Affiliate Program Use and Consent
By joining and participating in the Affiliate Program offered by The Measured Mom, (hereinafter “Company,” “we,” “our,” “us”), you (hereinafter “Affiliate,” “you,” “your”) agree to be bound by these Terms and Conditions for Affiliate Program (hereinafter “Terms and Conditions”), whether you have read them or have had the opportunity to read them and have chosen not to.
We respect your privacy and permit you to control the treatment of your personal information. Please read our Privacy Policy here.
You agree to ensure that your employees, contractors, agents, and representatives will comply with these Terms and Conditions.
Please note that these Terms and Conditions do not alter in any way the terms and conditions you may have with us for other products and/or services.
Affiliate Enrollment
To enroll in the Affiliate Program you must: (1) complete the registration process, (2) agree to these Terms and Conditions for the Affiliate Program, and (3) provide a valid PayPal account for receipt of Affiliate Commissions.
Affiliate Tracking Cookies
Upon your enrollment in the Affiliate Program, you will receive a unique affiliate link in the Affiliate Area.
We use cookies to track affiliate sales made through Tapfiliate.
When a customer clicks on your affiliate link, the tracking cookies are stored in the customer’s browser. The cookies will remain in the customer’s browser for 45 days or until the customer clears their cookies.
The affiliate commission will be credited to the last affiliate link the customer clicked before making a purchase.
The Measured Mom is not responsible for cookies intentionally deleted by customers.
Affiliate Commissions
You will receive per-sale affiliate commissions in the amount of 40% of the gross sales that we receive from customers for the purchase of products from The Measured Mom Shop using your unique affiliate link. Occasionally we may offer special bonuses that will allow you to receive a higher commission if you earn a certain number of sales or conversions.
No affiliate commissions will be paid for sales made before you registered for the Affiliate Program.
You agree not to act on behalf of the customer to complete their order using your affiliate link.
A statement of your affiliate commissions is available to you in the Affiliate Area.
Commission Payments
We process commission payments once per month on or about the last day of every month.
If a transaction is canceled, returned, charged back, or refunded after your affiliate commissions are paid out, a negative balance will be created in your affiliate account and will be deducted from your future affiliate commissions.
Affiliate commissions are paid out via Paypal. Please note that Paypal’s fee will be taken out of your commission.
You are also responsible for all taxes and reporting requirements in connection with your affiliate commissions.
You agree to ensure that your information, including, but not limited to, your name, email address, payment information, and any other details we may require are kept up to date. Your commission payments will be suspended until we have all required information. Payment on your suspended commissions can be claimed up to 6 months from the date they would have otherwise been due to be paid. After the 6 months, you forfeit any accrued, unpaid commissions.
The Measured Mom is not responsible if you provide incorrect payment information and cannot guarantee the ability to resend payments due to errors in the payment information you provided.
Affiliate Responsibilities
You agree not to violate any laws, regulations, regulatory rules, or guidelines in connection with your participation in the Affiliate Program.
You agree not to engage in any behavior that is fraudulent or harmful to us or that would damage our reputation.
Affiliate Advertising
While you are encouraged to use your affiliate link on your own social media accounts, you agree not to post your affiliate link on our social media accounts in an attempt to generate more referrals for your affiliate links.
You agree not to offer any promotional offer or price-saving method, including, but not limited to, coupons or discount codes, without our prior approval in writing.
Affiliate Disclosure Requirements
You agree to comply with the Federal Trade Commission (FTC) regulations and any other applicable laws, rules, or regulations with respect to endorsements and affiliate marketing.
You agree that any and all statements you make about The Measured Mom, and our products and services will reflect your personal opinions and experiences and be true and accurate.
You agree to include a disclosure statement within any and all blog posts, social media posts, or other content where you include your affiliate link. Your disclosure statement should state that you receive compensation for any sales made using your affiliate link.
Your disclosure should be:
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- Designed to be seen,
- As near to the affiliate link as possible
You can read more about the FTC disclosure requirements here.
Affiliate Privacy Requirements
You agree to comply with any and all laws, regulations, regulatory rules, and/or guidelines in your jurisdiction with respect to the collection and use of personal information, including, but not limited to, names, email addresses, and phone numbers.
You agree to respect the privacy of consumers and be transparent about your data collection and use practices.
Intellectual Property
The promotional materials provided in the Affiliate Area may contain The Measured Mom logos, trade names, or service marks. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free license to access, download, and use the promotional materials found in the Affiliate Area and to establish hyperlinks between your and our websites for the sole purpose of promoting The Measured Mom. We reserve all other intellectual property rights.
You may not edit the graphics provided in the Affiliate Area without permission.
Except as to the limited license provided by these Terms and Conditions, you do not obtain any intellectual property rights with respect to The Measured Mom.
Except as to the limited license provided by these Terms and Conditions, you and us retain all right, title, and interest to your and our rights and no right, title, or interest is transferred to the other.
Upon termination of your participation in the Affiliate Program, the limited, non-exclusive, non-transferable, non-sublicensable, revocable license shall also terminate.
