Welcome to Five CBD! Thanks for joining our Affiliate program.
These following terms and conditions apply to individuals who are accessing or using the Program both as a merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use product or service from the merchant.
By participating in the Program, Affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Affiliate or participate in the Program in any manner.
1. Approve or Reject of the Registration
We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.
2. Affiliate Links and Coupon
Affiliate link is automatically generated, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.
Affiliate might or might not be assigned to one coupon code with details and usage clarified on Dashboard. If customer both click on the affiliate link and use coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.
Affiliate may also advertise merchant website on online channels such as Facebook, Instagram,... or offline classified channel ads, magazines, and newspapers.
3. Commissions and payment
Refer any customer to make a purchase on our website, you will get a commission amount which is calculated based on Commission structure. Commission amount is dependent on order value and not including extra fee (tax, shipping cost,...).
For an Affiliate to receive a commission, you need to specify the payment details on Settings. Payment schedule will be notified on Affiliate Guide page.
Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy which gives merchant the right to review each and every referral order. Status of commission if displayed in Commission tab, any paid commission will be listed on Payment tab. Transactions that result in charge backs or refunds will not be paid out.
4. Marketing tool
We may share promotion media such as banner, logo or specific collection promotion to you through Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels.
If Network tab is activated, affiliate can invite others to become their downline affiliate. If any downline affiliate brings order to merchant shop, upline affiliate will also get network commission which depends on merchant settings.
To invite other affiliates into the system, share network link and any other affiliate who click on that link and sign up will become a downline affiliate.
We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.
If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.
Cookies day is said on the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or use the coupon. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).
7. Removal from Referral Program
If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: firstname.lastname@example.org.
The following terms and conditions govern the placement and delivery of advertising (“Ad”) as set forth in the Insertion Order (“IO”). Per this agreement, the Affiliate will perform advertising and marketing services for Five CBD, LLC. By submitting Affiliate Registration form, the Affiliate agrees to the following terms and conditions.
1.TERMS OF COMPENSATION. “Affiliate” will be compensated as outlined below:
1.In consideration of the rights granted and services provided to Five hereunder, Five shall pay to Affiliate compensation in the amount of 15% of the net sales generated by Affiliate’ Conversions as defined in thisAgreement.
2.Affiliate will receive commission on sales from their Affiliate link for the lifetime of the customer, unless otherwise stated by Five.
3.Payment of the affiliate commission will be completed once a month.
2.DELIVERY OF ADS
1.Blog Posts, Ads & News Updates: Affiliate will be responsible for creating all related content in correlation to Five related posts. In any Blog Post or News Update, Affiliate may not advertise a specified discount for the Five products in the title or the first 75% of thepost.
2.Social Media Posts: Affiliates are encouraged to share Five products through their Social Media following. Affiliates are able to advertise discounts in the body of any post. Affiliates are prohibited from posting on any Five owned social mediapages.
3.All content to tag @Fivecbd. #FiveCBD as well as #FivePartner must comply with FTC disclosure guidelines.
4.In the event that Five determines, in its sole discretion, that any of the social media posts violates brand guidelines or such FTC laws, regulations, or Codes, Five shall notify Affiliate, and Affiliate shall promptly amend or delete such posts.
5.Affiliate is prohibited from tactics including imitation or mimic “Five” sites or utilizing paid traffic keywords including “Five” or derivatives of the Five brand for google, facebook or any other search capabilities designed to divert traffic away from Official Five sites. Failure to comply may result in termination of this agreement.
6.Affiliate agrees to adhere to the Five brand values in all communications and will not communicate hateful, racist, shaming, political, violent, illegal or generally offensive messages in any way. Failure to adhere will result in immediate termination of this agreement.
3.TRACKING & CONVERSIONS
1.Affiliates will have the option of using either a URL or Coupon Code to track conversions on Five’s site. Affiliate my use, one or both, they will both be adequate for tracking conversions and do not to be used in unison to get credit for a sale.
