Affiliate Agreement
Hustle Coffee Affiliate Program Agreement
This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Company's Affiliate Program and the establishment of links from your affiliate website to our website, www.gohustlecoffee.com.
Definitions
Company: Hustle Coffee, a brand of SolFoodz Pte. Ltd., with the website https://gohustlecoffee.com
Customer: The user sent to The Company site via affiliate link
Affiliate / You: The publisher advertising links/promotions of The Company
Affiliate Responsibilities
It is understood that the Affiliate will introduce Company products and services to their current and prospective customers and will comply with all laws, including those that govern email marketing and anti-spam laws.
The Affiliate will be fully responsible for any costs related to maintaining or marketing the Affiliate Program, including but not limited to costs associated with the creation, hosting, modification, or improvements to the Affiliate's website; cost of internet marketing; offline marketing costs; postage; and all other costs and expenses.
The Company reserves the right to accept or reject any prospective customers. It will pay the Affiliate a commission per customer referred using an affiliate code and according to a designated payment schedule.
The affiliate is solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable copyright, FTC disclosure and other laws. The affiliate must have express permission to use another party’s copyrighted or proprietary material. We are not responsible for violations.
Nature of partnership
The Affiliate will act as an agent on behalf of the Company by placing links on the Affiliate’s website(s) to direct traffic to the Company website(s) registered at https://gohustlecoffee.com. In addition, the Affiliate shall coordinate with the Company to successfully market, publicise, and promote the Company's products or services.
Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Program will be available on the company website. Accordingly, Affiliates must keep themselves informed of any amendments to Affiliate Programs, particularly if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.
Terms of the agreement
The term of this Agreement will begin upon the Company's acceptance of the Affiliate's application.
The Affiliate is only eligible to earn commission fees on qualified purchases occurring during the term. Commission fees earned through the termination date will remain payable only if the orders for the related products and services are not cancelled and comply with all terms in this Agreement.
The Company may withhold your final payment of commission fees for a reasonable time to ensure that all qualified purchases are valid and payments from the referred affiliate at its sole discretion.
Any Affiliate violating this Agreement or the Company's Terms and Conditions will immediately forfeit their right to all accrued commission fees and be removed from the Company Affiliate Program.
Without limitation, the Affiliate's participation in the program and this agreement shall be automatically terminated immediately, and all commissions shall be forfeited upon the Affiliate's violation of any of the terms of this Agreement or any applicable law or regulation having the force of law.
Confidentiality
The Affiliate promises and agrees to hold any confidential information in strict confidence and trust for the sole benefit of the Company, both during the term of this Agreement and at all times thereafter, and shall not use such confidential information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties according to this Agreement, without the Company's prior written consent.
The Affiliate shall not disclose confidential information to any person or entity other than to such of its employees or consultants as may be reasonably necessary to perform its duties hereunder and have executed agreements of confidentiality no less protective than this Agreement without the Company's prior written consent.
The Affiliate's obligations include taking all actions necessary to ensure that affiliates, employees, contractors, or agents abide by the terms of this section in their entirety.
Indemnification
The Affiliate hereby agrees to indemnify and hold harmless the Company, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on:
Any claim that our use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party.
Any claim related to the Affiliate's site, including, without limitation, its development, operation, maintenance, and content therein, is not attributable to the Company.
Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein.
Enrolment in the affiliate program
To register for the Affiliate Program, the prospective affiliate must complete and send an Affiliate Program Application to the Company. The Affiliate Program Application is included on the Company's website and can be completed and submitted through the site or the affiliate networks we use.
The Company will evaluate the application and notify the Affiliate of their acceptance or rejection within five business days. The Company may reject the application for any reason at their sole discretion.
Without limiting the ability to reject any application for any reason at the Company's absolute discretion, the Affiliate application will be rejected if:
- The application is incomplete.
- The Affiliate website contains images or content that promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- The Affiliate website promotes illegal activities or is intended to harass or defame any person.
- The Affiliate website intentionally includes variations or misspellings of the Company's trademark in its domain names or otherwise violates the Company's or others' intellectual property rights.
If the Company rejects the Affiliate’s application, the Affiliate is welcome to reapply to the program at any time.
However, if the company accepts the application, it reserves the right to terminate the Affiliate’s participation in the program for any reason at its sole discretion immediately and without prior notice.
Spam
Affiliate agrees not to utilise SPAM to promote The Company. This action will result in the immediate termination of the Affiliate account and the cancellation of any pending commissions. Affiliates will also violate The Company’s Affiliate Agreement, are subject to legal action, and be held liable for any financial loss incurred by The Company. Any service interruptions to The Company’s website due to Affiliate spamming will be billed to the Affiliate at 500 U.S. dollars per hour until service is restored.
For the purpose of this agreement, spam is defined as emailing ANYONE, in bulk or by single mailing, about a company that has not specifically requested information directly from the affiliate. The ONLY exceptions to this are:
Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on the Affiliate's behalf. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against the Affiliate, resulting in suspension or termination.
You may include information on The Company in email acknowledgement messages for orders and inquiries you receive so long as it is stated upfront that you will send them an acknowledgement.
The Company also considers ANY type of advertisement about The Company posted to a Newsgroup or Chat Room to be spam.
Promotion of Our Affiliate Relationship
As an Affiliate Site, we will make available to you Links (each of these links sometimes being referred to herein as “Links” or, individually, as a “Link”) and banners, which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links will identify your site as a member of our Affiliate Network and establish a link from your site to ours.
