Faja Ease / Affiliate Terms and Conditions
These Affiliate Terms and Conditions govern services to be provided by Affiliates who participate in Faja Ease ‘s marketing program.
General Guidelines
Faja Ease will provide the Affiliate a unique coupon code, which grants customers an immediate $5.00 discount and free shipping on new orders.
The Affiliate is entitled to 15% of each sale completed with this specific coupon code, calculated on actual amount paid by the Consumer.
Payment will be processed on a monthly basis, via Paypal with the corresponding amount.
Sharing the unique coupon code in loyalty or coupon networks is not allowed. If any purchase from any similar networks is detected, it will not count towards the monthly total and therefore will not be included in the commision paid. If this is the case, the coupon may be changed.
Affiliate will have access to his or her own affiliate dashboard provided by Faja Ease to keep track of new orders and commissions owed.
Intellectual Property Rights
Intellectual Property Rights. No license or other right of any kind is granted by Faja Ease to the Affiliate, except as expressly provided in these Terms. The Affiliate shall not use Faja Ease ‘s copyrights, trademarks, trade names, or other intellectual property in any way except to the limited extent as may be expressly agreed in the agreement.
Affiliate’s Content and Attributes. Affiliate gives Faja Ease the irrevocable, sub-licenseable, worldwide right and permission to use any work product or other video, photo, written or verbal content the Affiliate shares or provides related to the services in any manner, in whole or in part, and for any purpose in any and in any and all media, including and without limitation, on Faja Ease owned or controlled websites and platforms, social media, any advertising materials, publications, marketing materials, and/or presentations, and in any and all other media, in perpetuity. Any statements, posts and/or feedback that the Affiliate provides may be paraphrased, amplified, shortened and/or put into conversational form. The Affiliate further agrees that Faja Ease may contact (including by means of messages on public social media platforms) the Affiliate about any Faja Ease -Related Content.The Affiliate acknowledges that participation in the services means Faja Ease can use the Affiliate’s Faja Ease -Related Content and include the Affiliate’s name/likeness/social media handle or channel/blog name and any other Affiliate attributes in any manner that Faja Ease determines supports the purposes of these Terms, including use in any media that accepts advertising or promotional content or communications (such as, but not limited to, digital, print, television or radio).
Representations and Warranties; Indemnity
The Affiliate represents and warrants that: (i) the Faja Ease -Related Content will be wholly original and will not infringe upon any copyright, patent, trademark, right of publicity or privacy, or any other proprietary or other right of any person, whether contractual, statutory or common law; (ii) the Services rendered by the Affiliate shall be promptly rendered with due care and shall be of first rate quality; (iii) the Affiliate will not commit any act which brings Faja Ease into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community to which Faja Ease ‘s advertising materials are directed, or which might tend to harm Faja Ease or any of Faja Ease ‘s products or services including, without limitation, disparaging Faja Ease or its products or services; (iv) the Affiliate’s statements, posts and feedback are true and accurately reflect Affiliate’s honest opinion and experience with Faja Ease , and its competitors’ products and/or services to the extent applicable, (v) the Affiliate agrees that time is of the essence in connection with these Terms and all deadlines provided by Faja Ease , (viii) the Affiliate will comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, including without limitation, all privacy and data security laws and the terms and conditions of all applicable third party websites, platforms or applications, including by making disclosures in accordance with the FTC Endorsement and Testimonial Guidelines (“FTC Guides”) as further detailed on the agreement, in rendering the Services herein and (ix) the Affiliate is at least 18 years of age and has the right and authority to enter into this agreement in the Affiliate’s own name.
The Affiliate agrees to defend, indemnify and hold harmless Faja Ease and its parents, affiliates, subsidiaries, officers, directors, employees, business partners and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) the Affiliate’s breach of any of its representations and/or warranties hereunder, (ii) the authorized use of the Faja Ease -Related Content or exercise of the rights granted hereunder, (iii) the Affiliate’s use of third party products or content in performing the Services; and (iv) the Affiliate’s negligence or willful misconduct.
The Affiliate hereby agrees, for the Affiliate and the Affiliate’s heirs, executors and administrators, to release, waive, discharge, absolve, agree to hold harmless, and covenants not to sue, Faja Ease and its agents, employees, officers, directors, successors and assigns (collectively, “Released Parties”), from and/or in relation to any and all liability, loss, harm, damage, injury, cost or expense whatsoever resulting from the use of the Affiliate’s Faja Ease -Related Content or which the Affiliate, his/her heirs, executors, administrators and assigns had, now have or hereafter may have, by reason of any matter connected in any way with the Released Parties’ exercise of their express or implied rights hereunder, including but not limited to the right to use the Affiliate’s name, voice or likeness, it being understood that the Released Parties shall be free to use the Affiliate’s name, voice and likeness in any manner in connection with the Faja Ease -Related Content or otherwise in support of the purposes of these Terms. Faja Ease shall not be liable for any indirect, consequential, exemplary damages (including but not limited to lost profits) and the combined, aggregate liability of Faja Ease hereunder shall not exceed the fees payable to the Affiliate under these Terms.
Relationship of PartiesThe Affiliate’s relationship with Faja Ease is that of an independent contractor and the Affiliate agrees that as an independent contractor, it will not be considered an employee of Faja Ease for any purpose, including tax obligations, and will not be eligible to participate in any of Faja Ease ‘s medical, benefit or health plans.
Confidential InformationUnless authorized by Faja Ease , the Affiliate agrees to hold all Confidential Information in strict confidence, not to disclose Confidential Information to any third parties, and to use Confidential Information solely for the purpose of fulfilling its obligations under these Terms. “Confidential Information” shall mean all information, excluding information available from the public domain, disclosed by Faja Ease to the Affiliate.
No Conflict of InterestThe Affiliate is not subject to, and will not accept during the Term, any obligation that is inconsistent or incompatible with the Affiliate’s obligations under these Terms, including any obligation to perform services for any company whose goods and services compete with those of the Faja Ease .
Term and Termination
Term. The initial term of these Terms shall commence on the Effective Date and continue in full force and effect until terminated as set forth herein or until completion of all Services specified herein, whichever is sooner.
Termination. Faja Ease may terminate these Terms and/or the Services under any Agreement: (i) immediately in the event of a material breach by the Affiliate or (ii) for convenience at any time, upon seven (7) days’ notice to the Affiliate. The Affiliate must return any materials supplied under these Terms, and immediately remove any Faja Ease -Related Content from dissemination or from Affiliate channels upon termination. For clarity, the Affiliate’s failure to make disclosures in the manner set forth in the FTC Guides and/or as instructed by Faja Ease shall be deemed a material breach of the Terms that is not capable of cure.
Survival. The rights and obligations contained in Sections 2 (“Intellectual Property Rights”), 3 (“Representations and Warranties”), 5 (“Confidential Information”), and 7(c) (“Survival”) will survive any termination or expiration of these Terms.