Updated 28/6/2015

Foreword

Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company's good name. So please bear with us as we take you through this legal formality.

If you have any questions, please don't hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at ben (at) purgotea.com

 

Purgo Tea Inc. Affiliate Terms & Conditions

Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions. Thank you!

DEFINITIONS

As used in the below Terms: (i) "We", "us" and "our" refers to Purgo Tea or Purgo Tea Inc., and our respective brand which includes but is not limited to Purgo Tea and Purgo (ii) "you" or "your" refers to the Affiliate; (iii) "our website" refers to the Purgo Tea Inc. brand website which includes www.purgotea.com and www.purgotea.ca; (iv) "your website" refers to any websites that you will link to our website; (v) "Program" refers to the Purgo Tea Inc. Affiliate Program.


RELATIONSHIP OF PARTIES

This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Purgo Tea Inc. and you. You shall provide services for Purgo Tea Inc. as an independent contractor. You shall have no authority to bind Purgo Tea Inc. into and agreement, nor shall you be considered to be an agent of Purgo Tea Inc. in any respect. You must first be approved by Purgo Tea Inc. to become a member of Purgo Tea Inc.'s program.


ENROLLMENT

After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up 48 hours for your application to be reviewed. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision. We use Refersion (www.refersion.com) to track and manage our affiliates. Upon acceptance, successful applicants will be able to log-in to our affiliate dashboard on the Refersion platform.


WEBSITE RESTRICTIONS

Your participating website(s) may not:

  1. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
  2. Violate any law, rule or regulation.
  3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
  4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
  5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.


LINKING TO OUR WEBSITE

Upon acceptance into the Program, links will be made available to you through the Refersion affiliate interface. Your acceptance in our program means you agree to and abide by the following:

  1. You will only use linking code obtained from the Refersion affiliate interface without manipulation.
  2. All domains that use your affiliate link must be listed in your affiliate profile.
  3. Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
  4. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
  5. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.

If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using "out" redirects from the same domain where the affiliate link is placed.


PPC GUIDELINES

If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:

  1. You may not bid on any of our brand terms (examples of which are identified below) for current or future brands, including any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo or any other network.
  2. You may not use "Purgo" or any similar wording in sequence with any other keyword (i.e. Purgo detox tea or Purgo teatox).
  3. You may not use "Purgo" in your ad title, ad copy, display name or as the display url.
  4. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliates must be directed to an actual page on your website.
  5. You may not bid in any manner appearing higher than Purgo Tea Inc.'s ads for any search term in position 1-5 in any auction style pay-per-click advertising program

If you automate your PPC campaigns, it is your responsibility to exclude "Purgo" from your program and we strongly suggest you add it as a negative keyword. We have a strict no tolerance policy on PPC brand bidding.You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC brand bidding that uses the Purgo brand.

Example Branded Terms:
Purgo, Purgo Tea, Purgo Teatox, Purgo Detox Tea, Purgo Cleanse.


COUPON GUIDELINES

If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:

  1. You may ONLY advertise coupon codes that are provided to you through the affiliate program or network or that are displayed on our website(s).
  2. Posting any information about how to work around the requirements of a coupon/promotion will result in removal from the program.
  3. Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
  4. You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
  5. You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
  6. You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all items on the site have a 10% sale, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
  7. On click through, you must link directly to our website. Framing of our website is strictly prohibited.
  8. Cookie Stuffing/Forced Clicks: You must not mislead customers into clicking on an offer or coupon that does not exist or practice similarly deceptive tactics that are generally known as "cookie stuffing or forced clicks." These include, but are not limited to:
    1. Using knowingly expired offers or presenting offers that do not exist or are not affiliate offers
    2. Making claims that a user must click on a link first to activate or receive an offer.
    3. Presenting a button that claims to show all offers that sets the affiliate cookie in the background
    4. Technology that generates a click or sets the cookie from the action of copying a coupon code or though a pop under.


COUPON ATTRIBUTION & AUTHENTICATION

Affiliates whose primary business is posting coupons, who are viewed by the program as being a coupon site and/or who are tagged as coupon in our system, will not be paid commission for any sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or the Refersion platform, to that affiliate directly/privately or short term site-wide offers. Coupon codes that are not real, expired, not specific (ie up to 40% off) or are long term sitewide offers that do not require a code are not considered valid codes and the affiliate will not be given commission on these orders.


DOMAIN NAMES

Use of any of our brand terms as part of the domain or sub-domain for your website is strictly prohibited (i.e. purgotea.website.com or www.purgotea-coupons.com).


ADVERTISING & PUBLICITY

Purgo Tea Inc. shall make available to you certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on your advertising channels. You may not alter these promotional materials unless you have prior written consent from Purgo Tea Inc. Purgo Tea Inc. maintains ownership of these materials at all times.