Independent Contractor Status
You agree that you are an Independent Contractor and nothing in these Terms and Conditions shall create any partnership, joint venture, agency, franchise, sales representative, or employment relationship.
You agree that you have no authority to act, to make any representation, to enter into any contract or commitment, or to incur liability on behalf of the Company.
You shall cooperate with us to complete any documentation necessary to comply with applicable tax obligations, including, but not limited to, a Form W-9. (Since we pay through Paypal, we are not required to issue a 1099 unless you learn over $20,000 through our program in a calendar year.)
Earnings Disclaimer
You understand and agree that your success in the Affiliate Program depends entirely on your business experience, motivation, and individual capacity.
We make no guarantees of any kind as to your earnings and income from the Affiliate Program.
No Warranty or Liability
The use of our website or the downloading of any materials through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. The Measured Mom assumes no liability for any computer virus or other similar software code that is downloaded to your computer from our website or in connection with any materials offered through the website.
The affiliate program, the promotional materials, and The Measured Mom are provided “as is” without warranty of any kind, express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
We make no representation that the operation of the affiliate program and The Measured Mom will be error free or uninterrupted.
You agree that in no event, including, without limitation, negligence, shall The Measured Mom and its subsidiaries, affiliates, agents, officers, directors, employees, or partners be liable to you or any third party in any way for damages of any kind including, but not limited to, indirect, incidental, consequential, punitive, and/or special damages, including, without limitation, those arising from the affiliate program, these terms and conditions, or the use or inability to use
The Measured Mom; the statements or actions of any third party on or through our website; any dealings with vendors or other third parties; any unauthorized access to or alteration of your transmissions or data; any information that is sent or received or not sent or received; any failure to store or loss of data, files, or other content; any loss incurred by you or your business, including, but not limited to, loss of clients, loss of goodwill, loss of income or revenue, loss of anticipated income, loss of sales; or any other loss or damage of any kind.
The Measured Mom’s cumulative liability for any loss or damage to you or others arising out of or relating to this agreement shall not exceed the affiliate commissions paid to you during the one month preceding a claim giving rise to such liability.
The use of our website or the downloading of any materials through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. The Measured Mom assumes no liability for any computer virus or other similar software code that is downloaded to your computer from our website or in connection with any materials offered through the website.
We expressly exclude any liability to the fullest extent of the law.
By participating in the Affiliate Program, you agree to this limitation of liability and release The Measured Mom from any and all claims.
Indemnification
You agree at all times to defend, hold harmless, and indemnify The Measured Mom, and its subsidiaries, affiliates, agents, officers, directors, employees, or partners, from any claim, demand, cause of action, including attorney’s fees and costs, arising from the Affiliate Program and these Terms and Conditions, as well as any third party claims of any kind arising from your actions in relation to the Affiliate Program.
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
Waivers
No failure to exercise and no delay in exercising any right, remedy, or power under these Terms and Conditions shall operate as a waiver thereof.
Assignment
You may not assign the rights or obligations set forth in these Terms and Conditions.
Entire Agreement
These Terms and Conditions express the full and complete understanding of you and us with respect to the Affiliate Program and supersede all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the Affiliate Program.
Termination
You may terminate your affiliate account at any time and for any reason by contacting us through the Affiliate Area.
We reserve the right to terminate your participation in the Affiliate Program at any time and for any reason, with or without notice.
Any affiliate commissions due at the time of termination will be paid in accordance with the regular payout cycle if your termination is for any reason other than failure to comply with these Terms and Conditions.
Failure to comply with these Terms and Conditions will result in the termination of your right to participate in the Affiliate Program and your forfeiture of any accrued, unpaid commissions.
Dispute Resolution and Jurisdiction
These Terms and Conditions shall be governed and construed according to the laws of the State of Wisconsin , without regard to conflict of laws principles. The nearest state and federal court to Milwaukee, Wisconsin shall have exclusive jurisdiction over any case or controversy arising from your participation in the Affiliate Program.
By participating in the Affiliate Program, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.
In the event that The Measured Mom must make a claim for any breach of these Terms and Conditions by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.
Severability
If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
Modification of Terms and Conditions
We may change, modify, or update these Terms and Conditions at any time and for any reason in our sole discretion. We will notify you of any such revisions by email (if you have provided your email to us) and/or a prominent notice displayed in the Affiliate Area and a modified effective date on the Terms and Conditions.
The revised Terms and Conditions will be effective immediately. If you do not agree to the revisions, you must terminate your affiliate account within 10 days of the revisions.
Miscellaneous
(a) Customers who purchase digital products from The Measured Mom are our customers, and we shall be responsible for order fulfillment and payment processing; our standard policies and operating procedures apply. We may change our standard policies and operating procedures at any time for any reason without notice.
(b) These Terms and Conditions shall be construed as to their fair meaning and not strictly for or against either you or us.
(c) The headings hereof are descriptive only and are not to be construed in interpreting the provisions hereof.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT US THROUGH OUR SUPPORT TAB.
Updated December 22, 2020.
