Smitten Kitten Affiliate Program Terms of Service

As of May 2016, our affiliate program is closed to new registrations. The program will periodically be open to new affiliates in the future. Please contact info@smittenkittenonline.com with questions. Thanks!

By signing up to be an Affiliate in the Smitten Kitten, Inc. (“Smitten Kitten”) Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Smitten Kitten reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.smittenkittenonline.com/pages/smitten-kitten-affiliate-program-terms-of-service

Smitten Kitten uses Refersion as the platform for this Affiliate Program. By signing up as a Smitten Kitten Affiliate you are also agreeing to be bound by the Refersion Terms of Service which can be found at https://www.refersion.com/terms.  If you do not agree to the Refersion Terms of Service or to using Refersion as the platform, do not sign up for the Smitten Kitten Affiliate Program.

Violation of any of the terms below or any of Refersion’s terms will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.  

To be an authorized Affiliate Member of Smitten Kitten, You agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the Smitten Kitten Service as an Affiliate. By checking the "I agree to the Terms of Service" box and using the Smitten Kitten Service as an Affiliate, You indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the Smitten Kitten Service as an Affiliate.

Account Terms

  1. You must be 21 years or older to be part of this Program.
  2. You must live in the United States to be an Affiliate.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  5. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  6. You are responsible for maintaining the security of your account and password. Smitten Kitten cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  7. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  8. One person or legal entity may not maintain more than one account.
  9. You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Links/graphics on your site, in your emails, or other communications

You are permitted to place links, banners, or other graphics we provide with your Special Links on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Smitten Kitten products and pages ("TSK Sites"). We may change the design of the artwork at any time without notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the TSK Sites. You must ensure that each of the links between your site and the TSK Sites properly utilizes such special link formats. Links to the TSK Sites placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to Product purchases occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Any links from your site must point to the home page of the product being promoted. Deep links, or links to other pages inside the Product Site will not earn credit.  


Referral fees/commissions and payment

For a Product sale to be eligible to earn an Affiliate Commission, the customer must click-through a Special Affiliate Link or other conversion trigger from your site, email, or other communications to a TSK Site before purchasing the Product. Cookies shall last 180 days. “Affiliate Commission” means the amount TSK sets and agrees to pay for customers referred to a TSK Site that results in a sale of a product. The sale could occur at the time of the visit or at a later time not to exceed 180 days. If a sale occurs after 180 days and the Visitor has not returned through your Special Link, then no commission shall be earned.

Commissions are only earned once a customer makes a payment.  A representative from Smitten Kitten will contact you with your Affiliate Commission rate upon joining the program. The commission structure is subject to change at our discretion. We will notify all Affiliates 30 days prior to a commission structure change. Commissions earned under the previous structure will be paid under the previous structure. Commissions under the new structure will be paid under the new structure.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you've earned more than $25 in affiliate income. If your affiliate account never crosses the $25 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $25 threshold.

Payments by PayPal

Commissions are paid by PayPal and only by PayPal. We can not send checks, money orders or cash. You are required to have a PayPal account to receive commissions. If you don't have a PayPal account you can sign up for one at any time, but you will not be paid until you have one.  

Identifying yourself as a Smitten Kitten Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of The Smitten Kitten, Inc., or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $25, you'll be paid roughly every __ days. If you haven't earned $25 since your last payment, we'll pay you roughly __ days after you've crossed the threshold. Payments are only made via PayPal.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. PRODUCTS MAY BE DISCONTINUED OR GO TEMPORARILY OUT OF STOCK AT ANY TIME, FOR ANY PERIOD OF TIME, WITHOUT WARNING.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment
  • Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
  • The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
  • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  • Ensuring that materials posted on your site are not libelous or otherwise illegal
  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Keyword, Advertising and Intellectual Property Restrictions

Keywords, Pay Per Click advertising, and domain names involving Smitten Kitten's trademark "Smitten Kitten" and variations thereof.

You shall not purchase search engine keywords or domain names that use Smitten Kitten's trademark "Smitten Kitten" and/or certain variations and misspellings thereof.

You shall not purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the word "SMITTEN KITTEN" or certain variations and misspellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service.

Specifically, this policy prohibits You from:

  • Bidding on Smitten Kitten's trademark, "Smitten Kitten", and any keyword string that includes this term. For example, "Smitten Kitten toys", "Smitten Kitten apparel", "Smitten Kitten vibrators", "Smitten Kitten t-shirts", "Smitten Kitten coupons", "Smitten Kitten promotions", etc.; and
  • Bidding on variations of Smitten Kitten's trademark: for example "TSK", "smittenkittenonline.com", “www.smittenkittenonline.com", "Smitten-Kitten", "Smitten Kitten", www.smittenkittenonline", "ww.smittenkittenonline.com", "smitten-kitten-online.com", "www,smittenkittenonline.com", "smitten.kitten", "wwwSmitten KittenOnline.com", "smitenkiten", etc.
  • Purchasing domain names based on Smitten Kitten's trademarks or variations of Smitten Kitten's trademark: for example "smitttenkitten.com", "smittenkittten.com", "SmittenKittenk.com", "SmittenKittenproducts.com", etc.
  • Purchasing Pay Per Click advertising containing Smitten Kitten's trademarks or variations of Smitten Kitten's trademark: for example "smitttenkitten.com", "smittenkittten.com", "SmittenKittenk.com", "SmittenKittenproducts.com", etc.

If Smitten Kitten determines, in its sole discretion, that You have purchased or attempted to purchase "Smitten Kitten" keywords or domain names, or one of the three cited examples above, then Smitten Kitten may (without limiting any other remedies available to it) pursue any or all of the following actions:

  • Withhold all compensation otherwise payable to You beginning with the date on which You purchased the prohibited trademarked terms;
  • Remove You from the Smitten Kitten affiliate Program permanently; and/or
  • Contact the search engine in which your ad was found to ask that these ads be removed immediately and permanently.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to any TSK Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Smitten Kitten reserves the right to end the Program at any time. Upon program termination, Smitten Kitten will pay any outstanding earnings accrued above $25.

Termination

Smitten Kitten, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Smitten Kitten service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Smitten Kitten reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE SMITTEN KITTEN, INC. DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, THE SMITTEN KITTEN, INC. SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Smitten Kitten will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold Smitten Kitten liable for any of the consequences of such interruptions.

THE SMITTEN KITTEN, INC. SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. THE SMITTEN KITTEN, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF THE SMITTEN KITTEN, INC. HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF THE SMITTEN KITTEN, INC. HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY THE SMITTEN KITTEN, INC. AS A DIRECT RESULT OF THIS AGREEMENT.

SMITTEN KITTEN OR ITS SUPPLIERS OR RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE SMITTEN KITTEN'S SERVICE OR ANY INFORMATION PROVIDED ON THE SMITTEN KITTEN'S WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF THE SMITTEN KITTEN, INC. OR A SMITTEN KITTEN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE SMITTEN KITTEN, INC.'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

You agree that Smitten Kitten, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and the Smitten Kitten, jointly and severally agree to indemnify, defend, and hold harmless Smitten Kitten and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the TSK Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Minneapolis, Minnesota USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of the United States and the state of Minnesota USA, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Smitten Kitten to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Smitten Kitten and govern your use of the Service, superseding any prior agreements between you and Smitten Kitten (including, but not limited to, any prior versions of the Terms of Service).

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