I’m stoked that you are interested in becoming an affiliate for Carve Fin Art.
I want you to know, that as an affiliate, you are very important to the Carve Fin Art Brand. I will therefore do my best at all times to treat you fairly and give you the respect you deserve. In return, all I ask for is that you to do the same for me.
I’ve written the following affiliate agreement with you and in mind, so that you know exactly what is expected of you and what you will receive in return.
It will also detail what kind of affiliate behaviour will not be tolerated. I will always do whatever I need to, in order to protect the name and brand of Carve Fin Art.
I’m a strong believer in straight forward and honest communication, so if you have any questions, please don’t hesitate to get in contact with me via the contact page on this website and I will do my best to get back to you as quickly as I possibly can.
Some of the contents of his page might sound serious and contain legal formalities, but the underlying principles are simple and easy to follow.
AFFILIATE AGGREEMENT BASICS
Affiliates must not:
Spam people, whether that is via email or any other way.
Falsely advertise or misrepresent Carve Fin Art products.
In return, as an affiliate you will receive a commission of 40% for the completed sale of any order of prints from the Carve Fin Art website, when a customer makes their purchase using your affiliate referral link or code.
This does not include the value of any additional postage and packaging.
If a customer you refer uses a discount coupon code, this will be deducted from the order total before your affiliate commission is calculated.
If a customer uses your affiliate link and purchases 1 print for £45, you’ll receive £18 commission in your affiliate account.
If a customer purchases 3 prints for £135, you’ll receive £54 commission in your affiliate account.
If a customer purchases 1 print for £45 and pays £10 for worldwide postage, you will only get 40% of £45, not the full £55 total including the postage costs, so you’ll receive £18 commission in your affiliate account.
If a customer purchases 1 print for £45, using a 10% discount coupon code, the order total will be £40.50. Therefore, your affiliate commission will be calculated as 40% of this figure, which is £16.20.
Affiliates must reach a minimum £20 payout threshold in their affiliate account before a payout can be made.
Affiliates can request a payout at any time, after their account balance has met the minimum £20 payout threshold.
Carve Fin Art has a 30 day returns policy for all artwork. This means that affiliate referrals will remain at pending status until this period has passed. After this time, referrals will be cleared and you will be able to see this reflected in your affiliate area. If a customer you refer returns their item(s) and receives a refund, or a transaction is cancelled for any reason, your commission will be automatically rejected/revoked.
Payout of your affiliate commissions will be made via PayPal. Therefore, a valid email address, which is linked to a PayPal account, will need to be provided on the Affiliate Registration Form.
All sections of the Affiliate Registration Form need to be completed before it can be submitted for consideration. If you don’t have a website, please provide the name of the main social media channel you will use to promote Carve Fin Art in the ‘Website URL’ box, (e.g. Instagram or Facebook) and then in the ‘How will you promote us’ box, add further details, such as the username used for this social media page.
The Username that you choose while creating your affiliate account will form part of the affiliate link that you will use to promote Carve Fin Art, so please pick something suitable. I would suggest using the same username as you use on social media. I will review all submissions, so anything that I feel is not acceptable will be grounds for your application to be rejected.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CARVE FIN ART.
BY COMPLETING THE ONLINE REGISTRATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Carve Fin Art’s Affiliate Programme. The purpose of this Agreement is to allow HTML linking or use of affiliate codes between your web site and other channels and the carvefinart.com web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to carvefinart.com, and “you,” “your,” and “yours” refer to the affiliate.
“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action.
IT IS HEREBY AGREED AS FOLLOWS
- Except where the context requires otherwise, words importing the masculine shall include the feminine; words importing the singular shall include the plural; words importing natural personage shall be equally applicable to corporate personage; and vice versa.
- References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
- No term of this agreement or course of dealings between the Parties will operate to make the Affiliate an employee or agent of the Principal.
- “Confidential Information” means any and all information disclosed (whether directly or indirectly or orally or by any other means and whether marked confidential or not) by the Principal to the Affiliate either before, on or after the execution of this Agreement which at the time of disclosure is not already part of the public domain and which relates to any business, concept, invention or idea or the execution thereof or to any related manner, including, but not limited to, the following classes of information:
- Financial information, accounts or records
- Commercial and marketing information, plans or strategies or market research data
- Electronic or technical information, data, designs or specifications
- Information concerning internal procedures and processes
- Know-how and industrial or trade secrets
- Projections or forecasts
- “End User” shall mean any person who makes use of a web browser to access and view web pages.
- “Link” (and all derivatives) shall mean a hyperlink, in whatever form, which can be clicked on by an End User to direct that End User to the Principal’s Website as set out above (“the Website”).
