Last Modified : January 11th, 2022
This is a contract between you (the “Affiliate”) and us (“ Field Made Co.”). It describes how our Affiliate Program works and the rules that apply. It is a legal document so please bear with us as we take you through this legal formality.
If you have any questions about anything in these affiliate terms & conditions, please do not hesitate to get in touch with us at firstname.lastname@example.org
Field Made Co. Co-Founder
FIELD MADE CO. AFFILIATE PROGRAM AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Field Made Co.'s Affiliate Program. Please note that throughout this Agreement, "we", "us", and "our" refer to “Field Made Co.” and/or “X Field Made Co (TM)”, and "you", "your", and "yours" refer to the “Affiliate”.
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. Enrolment in the Program
To begin the enrolment process, you will complete and submit the online Field Made Co Affiliate Program Application Form in which you agree to abide by these terms and conditions. After we review your application, we will notify you of either your acceptance to, or rejection from, the Affiliate Program. We may reject your application (at our sole discretion) if we feel your site is unsuitable or inconsistent with our brand.
2. Earning Commission
Upon your acceptance as a Field Made Co. Affiliate, we will then provide you with a unique link to post on your website and social media platforms and to pass on to others. Each ‘click’ on this link will be registered on your Affiliate Account and for each sale made through that link you will earn commission at the rate set out on our Website. We pay commission in CAD and on the subtotal price of all the items in the orders after both line-item and cart discounts have been applied. The subtotal doesn't include taxes or shipping costs.
3. How are referrals tracked?
Field Made Co. uses the third party GrowthHero affiliate network to handle all of the tracking of your referrals. All of your referrals are tracked via your affiliate link, so make sure to always use your unique affiliate link. Our tracking cookies last 30 days, meaning that if a visitor clicks on your affiliate link posted on your website and social media platforms, then you will be credited with the referral as long as the visitor makes a purchase.
4. Access to Affiliate Account Interface
You will create a password so that you may enter GrowthHero’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
We send out payments to our affiliates each month via PayPal when the commission balance is $50 CAD or more. You will need to have a PayPal account set up in order to receive payments. Please ensure that the PayPal email address listed on your account is correct so that we can make payments to you when they are due. If the address is incorrect then payments will not reach you so it is your responsibility to update your PayPal email address if you change it.
All Affiliate payments are paid gross. It is your responsibility to declare and pay any tax or insurance due on these payments and you indemnify Field Made Co. against any claims, losses, damages or any other liabilities which arise as a result of you not declaring and paying those sums.
6. Relationship of the Parties
Both you and we agree that no joint venture, partnership, employment, franchise, sales representative or agency relationship exists between you and us as a result of this Agreement.
You also agree that you have no authority to enter into any contract on behalf of Field Made Co. or to bind Field Made Co. in any way, and you will not make any representation or indication that you are acting on behalf of, or are in any way capable of binding, Field Made Co.
7. Your Obligations as a Field Made Co. Affiliate
You agree that you will:
(a) follow our reasonable instructions and requests in relation to your relationship with us as our Affiliate;
(b) always promote Field Made Co. and our products in the best light and as we would choose to do so ourselves, and not make or publish any statement which is disparaging or negative;
(c) notify us of all enquiries about Field Made Co. or our products promptly;
(d) familiarise yourself with the characteristics, functionality, price, performance and availability of our products; and
(e) bear all costs and expenses incurred in connection with your activities as a Field Made Co. Affiliate.
You also agree that you will not:
(a) make any statement, representation or warranty, whether vocally or in writing, about Field Made Co. or our products other than those statements and representations contained in materials provided by us to you or set out on our Website;
(b) register any domain name, email address or company name that is identical or similar to the registered trademark “X Field Made Co.” or a translation of this trademark into any other language;
(c) create, or direct or permit anyone else to create, a website for the sole purpose of advertising or promoting Field Made Co.
(d) create or maintain, or direct or permit anyone else to create or maintain, any website or social media account or page using “X Field Made Co’’ or any translation of this trademark, and which site, account or page could reasonably be considered by anyone visiting it to be owned or maintained by us;
(e) promote your Affiliate link using SPAM/unsolicited emails;
(f) promote your Affiliate link in a way that may cause offence to others, including competitors;
(g) make statements about Field Made Co. products that are not true. Up-to-date information about our products can be found at fieldmade.co, or by emailing us at email@example.com
8. Termination and Closure of Inactive Accounts
We do not place any obligation on our Affiliates to meet quotas or guarantee sales. However, if any Affiliate Account is inactive for a period of one (1) year then we will close that account, meaning any clicks using the unique link associated with that account will no longer be registered to that account and no commission will be payable in respect of any sales coming through that link.
