Affiliate Program Terms and Conditions:
Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. Each Affiliate is responsible for assuring that its’ employees, agents, customers and contractors comply with these terms and conditions.
As used in these terms and conditions: (i) “We”, “us”, or “our” refers to Waterlilies And Company and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Waterlilies And Company properties located at waterliliesandcompany.com or any ancillary Waterlilies And Company site; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the Waterlilies And Company Affiliate Program.
After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up 48 hours for your application to be reviewed. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Including all the websites that you use in your profile will help us make a better decision.
Your participating website(s) may not:
- Infringe on our or any anyone else’s intellectual property, trademark, publicity, privacy or other rights.
- Violate any law, rule or regulation.
- Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
- Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following.
- You will only use linking code obtained from the affiliate interface without manipulation.
- All domains that use your affiliate link must be listed in your affiliate profile.
- Your Website will not at any time, in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
- You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
- Using redirects to bounce a click off a domain from which the click did not originate to give the appearance that it came from that domain is prohibited.
- If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided, we shall be entitled to reimbursement of all past commissions paid to you, and/or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
MARKETING TRACKING GUIDELINES
If you are enrolled in our Program and participate in Marketing Tracking, you must adhere to our Marketing Tracking guidelines as follows:
Redirect linking to our site from a non-displayed URL is not permitted. Also, publishers cannot purchase URLs which include our trademarks or misspellings/variations. Bidding on our brand names alone is not permitted(including misspellings and variations). You may place bids on terms such as “Brand + Term”, where Term = “coupon, sale, promotion”
Our Marketing Tracking Program is used for the sole purpose of displaying our website link or banner on your website with our code to track links.
Trademarked Terms: Includes, but is not limited to: Waterlilies And Company, waterliliesandcompany.com logos.
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows. In addition, Waterlilies And Company has the right to deny payment of commissions if these guidelines are not followed.
Coupons must be displayed in their entirety with the full offer, valid expiration date and code. You MAY NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
You MAY ONLY advertise coupon codes that are provided to you through the affiliate program or network and are currently active.
You MAY NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
You MAY NOT give the appearance that any ongoing offers require clicking from your website. For instance, if all items on the site have free shipping over $75, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
On click through, you must link directly to our website. Framing of our website is strictly prohibited.
Cookie Stuffing: You must not mislead customers into clicking on an offer or coupon that does not exist or practice similarly deceptive tactics that are generally known as “cookie stuffing.” These include, but are not limited to:
Using knowingly expired offers or presenting offers that do not exist or are not affiliate offers
Making claims that a user must click on a link first to activate or receive an offer.
Presenting a button that claims to show all offers that sets the affiliate cookie in the background
Technology that generates a click or sets the cookie from the action of copying a coupon code or through a pop under.
Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders. The current rate is 5%.
Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. waterlilies.website.com or waterlilies-coupons.com. If you are found to be using our trademarked terms in this nature, your current and past commissions will be voided, we shall be entitled to reimbursement of all past commissions paid to you, and/or your commission level will be set to 0%.
We shall continue to own all knowledge, methods, concepts, technologies and other techniques employed by us to perform the services, including, without limitation, waterliliesandcompany.com inventory and services.
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that refers to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
E-mail must be sent on your behalf and must not imply that thee-mail is being sent on behalf of Waterlilies And Company.
E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
You CAN promote offers to your own lists; more specifically, you are welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example: You can post, “Mention Me at Waterlilies through Wednesday with code MENTIONME.”
You ARE PROHIBITED from posting your affiliate links on waterliliesandcompany.com and social accounts: Facebook, Twitter, Instagram, YouTube, etc. pages to turn those sales into affiliate sales.
OPERATIONS OUTSIDE CANADA
If you are conducting business in or taking orders from persons in other countries, you will strictly follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.
REVERSAL & COMMUNICATION POLICY
Waterlilies And Company takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
You are not forthcoming, intentionally vague or are found to belying.
You are not responsive within a reasonable time and after multiple attempts to contact with information listed in your network profile.
You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
CONFIDENTIALITY OR PROPRIETARY INFORMATION
You hereby acknowledge that your personnel or agent may gain access to information that we deem to be confidential and/or proprietary and that has commercial value in our business. As used herein, “Confidential Information”means all our proprietary business information including, but not limited to, software and the documentation supplied there with.
You shall use at least the same degree of care to prevent disclosing to third parties the Confidential Information as you employ to avoid disclosure, publication, or dissemination of its own information of a similar nature, but in no event less than a reasonable standard of care. Without limiting the foregoing, you shall not publicly disclose the terms of this Agreement without the prior written consent. Furthermore, except as contemplated by this Agreement, you shall not: (i) make any use of the Confidential Information; (ii) acquire any right in or assert any lien against the Confidential Information; or (iii) refuse to promptly return, provide a copy of, or destroy the Confidential Information, upon request. You shall immediately notify us, orally or in writing, upon gaining knowledge of any disclosure, loss, or use in violation of this Agreement of our Confidential Information.
Not withstanding the foregoing, this Section shall not apply to any information that you can demonstrate: (a)was in the public domain at the time of disclosure to it; (b) was published or otherwise became a part of the public domain, after disclosure, through no fault of your own; (c) was in your possession at the time of disclosure to you from a third party who had a lawful right to such information and disclosed such information to you, without a breach of duty owed to us; or (d) was independently developed by you without reference to our Confidential Information. Further, you may disclose our Confidential Information to the extent required by law or by order of a court or governmental agency; provided, however, you must give us prompt notice and make a reasonable effort to obtain a protective order or otherwise protect the confidentiality of such Confidential Information, all as directed by and at our cost and expense.
The covenants of confidentiality set forth herein shall survive the termination of our Agreement for a period of five (5) years.
If you or any of your employees are requested or required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand, or similar legal process) to disclose any of the Confidential Information, you agree to provide us with prompt notice of each such request or requirement, to the extent legal and practicable, so that we may seek an appropriate protective order or waive compliance with the provisions of the agreement or both. If, absent the entry of a protective order or the receipt of a waiver under this agreement, you or any of your employees are legally compelled to disclose Confidential Information, the requested party or such employee as applicable may disclose such information to the persons and to the extent required without liability under this agreement.
You acknowledge that breach of this article, including disclosure of any confidential information, or disclosure of other information which, at law or in good conscience or equity, ought to remain confidential, will give rise to irreparable injury to us, inadequately compensable in damages. Accordingly, we may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings in addition to any other legal remedies, which may be available. You acknowledge and agree that the covenants contained herein are necessary for the protection of our legitimate business interests and are reasonable in scope and content.
REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that (i) you possess the full right, power and authority to enter into and fully perform this Agreement and grant the rights granted herein to us (ii) your use of our website does not violate any law or regulation, and (iii) the materials provided to us in connection with the services provided by us will not infringe or violate the copyrights, trademarks, or other rights of any third parties, and that we have the authority to reproduce and distribute (and to authorize others to reproduce and distribute) such materials. You agree to indemnify us and hold us harmless from any liability, loss, expense (including reasonable, outside attorneys’ fees and disbursements), or claims, including without limitation claims for copyright and trademark infringement, involving or arising out of your breach of the representations and warranties made hereunder.
We will perform all services as an independent contractor and nothing in this Agreement will be deemed to create an employer-employee, agency, partnership, or joint venture relationship between the parties. Each party agrees to obtain all necessary licenses and to be responsible for and timely pay all its taxes, other required withholdings, insurance and benefits.