Marketing Affiliate Program Agreement
Last Modified: October 18, 2022
PLEASE READ THIS MARKETING AFFILIATE PROGRAM AGREEMENT CAREFULLY.
This is a contract between you (the “Affiliate”) and us (“Ekodome”). It describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible.
The Marketing Affiliate Program Agreement applies to your participation in our Marketing Affiliate Program (the “Affiliate Program”). These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.
We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms we or the Affiliate Dashboard will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.
“Affiliate” – The business, individual, or entity applying to or participating in the Affiliate Program, or that displays Ekodome’s products and services and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from Ekodome for sales directly resulting from such display.
“Affiliate Site” – The Affiliate’s website/social media profile which displays Ekodome’s Products and Services and/or promotions.
“Marketing Affiliate Program” – our marketing affiliate program as described in this Agreement.
“Commission” – The amount described in the Affiliate dashboard for each Qualified Purchase by a Referred Customer.
“Qualified Purchase” – A concluded sale with an authorized and completed payment.
“Referred Customer” – Each new and unique customer referred from Affiliate through a Link that provides valid account and billing information.
“Affiliate Link” – Unique tracking link you place on your site or promote through other channels.
“Affiliate Dashboard” – The landing page that we make available to you upon your acceptance into the Affiliate Program and for you to use in order to participate in the Affiliate Program. (https://ekodome.com/store/my-account/afwc-dashboard/resources/)
“Agreement” – this Marketing Affiliate Program Agreement and all materials referred or linked to in here.
“Customer Data” – All information that Customer submits via the Ekodome.com website for communication, billing, shipping and payment authorization, regardless of being on public display.
“Ekodome Content” – All information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into our products and services.
“Ekodome Products” – All Products that are being advertised and sold on Ekodome.com website.
“We”, “us”, “our”, and “Ekodome” – Excolere LLC dba Ekodome.
“You” and “Affiliate” – The party, other than Ekodome, entering into this Agreement and participating in the Affiliate Program.
This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar products and services of third parties.
Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not. Before we accept an application, we may want to review your application with you, so we may reach out to you for more information. We may require that you complete certain requirements before we accept your application. If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected.
If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below. Failure to comply with any of these terms and conditions will result in the immediate termination of this Agreement and you will no longer be able to participate in the Affiliate Program.
Your acceptance and participation in the Affiliate Program does not mean that you will be accepted into any of our Ekodome Distributor/Reseller Programs. In order to participate in these programs, you will need to apply in accordance with the relevant application procedure.
Linking To Our Website
Upon acceptance into the Program, links will be made available to you through the affiliate dashboard. Your acceptance in our program means you agree to and abide by the following:
- You will only use linking code obtained from the affiliate dashboard without manipulation.
- All domains that use your affiliate link must be listed in your affiliate dashboard.
- 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.
- 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).
- 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.
Ekodome will process orders placed by Referred Customers who follow the Links from an Affiliate Site to Ekodome. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including cancellation, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through the Affiliate Dashboard. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your website/social profile and our website are properly formatted.
Commission Determination; Qualified Purchases
Commissions will be calculated based on the commission rates stated on the Affiliate dashboard for each Qualified Purchase (as defined herein). A “Qualified Purchase” does NOT include the following:
- A purchase by a Referred Customer who is associated with any Ekodome reseller, distributor, or other program.
- A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund.
- A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through an Affiliate Link.
- A purchase by a Referred Customer that is in violation of Ekodome’s Terms of Sale, or other applicable policies at the time the Commission Fees accrue.
- A purchase that Ekodome suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement.
Ekodome reserves the right to withhold payment of initial Commissions Fees to Affiliates who are new to the Affiliate Program, or who have commissions that are potentially fraudulent as determined by Ekodome in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
Ekodome reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. Ekodome reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and canceled purchases. If no subsequent Commission Fee is due and owing, Ekodome will send the Affiliate a bill for the balance of such refunded purchase upon termination of the program or termination of the Referred Customer.
