Extraordinary Brands By Darren Peel Affiliate Program Terms of Service
Effective Date: 07/23/2024
Welcome to the Extraordinary Brands By Darren Peel Affiliate Program. Please read these Terms of Service carefully before joining the program. By participating in the affiliate program, you agree to comply with and be bound by these terms and conditions.
1. Promotional Materials
Extraordinary Brands By Darren Peel shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website (the “Promotional Materials”). Affiliate shall display the Promotional Materials on Affiliate’s website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to extraordinarybrands.io, herein referred to as Extraordinary Brands By Darren Peel’s website, as specified by Extraordinary Brands By Darren Peel.
2. Use of Promotional Materials
The Affiliate’s use and display of the Promotional Materials on the Affiliate’s site shall conform to the following terms, conditions, and specifications:
a. Affiliate may not use any graphic, textual, or other materials to promote Extraordinary Brands By Darren Peel’s website, products, or services other than the Promotional Materials unless Extraordinary Brands By Darren Peel agrees to such other materials in writing prior to their display.
b. Affiliate may only use the Promotional Materials for the purpose of promoting Extraordinary Brands By Darren Peel’s website (and the products and services available thereon), and for linking to extraordinarybrands.io.
c. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Extraordinary Brands By Darren Peel. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Extraordinary Brands By Darren Peel for such alteration or modification.
d. The Promotional Materials will be used to link only to extraordinarybrands.io, to the specific page and address as specified by Extraordinary Brands By Darren Peel.
3. License
Extraordinary Brands By Darren Peel hereby grants to Affiliate a nonexclusive, nontransferable license (the “License”) to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.
4. Intellectual Property
Extraordinary Brands By Darren Peel retains all rights, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership, or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3.
5. Relationship of Parties
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Extraordinary Brands By Darren Peel and Affiliate. Affiliate shall provide services for Extraordinary Brands By Darren Peel as an independent contractor. Affiliate shall have no authority to bind Extraordinary Brands By Darren Peel into any agreement, nor shall Affiliate be considered to be an agent of Extraordinary Brands By Darren Peel in any respect.
6. Commissions
Affiliate commissions terms, conditions, and specifications:
a. In exchange for Affiliate’s display of the Promotional Materials, and for Affiliate’s compliance with and performance of the terms and conditions of this Agreement, Extraordinary Brands By Darren Peel shall pay to Affiliate a commission (the “Commission”) in the amount of 10% of the product or service sold to a user through a link on Affiliate’s website. This percentage is subject to change by Extraordinary Brands By Darren Peel at any time. Notification to the Affiliate of any change in commission percentage will be given by Extraordinary Brands By Darren Peel at the email address on hand for the Affiliate. Commission payments do not apply to purchases made directly by Affiliate. Transactions that result in refunds or chargebacks will not be paid out.
b. Extraordinary Brands By Darren Peel shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request, and they are available through the affiliate area on the member page. Any discrepancy between the amount of Commissions owed according to these records and the actual amount of Commissions paid to the Affiliate in any period shall be rectified by Extraordinary Brands By Darren Peel within 14 days of discovering such discrepancy.
c. Extraordinary Brands By Darren Peel shall pay all Commissions accrued and payable to Affiliate on the 1st of the month for the previous month’s earnings. Payment is made via the Affiliate PayPal account and email address on file. There is no minimum payout threshold.
d. All sales are tracked using the visitor’s IP Address and the use of cookies. We offer a cookie lifetime of 30 days.
e. Affiliates are not allowed to buy products/services through their own affiliate link.
f. Affiliates are not allowed to present any kind of cashback scheme, bonus initiative, coupon discount, or claim that customers can get any sort of discount by purchasing through their affiliate link.
g. In the event that Affiliate materially breaches this Agreement and Extraordinary Brands By Darren Peel terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Extraordinary Brands By Darren Peel shall not be obligated to pay such Commissions to Affiliate.
