Conversion action | Online purchase with processed valid payment |
---|---|
Cookie days | 90 days |
Commission type | Percent of Sale |
Base commission | 15.00% |
AMORETTI
AFFILIATE PROGRAM TERMS OF SERVICE
Welcome to the Amoretti Affiliate Program.
These Terms of Service ("Terms") govern your participation as an
affiliate ("Affiliate", "you", "your") in the
Amoretti Affiliate Program (the "Program"), operated by Noushig,
Inc., a California corporation, dba Amoretti ("Amoretti"). By
participating in the Program, you agree to these Terms. Please read them
carefully.
1. Enrollment and Eligibility
Once you enroll in the Program, you will receive a link and discount code to share with your audience. As
well as a one-time use discount code to receive select Amoretti products. Additional
products may be given, upon your
request, if you are successful in generating sales, in the sole and
absolute discretion of Amoretti.
You must maintain eligibility by posting
about Amoretti and its products at least once per month.
2. Use of Links
You may promote Amoretti products through
various channels, including social media, videos, banners, and text links
("Links"). Spamming is strictly prohibited. You may use Amoretti's
trade names, service marks, and logos in your promotional materials with our
consent, which may be revoked at any time at Amoretti’s sole discretion. A Link may only be visually modified with
Amoretti’s consent, and Amoretti may revoke its license for any particular
piece of promotional material at any time. You agree to remove any such
piece of revoked promotional material within twenty-four (24) hours of receipt
of written notice from Amoretti that the license for such promotional material
is revoked.
3. Commissions
You will receive a 15% commission on every
new customer sale attributed to your unique Affiliate Link. Commission rates
are subject to change at Amoretti’s sole discretion.
4. Commission Payment
Commissions which Amoretti deems are due and
owed to Affiliate under the Program will be paid to Affiliate directly by
Amoretti after any holding period and in accordance with a regular payout cycle
established by Amoretti. Initially, commission payments shall be made on the
first (1st) day of the applicable month. The payment schedule is subject to
change from time to time, at Amoretti’s sole discretion.
5. Responsibility for Your Platforms
You are solely responsible for your website
and social media channels, including all posted materials. You must ensure that
your content complies with all laws and does not infringe upon any third-party
rights.
6. Term
Your participation in the Program begins when
you accept these Terms and ends upon termination by either party. Either party
may terminate this Terms at any time, with or without cause, by giving notice
to the other party.
7. Modification
Amoretti may modify these Terms at any time,
and such modifications will take effect 24 hours after notice is provided to
you. Your continued participation in the Program constitutes acceptance of the
modified Terms.
8. Relationship of Parties
You and Amoretti are independent contractors,
and nothing in these Terms creates any partnership, joint venture, or
employment relationship between you and Amoretti.
9. Limitation of Liability
Amoretti will not be liable for any indirect,
special, or consequential damages arising out of your participation in the
Program.
10. Disclaimers
Amoretti makes no warranties or
representations regarding the Program or any products sold through the Program.
Amoretti does not guarantee uninterrupted or error-free operation of our
website or product fulfillment.
11. Representations and Warranties
You represent and warrant that you have the
legal capacity to enter into these Terms and that your participation in the
Program complies with all applicable laws and regulations.
12. Confidentiality
Amoretti may disclose to
Affiliate certain information as a result of Affiliate’s participation as part
of the Program, which information Amoretti considers to be confidential (herein
referred to as "Confidential Information"). For purpose of these Terms,
the term "Confidential Information" shall include, but not be limited
to, any modifications to the terms and provisions of these Terms
made specifically for Affiliate’s site or social media channels and not
generally available to other members of the Affiliate Program, website,
business and financial information relating to Amoretti, customer and vendor
lists relating to Amoretti and any members of the Program, other than
Affiliate. Confidential Information shall also include any information that
Amoretti designate as confidential during the term of these Terms.
Affiliate agrees not to disclose any Confidential Information and that such
Confidential Information shall also include any information that Amoretti
designate as confidential during the term of these
Terms. Affiliate agrees not
to disclose any Confidential Information and that such Confidential Information
shall remain strictly confidential and secret and shall not be utilized,
directly or indirectly, by Affiliate for Affiliate’s own business purposes or for
any other purpose except and solely to the extent that any such information is
generally known or available to the public or if same is required by law or
legal process. Amoretti makes no warranty, expressed or implied, with respect
to any information delivered hereunder, including implied warranties of
merchantability, fitness for a particular purpose or freedom from patent,
trademark or copyright infringements, whether arising by law, custom or
conduct, or as to the accuracy or completeness of the information and Amoretti
shall not have any liability to Affiliate or to any other person resulting from
Affiliate’s or such third person's use of the information.
13. Indemnification
Affiliate hereby agrees
to indemnify, defend and hold harmless Amoretti, its officers, directors,
employees, agents, affiliates, successors and assigns, from and against any and
all claims, losses, liabilities, damages or expense (including attorneys' fees
and costs) of any nature whatsoever incurred or suffered by Amoretti
(collectively the "Losses"), in so far as such Losses (or actions in
respect thereof) arise out of or are based on (i) any claim or threatened claim
that Amoretti’s association with Affiliate infringes on the rights of any third
party; (ii) the breach of any promise, covenant, representation or warranty
made by Affiliate herein; or (iii) or any claim related to Affiliate’s site or
social media channels.
14.
