willful act or omission.
11. Governing Law, Jurisdiction, and Attorney Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut. In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including attorneys’ fees and costs.
12. Modification; Controlling Document. We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules. The terms and conditions of this Agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change. Affiliate agrees and understands that Affiliate remains bound by the conditions and terms of the Membership Agreement. In the event of any conflict between the conditions and terms contained in this Agreement and the Boutiques & Brands Membership Agreement (“Membership Agreement”) the conditions and terms of the Membership Agreement will control.
14. Effectiveness of Electronic Signatures. The Agreement is an electronic contract that sets out the legally binding terms of your participation in The Red Owl Affiliate Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing The Red Owl affiliate application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.