You can choose to end your membership of our Affiliate program at any time, for any reason, by notifying us that you wish to do so. We will then close your account, meaning any clicks using your unique link will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed will be paid through to you within two (2) months of your account being closed.
We can terminate your membership of our Affiliate program at any time, for any reason, by giving you thirty (30) days’ written notice. Written notice can be in the form of mail or email. At the end of this thirty (30) day period we will close your account, meaning any clicks using your unique link will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed will be paid through to you on our next payment date.
If your membership of our Affiliate Program is terminated for any reason you will be entitled to receive any unpaid commission registered on your Affiliate Account, unless payment is excluded for any reason set out in the above paragraphs. You will not be entitled to, or have any claim against Field Made Co., for compensation of any sort.
Unless these Terms state otherwise, on termination of your Affiliate Account neither you nor we will have any further obligation to the other under these Terms.
You agree not to disclose any Confidential Information, including, but not limited to, any business, technical, financial, and customer information, directly or indirectly, to any third party without our written authorisation to do so, and you will exercise a reasonable level of care in protecting our Confidential Information from unauthorised use and disclosure. In particular, you agree that you will keep your account login details confidential and will not share them with any other person. You will also keep all marketing and other materials in relation to Field Made Co. confidential and will not use them for any purpose other than in connection with promotion of Field Made Co..
10. Intellectual Property Rights
All rights, including Intellectual Property Rights, in and to Field Made Co., the products sold on our Website, the content in our Website and all other information and materials which relate to Field Made Co. and our products are owned by Field Made Co.
As an Affiliate, Field Made Co. grants you a non-exclusive, non-transferable, non-assignable, worldwide licence for the duration of your membership of our Affiliate Program, to use our Intellectual Property Rights for the purposes of promoting our products in accordance with these Terms. However, your participation in our Affiliate Program does not transfer to you any rights in respect of our brand, our trademark or of the goodwill associated with them.
You agree that you will not use any trademark which resembles our own trademark or names (or both) and which would cause or be likely to cause any confusion or deception to third parties. You also agree that you will not do anything or authorise anyone else to do anything which would or might invalidate, or be inconsistent with, our Intellectual Property Rights.
If any infringement of any of our Intellectual Property Rights comes to your attention, whether actual or threatened, you agree to let us know as soon as you are reasonably able to. You also agree to notify us of any claim by anyone that our products infringe the rights of any other person, and you will, at our request and expense, do anything which may be reasonably required to assist us in relation to any such claim or generally to assist us in maintaining the validity and enforceability of our Intellectual Property Rights.
You indemnify, defend and hold harmless Field Made Co. and its founders, directors, officers, employees, distributors and agents from and against any and all claims, expenses, wages, lawsuits or other liabilities (including without limitation, reasonable legal fees and court costs) for injury to any person, or for loss or damage to personal property, which arises out of any misrepresentation by you regarding Field Made Co. or our products, or any other of your activities as a Field Made Co. Affiliate.
12. Limitation of Liabilities
We make no warranties or representations (whether express or implied) with respect to the Affiliate Program or your potential to earn income as an Affiliate, or that our Website will be available or error-free at any time.
We will not be liable for any special, indirect, incidental or consequential damages (including loss of profits) arising from or relating to your membership of our Affiliate Program, including without limitation damages claimed as a result of our Website or our products being unavailable or not performing for any period of time.
Field Made Co’s liability for all claims of any kind arising out of or related to these Terms (including for negligence), whether based on contract, tort or on other legal or equitable grounds, is limited to money damages not exceeding the amount of commission due to you and unpaid at such time and which relates directly to the particular claim.
Nothing in these Terms excludes or limits our liability for fraud or fraudulent misrepresentation or for anything else it would be unlawful to exclude or limit.
13. Changes to These Terms
We may make changes to any of these Terms at any time by posting new or updated Terms on fieldmade.co. In such an event, we will also notify you in your Field Made Co. Affiliate Account Interface. Changes to these Terms may include, without limitation, changes in the way we award commission, fee schedules, payment procedures and Affiliate Program rules.
If any changes we make are unacceptable to you, you will need to terminate your membership of our Affiliate Program. If you continue to use your unique Affiliate link after we have notified you of new or updated Terms then you will be deemed to have accepted those Terms.
These Terms constitute the entire agreement between you and us with respect to the Field Made Co. Affiliate Program, and supersede all other communications between us in relation to your involvement in our Affiliate Program. These Terms are personal to you as our Affiliate and you may not assign or otherwise transfer any of your rights or obligations to anyone else.
These Terms are governed by, and shall be construed in accordance with, the laws of the Province of Québec, Canada, whose courts shall have exclusive jurisdiction.
Thank you for being a Field Made Co. Affiliate!