affilate AGREEMENT terms

PRIMARY WEBSITE: WWW.WOMANLYMADE.COM

This Affiliate Agreement (hereinafter called the “Agreement”) is provided by the following organization, hereinafter referred to as Womanly Made, LLC (“Womanly Made” “Womanly Made LLC” or “we” or “us” or “our”). Our primary website is located at the address listed above. The Agreement is a legal document between you and Womanly Made that describes the affiliate relationship we are entering into. This Agreement covers your responsibilities as an affiliate and our responsibilities to you. Please ensure you read and understand the entirety of this document, because each of the terms of this Agreement are important to our working relationship.

1. Eligibility for the Affiliate Program

In order to sign up for our Affiliate Program, you will first be asked to submit an Affiliate Request Application through our official email hello@womanlymade.com, or on our official website www.womanlymade.com. Womanly Made reserves the right, in its sole discretion, to accept or reject any application for membership in the Affiliate Program for any reason. Affiliates must be at least 18 years old in order to participate in the Affiliate Program.

After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly under our affiliate program’s webpage that was sent to you by email, and accessed via your unique invitation link.  As you including specific payout information and location (such as your preferred payment method & name which we may use to post payment).

2. Referrals

You will receive commission for Qualified Referrals to Womanly Made. The percentage of commission may change at any time and without notice.

“Qualified Referrals” mean customers referred by you to Womanly Made who: (1) click on your unique tracking link; (2) within ninety (90) days of clicking on your unique tracking link, successfully purchase an online course or a resource guide via your tracking link.

Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. Womanly Made, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”

Referrals made to current Womanly Made customers will be considered “Current Customer Referrals” and referral commission and any earnings associated with Current Customer Referrals will begin accruing after the referral was made. You will not receive referral commission for a Current Customer Referral for any payments the customer made to Womanly Made before the referral. Womanly Made, in its sole discretion, will determine the classification of any referral as a “Current Customer Referral.”

3. Commissions

Currently, the commission payment employs the following methods: Payout is managed through your Peachs account. Payout is made directly through your Venmo or PayPal account, provided at sign up.

Commissions earned on referrals will be paid according to the Monthly Payment Gateway schedule. The commission becomes payable 30 days after the referred customer becomes a Qualified Referral. If at any time a Qualified Referral files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in the your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in Womanly Made’s favor, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Referral’s favor, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.

You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and check cashing fees.

You may log into your account with us to review reports related to your affiliation, such as payout reports and Qualified Click and/or Purchase information. Please be advised however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout.

Womanly Made reserves the right to request documentation in order to approve your account. These requests may be made during the Affiliate Program application process or at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded to in a timely manner, Womanly Made reserves the right to terminate, deactivate, or not approve your account.

4. Marketing

You shall bear your own costs and expenses related to marketing and promoting Womanly Made and/or the Affiliate Program. Womanly Made is not obligated to reimburse or credit you for any marketing expenses. If Womanly Made does reimburse you for any marketing expenses, such reimbursement shall not create a duty or obligation to reimburse any future marketing expenses.

You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:

1. Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, Womanly Made, its employees, its customers, its Services or its Affiliates.

2. Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of Womanly Made’s Services. Affiliates shall not copy Womanly Made’s website or any portions thereof, including, without limitation, any of Womanly Made’s trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without Womanly Made’s prior express written consent.

3. Affiliates shall not offer cash back, coupons, rewards or other incentives as part of their marketing efforts for the Affiliate Program.

4. Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from Womanly Made.

5. Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s referral link.

6. Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to Womanly Made’s servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in Womanly Made’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.

7. Affiliates shall not bid on or use Womanly Made’s trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from Womanly Made.

8. Affiliates shall not use Womanly Made’s trademarks or misspelled keywords in their domain names.

9. Affiliates shall not use redirected pages and links to send a potential customer to Womanly Made’s website.

10. Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to Womanly Made’s website using an affiliate link).

11. Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.

12. Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Womanly Made, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or any illegal activities, or violates the intellectual property or other rights of a third party.

13. Affiliates shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq.

14. Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting Womanly Made’s Services.

15. Affiliates shall make clear that they, not Womanly Made, are the sender of all marketing communications related to the promotion of Womanly Made’s Services.

16. Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.

17. Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding Womanly Made or Womanly Made’s Services without the express written consent of Womanly Made.

18. Affiliates shall not use malware or spyware to market or promote Womanly Made’s Services.

5. Termination

The term of this Agreement will begin when we accept you into the Affiliate Program. It can be terminated by either Party at any time with or without cause.

Womanly Made may, in its sole discretion, terminate your participation in the Affiliate Program at any time, with or without cause, and without warning or notice. Without limiting the foregoing, Womanly Made reserves the right to terminate your account if it has been inactive for 12 consecutive months. Womanly Made reserves the right to terminate your participation in the Affiliate Program and not pay the accrued balance if you have been deemed to breach Womanly Made’s Terms of Use or these Terms of Service or engage in any conduct that Womanly Made deems to be illegal, improper, unfair, or otherwise adverse or detrimental to Womanly Made.

In Womanly Made’s sole discretion, affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.

You may terminate your participation in the Affiliate Program at any time. You may discontinue your participation in the Affiliate Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, Womanly Made’s systems will retain Your account and personal information. By terminating your participation in the Affiliate Program, you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.

Upon termination, all rights granted to you shall immediately terminate.

6. Relationship between you and Womanly Made

Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and Womanly Made. This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.

7. Non-Disparagement

During the term of these Terms of Service and for one (1) year after it has expired or been terminated, You agree that You will not disparage Womanly Made, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect Womanly Made’s reputation. Under these Terms of Service, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about Womanly Made, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms of Service, the absence of which would have resulted in Womanly Made refusing to enter into this agreement.

8. Assumption of Risk

You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, Womanly Made, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, TRAINERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, WOMANLY MADE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, WOMANLY MADE SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, WOMANLY MADE’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS YOU EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless Womanly Made, its present and future officers, directors, employees, agents, licensors, trainers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or arising from or related to your use or misuse of the Affiliate Program.

11. Third Party Rights

The sections titled Limitation of Liability and Indemnification are solely for the benefit of Womanly Made and its present and future officers, directors, employees, agents, licensors, trainers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Service is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Service without Womanly Made’s prior written consent.

12. Unlawful Activity; Termination of Access

Womanly Made reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. Womanly Made may discontinue your participation in the Affiliate Program at any time for any reason or no reason.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program.

YOU WAIVE AND HOLD HARMLESS Womanly Made AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

13. Remedies for Violations

Womanly Made reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.

14. Governing Law and Jurisdiction; Disputes and Arbitration

Through your participation in the Affiliate Program, you agree that Kansas shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and Womanly Made, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: United States, Kansas. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Entire Agreement; Severability of Provisions; No Waiver

These Terms of Service constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

16. Changes to the Terms of Service

Womanly Made may review and update these Terms of Service at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

17. Contact Us

If you have questions or concerns regarding these Terms of Service or the Affiliate Program, you may contact us at: hello@WomanlyMade.com.

Womanly Made, LLC

Effective Date: August 1, 2021

Copyright 2021