Miscellaneous
Terminated accounts
cannot later apply to the Program without Amoretti’s express written consent. These Terms
will be governed by the laws of the United States and the State of California,
without reference to rules governing choice of laws. Amoretti reserves the
right to institute a reserve fund holding commissions for a time period deemed
necessary in situations where sales generated by an affiliate consistently have
a high chargeback/cancellation ratio. Amoretti will be the sole and final
arbitrator for any and all disputes or claims related to the validity of sales.
Amoretti’s failure to enforce Affiliate’s strict performance of any provision
of these Terms will not constitute a waiver of Amoretti’s right to subsequently
enforce such provision or any other provision of these Terms.
15. Dispute Resolution
(a) All disputes with respect to the Program
or these Terms will be governed by the laws of the State of California without
regard to conflicts of laws principles that would result in the application of
the laws of any other jurisdiction. In the event of the commencement of formal
legal proceedings, each party knowingly and voluntarily submits and consents to
the exercise of personal jurisdiction over such party with venue and trial
exclusively to be commenced and to remain in a California state court in the County
of Ventura, California (except as set forth below and in Sections 15(b) and
15(c)); the doctrine of forum non conveniens does not apply to these Terms.
In the event the amount in controversy between you and
Amoretti is $15,000.00 or more, the terms of Sections 15(a) and 15(b) below
shall apply, and any mediation or arbitration shall be commenced and take place
in the County of Ventura, California:
(b) Mediation. You agree to mediate any controversy or
dispute arising out of or related to or based upon these Terms or any of the
terms, provisions, or conditions of these Terms before resorting to arbitration
or court action. If you and Amoretti
cannot agree on a mediator, then the dispute shall be submitted by you and
Amoretti to mediation and conducted in conformity with and subject to the
applicable mediation rules and procedures of ADR Services, Inc. (or any
successor thereto). A request for
mediation conducted by ADR Services, Inc., shall be made in writing, delivered
to the you or Amoretti, as the case may be, and filed with the person or entity
administering the mediation.
(i) The costs of the mediation, including the
mediator’s fees, shall be borne equally by the parties to the mediation. If the matter does not resolve following the
mediation and proceeds to arbitration, the costs of the mediation may be
submitted to the arbitrator for allocation in connection with a final award.
(ii) A party who fails to comply with the
requirement to mediate in this paragraph shall not be entitled to recover
attorney's fees even if they would otherwise be available to that party in any
such arbitration or court action.
(c) Arbitration.
Except for a controversy or dispute within the jurisdiction of small claims
court, any controversy or dispute arising out of or related to the Program or these
Terms or any of the terms, provisions, or conditions of these Terms shall be
submitted to arbitration in Los Angeles County, California, or another location
agreed to by you and Amoretti. The
arbitration shall be conducted through, in conformity with and subject to the
applicable rules and procedures of ADR Services, Inc. (or any successor
thereto). If ADR Services, Inc., is not
then in existence and fails or refuses to act, then the arbitration shall be
conducted through and in conformity with, and subject to, the applicable rules
and procedures of JAMS, Inc.
(i) You agree to work with Amoretti to select
one arbitrator by mutual agreement through ADR Services or a successor service
in accordance with the provisions hereinabove.
The selection of the arbitrator shall be in accordance with the rules
prescribed above, except that any arbitrator selected shall be neutral and
thoroughly familiar with the principal subject matter of the issues to be
arbitrated. If you and Amoretti fail to
mutually agree upon an arbitrator, then an arbitrator with the above required
qualifications shall be selected by ADR Services, or, if applicable, the
successor service. You hereby agree that the testimony of witnesses shall be
given under oath, and that depositions and other discovery may be ordered by
the arbitrator.
(ii) The costs of the arbitration, including
the arbitrator’s fees, shall be borne equally by the parties to the
arbitration, unless otherwise ordered by the arbitrator.
(iii) You are agreeing to have any dispute
arising out of the matters included in this “arbitration of disputes” provision
decided by neutral arbitration and are giving up any rights they might possess
to have the dispute litigated in a Court or jury trial.
(d) If
you materially breach these Terms and if Amoretti determines in good faith that
immediate relief is necessary, Amoretti is excused from compliance with the
requirements of Sections 15(b) and 15(c) and may seek temporary restraining
orders, preliminary injunctions, or similar temporary and equitable relief in a
court of competent jurisdiction without waiving the right and obligation to
mediate and arbitrate pursuant to Sections 15(b) and 15(c).
16.
Attorneys’ Fees
The prevailing party in any dispute arising
under these Terms may recover reasonable attorneys' fees and costs.
17. No Third-Party Beneficiary
These Terms are solely for the benefit of you
and Amoretti and do not create any rights for third parties.
By participating in the Program, you
acknowledge that you have read, understood, and agree to these Terms.
18. Miscellaneous
Amoretti reserves the right to institute a
reserve fund holding commissions for a time period deemed necessary in
situations where sales generated by an affiliate consistently have a high
chargeback/cancellation ratio. Amoretti will be the sole and final arbitrator
for any and all disputes or claims related to the validity of sales. Amoretti
may assign these Terms in its own absolute sole discretion. Affiliate may not
assign these Terms, by operation of law or otherwise, without Amoretti’s prior written
consent. Subject to that restriction on Affiliate’s right to assign these Terms,
these Terms will be binding on, inure to the benefit of, and enforceable
against the parties and their respective successors and assigns. Amoretti’s
failure to enforce Affiliate’s strict performance of any provision of these
Terms will not constitute a waiver of Amoretti’s right to subsequently enforce
such provision or any other provision of these Terms.