Influencer/Affiliate Terms and Conditions
Influencer/Affiliate Terms and Conditions
This agreement contains the complete terms and conditions that apply to you becoming an influencer or affiliate through bubba bambu’s Influencer / Affiliate Programme. The purpose of this agreement is to allow HTML linking between your web site (or marketing and advertising) and the bubbabambu.com web site. Please note that throughout this agreement, “we,” “us,” “our” and “bubba bambu” refer to bubbabambu.com and the bubba bambu owner, and “you,” “your,” and “yours” refer to you as the affiliate.
- Affiliate Obligations
2.1. To begin the enrollment process, you will complete the information under the register a new affiliate account on our website. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application or account if we determine that your site, your published material or your use of social media is unsuitable for our programme, including if you:
2.1.1. Promote sexually explicit materials
2.1.2. Promote violence
2.1.3. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promote illegal activities
2.1.5. Incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Include “Merchant” or variations or misspellings thereof in any of your domain names or titles to advertise our products or services.
2.1.7. Are in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Include software downloads in any of your sites, published materials of in the use of social media, that potentially enable diversions of commission from other influencers and affiliates in our programme.
2.1.9. Create or design your website or any other online portfolio’s or sites that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are bubba bambu or any other affiliated business.
2.2. As a member of bubba bambu influencer / affiliate programme, you will have access to the influencer area. Where you will be able to see the reported information on the progress, impact and tracking of your links, and calculated affiliate commissions earned.
2.3. bubba bambu reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site or published material (whether on social media or not) will be your responsibility. We may monitor your site or online advertising as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site or published material. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
- Bubba bambu Rights and Obligations
3.1. We have the right to monitor your site or published materials at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site or published materials that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the bubba bambu influencer / affiliate programme.
3.2. bubbabambu.com and its owner reserves the right to terminate this Agreement and your participation in the bubba bambu influencer / affiliate programme immediately and without notice to you should you commit fraud in your use of the bubba bambu influencer / affiliate programme or should you abuse this programme in any way. If such fraud or abuse is detected, we shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your influencer / affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or other digital message. In addition, this agreement will terminate immediately upon any breach of this agreement by you.
We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and any bubba bambu influencer / affiliate programme rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in the bubba bambu influencer / affiliate programme following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.
bubbabambu.com uses the third party PayPal to make payments. You will need a PayPal account to receive your affiliate payments, you will need to agree and abide by their payment terms and conditions for use of their system.
- Access to the Affiliate Area
You will need to create a password so that you may enter the secure affiliate area. Please keep this username and password safe.
- Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions bubba bambu, bubbabambu.com or any of our products or services could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by us. For example, advertising commonly referred to as “spamming” is unacceptable and could cause damage to our business, brand and name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, cross-posting to multiple newsgroups at once or anything that goes against the UKs GDPR regulations. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote bubbabambu.com and our products, so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote bubbabambu.com and our products, so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from us and bubbabambu.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this agreement and your participation in the bubba bambu influencer / affiliate programme. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. influencers and affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as bubbabambu.com, bubba bambu, www.bubbabambu.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from the bubba bambu influencer / affiliate programme. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our influencer / affiliate programme without prior notice, and on the first occurrence or noticed occurrence of such PPC bidding behaviour.
8.3. Influencers and affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in the bubba bambu products and services).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited bubba bambu’ site (i.e., no page from our site or any bubbabambu.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of bubba bambu site in IFrames, hidden links and automatic pop ups that open bubbabambu.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
- Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorise for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the bubba bambu influencer / affiliate programme. You agree that all uses of the Licensed Materials will be on behalf of us and bubbabambu.com and the good will associated therewith will inure to the sole benefit of bubbabambu.com.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
BUBBA BAMBU MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BUBBABAMBU.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BUBBABAMBU.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
- Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
- Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL BUBBABAMBU.COM AND THE OWNER OF BUBBA BAMBU CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless bubbabambu.com, the owner of bubba bambu, and its subsidiaries and its influencers and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this agreement will be classed as “confidential,” and remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15.1. You agree that you are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. 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 any other of Your Sites or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This contract will be governed by and construed in accordance with the laws of the United Kingdom and shall be subject to the non-exclusive jurisdiction of the court of Great Britain.
15.4. You may not amend or waive any provision of this agreement unless in writing and signed by both parties.
15.5. This agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this agreement are included for convenience only and shall not limit or otherwise affect the terms of this agreement.
15.7. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.