Affiliate Program Publisher Agreement

PUBLISHER AGREEMENT

“You”, “Your” refers to each and every Publisher or sub-Publisher of the Shoptictoc.com publisher program. Participation in the program constitutes full and complete acceptance of the terms and conditions set forth herein. Your Agreement to the terms set forth herein is manifested by any participation in the Shoptictoc.com Publisher program including the submission of the Publisher application form and the collection of any commission under this Agreement. This Agreement may be modified, amended, altered or otherwise changed by Shoptictoc.com without notice to any other party other than changing the Agreement itself made available by Shoptictoc.com to the Publishers on the Shoptictoc.com website.

Shoptictoc.com Responsibilities

  • Coded URL. Upon your acceptance, Shoptictoc.com will provide you with a URL coded to specifically identify you and which will allow you to create a link to the Shoptictoc.com dashboard. You may post this link in any location, as many times as you like, subject to the Terms and Conditions herein.
  • Tracking. Shoptictoc.com agrees to track the customers referred to Shoptictoc.com via the link provided to you for that purpose. Shoptictoc.com will pay you a commission for each such referral made in compliance with this Agreement pursuant to the commission schedule and the terms set forth in this Publisher Agreement.

Publisher Responsibilities

  • Minimum Age. You agree that you are 18 years of age or older on the date that you first accept the terms hereof. You agree that you are in a jurisdiction where participation in the Shoptictoc.com Publisher program does not violate any law, ordinance, regulation or standard.
  • Operative Link. You agree to take full responsibility for ensuring the proper and continuing operation of your coded URL. You agree that you will notify Shoptictoc.com if your coded URL ceases to function or ceases to function properly.
  • Representations. You agree that you will not make any representations, promises, warranties or other statements about Shoptictoc.com or the Shoptictoc.com website, products or policies other than as may be expressly approved in writing by Shoptictoc.com or as otherwise provided to you by Shoptictoc.com for that purpose.
  • Link. You may use the coded URL provided by Shoptictoc.com via the available Shoptictoc.com dashboard or in any other form you wish provided that your use of the URL is not in any way disparaging of Shoptictoc.com or otherwise not appropriate or acceptable in Shoptictoc.com’s sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of Shoptictoc.com or any other party. You may not violate the Shoptictoc.com General Terms of Service including the present Publisher Agreement.
  • Amendments. You agree that this Agreement may be amended by Shoptictoc.com at any time without notice to you. You agree to keep advised of any changes to this Agreement by checking the Shoptictoc.com website on a periodic basis.
  • Customers of Shoptictoc.com. Shoptictoc.com will have the sole right and responsibility to service all customers secured through your coded URL. All dealings with customers shall be directly and solely between customer and Shoptictoc.com. Shoptictoc.com shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to the Publisher.

Commissions

  • Commission. Commissions are paid on a one time basis for each new account generated via your coded URL subject to the terms and conditions set forth herein. There will be no obligation to pay any other commission. Commissions will be paid 30 days after the 15-day reporting period. Using the NET 30 Payment model. (For example, for every sale made between April 1 and April 15 you will be paid May 15 and so on). The commission amount or any other term of this Agreement may be changed by Shoptictoc.com at any time without notice to you. It is your obligation to check this Agreement document regularly to keep advised of any such changes.
  • Commission Structure: An amount of up to  20% for every sale that comes from an affiliate referral link within the program cookie duration period. Commission amounts depend on the category of product purchased,


Breakdown as follows:

  • All Watch Bands: 20%
  • Watches: 10%
  • Batteries: 5%

Note 1: Shipping charges and Taxes are not included referral calculations
Note 2: Referrals for cancelled or returned orders will be rejected and commission will be removed from payout amount. 

  • Qualified Commission. A “Qualified Commission” is one for which the new account which is the subject of the commission is deemed to be in compliance with the terms of the Accepted Use provisions set forth herein. Shoptictoc.com shall make all decisions as to whether any commission is a Qualified Commission and reserves the right to withhold commissions generated by Publishers that it deems to be in violation of the terms of the Accepted Use provisions set forth herein.
  • Accepted Use. You represent to Shoptictoc.com that you do not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and that your use is in any way defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish, as a Publisher of the Shoptictoc.com, on any website that contains content which could be reasonably considered as libelous, defamatory, obscene, abusive, and fraudulent or violates any law. You may not artificially inflate the number of customers sent via your tracking code to Shoptictoc.com using any device, program, robot, network or other means in order to increase commissions.

