Affiliate Terms

My Affiliate Program (the “Program”) is meant to encourage you to promote my artwork, to bring me to new audiences and to make sure that you are rewarded for your activity. It does not create any relationship between us apart from independent contractors; you are not my employee, nor do we have a partnership: if I approve your participation in this program, you are an independent contractor.
 
This means you should pay all applicable taxes, make sure that you have proper insurance, and not make any statement on my behalf. It also means that I will pay you the sums we agree upon specific dates and account threshold.
 
Please understand that my liability to you is limited, as stated in my terms of service, and that I’m non-exclusive; I can find other affiliates, and you can market other products.

Your efforts are valuable to me! By helping me reach out with my artwork to new customers, I give you commission of any sale - Cash or store credits.

My Exclusive 5-Star Photo Art will jazz up and bring life to any space at home or office.

Scope of the Relationship

In plain English: We’re independent contractors, you can’t share your account with others.
 
When joining the program, and upon my approval, you will be appointed as a non-exclusive affiliate, and you shall act to refer new potential customers to purchase my artwork. As my affiliate, you may not present yourself as a part of Erik Brede Photography, and may not create any obligation on behalf of Erik Brede Photography.
 
Your participation is personal, meaning that you cannot have sub-affiliates or share your affiliate fees with anyone else.
 
You shall promote my artwork  and site information with good and correct quality; if I find that your promotional material is problematic, offensive, illegal or otherwise objectionable, I may terminate your participation in the program.
 
You represent and warrant that you are able to participate in the program, that you will only act in a legal, bona fide manner and that you will not infringe on any intellectual property right or act in any deceptive practice when participating in it.

Promotional Materials and Intellectual Property

In plain English: Respect my intellectual property, I give you limited permission.

I reserve all my Intellectual Property Rights; and I provide my affiliates with a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use my trademark and brand name, and such license is limited only to the use in promoting my artwork.

This means that you cannot use my Intellectual Property Rights with another brand name or as a bundled project. It also means that you cannot allow others to use the content I licensed to you.

You may only use my artwork in the promoting, and all promotional materials must include a link to my website using your unique affiliate link.

Termination

In plain English: I may stop this relationship at any time.

I reserve the right to terminate your affiliation with Erik Brede Photography (i.e., your membership in the Program), at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect, at Erik Brede Photography’s sole discretion. When I terminate our relationship, you must cease using all of my Intellectual Property Rights.

Upon termination due to breach (save for termination due to inactivity), I shall retain all funds in your account.

Termination for Inactivity

In plain English: If your account is inactive for an extended period, I will terminate your account and only pay the outstanding balance if it is over $50.00.

In case I believe that your account is inactive, meaning it did not earn any commission or receive any visits using your referral link, then I may decide to close down your account. In such case, your pending balance, if not exceeding the payment threshold, will not be paid. I will not use this right without providing you notice of at least 14 days, allowing you the time to market and promote your referral links and restore your “active” status.

Commission

In plain English: I pay according to a specific cookie measurement; I can only pay for these people.

Each affiliate will be provided with an affiliate commission that I will notify in writing. I may change this commission at any time based on my own discretion. Such changes will not be retroactive.

I pay my commission for qualified leads; a qualified lead is a customer, who made a purchase of any of my artwork using your personal referral link the first time. After using your link once, they will always be connected to your affiliate profile giving you a lifetime commission on every purchase they do.

The commission is calculated from the total payment minus shipping cost and discounts.

Commission Rate

Each time you refer a new customer to me and that customer makes a purchase, you earn a commission of the sale based. After first time purchase the customer will always be connected to your affiliate profile giving you a commission on all purchase they do. Your friend will get a discount off their first purchase if they use the discount code “welcome15” (only valid on first purchase).

When they’ve happily received their artwork, I give you your share based on the following rate:

Lifetime commission of 10%

Payment

In plain English: I will pay you according to my specific program.

Your commission is calculated only upon payment to you. Until then, the expected payment is not an obligation from me to you, but an estimation of future revenues.

I pay my affiliates about 50 days after a purchase is made if their commissions reach the threshold stated in the agreement. The payment shall be made via PayPal, Bank transfer or store credits.

Until the payment is made, the sums specified on your account are not considered debt, and shall not be paid until you reach that threshold.

The 50 days rule is to secure that the customer has received the artwork and are not using any return rights. If I provide a qualified lead with a refund, then the commission will not be paid.

You shall bear all taxes and expenses relating to the payment, including any fees and transaction cost which may be incurred by your bank or PayPal.

Each party shall bear its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.

Bad Practices

In plain English: I will kick you out if you are a bad actor.

Without limiting my Trademark Guidelines, I consider the following as “bad practices” which are prohibited and will cause automatic termination of your participation in this program, as well as forfeiture of all sums you are entitled to.

Please note that if at any time I believe that you acted in bad faith or illegally, I may also cancel your participation and withhold all payments.

The following are considered bad practices: (i) using deceptive practices, encouraging users and contacts to click the URL or use of any automated means to create traffic; (ii) presenting yourself as a part of Erik Brede Photography; (iii) using the Erik Brede Photography brand in violation of the Trademark Guidelines or presenting unpermitted banners; (iv) using domain names that imply any link to the Erik Brede Photography brand; (v) spamming; (vi) buying traffic; (vii) using paid search or keyword advertising using my Intellectual Property Rights or brand name to drive traffic to your site or to the banners; (viii) making any changes to the Elementor plugin or including the tags, pixels and codes in items not related to Erik Brede Photography; (ix) offering coupons or discounts without my consent; (x) offering others a part of your commission.

All websites which you use to promote Erik Brede Photography must have a prominent privacy policy, which is acceptable under the relevant privacy protection laws.

This list is non-exhaustive, and I may add any practice that I believe is bad. Bad Practices also include any illegal or unauthorized advertising, infringing intellectual property rights, invading users’ privacy, or otherwise using any advertising in violation of local laws and regulations.  

Confidentiality

In plain English: Don’t tell others how much you earned from the program.

Our relationship is confidential; meaning that your commission is confidential, the fact that I paid you is not. You should add a decent disclosure if required by law that you receive a commission for every purchase made from your link, but you should not tell others what is your specific commission.

Last updated: January 15 – 2020

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