2.If, through any act or omission of Five (including but not limited to the redirecting of a hyperlink), Five causes the tracking codes from Affiliate to cease functioning or to function improperly, then Five shall pay Affiliate an amount equal to the mean number of Actions that would have occurred during the time period in which Five caused Affiliate’s tracking codes to functionimproperly.
3.Five will award conversions to the “Last Click” to the Five site. If a customer clicks two separate affiliate links or uses a coupon code after clicking another affiliates link, the last Affiliate to present Five to the customer will berewarded.
4.FIVE REPRESENTATIONS & WARRANTIESFive agrees to indemnify, defend and hold harmless Affiliate, its parent, successors, subsidiaries, and Affiliatesand their respective directors, officers, agents and employees (the “Affiliate Indemnified Parties”) for any and alllosses, costs, liabilities or expenses (including without limitation reasonable attorneys' fees and expenses) incurred orarising from: (i) any breach of the its representations and warranties or any other material term of this Agreement; (ii)any claim arising or resulting from the sale or license of Five's goods or services as promoted in the Ads; or (iii)anyother act, omission or misrepresentation by Five directly or indirectly related to this Agreement. Affiliate may participate in such defense at its own expense.
5.AFFILIATES REPRESENTATIONS & WARRANTIES Affiliate will not create any Five related Blog or Social Media posts that (a) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicityorprivacy;(b)violateanylaw,statute,ordinanceorregulation,including,withoutlimitation, laws and regulations governing export control, consumer protection (including, without limitation, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, the Federal Trade Commission’s Telemarketing Sales Rule, and the Federal Reserve Board’s Regulation E), false advertising or unfair competition; (c) be defamatory or libelous; (d) be pornographic or obscene;or (e) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.
6.MUTUAL REPRESENTATIONS & WARRANTIESEach party represents and warrants that: (a) it is a corporation duly incorporated, validly existing and in good standing under the laws of its state of incorporation; (b) it has the requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement; (c) it has obtained all licenses, authorizations, approvals, consents or permits required to perform its obligations under this Agreement and to conduct its business; (d) this Agreement has been duly and validly executed and delivered by such party and constitutes the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; (e) the execution, delivery and performance of this Agreement by such party will not constitute a violation of any applicable law or regulation or any judgment, order or decree, a material default under any material contract by which it or any of its material assets are bound or an event that would, with notice or lapse of time, or both, constitute such a default.
7.EMAIL REQUIREMENTSAffiliate will be allowed to distribute Ads by email and the following requirements apply: (a) Each email Ad provided by Affiliate must comply with the CAN-SPAM Act by including, without limitation, identification of the message as an advertisement or solicitation, a physical postal address for the “sender” of the message (as that term is defined in the CAN-SPAM Act), and a functioning electronic mechanism by which the recipient of the email can request not to receive future commercial email messages from Five; (b) Five must maintain an up-to-date master suppression list of individuals who have requested not to receive commercial email from Five (regardless of the source from where such requests were received); (c) Five must provide Affiliate a copy of its most recent suppression list at even seven (7) days during the campaign.
8.LICENSETitle to and ownership of all intellectual property rights of all Ads and associated Five or third-party intellectual property shall remain with Five or its third party licensors.
9.DISCLAIMER OF WARRANTIES Affiliate provides its sites and the sites of its affiliates and partners, and all its services and the services of its affiliates and partners, as performed hereunder, on an "as is," “where is” and "as available" basis, without any warranty of any kind and without any guarantee of continuousor uninterrupted display or distribution of any ad. In the event of interruption of display or distribution of any ad, Affiliate’s sole obligation will be to restore service as soon as commercially practicable. Affiliate disclaims all warranties of merchantability or fitness for a particular purpose, or noninfringement, implied warranties arising from course of dealing or course of performance, or any other warranty regarding quality, accuracy, completeness, reliability, or performance. Affiliate does not warrant or guarantee conversion rates, pay-up rates, response rates or ability to convert responses to ads into sales. All services are contingent upon Affiliate's ability to procure necessary on-line access and Affiliate is not responsible for delays caused by accident, war, act of god, embargo, computer system failure, or any other circumstance beyond itscontrol.
