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Affiliate TOS

Flingzoe Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the Flingzoe Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Flingzoe reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

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. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • You are responsible for maintaining the security of your account and password. Flingzoe cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Flingzoe. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral commission accrual, we will provide you with special link formats to be used in all links between your site and the Flingzoe. You must ensure that each of the links between your site and the Flingzoe properly utilizes such special link formats. Links to the Flingzoe placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral commission only with respect to sales on a Flingzoe product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment
  • Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
  • The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
  • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  • Ensuring that materials posted on your site are not libelous or otherwise illegal
  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Termination

Flingzoe, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Flingzoe service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods, or in any way that we deem to violate our Terms of Service. Flingzoe reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Referral commissions and payment

For a Product sale to be eligible to earn a referral commission, the customer must click through a Special Link from your site, email, or other communications to supoort@flingzoe.com and get in contact with us at Flingzoe. The referral commission will be paid out once per month via PayPal and Direct transfer.

We will only pay commissions on links that are automatically tracked and reported by our systems. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems although we will endeavor to ensure that Affiliates are properly credited for referral commission.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. If a customer requests a refund or files a chargeback or dispute against Flingzoe, you will not be entitled to a referral commission. We reserve the right, at our sole discretion, to determine the eligibility of commissions and to bar or block Affiliates at any time and without prior warning

Identifying yourself as a Flingzoe Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Flingzoe, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase services through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral commissions and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earnings are over £50, you’ll be paid each month.

General Terms

Currency: Financial transactions covered by this insertion order will be processed in the GBP currency. Currency exchanges will occur when you or your partner(s) have set a different default currency in account settings.

Change Notification Period:  The insertion order can be changed or cancelled with 1 day(s) notification to the media partner.

Reversal Policy: Reversal of performance advertising actions are decided by the Advertiser and governed by a max reversal percentage of 100%

Media Partner Tracking Pixel: The Advertiser does NOT allow media partner to fire their tracking pixel when the consumer action is completed.

Flingzoe terms & conditions

Flingzoe reserves the right to refuse affiliates with the following types of sites:

  • Under Construction
  • Overly pornographic
  • Sites that encourage violence, discrimination, terrorism, drug use, harassment, or other illegal activities
  • Use of spyware or phishing techniques or motivated by fraudulent and dishonest practices
  • A competitor or rival company

By joining the Flingzoe affiliate program, affiliates agree to promote Flingzoe in an honest, fair manner, using up-to-date information (as provided by Flingzoe through our regular affiliate communications) with the intention of giving visitors a positive experience.

Deduping Policy

Flingzoe may dedupe against other marketing channels (including PPC and email).

Social Content

In accordance with the ASA, if you wish to use affiliate links within your social channels and Instagram stories, you will need to use #ad as an identifier of content that has a commercial agreement attached to it.

Discounts, Offers, and Promotions

Affiliates may only promote voucher codes that have been notified to them by the Flingzoe affiliate manager or through Webgains. We may from time to time issue voucher codes exclusively for the use of individual affiliates. Affiliates may not promote an exclusive voucher code that has been issued to another affiliate. We will reverse any commissions attributed to the unauthorized usage of such voucher codes.

Any discounts, offers, and promotions should show available expiry dates to ensure customers clearly understand the duration of the promotion. Affiliates are not permitted to promote offers that are not explicitly issued as part of the Flingzoe affiliate program – such as (but not exclusive of) offers Flingzoe has made with partnering companies, offline promotional activities, or in-house, non-affiliate marketing activity such as promotions included with orders, and customer newsletters and emails. Affiliates found breaking these terms will not receive payment for any sales that arise from this breach and could be removed from the program.

Please note commission will not be paid on transactions where an exclusive discount code has been applied incorrectly to a different affiliate/type.

Product Reviews

If you are given a product to review by Flingzoe please ensure you include within your review at least one direct (non-affiliate tracking) link to either the Flingzoe product page or to the category page (i.e. Rabbit Vibrators, Vibrating Love Eggs, etc). For all other requirements for product reviews, please refer to your contact at Flingzoe or contact the Flingzoe affiliate manager directly.

Domain Restrictions

Affiliates may not make use of the Flingzoe brand name (including any variations, misspells, or derivatives) in any domain names they register. You may include brand terms within the subfolder, so for example, www.affiliatewebsitename.com/flingzoe is allowed. Affiliates are asked not to register any domain names that are similar, or confusingly similar, nor have the specific, or accidental intentions or consequences of leading visitors to think they are being directed to Flingzoe.

Other Restrictions

  • Affiliates may not put the Flingzoe website into frames or use masked URLs to promote Flingzoe
  • Direct forwarding to the Flingzoe website is not allowed
  • Affiliates may not use Pay per View/Cost per View marketing as the use of pop-ups and pop-unders to promote Flingzoe is not allowed.
  • Affiliates may not alter any of the available creative without the permission of
  • Flingzoe. If hosting creative on their own servers, affiliates must ensure
  • that such creative is kept up to date.

PPC Restrictions

Flingzoe has an extensive in-house PPC program. We do not want affiliates to compete with our own campaigns or drive up costs:

  • PPC bidding on the Flingzoe brand name or trademarks (including any variations or misspells such as Love Honey, or Flingzoe, etc) is not allowed.
  • Please do not bid on “brand + generic” keywords, such as “Flingzoe offers”, “Flingzoe voucher codes”, “Flingzoe lingerie”, etc.
  • Use of the Flingzoe URL as your display URL is not allowed.

If you have any questions regarding our PPC policy, please contact affiliate@flingzoe.com for clarification. Please note we will reverse commissions and reject any affiliates found breaking our PPC Restrictions and indeed any of our other restrictions. Commission can also be withheld or canceled for affiliates that do not provide any visibility of how they are driving traffic.