Ekodome reserves the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a “Qualified Purchase.” Affiliates are responsible for monitoring the payment, denial, and withholding of Commission Fees; Ekodome is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about a Commission Fee that has been canceled or withheld, Affiliate has thirty (30) days from the day the payment would have been due to contact Ekodome to request that the Commission Fee be paid. Any changes to decisions about canceled or withheld Commission Fees are strictly made in Ekodome’s sole discretion.
Commissions for any Referred Customer who is associated with any Ekodome reseller, distributor or any other referral program may not be considered a Qualified Purchase. In other words, you may not receive double commissions or compensation.
Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud Ekodome or any violation of the terms of this Agreement constitutes immediate grounds for Ekodome to terminate the Affiliates participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
Subject to the terms of this Agreement as set forth above, commissions will be calculated according to the specified percentage or dollar amount set forth in the commission report in your Affiliate Dashboard for each Qualified Purchase that accrues during the period for which such commission fee is being calculated.
- Commission Fees will be processed approximately fifteen (15) to thirty (30) days after the end of the month or other period in which they accrue. Ekodome will only compensate you for Qualified Purchases made in accordance with this Agreement.
- Commission Fees shall be paid based on the current information in your Affiliate profile. You are required to notify us promptly of any change in your address by updating your profile information in the Affiliate Dashboard. You are responsible for informing Ekodome of your desired payment form/type. You can update or change your desired payment method at any time by updating your affiliate profile located in the affiliate dashboard. Any changes to your desired payment method may take up to two payout cycles to take effect.
- You may choose to receive Commission Fees through PayPal transfer. Please refer to PayPal’s policy to ensure you are eligible to receive payment if you reside outside of the United States
- Ekodome is not responsible for paying any third-party fees charged by PayPal in order for you to receive Affiliate Commission Fees.
- PayPal payments will only be reissued within one hundred and twenty (120) days of the original issue date in the case of an incorrect PayPal address or refusal from PayPal to accept a payment.
- Ekodome, in its sole discretion, reserves the right to modify the available commission payment methods or payment schedule at any time. Such changes shall take effect when posted.
- Disputes: Affiliate has access to Ekodome’s real-time Affiliate Program statistics and agrees to file any disputes within forty-five (45) days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by Ekodome and Affiliate forfeits forever any rights to a potential claim.
- It is solely your responsibility to provide Ekodome with accurate tax and payment information that is necessary to issue a Commission Fee to you. If Ekodome does not receive the necessary payment information within ninety (90) days of a Qualified Purchase which would otherwise trigger Commission Fees, the applicable commissions shall not accrue and no Commission Fees will be owed with respect to such Qualified Purchase. Each Affiliate residing in the U.S. is required to submit a W8/W9 tax form before any Commission Fees shall accrue. You are responsible for the payment of all taxes related to the commissions you receive under this Agreement. In compliance with U.S. tax laws, Ekodome will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold.
- Any address change must be made in the Affiliate profile in the affiliate console at least fifteen (15) business days prior to the end of the calendar month in order for Commission Fees for that month to be processed.
Your participating website(s) may not:
- Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
- Violate any law, rule or regulation.
- Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
- 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.
- 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. This includes toolbars, browser plug-ins, extensions and add-ons.
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
- You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network.
- You may not use our trademarked terms in sequence with any other keyword (i.e. Ekodome Kits).
- You may not use our trademarked terms in your ad title, ad copy, display name or as the display url.
- You may not directly link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website.
- You may not bid in any manner appearing higher than Ekodome 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 our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark 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 trademark bidding that uses our trademarked terms.
Trademarked Terms: Ekodome, Ekodome.com, Build Better Spaces
Ekodome, from time to time, at its own discretion, offers coupon codes or promotions through the sign-up and purchase flow. If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
- You may NOT promote Ekodome by requiring a click to reveal an offer. You may NOT create a falsified promotion or use copy that alludes to a promotion in order to entice a consumer to click. You may ONLY use text and banner links provided through the affiliate dashboard.
- Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.
Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. www.ekodome.yoursite.com or www.ekodome-kits.com
Advertising & Publicity
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
- Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
- E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Ekodome.
- 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.
Promotion on Facebook, Twitter, Instagram and other social media platforms is permitted following these general guidelines:
- You ARE allowed to promote Ekodome to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages.
- You ARE PROHIBITED from posting your affiliate links on Ekodome’s Facebook, Instagram, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
- You ARE PROHIBITED from running Facebook paid ads with Ekodome’s trademarked company name.
- You ARE PROHIBITED from creating a social media account that includes Ekodome’s trademark in the page name and/or username.
Operation Outside United States
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
You must 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.
- For more information about FTC disclosure requirements, please review the FTC’s “Dot Com Disclosures” Guidelines and the FTC’s Endorsement Guidelines
- If you engage in so called “native advertising”, you further agree to comply with the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements and the related guidelines.
Term and Termination
Term. This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.
Termination Without Cause. Both you and we may terminate this Agreement on fifteen (15) days written notice to the other party.
Termination for Agreement Changes. If we update or replace the terms of this Agreement, you may terminate this Agreement on five (5) days written notice to us, provided that you send us written notice within ten (10) days after we send you notice of the change.
Termination for Cause. We may terminate this Agreement: (i) upon thirty (30) days’ notice to you of a material breach if such breach remains uncured at the expiration of such period, (ii) upon fifteen (15) days notice to you of non-payment of any amount due to us if such amount remains unpaid at the expiration of such period, (iii) immediately, if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, (iv) immediately, if you breach the terms applicable to your subscription with us (if you have one), including if you default on your payment obligations to us or our affiliate, or (v) immediately, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
Effects of Expiration/Termination. Expiration of this Agreement, and termination of this Agreement: (i) without cause by us,(ii) by you with cause, (iii) by you according to the ‘Termination for Agreement Changes’ section, shall not affect our obligation to pay you a Commission, so long as the related payment by the Customer Transaction is recognized by us within thirty (30) days after the date of such termination or expiration. We will not pay you fees on Customer Transactions recognized by us after thirty (30) days after the date of such termination or expiration set out above. Provided however, in the event of termination without cause by you, or for cause by us, our obligation to pay and your right to receive any Commission will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive Commission prior to the date of termination. Except as expressly set forth in this section, you are not eligible to receive a Commission payment after expiration or termination of this Agreement. Upon termination or expiration, you will discontinue all use of Affiliate Dashboard and Links that we make available to you for your participation in the Affiliate Program. Upon termination or expiration, an Affiliate Lead is not considered valid, and we may choose to maintain it in our database and engage with such a prospect.
Upon termination or expiration, you will immediately discontinue all use of our trademark and references to this Affiliate Program from your website(s) and other collateral. For the avoidance of doubt, termination or expiration of this Agreement shall not cause a Customer’s purchase to be canceled or voided.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of the Affiliate links and dashboard, or (e) our use of the Affiliate Marks. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
The Ekodome Logo, dome designs and all derivative works are protected by intellectual property laws. We retain all ownership rights in the Ekodome trademark and all Ekodome products. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the content shared with you, in whole or in part, by any means, except as expressly authorized in writing by us.
Confidential Information” shall include, but shall not be limited to, any and all information associated with a Party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, Merchant Data, Customer Data, product designs, sales, costs, price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary.
Each Party agrees to use the other Party’s Confidential Information solely as necessary for performing its obligations under this Agreement. Each Party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such Party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such Party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the Parties and the subject matter contained in this Agreement, provided that, if legally permitted, the receiving Party shall give the disclosing Party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving Party can prove: (a) was already in the public domain, or was already known by or in the possession of the receiving Party, at the time of disclosure of such information; (b) is independently developed by the receiving Party without use of or reference to the other Party’s Confidential Information, and without breaching any provisions of this Agreement; or (c) is thereafter rightly obtained by the receiving Party from a source other than the disclosing Party without breaching any provision of this Agreement.