Affiliate Terms & Conditions
It is ABSOLUTELY VITAL that every affiliate adhere to the HIGHEST POSSIBLE STANDARDS of Ethical & Legal Conduct during this relationship.
Our Affiliate Program (the “Program”) is meant to encourage you to promote our products, introduce us to new audiences and to make sure that you are rewarded for your efforts.
It does not create any relationship between us apart from independent contractors; you are not our employee, nor do we have a partnership: if we approve your participation in this program, you are an independent contractor.
This means you should pay all applicable taxes, have the proper insurance, and not make any statement on our behalf. It also means that we will pay you the commission we agree upon specific dates.
Please understand that our liability to you is limited, as stated in our terms of service, and that we are non-exclusive; we can find other affiliates, and you can market other products.
Customer: The user sent to VinylPacks.com site via Affiliate Link
Affiliate / You: The publisher advertising links/promotions of VinylPacks.com
The “Company”: Taylor Creative, LLC. dba VinylPacks.com
Enrollment in the Program
In plain English: Anyone can apply, not everyone gets in.
First, you need to complete and submit an Affiliate Program Application. We will evaluate your application and will notify you of your acceptance or rejection in 1 to 2 business days.
We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Affiliate Program for any reason.
If we reject your application, you are welcome to reapply to the Program at any time.
Prohibited Sites & Verbiage
In plain English: If your content doesn’t align with our values, you’re not getting approved.
Sites or Social Media Profiles that promote sexually explicit material, violence or hate speech.
Sites or Social Media Profiles that promote discrimination based on race, sex, religion, national origin, or physical disability.
Sites or Social Media Profiles that promote illegal activities.
FTC Compliance & Best Practices
In plain English: The government has rules; follow them.
The Federal Trade Commission recently released clearly defined best practices for affiliate marketers. It’s our position that all VinylPacks.com Affiliates must abide by these guidelines and practices and consider them Standard Operating Procedure when endorsing or promoting our products.
Download & Review the FTC Document for Endorsement Guidelines: http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf
We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
We will monitor for FTC compliance to ensure disclosures are adequately added. Please ensure compliance by following the guidelines set by the FTC.
Scope of the Relationship
In plain English: You’re an independent contractor, you can’t share your account with others.
When joining the program, and upon our approval, you will be appointed as a non-exclusive affiliate, and you shall act to refer new potential customers to purchase our products and services. As our affiliate, you may not present yourself as a part of Taylor Creative, LLC. dba VinylPacks.com, and may not create any obligation on behalf of us.
Your participation is as an individual and personal, meaning that you cannot have sub-affiliates or share your affiliate fees with anyone else.
You shall invest reasonable time in promoting our products and services, and do it with good quality; if we find that your promotional material is problematic, offensive, illegal or otherwise objectionable, we may terminate your participation in the program.
You represent and warrant that you are able to participate in the program, that you will only act in a legal, genuine manner and will not infringe on any intellectual property rights or act in any deceptive practice while participating in it.
Promotional Materials, Trademarks and Intellectual Property
In plain English: Respect our trademarks and intellectual property, we give you limited permission.
We reserve all of our Intellectual Property Rights; and provide our affiliates a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use our trademark, brand name, and promotional materials, and such license is limited only to the use in promoting our products with our permitted banners.
This means that you cannot use our Trademarks or Intellectual Property Rights with another brand name or as a bundled project. It also means that you cannot allow or give permission to others to use the content we licensed to you.
You may only use the permitted banners and promotional material that we provide you as a part of our gallery.
Text links are permitted and suggested. It is your responsibility to ensure all text based links are properly spelled and include your unique affiliate identifier.
Termination and Suspension
In plain English: We may terminate this relationship at any time.
We reserve the right to terminate your affiliation with Taylor Creative, LLC. dba VinylPacks.com (i.e., your membership in the Program), at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect, at our sole discretion. When we terminate our relationship, you must cease using all of our Trademark and/or Intellectual Property Rights.
If we suspect any breach of these terms, we may suspend your account until we receive and review sufficient evidence from you that shows that no breach of these terms occurred. In such case, we may require review of your books and records prior to reinstatement.
Upon termination due to breach, we shall retain all funds in your account.
Termination Due to Inactivity
In plain English: If your account is inactive for an extended period, we may terminate your account and withhold the outstanding balance.
