As an authorized affiliate (“Affiliate”, “you”, “your”) of The Boutique Hub, Inc. (“we”, “our”, “The Boutique Hub”), you agree to abide by the terms and conditions contained in this Agreement (“Agreement”). Please read the entire Agreement carefully before registering and promoting The Boutique Hub as an Affiliate.
1. Purpose. Your participation in The Boutique Hub Affiliate Program (“Program”) is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to The Boutique Hub by your own website or personal referrals.
2. Acceptance. By signing up for Program, you indicate your acceptance of this Agreement and its terms and conditions.
3. Approval or Rejection of the Application. We reserve the right to approve or reject ANY Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Program Application.
4. Commissions. Commissions will be paid quarterly. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 35 days. An Affiliate can request a payment when their balance reaches a minimum balance of $25 USD. Payments may be requested every 30 days. Payment processing may take up to 30 days from the request date, not including U.S. holidays. Payments will generally be paid out via PayPal.
You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
Payments will only be sent for transactions that have been successfully completed. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the Affiliate. Commissions may be viewed on the Affiliate Dashboard. Transactions that result in chargebacks or refunds will not be paid out.
If the customer is on a recurring payment schedule, Affiliate will continue to accumulate commissions for each paid transaction by the customer for as long as the customer remains a paying customer.
5. Termination. Either party has the right to terminate this Agreement immediately without prior notice. In addition, your Program Application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc…).
- Spamming (mass email, mass newsgroup posting, etc…).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws. See more details.
- Violation of intellectual property rights of The Boutique Hub or any other party. The Boutique Hub requires a party to enter into a license agreement with The Boutique Hub in order to utilize any of our trademarks in order to protect our intellectual property rights. We expect Affiliates to not infringe or violate any intellectual property rights of other parties.
- Offering rebates, coupons, or other form of promised kick-backs from your Affiliate commission as an incentive. Adding bonuses or bundling other products with OptinMonster, however, is acceptable.
- Self-referrals, fraudulent transactions, suspected Affiliate fraud.
- Failure to follow and abide by The Boutique Hub Membership terms & conditions.
- Customer canceling and rejoining just so Affiliate receives commission.
However, notwithstanding anything stated above or in this Agreement to the contrary, The Boutique Hub reserves the right to terminate an Affiliate account at any time and for any reason.
If Affiliate terminates this Agreement, The Boutique Hub will not pay any further commissions to Affiliate for any past or future customer transactions.
If The Boutique Hub chooses to terminate this Agreement, any balance greater than $25 USD will be paid to the Affiliate within 60 days of termination. Balances that are equal to or less than $25 will be retained by The Boutique Hub
Under all circumstances after termination, for whatever reason, The Boutique Hub will not pay Affiliate for any future customer transactions.
6. Affiliate Links. You may use The Boutique Hub’s graphic and text links to: https://theboutiquehub.com/join/ on your website and within your email messages. You may also advertise The Boutique Hub website referencing https://theboutiquehub.com/join/ in online and offline classified ads, magazines, and newspapers.
Affiliate is permitted to use The Boutique Hub brand and marketing resources which are available on https://theboutiquehub.com/brand-assets/ and in the Affiliate section of The Boutique Hub as exactly provided therein. Affiliate agrees that Affiliate shall not modify or use for any purpose other than those expressly permitted in this Agreement any trademark, service mark, or trade name, or trade dress owned, controlled by, or licensed to The Boutique Hub now or in the future (collectively, the “Marks”). Affiliate further agrees that except as explicitly allowed in this Agreement, Affiliate shall not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or otherwise utilize in any way, in whole or in part, any images, materials, membership information, designs, photographs, illustrations, icons, videos, and all other materials or information displayed, prepared, and/or provided by The Boutique Hub (collectively, “Content”) without the express, written permission of The Boutique Hub. The Boutique Hub owns the copyright to all of its Content.
Affiliate does not gain any ownership or rights to the Marks or the Content. You may use the graphics and text provided by us as allowed for in this Agreement, or with the prior, express approval of The Boutique Hub you may create your own graphics and text.
7. Coupon and Deal Sites. The Boutique Hub occasionally offers a coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved or are not assigned a branded coupon, then you are not allowed to promote the coupon. Below are the terms that apply for an Affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliate may not use misleading text on affiliate links, buttons or images to imply that anything besides deals currently authorized by The Boutique Hub are available to the specific Affiliate. For example purposes only, if The Boutique Hub authorizes Affiliate to offer one free month of membership to The Boutique Hub, Affiliate may not include, provide, or offer any other incentive to a party for utilizing Affiliate’s link to sign up.
- Affiliate may not bid on coupons or discounts offered by The Boutique Hub and may not imply that coupons or discounts are available.
- Affiliate may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set Affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button, or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- An Affiliate’s user must be able to see coupon/deal/savings information and details before an Affiliate’s cookie is set. For example purposes only, a statement “click here to see coupons and open a window to merchant site” is NOT permitted and will result in The Boutique Hub terminating this Agreement with Affiliate..
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. An Affiliate with such text on the merchant landing page will be removed from the Program immediately.
8. Liability. The Boutique Hub will not be liable for any damages (loss of revenue, commissions) due to Affiliate being part of the Program, including, but not limited to, tracking failures, loss of database files, or any other loss. We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by The Boutique Hub We make no claim that the operation of the Program and/or our website(s) will be error-free, and we will not be liable for any interruptions or errors.
9. Term of the Agreement. The term of this Agreement begins upon The Boutique Hub accepting you in the Program and will end upon the earlier of the following dates: (i) the date your Affiliate account is terminated or (ii) the date your Boutique Hub Membership account is terminated.
10. Indemnification. Affiliate shall indemnify and hold harmless The Boutique Hub, its affiliates, subsidiaries, owners, officers, directors, employees, agents, licensees, successors and assigns (collectively, “Indemnified Parties”), from any and all liabilities, obligations, damages, fines, penalties, judgments, claims, costs, losses, and expenses (including reasonable attorneys’ fees and costs) incurred by or asserted against any of the Indemnified Parties by reason of, arising out of, or occurring in connection with: (i) any failure on the part of Affiliate to perform or comply with any of the terms of this Agreement or (ii) Affiliate’s negligence or willful act or omission.
11. Governing Law, Jurisdiction, and Attorney Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the circuit courts located in Chippewa County, Wisconsin. In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including attorneys’ fees and costs.
12. Headings; Relationship. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. Nothing in this Agreement shall be construed as creating a partnership or joint venture between the parties hereto, it being the express intent that the business and goodwill of Affiliate remains solely owned by Affiliate and the business and goodwill of The Boutique Hub remains solely owned by The Boutique Hub..
13. Modification; Controlling Document. We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules. The terms and conditions of this Agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change. Affiliate agrees and understands that Affiliate remains bound by the conditions and terms of the Membership Agreement. In the event of any conflict between the conditions and terms contained in this Agreement and the Boutiques & Brands Membership Agreement (“Membership Agreement”) the conditions and terms of the Membership Agreement will control.
14. Effectiveness of Electronic Signatures. The Agreement is an electronic contract that sets out the legally binding terms of your participation in The Boutique Hub Affiliate Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing The Boutique Hub application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
Last updated January 13, 2020