Links:
Subject to the terms of the clause below, the Company will provide the Affiliate with links consisting of graphic images or text we provide (and subject to change from time to time at the Company’s sole discretion). These Links will connect the Affiliate’s site directly to the Company’s. By utilising these Links, the Affiliate’s site users can order any product(s) that were described or referenced on your site directly from the Company.
Agreements Regarding Links:
In utilising Links, the Affiliate also agrees that the Affiliate will display on your site only those graphic images (indicating a Link) provided by the Company, and the affiliate will substitute such images with any new images provided by the Company from time to time throughout the term of this Agreement. All Links may be modified and/or expanded from time to time throughout the term of this Agreement according to the mutual agreement of the parties hereto. Each Link connecting users of the Affiliate’s site to the pertinent area of our site will not alter our site's look, feel or functionality. In addition, the Company encourages (but does not require) you to include a link to the Company's home page.
PPC Bidding Rules
Publishers are prohibited from bidding on the following:
- Branded/trademarked terms
- Derivatives of branded/trademarked terms
- Broad-match based on branded/trademarked terms
Paid Search publishers are also not allowed to use the brand name Hustle Coffee in:
- Display URL
- Title & Ad Copy
You may bid on Hustle Coffee's competitors' branded/trademarked terms and link directly to Hustle Coffee from a Paid Search Ad.
Affiliates are also prohibited from bidding on the following trademarks, domain names and or variations of them:
- Hustle Coffee
- HustleCoffee
- Gohustlecoffee
- Coffee for Hustlers
- Power your Story
- Power your Story Coffee
Promotion through Google Shopping / Product Listing Ads is prohibited unless express permission is provided.
Contests and Promotions:
- As an Affiliate Site, you will be entitled to participate in and promote any sweepstakes, contests, and special promotions we may offer on your site. In addition, you will be entitled to earn commissions as set forth.
- Only offers and promotional tools provided explicitly by The Company for use on an affiliate site are valid.
- The unauthorised use of promotional offers taken from another website is strictly forbidden and may result in the termination of this agreement
Licenses and Use of the Company’s Logos and Trademarks
The Company grants the Affiliate a non-exclusive, non-transferable, revocable right to (i) access our site through the links per the terms of this agreement and (ii) solely in connection with such links and under the conditions provided for herein, to use our logos, trade names, trademarks, and similar identifying material relating to us (collectively, the “licensed materials”), for the sole purpose of selling products on your site for the company. The Affiliate may not alter, modify, or change the licensed materials in any way without written permission. The Affiliate is only entitled to use the licensed materials while you are a member in good standing of the Affiliate program.
You shall not make any specific use of any Licensed Materials for purposes other than selling products on your site for The Company without first submitting a sample of such to us and obtaining the prior written consent of The Company’s Affiliate Program Manager, which shall not be unreasonably withheld. We reserve all our rights in the Licensed Materials and other proprietary rights. We may revoke your license at any time by giving you written notice.
Publicity
The affiliate shall not create, publish, distribute, or permit any written material that refers to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.
Reports of Sales
You will be given a username and password, and you can enter a password-protected site to receive your sales statistics daily.
Affiliate payment
The Company makes no representations or warranties regarding potential income from the Affiliate Program. Commissions will be paid to the Affiliate based on customers who access the Company website through the Affiliate's site or have used the Affiliate coupons.
If multiple Affiliates are promoting to the same customer, the Attribution of commission to the Affiliate would prioritised firstly by the Affiliate’s coupon and thereafter by the last Affiliate link used by the customer.
Commissions will be based on net sales price after coupons, discounts, sales tax, shipping, special service fees (such as gift wrapping), late charges, collection costs, and any other payment made to the Company that is not the product's purchase price.
Payments are made automatically each month, and when the affiliate's account balance reaches $100 or more for the previous month's transactions, The Affiliate understands that the Company may change the payout amount anytime.
The Affiliate is responsible for determining if the payout for a link they placed on their site has changed or been discontinued. The Company reserves the right to deduct the costs for any products returned or refunded in the subsequent months, attributable to credit card fraud, bad debt write-off, or for any other reason if the previous commission was overpaid.
Modification
The Company may modify any terms and conditions in this Agreement at any time at its sole discretion. In such an event, the Company will notify the Affiliate by email. Modifications may include but are not limited to, changes in the payment procedures and Company Affiliate Program rules.
If any modification is unacceptable to the Affiliate, their only option is to end this Agreement. Continued participation in the Company Affiliate Program following the notification of change or new Agreement posting on our site will indicate your agreement to the changes.
Severability
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
Applicable Laws
The laws of the States and Country will govern this Agreement without reference to rules governing the choice of laws. Any action relating to this Agreement must be brought in by the federal or state courts located in Singapore, and the Affiliate irrevocably consents to the jurisdiction of such courts.
The Affiliate may not assign this Agreement by law or otherwise without our prior written consent. The Company's failure to enforce the Affiliate's strict performance of any provision of this Agreement will not constitute a waiver of the Company's right to subsequently enforce such a provision or any other provision of this Agreement.
Termination of agreement
The Affiliate or the Company may terminate the Affiliate relationship at any time. The Affiliate is only eligible to earn Affiliate payments during their time as an approved Affiliate. The Company may change the program or service policies and operating procedures anytime.