You shall not create, publish, distribute, or print any written material that makes reference to Purgo Tea Inc. without first submitting that material to us and receiving our prior written consent. If you intend to promote us via e-mail campaigns, you must adhere to the following:

  1. Abide by the rules set out by the Canadian Anti-Spam Legislation (Canada) and the CAN-SPAM Act of 2003 (Public Law No. 108-187) (USA) for email marketing with respect to our products.
  2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Shutterly Inc.
  3. E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.


SOCIAL MEDIA

Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:

  1. You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, "25% off sale at Purgo Tea through Wednesday with code "PurgoTea25."
  2. You ARE PROHIBITED from posting your affiliate links on Purgo Tea Inc.'s Facebook, Twitter, etc. company pages in an attempt to turn those links into affiliate sales.
  3. You ARE PROHIBITED from running social media ads using the the brand "Purgo". 


OPERATIONS OUTSIDE CANADA

If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.


FTC DISCLOSURE REQUIREMENTS

Although the FTC does not technically rule in Canada, you shall still include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure. We reserve the right to audit affiliate sites without notice for disclosure compliance and to remove an affiliate from the Program if we determine you are not in compliance.

  1. Disclosures must be made as close as possible to the claims, and may not appear solely in a "Terms of Use", "Legal", "About Us" or other linked paged.
  2. Disclosures must be made at each instance of a sponsored link. A single statement on the site, or a separate page with your general disclosure statement is not sufficient.
  3. Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. disclosure should be visible before the jump).
  4. Pop-up, hover state and button disclosures are prohibited.
  5. Disclosure policy applies to all social media, even when space is restricted (e.g., tweets)

For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising at ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf and further explained at business.ftc.gov/advertising-and-marketing/endorsements


COMMISSIONS

a. In exchange for your display of our promotional materials, and for your compliance with and performance of the terms and conditions of this Agreement, Purgo Tea Inc. shall pay you a commission (the "Commission") in the amount of a percentage of the final sale amount of a product, less $2. Taxes and/or additional shipping charges will not be included in the commission calculation. The $2 subtraction is to cover a portion of Purgo Tea's shipping costs and is deducted to save paying commission on shipping costs.

The base commission percentage is 25% but may be higher based on performance and your ability to generate traffic. This percentage is subject to change by Purgo Tea Inc at any time. For example, high performing Affiliates may be rewarded with a higher percentage rate or Purgo Tea Inc. and Affiliate may negotiate a different percentage. Notification to Affiliate of any change in commission percentage will be given by Purgo Tea Inc. at the email address provided by the Affiliate.

b. Purgo Tea Inc. shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to you. You shall be given reasonable access to these records upon request, and is available through the affiliate login at www.refersion.com. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to you in any period or periods shall be rectified by Purgo Tea Inc. within 14 days of discovering such discrepancy. 

c. Commissions are held for a period of 2 months from any purchase to protect Purgo Tea Inc. in the event of any charge-back that may occur. Purgo Tea Inc. shall pay all Commissions accrued and payable to you within 7 days of the first day of each month (the "Commission Payment Date"). If on any Commission Payment Date, the amount of total Commissions accrued and payable to you is less than $10.00 CAD, then such accrued and payable balance shall be held over to the following month, and paid together with the Commissions due that month. If at any time, the balance of accrued and payable Commission is held over for 2 consecutive months, then Purgo Tea Inc. shall pay all accrued and payable Commissions to you in the third month, regardless of the total amount owed. Payment is made via your Paypal account. 

d. In the event that you materially breache this Agreement and Purgo Tea Inc. terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to you shall be forfeited, and Purgo Tea Inc. shall not be obligated to pay such Commissions to you. 

 

COMMUNICATION POLICY

If we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

  1. You are not forthcoming, intentionally vague or are found to be lying.
  2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
  3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.

 

INDEMNIFICATION

You shall indemnify Purgo Tea Inc. and hold harmless Purgo Tea Inc. from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of your warranties set forth in Section 7 above. You shall also indemnify and hold harmless Purgo Tea Inc. for any damage, loss or other cost arising out of the use or misuse by you of the Promotional Materials.

 

CONFIDENTIALITY

Any information that you iare exposed to by virtue of its relationship with Purgo Tea Inc. under this agreement, which information is not available to the general public, shall be considered to be "Confidential Company Information". You may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from Purgo Tea Inc.

 

TERMS

Either party shall have the right to terminate this Agreement at any time and for any cause. The terminating party must give written notice via provided email addresses to the other party at least 14 days prior to the intended date of termination. 

 

TAXES

Purgo Tea Inc. shall not be responsible for any taxes owed by you arising out of your relationship with Purgo Tea Inc. as set forth in this Agreement. Purgo Tea Inc. shall not withhold any taxes form the Commissions paid to you.

 

LIMITATION OF LIABILITY

Purgo Tea Inc. shall not be liable for any loss of profit or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Purgo Tea Inc. was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of services, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement. 

 

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Purgo Tea Inc. and you, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.