FOREWORD
We’re so glad you are considering partnering with us. The following agreement outlines how our affiliate program operates, your and our rights, and the legal guidelines we agree to operate by.
If you have any questions, please contact us at contact@formandcolor.co.
AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Form&Color. (formandcolor.co)
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in formandcolor.co’s Affiliate Program. Please note that throughout this Agreement, “we,” “us,” and “our” refer to formandcolor.co, and “you,” “your,” and “yours” refer to the affiliate.
2. Conditions of Participation
We reserve the right to approve or reject ANY Affiliate Program Registration according to our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.
Furthermore, we reserve the right to remove any affiliate at any time from our Affiliate Program. To participate in the Affiliate Program, we expect you to hold to a few basic guidelines.
- Only use your affiliate links or other marketing materials in an ethical way that conforms to Form&Color’s values. For instance, do not link to us in posts that promote violence or illegal activities.
- Follow all legal guidelines regarding affiliate marketing, including making a clear disclosure that you are earning commission off all sales made through your affiliate link or coupon.
- Never use copyrighted material without explicit permission in any promotional material in which you are including your affiliate link or coupon.
- Never spam, and respect the rules of any community or platform you may be posting on.
4. Termination
If we choose to remove an affiliate from our Affiliate Program, written notice will be given to the affiliate. You may terminate this agreement by giving us written notice that you would like to leave the Affiliate Program. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and formandcolor.co’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in formandcolor.co’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
3. Adjudication Between Affiliate Referrals
If a person clicks on someone else’s referral link and then later clicks on yours, yours is the one that will count (or vise versa.)
4. Links and Coupons
If you refer a customer through your affiliate link, and that customer also uses a coupon for which you are to receive an affiliate commission, you will not receive a double commission.
5. Commissions and payment
When you refer any customer to our website and that customer completes a purchase, you will receive the commission amount calculated based on our Commission structure. Commission is based on the order value exclusive of extra fees such as shipping or tax. If the customer initiates a refund within the time stipulated by our Return Policy, you will not receive a commission on the amount refunded.
For an Affiliate to receive a commission, you need to specify your payment details, which you should include in your application and which can be edited in the affiliate portal. (https://formandcolor.co/affiliate-portal/) Payouts will be made monthly, unless you earned commission off an item on preorder, in which case we may choose whether or not to withhold payouts until a month after the item(s) have shipped.
6. Cookies
We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.
If a person doesn’t allow cookies or clears their cookies, then we can’t track them and thus can’t pay earnings on that person’s activity.
Cookie tracking will start the day a customer clicks on an affiliate’s link or uses their coupon, and will last for ninety days. Within said ninety days, every order made by this customer at formandcolor.co will automatically result in commissions to the affiliate.
7. Disclaimer
FORMANDCOLOR.CO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING FORMANDCOLOR.CO’S SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF FORMANDCOLOR.CO’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
8. Representations and Warranties
You represent and warrant that:
8.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
8.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
8.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
9. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL FORMANDCOLOR.CO’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
10. Indemnification
You hereby agree to indemnify and hold harmless formandcolor.co, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
11. Miscellaneous
11.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and formandcolor.co.
11.2. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Ohio without regard to the conflicts of laws and principles thereof.
11.3. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
11.4. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
11.5. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
11.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.