THIS AFFILIATE PARTNER AGREEMENT, between Soho Fashion Inc. (“Soho") and you ("Affiliate”) are bound by the terms and conditions of this “Agreement” once you have completed an application for the Soho Affiliate Program.
This Agreement governs participation in the Program only. Once you are accepted into the Program, you will be able to participate in the Program subject to the terms and conditions of this Agreement. Participation in the Program is to legally advertise our website (sohostyle.com) to receive commission on referral customers. Soho reserves the right to evaluate each application and notify potential Affiliate with notice of acceptance or rejection.
- Affiliate must provide accurate and complete information including but not limited to full legal name, valid email address, valid address, and any other information requested in order to create an Affiliate account.
- Soho reserves the right to modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion without notice.
- Violation of these terms and conditions may result in suspension of your rights to be an Affiliate and result in lost commissions and/or removal from the Program.
- INAPPROPRIATE CONTENT
- Promotes graphic violence (which may include certain types of game sites)
- False advertisements concerning Soho.
- Promote sexually explicit, pornographic or obscene content (whether in text or graphics)
- Promote illegal activities
- Including or using "sohostyle.com, “sohostyle," sohofashion,"or “soho” or variations or misspellings thereof in their domain names, blog, Facebook account, YouTube channel, Twitter username or any URL associated with the affiliate account.
- Promote content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethnically or otherwise objectionable
- Promote or use bulk unsolicited email (spam)
- Promote speech or images that are offensive, profane, hateful, threatening harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise)
- Promote any unlawful behavior or conduct
- Otherwise are considered offensive or inappropriate at Soho's sole discretion
AFFILIATE ACCOUNT AND ADVERTISING
- Affiliate must create log-in and password in order to have access to the Program. From this account the Affiliate is able to track and view sales and commission amount(s).
- Affiliates are permitted to use links, discount codes, any related banners, or text advertisements provided by Soho. You may not use your own link to make purchases and you may not knowingly allow others to repeatedly use your affiliate link to earn commission.
- Affiliates are not permitted to promote any non-affiliate programs related materials, such as coupon codes provided in customer newsletters, codes provided to other affiliates, any promotional codes, or codes received from any source other than directly from Soho. Affiliates are required to remove invalid codes and banners.
- Affiliates are prohibited from using Program coupon and links on coupon based websites such as GROUPON.COM, RETAILMENOT.COM, COUPONTRADE.COM or any similar sites. Soho reserves the right to change or delete promotional codes with or without notice.
- Affiliate will forfeit any commission arising from improper promotion, untrue or inflammatory claims of our products, services or websites.
- PAID SEARCH POLICIES
4.1 Affiliate IS NOT permitted to bid or participate in trademark bidding on any search engine or Paid Placement service or site. Affiliate MAY NOT bid on trademarked or registered terms and products and MAY NOT use the following WORDS in the HEADLINE or BODY or your advertisement. Prohibited WORDS include but are not limited to:
Sohostyle hair coupon
Sohostyle hair discount
Sohostyle hair accessories coupon
Sohostyle hair accessories discount
Moreover, Affiliate agrees to promptly remove any search engine listing Soho deems inappropriate for any reason.
4.2 Affiliate may not use their affiliate links or any of the Soho domains and/or URLs (including but not limited to www.sohostyle.com as the display domain or URL in the advertisement. When engaging in paid search engines campaigns, Affiliates must use their own domain and/or URL in ads.
4.3 Affiliates who do not follow the paid search policy will be removed from the program immediately and forfeit all commission currently owed.
- COPYRIGHT AND TRADEMARK INFRINGEMENT
Affiliate shall share in the responsibility for policing the infringement of all of Soho’s intellectual properties, including but not limited to the patents, trademarks and trade dress. Upon discovery of such infringement, which shall include attempts by competitors of Soho to promote and sell items that are knock offs of products, including but not limited to, hair extensions and hair accessories (“Products”), and/or upon being contacted by such competitors regarding the promotion or sale of knock off products, Affiliate shall attempt to immediately contact Soho in writing regarding the circumstances surrounding the alleged infringement. Affiliate shall not actively or passively assists in the sale and promotion of knock off products or the unauthorized use of Soho’s intellectual property, Affiliate shall be held liable for any action or conduct that is detrimental to or damages Soho’s goodwill and reputation (including dilution of Soho’s trademarks).
“Cookie-Stuffing”, forced clicks, etc. is not permitted. “Cookie stuffing” is an unlawful strategy of generating affiliate sales. (IE: Use of cookie stuffing to cause tracking systems to conclude that a user has clicked through a qualifying affiliate link – and to pay commissions accordingly- even if the user has not actually clicked through any such link). Affiliates found using, employing or receiving this strategy will be immediately revoked and all commissions will be forfeited.
As an approved Affiliate, you may earn commission in accordance with this Agreement. Soho may change or terminate the provisions of this Section 7(seven) at any time and at Soho's sole discretion.
7.1 Affiliate will earn 15% of the gross sale of sold amount
7.2 Commission rates may change and they may be viewed by logging into Affiliate’s account.
7.3 Commission is paid only on links that can be tracked and reported by Program.
7.4 Refunded payments do not qualify for commission payout.
7.5 The commission is based on product that is sold. Payments are made once an affiliate reaches minimum of $50 of commissions required for a payout.
The term of the agreement starts upon Soho’s acceptance of Affiliate's application and can be terminated by either party. Affiliation can be ended with or without cause at any time, by giving the other party notice of termination in the form of writing and/or e-mail. Upon the termination of the agreement, Affiliate will remove all links to Soho’s website, as well as all banners and graphic images provided under the Program.
Soho agrees to indemnify, defend and hold harmless Affiliate, his officers, agents, directors, successors, assigns, shareholders, employees and independent contractors hired by Affiliate from and against any and all expenses, penalties, costs and expenses including attorney’s fees, liabilities or damages resulting from any claims, actions or suits relating to: (a) the Products; and (b) any gross negligence, recklessness or intentional misconduct on the part of Soho and its principle owners.
Affiliate agrees to indemnify, defend and hold harmless Soho, their officers, agents, directors, affiliates, successors, assigns, shareholders, employees and independent contractors hired by Soho from and against any and all expenses, penalties, costs and expenses including attorney’s fees, liabilities or damages resulting from any claims, actions or suits relating to Affiliate’s actions, misconduct and misrepresentations of the Products and the Product claims.