Last Updated on April 9, 2024

We are so thrilled to welcome You into the Studio Mommy Affiliate Program. These Terms are a binding agreement that You should read carefully and refer back to as You share our offers to your audience through your affiliate link(s). If You have any questions, please contact Us by clicking this link.

By joining Studio Mommy’s Affiliate Program, you acknowledge that you have read, understood, and agree with these affiliate terms and agreement, our website terms & conditions, and our privacy policy. Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. And ask the same consideration of you .

We will refer to You as “Affiliate” throughout these Terms.

As an Affiliate, you expressly agree to be bound by all of the following Terms: 

• As an Affiliate, you are solely responsible for the results of your actions and any actions of your subcontractors, contractors, employees, assigns, partners, interns, externs, LLC members and volunteers.
• The affiliate program ONLY supports activity that results in sending purchase referrals to Studio Mommy. Commissions will NOT be approved if they are suspected or proven to originate outside your affiliate link, even if the customer uses your link to purchase. Specifically, affiliate links on “coupon code” sites will not be approved for commissions attributed to said site(s). 
• Affiliate is an independent contractor of Studio Mommy. Affiliate is responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA or other local taxes as applicable to your country, province, state or territory), registrations or permits. Company is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to Affiliate.
• Affiliate agrees to keep a working email address for payments on file. It is not Studio Mommy’s responsibility to track down an Affiliate to make a payment to Affiliate. Studio Mommy will make reasonable attempts to pay Affiliate for up to 6 months using Affiliate’s provided information. If Studio Mommy is unable to contact Affiliate during this period through reasonable efforts, Affiliate will forfeit any payments owed to them.
• Affiliate agrees to cooperate with fulfilling Studio Mommy’s requests for all tax information necessary to maintain Affiliate’s relationship with Studio Mommy.
• Affiliate has full legal capacity to agree to these Terms. To be clear, Affiliate is of age in Affiliate’s location to enter into contracts and collect payments, and is of sound mind (i.e. not inebriated or otherwise unable to make decisions on Affiliate’s behalf).
• Affiliate agrees to receive emails regarding this affiliate program.
• Affiliate agrees to review these Terms at least annually or when updates are made to these Terms or attached privacy policy. Studio Mommy may make reasonable updates to these Terms at any time without notice to Affiliate.
• These affiliate Terms are effective immediately upon signing up for Studio Mommy’s affiliate program, and shall continue until terminated as described here.
• Affiliate can leave this affiliate program at any time but will continue to be bound to these Terms as applicable. 
• Affiliate shall return or discontinue use of any and all intellectual property, registered or unregistered, at the time of termination.

Prohibited Actions

Affiliate expressly agrees not to do any of the following activities:

• Impersonate any other person, business or organization upon signup; or
• Publicly share any affiliate program details, login information or other materials about or originating from this affiliate program; or 
• Purposely purchase from Affiliate’s own link. Any such purchases will be disapproved for commissions; or 
• Use any part of this affiliate program or these Terms to build Affiliate’s own program or affiliate Terms; or 
• Send spam mail or otherwise violate the US and CAN-SPAM or any other applicable current or new spam laws; or
• Register and/or use domains with the wording: “Studio Mommy”, “Studio Mommy, LLC” or any of its other properties, or any similar term contained within such domains; or 
• Disparage or misrepresent Studio Mommy, or any of its other properties in any way, in particular using words like “scam” or “rip-off;”or
• Bid on or otherwise attempt to acquire any rights in Studio Mommy or any of its other properties for copyrights, service marks, or trademarks; or
• PromoteStudio Mommyor any of its other properties on or through any sites with inappropriate content, as determined by Studio Mommy; or
• Engage in any conduct that is likely to impair or cause damage to the operation of Studio Mommy or the Studio Mommy website whether by way of a virus, corrupted file or through use of any other software or program; or
• Engage in any willful conduct that is likely to impair or cause damage to the reputation of Studio Mommy, either directly or indirectly, as determined at the discretion of Studio Mommy.

Violation of Affiliate Terms or Engaging in Prohibited Actions

Violation of these Terms will result in immediate termination without notice and forfeiture of commissions earned, paid or unpaid. Affiliate is not entitled to any Affiliate Commissions after the Termination Date even if a referred client purchases a product or service through Affiliate’s unique link. Affiliate will be responsible and agrees to pay any actual damages suffered by Studio Mommy due to Affiliate’s violation of these Terms.

Unique Affiliate Link and Portal Access

Affiliate is provided a unique referral link and tracking metrics, all of which are located in Affiliate’s portal at https://thrivecart.com/. Affiliate’s login details are unique and private to Affiliate. Affiliate agrees to keep these details confidential.

Commission Details

Affiliate earns a commission if their unique referral link is the last click from a customer that leads to a purchase. Affiliate earns a commission at a rate shown in the Commission Structure below, when someone makes a purchase using Affiliate’s unique referral link. The commission structure is as follow:

Commission Structure:

• 10% Commissions on Social Media Products
• 10% Commissions on WordPress Themes

Please Note: Products purchased through Etsy are not included in this affiliate program.

Commission will be paid to affiliate based upon the total purchases made by customers who access Studio Mommy site through your affiliate link. Commission amounts are the cost of the total cart value less any discounts, refunds, chargebacks, sales tax, and payment processing fees.

Studio Mommy reserves the right to cancel any commission to the affiliate that Studio Mommy has refunded to the customer. If an item is refunded the affiliate will not earn that commission. The purpose of an affiliate program is to reward referrals that result in sales. It may not be used to earn commissions on your own personal purchases or custom design/work. All conversions (a referral that result in sales) will be reviewed and are subject to approval.