- It is understood that you will introduce Carve Fin Art to your current and prospective followers and will comply with all laws, including those that govern affiliate marketing, email marketing and anti-spam laws.
- Carve Fin Art reserves the right to accept or reject any prospective customers and will pay you a commission per customer referred using your affiliate link or code, according to the payment terms detailed in this agreement.
The Affiliate is allowed to place their affiliate links, that forward people directly to the Carve Fin Art website, on their website, social media channels or within emails.
This Affiliate Programme may be amended or terminated at any time.
The Affiliate must do whatever is necessary to stay informed of any amendments to this Affiliate Programme, in particular if Carve Fin Art has terminated its Affiliate Programme or changed the conditions for remuneration to Affiliates. I will try my best to email you to make you aware of any changes as they happen, so that you are always kept in the loop, but you are also responsible for keeping up to date with these details too.
The Affiliate must comply with the requirements of this Affiliate Agreement.
TERMS OF THE AGREEMENT
- The term of this Agreement will begin upon our acceptance of Your Affiliate Program application.
- You are only eligible to earn Commission Fees on Qualified Purchases occurring during the term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Products and Services are not cancelled and comply with all Terms laid out in this Agreement.
- We may withhold Your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Carve Fin Art in its sole discretion.
- Any Affiliate who violates either this Agreement or Carve Fin Art’s Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Carve Affiliate Program.
- Without limitation, Affiliate’s participation in the Programme, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate’s violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
CARVE FIN ART’S RIGHTS AND OBLIGATIONS
- We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Carve Fin Art Affiliate Program.
- Carve Fin Art reserves the right to terminate this Agreement and your participation in the Merchant.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the Merchant.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Merchant.com shall not be liable to you for any commissions for such fraudulent sales.
- This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
ENROLMENT IN THE AFFILIATE PROGRAM
- To begin the enrolment process, you will complete the Affiliate Registration Form on the Carve Fin Art website.
- We will evaluate your application and notify you of your acceptance or rejection.
- We may reject your application for any reason at our sole discretion.
- If we reject your application, you are welcome to reapply to the Programme at any time.
- If we accept your application, we reserve the right to terminate your participation in the Programme for any reason in our sole discretion immediately without prior notice.
We may cancel your application if we determine that your site is unsuitable for our Programme, including if it:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Includes “Carve Fin Art” or variations or misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
- Contains software downloads that potentially enable diversions of commission from other affiliates in our programme.
- You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are carvefinart.com or any other affiliated business.
ACCESS TO THE AFFILIATE AREA INTERFACE
You will create a password during registration, so that you may enter Carve Fin Art’s affiliate account interface. From there you will be able to see your reports that will describe the details of clicks and referrals, as well as calculation of the commissions due to you.
You will be able to view your affiliate details, generate HTML code (that provides for links to web pages within the carvefinart.com web site) and banner creatives and browse coupons. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
Carve Fin Art reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be text, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
- You will receive a Commission for sending Carve Fin Art authorised sales via your affiliate links or codes, which can be found within your Affiliate Area.
- In order to place links, you must first be approved by Carve Fin Art to become an Affiliate.
- You understand that the payout amount may be changed at any time.
- You are responsible for determining if the commission for a link you have placed on your site has changed or been discontinued.
THE LINK AND REFERRAL OF END USERS
– Displaying the link on the Affiliate’s website or elsewhere on the internet
– Sending the link to an End User by embedding it in an email message
– Sending the link to an End User by embedding it in an electronic document
- Carve Fin Art will provide the Affiliate with the code necessary to create a link to the Carve Fin Art website, and to track visitors who arrive at the website via the link. Carve Fin Art grants the Affiliate an unlimited license to use the link during the term of this Agreement and in accordance with its provisions.
- The Affiliate will not change the code provided by Carve Fin Art in any way except with the prior consent from Carve Fin Art.
- Carve Fin Art may from time to time change the way in which visitors to its website are tracked and may change the manner in which the Affiliate links to the website and will notify the Affiliate of this.
- Carve Fin Art reserves the right to direct the Affiliate as to how links may and may not be used. Specifically (but not exhaustively), links may not be published in any of the following ways:
– On any website which contains pornographic, indecent, racist or illegal content.
– On any webpage which is written in a language other than English (without prior permission from Carve Fin Art).
– In any email message which could be considered spam. This means any email which is sent to an email address without the Affiliate having permission from the owner of the email address to use that address for marketing purposes.
– In chatrooms, message boards or guestbooks.
– In any way which is misleading to the End User.