    You agree to keep Shoptictoc informed of all websites you wish to promote. By default all websites may be blocked from advertising unless they pass approval on specific terms and conditions. It is your responsibility to keep Shoptictoc up-to-date with all changes to your site(s). Only qualified websites will be considered for compensation.

    The referral bonus will be paid out previous to the detraction of the payment transfer fees applied by the payment method used for the transaction.

    Failure to comply with these terms will result in IMMEDIATE account termination as well as full revocation of all pending commissions. You shall not promote Shoptictoc.com through paid search including but not limited to Google AdWords, Yahoo Search, or Microsoft Ad Center.
  • Payment Date. Shoptictoc.com will pay you all qualified commissions based on the terms set forth above.
  • Payment Method. Commissions will be paid via the following payment method as selected by you: PayPal or Payoneer. Any changes to this preference may be made via your account profile found within Shoptictoc.com. Any Fees sustained by Shoptictoc for returned payments due to incorrect and/or incomplete information will be deducted from your commission.

    Any and all payment details must be unique to the affiliate and not match existing or former affiliates. No payment shall be made to an individual whose information does not match the affiliate’s profile.

    All payment information must be accurate at all times. Any return payments will be subject to a 25% fee of the returned amount (up to a maximum of $100).

Ownership and Licenses

  • Intellectual Property Ownership. Shoptictoc.com shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
  • License. Shoptictoc.com grants you, as a Publisher, a revocable, non-exclusive, worldwide License to use, reproduce and transmit the Shoptictoc.com logos, trademarks and service marks for the sole purpose of referring customers to Shoptictoc.com and to accomplish the purpose and intent of this Publisher Agreement. You may also generate your own creatives to accomplish the purpose and intent of this Publisher Agreement, though Shoptictoc.com is neither liable nor responsible for said creatives.
  • Cease Use Upon Demand. You agree to immediately cease the use of any mark upon request made by Shoptictoc.com to the email address provided by you and maintained on file for you by Shoptictoc.com. You agree to immediately cease the use of any link created by you to Shoptictoc.com upon request by Shoptictoc.com to the email address provided by you and maintained on file for you by Shoptictoc.com.

Termination

  • Notice. Either party may terminate this Agreement at any time without notice.
  • Effect on Commissions. With exception of Termination for Breach as defined herein, any Qualified Commission owing as of the date of termination will remain owing and shall be paid post termination. Any commission which is not a Qualified Commission as of the date of notice of termination shall not thereafter become a Qualified Commission.
  • Termination for Breach. The Breach of this Agreement, or any provision thereof, knowingly or otherwise, is grounds for immediate Suspension and/or termination thereof of this Agreement in its entirety and this, at the sole discretion of Shoptictoc.com.
  • Suspension. Suspension shall mean the withholding of all commission payments Qualified or otherwise until such Breach is cured. Should a Suspension not be lifted, for any reason whatsoever, including but not limited to the Publisher failing to cure a Breach within a reasonable timeframe determined at the sole discretion of Shoptictoc, Shoptictoc reserves the right to terminate the Agreement without notice and retroactively to the date that the Suspension occurred.
  • Survival. Upon termination of this Agreement all rights and licenses granted hereby are immediately revoked notwithstanding the sections relating to Customers of Shoptictoc.com. Termination and all General Provisions, which shall survive such termination and remain in full force and effect.

