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
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!
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.
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.
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.
Your participating website(s) may not:
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:
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.
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
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.
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
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.
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).
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:
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.