You are free to promote your own web sites, but naturally any promotion that mentions Carve Fin Art or carvefinart.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to the Carve Fin Art brand and name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once.
In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.
You may use mailings to customers to promote Carve Fin Art, so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings.
Also, you may post to newsgroups to promote Carve Fin Art, so long as the news group specifically welcomes commercial messages.
At all times, you must clearly represent yourself and your web sites as independent from Carve Fin Art. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Carve Fin Art Affiliate Programme.
Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Affiliates that, among other keywords or exclusively, bid in their Pay-Per-Click campaigns on keywords such as carvefinart.com, Carve Fin Art, www.carvefinart, www.carvefinart.com, http://carvefinart.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Carve Fin Art’s Affiliate Programme.
We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behaviour.
Affiliates shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Carve Fin Art’s website (i.e., no page from our site or any carvefinart.com’s content or branding is visible on the end-user’s screen).
As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that
- through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;
- intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines);
- set commission tracking cookies through loading of Carve Fin Art website in IFrames, hidden links and automatic pop ups that open Carve Fin Art’s site;
- targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing;
- removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
AFFILIATE”S DATA PROTECTION OBLIGATIONS
The Affiliate undertakes and covenants that at all times he will comply with the requirements of the Data Protection Act 1998 in respect of recording End User’s details or obtaining or making use of email addresses.
- All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
- Carve Fin Art will maintain and protect the confidentiality of your information to the greatest extent possible and will only share your information if/when required to do so by law.
- The Affiliate and Carve Fin Art each undertake and covenant that at no time, whether during the term of this agreement or thereafter, shall disclose or permit to be disclosed to a third person any Confidential Information which is received from the other Party to this Agreement save as that Party may expressly authorise in writing or as is compelled by any court or administrative body of competent jurisdiction.
GRANT OF LICENSES
We grant to you a non-exclusive, non-transferable, revocable right to;
- access our site through HTML links solely in accordance with the terms of this Agreement and;
- solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorise for such purpose.
You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Carve Fin Art’s Affiliate Programme. You agree that all uses of the Licensed Materials will be on behalf of Carve Fin Art and the good will associated therewith will inure to the sole benefit of Carve Fin Art.
Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
CARVE FIN ART MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING CARVE FIN ART’S SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF CARVE FIN ART’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
AVAILABILITY AND SECURITY OF THE WEBSITE
Whilst the Carve Fin Art shall make every reasonable endeavour to ensure the availability and security of the website, we make no guarantee or warranty of any kind, whether express or implied, as regard to any of the following:
- The uninterrupted or stable availability or accessibility of the Carve Fin Art website or any of its content.
- The suitability or compatibility of the Carve Fin Art website or any of its content with any computer system, software or information storage or retrieval system.
- The security of the Carve Fin Art website or its content, or of any information which you submit to the website.
- The absence of viruses or malicious software or machine-readable code anywhere on the Carve Fin Art website or in its content.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL CARVE FIN ARTS’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
- The Affiliate shall indemnify Carve Fin Art against any loss or damage which results from the Affiliate’s breach of this agreement or failure to abide by any of its terms.
- You hereby agree to indemnify and hold harmless Us and Our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal 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 right of any third party.
- Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein.
- Any claim related to your site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.
- We may modify any of the terms and conditions in this Agreement at any time at our sole discretion.
- In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and the Carve Fin Art Affiliate Program rules.
- If any modification is unacceptable to you, your only option is to end this Agreement.
- Your continued participation in the Carve Fin Art Affiliate Programme following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
- The laws of the United Kingdom will govern this Agreement, without reference to rules governing choice of laws.
- You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.
- Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
- Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
TERMINATION OF AGREEMENT
- Either you or Carve Fin Art may terminate the Affiliate relationship at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of posted mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
- You are only eligible to earn Affiliate payments during your time as an approved Affiliate.
- Carve Fin Art may change the program or service policies and operating procedures at any time.
Neither Party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery, or shortage of raw materials or supplies.
WHOLE AGREEMENT, GOVERNING LAW SEVERABILITY AND MISCELLANEOUS
- This document constitutes the entirety of the Agreement between the Parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and agreed by both Parties.
- This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
- All clauses, sub-clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this Agreement as a whole.
- All terms, conditions and covenants contained in this Agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
- Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (rights of Third Parties) Act 1999.
- Neither Party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other Party.
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 in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Carve Fin Art. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
- Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
- This Agreement shall be governed by and interpreted in accordance with the laws of the United Kingdom without regard to the conflicts of laws and principles thereof.
- You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
- This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
- The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
- If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.