7. Affiliate’s Representations and Warranties
Affiliate represents and warrants the following:
a. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
b. Affiliate’s website does not contain any materials that are:
- Sexually explicit, obscene, or pornographic;
- Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
- Graphically violent, including any violent video game images;
- Solicitous of any unlawful behavior; or
- Solicitous of any misleading behavior (i.e., invalid, expired coupons, promotions, or discounts).
c. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
d. Affiliate will not use the Promotional Materials in any manner other than those set forth in Section 2 above.
e. Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.
f. Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that reference Extraordinary Brands By Darren Peel or extraordinarybrands.io unless Extraordinary Brands By Darren Peel gives prior written consent to the distribution of such materials. Affiliate will not use Extraordinary Brands By Darren Peel’s name (or any name that is confusingly similar to Extraordinary Brands By Darren Peel’s name/its products/services) for any purpose on its website, in its promotional materials, or in any other context except to promote extraordinarybrands.io as specified in this Agreement. Affiliate will not register any domain name that incorporates Extraordinary Brands By Darren Peel’s name, or that is confusingly similar to Extraordinary Brands By Darren Peel’s name.
g. Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Extraordinary Brands By Darren Peel/its products/services or extraordinarybrands.io.
h. If the affiliate is using cloaked links that redirect users to our website, the redirection method MUST BE 301 redirects.
i. PPC bidding is NOT allowed without prior written permission.
j. You shall comply and ensure that all the referral activities or any third parties performing sales or referral activities done by you or on your behalf comply with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending unsolicited emails), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal, or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public.
k. Export laws and regulations of the United States and any other relevant local export laws and regulations are applicable to the Extraordinary Brands By Darren Peel products. You declare, confirm, and undertake that you are not from economic sanctions or prohibited countries by the Office of Foreign Assets (OFAC) of the USA. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Extraordinary Brands By Darren Peel products to prohibited countries or individuals or permit the use of the Extraordinary Brands By Darren Peel products by prohibited countries or individuals.
8. Coupon and Deal Sites
Extraordinary Brands By Darren Peel occasionally offers a coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved/assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply to any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates should NOT list coupon codes or discounts that are NOT exclusively provided to them.
- Affiliates should NOT promote any other coupon codes found elsewhere online.
- In case the affiliate needs an exclusive coupon, he/she should contact us.
- Affiliates may not use misleading text on affiliate links, buttons, or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates should not mention misleading phrases implying coupons are available.
- Affiliates should not create content specifically to target the phrases “Extraordinary Brands By Darren Peel coupon”, “Extraordinary Brands By Darren Peel discount”, or “Extraordinary Brands By Darren Peel lifetime deal”.
- Affiliates should not promote an outdated/expired coupon. It is the responsibility of an affiliate to keep the information updated.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific saving by clicking on a clearly marked link, button, or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- The user must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e., “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
- Affiliates shall not use spammy promotion methods and advertise Extraordinary Brands By Darren Peel on low-value websites such as sites with auto-generated content, auto-generated videos, or any content that they did not create themselves.
- If an affiliate is unsure about their website and if it falls under this category, it is the responsibility of the affiliate to fully disclose their true intention of how they will promote Extraordinary Brands By Darren Peel when their affiliate application is submitted.
9. Indemnification
Affiliate shall indemnify Extraordinary Brands By Darren Peel and hold harmless Extraordinary Brands By Darren Peel from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless Extraordinary Brands By Darren Peel for any damage, loss, or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
10. Confidentiality
Any information that Affiliate is exposed to by virtue of its relationship with Extraordinary Brands By Darren Peel under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Extraordinary Brands By Darren Peel Information.” Affiliate may not disclose any Confidential Extraordinary Brands By Darren Peel Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Extraordinary Brands By Darren Peel.
11. Termination
Extraordinary Brands By Darren Peel reserves the right to terminate any Affiliate account at any time, for any violations of this agreement or for no reason.
12. Taxes
Extraordinary Brands By Darren Peel shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with Extraordinary Brands By Darren Peel as set forth in this Agreement. Extraordinary Brands By Darren Peel shall not withhold any taxes from the Commissions paid to Affiliate.
13. Limitation of Liability
Extraordinary Brands By Darren Peel shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute goods or services (whether Extraordinary Brands By Darren Peel was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
14. Counterparts
This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
15. Severability
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
16. Headings
The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
17. Entire Agreement
This Agreement constitutes the entire agreement between Extraordinary Brands By Darren Peel and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.
18. Terms History
Last Modified: 07/23/2024
Created: 07/23/2024