Payout Details

Affiliate will receive payouts 30 days after the sale to allow for any adjustments to the commission (for example: if a refund is given to the customer). Payouts will be paid to the affiliate on a monthly basis on or around the 5th of the following month. Studio Mommy does not guarantee an exact date of payout (due to holidays and weekends). All payouts are delivered via PayPal. Affiliate must have a PayPal account to receive payout.

Cookies

The tracking of the affiliate sales is automatically performed by the use of cookies. The cookies are placed in the browser of the person that has clicked on the affiliate link and has thus reached Studio Mommy website. The cookie is stored for 60 days. If there is a previous affiliate cookie in the same browser it is overwritten by the newer one. Studio Mommy bears no responsibility if the customer has deleted their browser cookies.

US Residence 1099 Requirement

Per the IRS, if Studio Mommy pays an Affiliate $600 or more for the year then Studio Mommy must submit, to the IRS, a 1099-MISC form for the Affiliate. Please visit this link for more information. Once the affiliate’s total payout reaches $500 Studio Mommy will request that the affiliate fill out and either email or mail to us a W-9 Form. All payments will stop until Studio Mommy receives the affiliates W-9 Form. Studio Mommy will attempt to contact the Affiliate 2 times to get this W-9 form. If Studio Mommy does not receive the W-9 from the Affiliate then Studio Mommy will terminate/cancel your Affiliate Program. At that time the affiliate will loose any current and all future commission.

Affiliate News and Updates

By joining Studio Mommy’s affiliate program, affiliate agrees to receive emails from Studio Mommy. These emails will provide the affiliate with relevant news and updates to help promote Studio Mommy. As an affiliate you may be privy to embargoed or time-sensitive information in these emails (this information may only be promoted after an embargo is lifted).

Use of Studio Mommy Logo

If using the Studio Mommy logo to promote your affiliate link you must use the one provided by us and may not create your own version of the Studio Mommy logo.

Approval or Rejection of Affiliate Program Application

Studio Mommy reserves the right to approve or reject ANY Affiliate Program Application in its sole and absolute discretion. You will have no legal recourse against Studio Mommy for the rejection of the Affiliate Program Application.

Studio Mommy reserve the right to reject affiliate applications for any reason. Studio Mommy also reserve the right to choose whether or not to provide an explanation or reasoning for affiliate application rejection. Below are just a few reasons why an application may be rejected (this is not an exhaustive list):

• Affiliate applications for websites that sell, advertise or engage in pornography, phishing scams, spamming, illegal business practices, or that include any material infringing on National or International Copyright will be rejected.
• Affiliate applications for websites that Studio Mommy dose not believe are aligned with our industry or business may be rejected.
• Affiliate applicants with websites that re-sell any of our products will be rejected.
• Websites considered inappropriate by Studio Mommy will be rejected.
• Your website does not work or is still under construction. Studio Mommy needs to see content, not parked domains.
• Your website has nothing to do with our client and you did not explain your strategy in the application notes.
• PPC, PPV, Coupon, or Deal Type Sites are not allowed.

Inappropriate websites:

The following types of sites are not permitted to become an affiliate: adult sites, sites that display adult material or banners, sites that promote violence, hatred or bigotry, sites that promote or engage in illegal activity, including (but not limited to), hacking, cracking, nulled, and warez sites. Affiliate applications for inappropriate websites will be rejected, and Studio Mommy reserve the right to choose whether or not to provide a rejection reason.

FTC & Spam Disclosure

Affiliate agrees to follow current FTC endorsement guidelines (click below to read “The FTC’s Revised Endorsement Guides: What People are Asking”).

http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking

Spam

You agree to comply with all US Federal CAN-SPAM Acts. Studio Mommy has a zero tolerance policy towards SPAM or any Affiliate associated with SPAM. If, at our absolute discretion, Studio Mommy establishes that you are involved with SPAM in any way including creating, sending, or otherwise distributing SPAM Studio Mommy may immediately terminate your Affiliate Program account and you will forfeit all Commissions owed to you.

Maximum Damages

Affiliate agrees that the maximum amount of damages they are entitled to in any claim arising out of or relating to this Agreement or services provided in this Agreement are not to exceed Party’s total cost spent or earned on producing content or work products for the Affiliate Program.

Indemnification

Parties agree to indemnify and hold harmless the other Party and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Affiliate Program.

Assumption of Risk

Parties and related parties/ participants expressly assume the risk of participating in the Affiliate Program as described in this Agreement. Parties understand that some or all parts of any Affiliate Program purpose could involve unknown risks or variables, and Parties and any related persons Parties are respectively responsible for and assume the risk of conducting themselves properly given the circumstances.

No Income Guarantee

We make no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through your participation in this affiliate program.

Ownership of Property

All contracts, photographs, copyrights, trademarks, designs, intellectual property, website(s), graphics, images, legal documents, financial accounts, insurance, software accounts and other related business documents, including content created only for the purpose of fulfilling these affiliate Terms remains the property of the contributing party. The non-contributing party hereby receives a non-exclusive, revocable license to any listed property only for the purpose of fulfilling the Terms of this Agreement, unless otherwise declared to and agreed in writing by Studio Mommy.

Governing Law

The laws of Texas govern all matters arising under or relating to these affiliate Terms.

Severability

If any portion of these affiliate Terms is deemed to be illegal or unenforceable, the remaining provisions of these affiliate Terms remain in full force and effect.

Merger

These affiliate Terms constitute the final, exclusive agreement between the Affiliate and Studio Mommy on the matters contained in this Agreement.