Last Updated on July 8, 2021
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.
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:
Affiliate expressly agrees not to do any of the following activities:
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.
Affiliate is provided a unique referral link and tracking metrics, all of which are located in Affiliate’s portal at https://studiomommy.com/affiliate-area/. Affiliate’s login details are unique and private to Affiliate. Affiliate agrees to keep these details confidential.
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 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.
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.
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.
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).
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.
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):
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.
Affiliate agrees to follow current FTC endorsement guidelines (click below to read “The FTC’s Revised Endorsement Guides: What People are Asking”).
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.
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.
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.
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.
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.
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.
The laws of Texas govern all matters arising under or relating to these affiliate Terms.
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.
These affiliate Terms constitute the final, exclusive agreement between the Affiliate and Studio Mommy on the matters contained in this Agreement.
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