Babymanual.com (“website”, “site”), The Baby Manual (“Brand”), and the Affiliate Program are owned and operated by Parent Education Media, LLC (“we”, “our”, “us”). The terms & conditions disclosed in this document serve as an Agreement between Parent Education Media, LLC and the Affiliate (“you”, “your”). The Site and its original content, features, products, and functionality are owned by Parent Education Media, LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- COMMENCEMENT AND TERMINATION
This Agreement shall come into force upon your acceptance as an Affiliate and shall remain in effect until terminated.
Upon acceptance into the Program, Parent Education Media, LLC grants Affiliate a non-exclusive right to become an Affiliate in its Program. An Affiliate is defined as an individual or entity interested in promoting and marketing Parent Education Media, LLC’s products, specifically The Baby Manual Products for the purpose of increasing The Baby Manual’s market visibility and sales, in exchange for earning a commission for each referral that results in a completed transaction. A completed transaction is one in which Parent Education Media, LLC has been provided all customer and payment information for which payment has been received and goods purchased have been sent. Commissions are subject to order cancellation, returned merchandise, receipt of pending credit card authorizations and/or chargebacks. See section 3 of this document titled Commission and Payment for more information.
The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate must cease to use the service immediately upon the termination of this Agreement and delete all links to Linked Websites. The Affiliate shall not be entitled to receive any commission on any referrals made after the termination date.
Parent Education Media, LLC is entitled to terminate this Agreement and/or suspend the Affiliate from the Affiliate Program at any time, giving reasonable notice where possible. The Affiliate shall acquire no rights following the termination of this Agreement to use Intellectual Property Rights of Parent Education Media, LLC or The Baby Manual, including domain names, text, images, banners, creatives, or any other works created by or for Parent Education Media, LLC or The Baby Manual.
- COMMISSION AND PAYMENT
3.1 COMMISSION CYCLE – Parent Education Media, LLC undertakes to make payments to Affiliates within 30 days after the end of the month in which they have made a referral. Status of referrals and commission can be viewed in the Affiliate Area once you are logged in to your account.
3.2 COMMISSION RULES – Affiliates will receive payment for each referral as governed by the below rules:
- A referral is generated when a visitor successfully purchases a product after visiting our website via the affiliate’s referral link.
- Commission will be paid for each referral pending confirmation of successful payment completion and subject to order cancellation, returned merchandise, receipt of pending credit card authorizations and/or chargebacks.
- Credit for referral will be given to the Affiliate who originally referred the customer as long as the customer makes the purchase within 30 days of initially clicking on that Affiliates referral link. The first affiliate link that the customer clicks will store the affiliate’s ID in a cookie for 30 days and it cannot be overridden from the second link unless the cookie expires, or the customer clears their browser cookies and then clicks on the second link.
- Commission percentage is based on the following progressive commission plan: 0 – 9 unit sales per month = 20% commission rate on total sale amount, less tax and shipping. 10 – 29 unit sales per month = 25% 30 – 59 unit sales per month = 30% 60 – 99 unit sales per month = 35% 100+ unit sales per month = 40%
- Commission is paid on the total sale price, less any applicable taxes and shipping fees. For example, if the cost of the product is $59.99, then an Affiliate with a 20% commission rate would receive $11.99 commission. If an Affiliate sells 100+ units in a single month, they would receive a 40% commission rate on the total sale price for all referrals in that month. For example, if the total sale price of all of an Affiliate’s referrals, not including any applicable taxes and shipping fees, added to 10,000 from 100+ referrals then the Affiliate would be at a 40% commission rate and receive a $4,000 commission for that month.
- Commission percentages are calculated based on an Affiliate’s total number of unit sales in any given month. For example, if an Affiliate sells 35 units in one month, the Affiliate would receive a commission rate of 30% on referrals that month. If the following month they sell 8, the Affiliate would receive a commission rate of 20% on referrals in that month.