General

  • Authority. Each party represents to the other that it has full binding authority to enter into this Agreement and in the case of any entity other than an individual that the person assenting to the terms of this Agreement has the full binding authority of the entity purportedly bound.
  • No Infringement. You agree that in the course of any performance of this Agreement or otherwise with respect to any dealings between you and Shoptictoc.com that you will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
  • Violation of Law. That you will not violate any applicable law, ordinance, regulation or standard.
  • Terms of Service. You agree that in the course of any performance of this Agreement or otherwise with respect to any dealings between you and Shoptictoc.com that you agree to be bound by the Shoptictoc.com Privacy Policy and any other terms of service.
  • Unsolicited Communications. You agree that in the course of any performance under this Agreement or otherwise with respect to any dealings between you and Shoptictoc.com that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM), push notifications, text messages or other unsolicited communications in the context of the Shoptictoc.com Publisher program and that any transmissions sent to potential customers are done so in accordance with all applicable laws and regulations including but not limited to CASL, CAN-SPAM, TCPA, GDPR, PIPIDEA, CCPA, and the National Do Not Call List and its equivalents worldwide.
  • Warranty Disclaimer. You acknowledge and agree that any services or materials provided by Shoptictoc.com pursuant to this Agreement are provided as is, with all faults and as available, and that Shoptictoc.com makes no representations or warranties, express or implied, statutory or otherwise, and specifically disclaims, on its own behalf on and behalf of its suppliers, distributors and licensors, any warranties as to the usefulness, accuracy, reliability or effectiveness of any services or materials provided hereunder or that the services provided hereunder will be uninterrupted, error free or available through any particular method of distribution, or that any services or materials provided pursuant to this Agreement will work with every internet browser, or that defects have been or will be corrected, or that such services or materials will meet the needs of any party. Without limiting the foregoing, and except as otherwise provided herein, Shoptictoc.com disclaims all warranties of merchantability or fitness for a particular purpose and non- infringement. In no event will Shoptictoc.com be liable to you for any service failure, disruption, downtime or incorrect linkage under this Agreement.
  • Limitation of Liability. In no instance shall Shoptictoc.com be liable to you for lost profits or any consequential, special, incidental or indirect damages, however caused and on any theory of liability (including without limitation, negligence), arising out of or related to this Agreement whether or not Shoptictoc.com has been advised of the possibility of such damages. You acknowledge that commissions agreed upon in this publisher Agreement are based in part upon these limitations, and that these limitations will apply notwithstanding any failure of essential purpose of any remedy. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) Indemnification as follows or (iv) either party’s liability for death or personal injury or their own acts of fraud.
  • Indemnification. You agree to indemnify, defend and hold harmless Shoptictoc.com and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney’s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of materials, License violation, domain misuse, trademark misuse or any active or passive negligence.
  • Independent Contractors. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
  • Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
  • Integration. This Agreement constitutes the entire understanding of the parties and revokes and supersedes any and all prior Agreements and is intended to be a full and complete expression of the Agreement between the parties. This Agreement shall not be modified except in writing by the posting of a new Agreement by Shoptictoc.com on the Shoptictoc.com website.

Publisher Policies

In order to protect the integrity of our store online, Shoptictoc mandates all Publishers and marketers to adhere to the following policies.

Our policies are broken down into four categories, as follows:

  • Prohibited practices. These are things you cannot do if you want to promote our offers.
  • Prohibited content. This is content on your websites that we cannot allow.
  • Restricted content and features. These are limitations to the content you can use in your advertisements.
  • Editorial and technical requirements. These are quality standards for your websites and advertisement content.

Prohibited practices

Abusing of Shoptictoc affiliate Program

Shoptictoc prohibits websites which contain ads, content, or destinations that attempt to trick or circumvent our review processes.

Examples of abuse of the Shoptictoc affiliate program: promoting content that contains malware; “cloaking” or using other techniques to hide the true destination that users are directed to; cloning an advertiser’s landing page, site designs and or URLs; encouraging clicks on ads with text like “click the ads” or arrows pointing to the ads; using “robots” or otherwise harvesting other’s email addresses from Shoptictoc; using hidden URLs or link manipulation; “gaming” or manipulating settings in an attempt to circumvent our policy review systems; “phishing” or falsely purporting to be a reputable company in order to get users to part with valuable personal or financial information; using Shoptictoc systems to facilitate the transmission of unsolicited or unauthorized material including chain letters and pyramid schemes.

Data collection and use

We don’t allow websites which attempt to collect information about users for unclear purposes or without appropriate security measures.

Examples of user information that should be handled with care: full name; email address; mailing address; phone number; national identity, pension, social security, tax ID, health care, or driver’s license number; birth date or mother’s maiden name in addition to any of the above information; financial status; political affiliation; sexual orientation; race or ethnicity; religion.

Misrepresentation

We don’t allow websites or advertisements that attempt to deceive users by providing misleading information about the website or an advertiser’s products.

