Tattle Ambassador Program - Terms and Conditions
By signing up for the Tattle Ambassador Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Tattle reserves the right to update and change the Terms of Service from time to time without notice. Continued use of the Program after any such changes shall constitute your consent to such changes.
We have the right to terminate an Ambassador’s Account for any reason we see fit at any time. Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation.
After receiving your application, we will review your information and get back to you within 5 business days. We reserve the right to reject any application.
GENERAL REQUIREMENTS FOR ACCEPTANCE
- You typically operate a website, business, or reside in the United States or Canada;
- You typically have an established website and/or social media following over 5,000 followers;
- You must be in compliance with our Terms of Service;
- You must have purchased at least one Tattle product in the past 12 months; and
- No coupon or offer sites.
Ambassadors are expected to:
- introduce potential customers to Tattle, which may include sharing their custom granted referral link / discount code with such potential customers;
- purchase at least one (1) Tattle multiple serving size product using the 30% off code;
- promote Tattle Products at least 2 times a month via social media or website, tag @tattlewellness in the picture and the caption; and
- iv) provide Tattle with 5 pictures of Ambassador using Tattle products within 1 month from acceptance.
Tattle is expected to:
- pay Ambassador five percent (5%) of the Net Purchase Amount received by Tattle from a Customer referred by Ambassador that purchase solely through the Tracking Service Provider referral links outlined in the subsequent section. For the purposes of this Program “Net” shall mean the aggregate amount of the Product Purchase Amount actually received by Tattle from Customer, less any applicable taxes or refunds to any such Customer in accordance with Tattle’s Returns and Exchange Policy.
- Payments to Ambassador shall be calculated forty-six (46) days from the date on which the referred Customer purchases a Tattle Product, with each payment to be made within 30 days of the end of the previous calendar period. If the referred
- Tattle reserves the right to change any aspect of Ambassador compensation, including but not limited to, commission rates, payment dates, and duration of payments, at any time for any reason.
Except as expressly set forth herein, each party shall be responsible for any and all costs and expenses incurred by such party in connection with its performance hereunder. Ambassador will be responsible for any sales, use, or other taxes, and payment processing fees that may arise in connection with Ambassador’s performance under this Agreement.
Available currency options and distribution thereof are managed entirely by Tracking Service Provider. No matter the currency in which a sale is made, all transactions will be recorded by the Tracking Service Provider using the Canadian retail price of the product (less any discounts, if applicable). The Tracking Service Provider will then convert all transaction totals to United States Dollars using their internally approved exchange rate provider and apply commissions to that amount. Tattle disclaims all liability in this area, including but not limited to, fluctuations in exchange rates.
Ambassador acknowledges and agrees that Tattle makes no representation or guarantee of any kind regarding revenue, business, profit, or Customers under this Agreement.
Tattle, Tattle Wellness, and Tattle Nutrition.
Subject to Ambassador’s compliance with all Terms of Service and acceptance into the Program, Tattle grants to Ambassador a revocable, non-transferable, worldwide, non-exclusive license during the Term to market, promote, display, and demonstrate the Trademark Terms solely for the purpose of promoting Tattle’s brand and products to customers and potential customers. Tattle grants no rights to Ambassadors to sublicense, resell, or otherwise distribute or provide the Trademark Terms or products to Customers or third parties or for subsequent sublicensing, resale, or other distribution to end users or other distributors. Tattle reserves all rights not expressly granted in this Agreement, and does not transfer any right, title, or interest to any Intellectual Property Rights.
TERMINATION & RETURN OF MATERIAL
Either Ambassador or Tattle can terminate this agreement at any time without cause. Upon termination Ambassador shall return or destroy any and all marketing assets provide by Tattle to support the Ambassador’s obligation set forth here within.
REVERSAL & COMMUNICATION POLICY
We reserve the right to reverse or adjust commissions due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. 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 following apply, then we reserve the absolute right to reverse orders or suspend you from the program.
- You are not forthcoming, intentionally vague or are found to be lying;
- You are not responsive within a reasonable time period; and
- You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
WEBSITE AND/OR SOCIAL MEDIA RESTRICTIONS
Your participating website(s) / social media accounts 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 defamatory, obscene, threatening, harassing, 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; and
- 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.
LINKING TO OUR WEBSITE
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 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;
- You may not use our trademarked terms in your ad title, ad copy, display name or as the display url;
- You may not direct 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; and
- 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 may not use a coupon or offer sites to promote our program.
- You may not submit your affiliate code to any coupon sites.
- Any transaction coming from a coupon or offer site will be reversed.
- You may ONLY advertise coupon/discount codes that are provided exclusively to you through the affiliate program.
Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. tattle.website.com or www.tattle-coupons.com
Use of any of our trademarked terms as part of your social handle is strictly prohibited i.e. facebook.com/Tattle-Discount
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; and
- E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Tattle.
Ambassador hereby agrees to indemnify, defend, and hold harmless Tattle and its officers, directors, shareholders, employees, vendors and consultants (collectively, “Tattle Indemnified Parties”) from any and all liability, loss, damages, costs, and fees (including, without limitation, attorneys’ fees) that may be incurred by Tattle Indemnified Parties as a result of any claim arising from or related to (i) Ambassador’s breach of any of its representations, warranties, or covenants set forth in this Terms of Service; (ii) Ambassador’s negligence or willful misconduct; or (iii) Ambassador’s violation of any third party Intellectual Property Right. Tattle may participate in the defense and any settlement discussions, and will have the right to approve any settlement agreement purporting to bind Tattle.
LIMITATION OF LIABILITY
NEITHER PARTY, NOR ITS RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, INSURERS, LICENSORS, AND SERVICE PROVIDERS, SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, CONTRACT, PRODUCTS LIABILITY, STRICT LIABILITY, WARRANTY, AND NEGLIGENCE, AND WHETHER OR NOT SUCH PERSON WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. COMPANY’S AGGREGATE LIABILITY TO AMBASSADOR UNDER THIS TERMS OF SERVICE SHALL BE LIMITED TO THE TOTAL AMOUNT OF AMBASSADOR COMMISSION OWED TO AMBASSADOR WITHIN THE LAST TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE CLAIM(S) GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO THE DEFENSE AND INDEMNIFICATION OBLIGATIONS CONTAINED IN THIS TERMS OF SERVICE.