3.3 REFERRAL STATUS – Each time a referral is generated, it is assigned a status which can be viewed in the Affiliate Area once Affiliate in logged in to their account:
- pending – This is a referral that has been generated but is not yet confirmed
- unpaid – This is a confirmed referral that is waiting to be paid out to the affiliate
- rejected – This is a referral that was rejected
- paid – This is a referral that has been paid to the affiliate
All referrals begin with a status of pending and are then updated to one of the other three statuses when particular events occur. A pending referral means that it is waiting to be confirmed as valid. A referral is marked as rejected when the corresponding order is refunded or deleted. Referrals are marked as unpaid when the corresponding order is completed. Once marked as unpaid, the referral is considered “earned” and will be paid out to the affiliate. Subject to any action taken by the customer to cancel order, return merchandise (see “Risk-Free Empowerment Guarantee”), or issue credit card chargeback/dispute. Referrals receive a status of paid as soon as payment has been issued to the affiliate. Depending on the method you have chosen to receive your commission payment (PayPal or check), please allow 3-7 business days from date referral status is changed to paid and the date at which payment is received.
3.4 COMMISSION ACCURACY – Parent Education Media, LLC will provide the Affiliate with a detailed real time reporting system showing status of each referral and the corresponding commission. All tracking data can be found in the Affiliate Area once an affiliate is logged into their account. The Affiliate agrees to regularly check his reports to ensure that the commission shown is correct. Parent Education Media, LLC accepts no responsibility for any errors or omissions and their consequential implications which are not notified to us in writing within a 4-week period. This 4-week period begins on the day that the sale/action which generates the commission took place. While Parent Education Media, LLC will do everything we can to correct any errors or omissions which may occur, we will not be liable for any of these which are not brought to our attention within the 4-week period as detailed above. Please notify Parent Education Media, LLC of any potential commission errors by e-mailing our accounts payable department at email@example.com.
3.5 REFERRAL CONDITIONS – The fact that a commission amount is reported for a referral does not necessarily mean that a payment is due to you, since payment may be subject to conditions established by Parent Education Media, LLC, including policies regarding order cancellation, returned merchandise, receipt of pending credit card authorizations and/or chargebacks.
3.6 INCOMPLETE PAYMENT, CANCELLATION, RETURNS, OR CHARGEBACKS – Commissions will not be paid on referrals with incomplete payment, order cancellation, returns, and/or chargebacks. Parent Education Media, LLC intends to pay out all qualifying referrals within 30 days after the end of the month in which the referrals are generated. In the event, commission payment is made to the Affiliate and then a payment dispute (chargeback, cancellation, return, fraudulent transaction, etc.) is raised by the customer, Parent Education Media, LLC, or 3rd party agencies assisting with payment transaction, Parent Education Media, LLC reserves the right to recall or deduct commission(s) accordingly.
3.7 FRAUD – In the event of any Affiliate fraud, all transactions in the Affiliates account will be reversed. In addition, Parent Education Media, LLC may recover any commission payments made before fraud has been detected. We also reserve the right to take legal or criminal action against the companies and individuals involved.
In the event of suspected fraud, payment to an Affiliate’s account will be stopped and the Affiliate will be asked to provide additional information as to how they have been promoting The Baby Manual products and/or website to ascertain if any rules or program terms may have been broken. Failure to comply will result in monies being withheld and the Affiliate’s account being terminated.
3.8 TAXES – The Affiliate is solely responsible for any and all tax obligations due to all taxing authorities arising from or in connection with any compensation earned by the Affiliate as a result of their participation in our Affiliate Program.
- AFFILIATE’S WEBSITE AND SOCIAL MEDIA RESPONSIBILITES, AND PAID SEARCH
The Affiliate is solely responsible for his/her website and all its contents and shall ensure that they conform at all times to all applicable laws and regulations. If the Affiliate is based outside of the United States, then they must also undertake to ensure their website is compliant with the laws of the United States.