Examples of misrepresentation: making misleading or unrealistic claims regarding product content or features; promising the availability of files or specific content on an advertiser’s site; disguising ads or using layouts that make it hard for users to distinguish between the site’s content and advertiser’s ads; pretending to be the provider of the advertiser’s products; use of fake testimonials; using any deceptive, unfair or false advertising tactics, such as ‘trick-to-click’ strategies or making false claims that users have won a prize.

Prohibited content

Dangerous products or services

Shoptictoc prohibits websites which promote products or services that cause damage, harm, or injury.

Examples of dangerous content: Equipment to facilitate drug use; weapons, ammunition, explosive materials and fireworks; instructions for making explosives or other harmful products.

Enabling dishonest behavior

Shoptictoc prohibits websites which promote products or services that are designed to enable dishonest behavior.

Examples of products or services that enable dishonest behavior: Hacking software or instructions; services designed to artificially inflate ad or website traffic; fake documents; academic cheating services.

Inappropriate content

Shoptictoc prohibits websites which contain adult content, pornography, shocking content or promote hatred, intolerance, discrimination, or violence.

Examples of inappropriate or offensive content: bullying or intimidation of an individual or group, defamation, racial discrimination, hate group paraphernalia, graphic crime scene or accident images, cruelty to animals, murder, self-harm, extortion or blackmail, sale or trade of endangered species, ads using profane language.

Restricted content and features

Copyrights

We abide by local copyright laws and protect the rights of copyright holders, so we don’t allow websites or ads that are using copyrighted content without authorization. Publishers are responsible for adopting a DMCA-compliant, Electronic Commerce (EC Directive) Regulations 2002 or other relevant equivalent system, including a written policy for the handling of takedown notices.

Trademark infringement

We prohibit websites which use any third party’s trademarks, branding or intellectual property without authorization. This includes promoting the sale of counterfeit goods or services, containing a trademark or logo that is identical to or substantially indistinguishable from the trademark of another.

As a publisher, you are responsible for ensuring that you comply with all applicable laws and regulations, in addition to Shoptictoc’s policies, for all of the locations where your websites are showing.

Editorial & technical requirements

We want to maintain a high standard of quality and professionalism for the Publishers that we choose to work with, so we’ve developed editorial and technical requirements to help keep your websites and ads relevant, transparent and legally compliant.

Editorial

In order to provide a quality user experience, Shoptictoc requires that all websites meet high professional and editorial standards. We only allow sites that are clear, professional in appearance, and that lead users to content that is relevant, useful, and easy to interact with.

A reason to exist

All websites must have a home page and a “reason to exist”, and there must be a homepage with subpages. All subpages must be accessible from the homepage. Isolated landing pages are prohibited.

Fully functional

All websites must be fully functional, no “under construction” pages and all pages must load under 8 seconds.

Contact page

All websites must contain an appropriate Contact Page containing contact information and a contact form for customer queries and/or complaints, with corresponding response times. The Contact Page must be accessible from every subpage.

Accurate user information

All user information provided by the publisher, including domain and payment information, must be accurate, true, and up-to-date.

GENERAL RULES FOR Websites and Affiliates offering Promotions

  1. Full contact details of the company or Affiliate must be available on the Affiliate’s website and on all their pages or a prominent customer support link leading to the contact information.
    1. Company Name
    2. Email Address or Contact form, either Web or Chatbot
    3. Telephone Number or functioning VOIP
    4. Address
  1. The Affiliate’s customer support should reply to all queries within 48 hours.
  2. Competition Rules must be readily accessible on the pages offering the promotions as well as any homepage if it exists in addition to. Their rules must state:
    1. The subject matter of their competition (what is being given away)
    2. Price for entry / if free
    3. Competition start and end dates – the end dates should not be extended unless absolutely necessary and confirmation must be made that prior participants will not be disadvantaged
    4. Instructions for entry
    5. Terms and conditions should be translated into the language of the target country
    6. Clearly state if any geos are not eligible for entry
  1. Specify the number and nature of prizes where omitting that information would be likely to mislead e.g. two phones per fortnight.
  2. If email addresses are collected they should be used for the purposes of that specific competition only. If emails are collected the terms of their privacy policy and a link to their customer support to have personal data deleted must be present. Must be GDPR compliant.

This Agreement was last updated March 1st, 2021