If we believe that your account is inactive, meaning it did not earn any commission or receive any visits using your referral link, then we may close down your account. In such case, your pending balance, if not exceeding the payment threshold, will not be paid. We will not use this right without providing you notice of at least 14 days, allowing you the time to promote your referral links and restore your account to “active” status.
Commissions and Records
In plain English: We pay according to a specific cookie measurement; first cookie wins.
Each affiliate will be provided with a fixed affiliate commission rate as reflected in your account. We may change this commission at any time based on our own discretion. Such changes will not be retroactive.
We pay our commission for completed conversions; a conversion is a new customer, who makes a purchase from our website within a certain duration of days of clicking a permitted banner or link you placed; provided that we were not introduced to this customer by any other affiliate or that he did not subscribe to our website of their own volition prior to their click.
We will not pay a commission for self-dealing, i.e using the affiliate program to get discounts.
The commission shall be calculated out of our net revenues from your eligible conversions, which means our total revenues, minus shipping expenses, merchant fees, taxes, chargebacks, cancellations, returns, bad debt, collection costs and payments made in order to collect the payment.
The means of tracking your qualified conversions shall be by placing a banner or link that includes your unique tracking tags, pixels, and code we provide you.
You agree that our books and records are deemed as accurate and that our tracking is final.
In plain English: We will pay you according to the terms of our program.
Your commission is calculated only upon payment to you. Until then, the expected payment is not an obligation from us to you, but an estimation of future revenues.
We pay our affiliates on a monthly basis when their commissions reach a threshold that we determine and post on our website. The payment shall be made via PayPal or any other method we agree upon.
Until the payment is made, the sums specified on your account are not considered debt, and shall not be paid until you reach that threshold.
You shall bear all taxes and expenses relating to the payment, including any fees which may be incurred by PayPal or your financial institution (bank).
You are required by law to provide us with an invoice upon payment.
If we provide a qualified conversion with a refund, then we may deduct the commission from your future payment, or request that you return such fees. You also agree that we may offset any sums that you may owe us from any future payments.
Each party shall bear its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.
In plain English: We will kick you out if you can’t follow the rules.
We consider the following as “bad practices” which are prohibited and will result in automatic termination of your participation in this program, as well as forfeiture of all sums you are entitled to. If at any time we believe that you acted in bad faith or illegally, we may also cancel your participation and withhold all payments.
The following are considered bad practices:
1. Using deceptive practices, encouraging users to click links or use of any automated means to create traffic.
2. Presenting yourself as a part of Taylor Creative, LLC. dba VinylPacks.com
3. Using the VinylPacks.com brand while presenting un-permitted banners, or when using the VinylPacks.com Brand as a part of your domain name, website name, banners or in any form of paid advertising (for example, PPC campaigns)
4. Using domain names that imply any link to the VinylPacks brand including the word “Vinyl Packs” or similar sounding, looking or typed names. Simply put, don’t buy domain names that may be mistaken for ours.
5. Spamming; Affiliate are encouraged to share their unique link with users that have willingly signed up for their email list. Sending unsolicited emails is a violation of this agreement and may result in termination of your participation in this program, as well as forfeiture of all sums you are entitled to.
Affiliates will be held liable for any financial loss incurred by The Company. Any service interruptions to The Company’s website as a result of Affiliates spamming will be billed to 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 The Company, who has not specifically requested the information directly from Affiliate.
6. Buying Traffic
7. Using paid search or keyword advertising using our Intellectual Property Rights or brand name to drive traffic to your site, banners, or links; In short, purchasing google, bing, yahoo, facebook, or instagram ads using keywords contained in our IP is a violation of this agreement and may result in termination of your participation in this program, as well as forfeiture of all sums you are entitled to.
8. Offering coupons or discounts without our consent
9. Offering others a part of your commission
10. Using words like “deal”, “sale” or “discount” in a deceptive manner or in a way stating that there is any discount, rebate, cash-back or other reduced payment for products when there isn’t
This list is non-exhaustive, and we may block any practice that we believe is bad and terminate or suspend your account. Bad Practices also include any illegal or unauthorized advertising, infringing upon intellectual property rights, invading users privacy, or otherwise using any advertising in violation of local laws and regulations.
In plain English: Don’t tell others how much you earned from the program.
Our relationship is confidential; meaning that your commissions are confidential, the fact that we paid you is not.
You should add a decent disclosure if required by law that you receive a commission for purchases made through your link or banner, but you should not reveal your specific commission.