4.1 WEBSITE RESTRICTIONS – Your participating website(s) may not:
- Infringe on our or any anyone else’s intellectual property, trademark, 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.
4.2 SOCIAL MEDIA – Promotion on Facebook, Twitter, Pinterest, YouTube, Instagram, Google+, LinkedIn, and any other social media platforms is permitted following these general guidelines:
- You ARE allowed to promote/post your Affiliate links on your own on Social Media networks. All links must be clear, upfront, virus and bug free, and only reflect active promotions as found in the Creatives section of the Affiliate Area of your account.
- You ARE NOT allowed to post your affiliate links on Parent Education Media, LLC’s or The Baby Manual’s social media networks, website, or blog.
4.3 PAID SEARCH – Affiliates are allowed to participate in paid search to promote their affiliate link in the various pay-per-click search engines
- LINKING TO OUR WEBSITE
Affiliates must follow these rules when linking to our website:
- You will only use linking codes, banners, creatives, and promotions obtained from the Affiliate Area.
- Your Website will not at any time, in any way copy, resemble, or mirror the look and feel of our Website.
- You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website.
- You may not use redirects to bounce a click off of a domain from which the click did not originate.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided, we shall be entitled to reimbursement of all past commissions paid to you, and/or your commission level will be set to 0%.
6.1 LIMITATION OF LIABILITY – YOU AGREE THAT THE TOTAL LIABILITY OF PARENT EDUCATION MEDIA, LLC AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND REPRESENTATIVES, TO YOU FOR ANY CLAIMS MADE UNDER THIS AGREEMENT WILL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE AVERAGE OF COMMISSION FEES PAYABLE TO YOU BY PARENT EDUCATION MEDIA, LLC DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY SUCH CLAIM, AND (B) USD$500 (USD FIVE HUNDRED). YOU RECOGNIZE AND ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS FAIR AND REASONABLE, IN LIGHT OF THE FACT PARENT EDUCATION MEDIA, LLC IS PROVIDING THIS SERVICE TO YOU AT NO CHARGE.
6.2 System failure, viruses, damages, downtime – Parent Education Media, LLC shall not be liable to the Affiliate for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Affiliate Tracking Service or other indirect or consequential loss whether arising from negligence, breach of contract, or any other source.
6.3 INDEMNITY – Affiliate shall defend, indemnify and hold Parent Education Media, LLC harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys’ fees) relating to: (i) the development, operation, maintenance, and content of Affiliate’s Site; or (ii) breach of this Agreement.
6.4 DISCLAIMERS – We make no expressed or implied warranties or representations with respect to the Affiliate Program or any company services or other items sold through the Program. In addition, we make no representation that the operation of our site and program will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
- AFFILIATES INFORMATION E.G. EMAIL, PERFORMANCE STATISTICS
The Affiliate consents to the publication of the Affiliate’s name and web address etc. on The Baby Manual website and to Parent Education Media, LLC sending newsletters etc. to the Affiliate’s e-mail address and using the information given by the Affiliate for marketing purposes. The Affiliate confirms that in order to improve and/or to promote or market our products, Parent Education Media, LLC may produce statistics or summaries relating to the use of the service. Parent Education Media, LLC may contact the Affiliate by email, telephone or post for feedback relating to the service including any ways in which it might be improved both for the network and for the individual Affiliate.
- LEGAL AGE
The Affiliate confirms to Parent Education Media, LLC that the Affiliate is not a private individual less than 18 years of age. If you are under 18 years old and would like to become an affiliate, you must get a parent or guardian to sign-up on your behalf.
- GOVERNING LAW
This Agreement is subject to the laws of the state of California and the United States of America. If any dispute arises out of this Agreement the Parties will attempt to settle it by a mediation procedure.
- MODIFICATION TO TERMS AND CONDITIONS
We may amend and update any of the terms and conditions contained in this Agreement at any time and in our sole discretion. Notice of any modifications by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement is considered sufficient notice for notifying you of any changes to the terms and conditions of this Agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.