10.LIABILITY In the event that Affiliate’s action(s) result in the breach of this Agreement, Affiliate will be liable for any special, indirect, incidental or consequential damages arising from such actions.
10.TERM AND TERMINATIONEither party may cancel this IO, for any reason, at any time. Any accrued but unpaid payment obligations shall survive termination. In the event of termination, Five shall pay Affiliate for actions that result from advertising placed or sent by Affiliate or its Affiliates prior to termination, for five (5) days following termination.
11.CONFIDENTIAL INFORMATION“Confidential Information” shall mean any and all oral or written information that is identified as confidential and is provided by one party to the other, or information which, under the circumstances surrounding the disclosure, reasonably ought to be treated as confidential. Neither Five nor Affiliate shall disclose or use the other party’s Confidential Information for any purpose other than the purposes contemplated by this Agreement, unless such disclosure or use is allowed by written permission of the other party.
Notwithstanding any other provisions hereof, either party may disclose the other party’s Confidential Information to the extent required by applicable law, but only after five (5) days prior written notification to the other party of such required disclosure. Upon termination, cancellation or expiration of this Agreement for any reason, or upon request by either party, all Confidential Information of the requesting party, together with any copies thereof, shall be returned to that party or certified destroyed. Five’s Confidential Information shall remain the property of Five, and Affiliate’s Confidential Information shall remain the property of Affiliate.
12.MISCELLANEOUSThis Agreement will be governed and construed in accordance with the laws of the State of California without giving effect to conflict of laws principles. Five and Affiliate agree to submit to exclusive jurisdiction in California. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect as though the invalid or unenforceable provision(s) had not been included herein. Affiliate may not assign this Agreement without the prior written consent of Five. The parties' rights and obligations will bind and inure to the benefit of their respective successors, heirs, executors and joint administrators and permitted assigns.
13.INDEPENDENT CONTRACTOR. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument. This Agreement may be executed and delivered by facsimile and the parties agree that such facsimile execution and delivery shall have the same force and effect as delivery of an original document with original signatures.
14.OTHER AGREEMENTSThis Agreement sets forth the entire agreement of the parties and supersedes any and all prior oral or written agreements or understandings between the parties as to the subject matter hereof. Only a writing signed by both parties may change this Agreement, except for changes in the Affiliate fees, which may be changed by a written offer and acceptance between the parties.
By submitting Affiliate Registration form, the Affiliate agrees to the following terms and conditions.
Go forward and refer!
We're very glad you've made it to the end of this important document.
We wish you all the very best. You can always re-visit these Affiliate Program terms and conditions in the future and if you have any questions you can send email to email@example.com for support.
Personal Information Controller
Any personal information provided to or gathered by Secomapp under this Privacy Notice will be stored and controlled by Secomapp (the data controller).
Information collected from Merchants
When merchant uses the app, we are automatically able to access certain types of information from your Shopify account such as email, first name, last name, shop information (shop domain, shop currency, shop address …). We collect this information to provide you with our Services; for example, to confirm your identity, contact you, provide customer support when you contact us, provide you with advertising and marketing activities.
Information collected from Affiliates
When an Affiliate signs up to join a program, we collect some information to inform merchants such as email, personal information, payment details and social network information,...The information would help merchant evaluate affiliate background and potential, along with process specific activities within the app and contact affiliate if needed.
Information collected from Customers when visiting merchant website
In order to track referral order, when customers visit merchant website and make a purchase, Secomapp system will collect information of order such as total order, order items, order ID,....
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.
Cookies are created when a user's browser loads a particular website. The website sends information to the browser which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website's server.
We may also disclose your personal information to any third party with your prior consent.
Use of Secomapp app by Children
Secomapp is not intended for children. If you are under 13, you may use the affiliate marketing system only with the supervision of your parent or guardian.
Secomapp understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are using the system and wish to exercise these right, please contact us through firstname.lastname@example.org. We may require that you provide us with acceptable verification of your identity before providing access to such information.
If you are an affiliate and wish to exercise these rights, please contact the merchant you interacted with directly — we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.