AFFILIATE PROGRAM TERMS

These terms and conditions (these “Terms”) apply to the Still Brands affiliate program (“Program”) provided by Still Brands LLC. (“Still Brands”). By registering to participate in the Program, you acknowledge and agree that you have read all of the terms and conditions set forth in these Terms and you agree to be bound by these Terms.

Still Brands reserves the right to change or modify any of the terms and conditions contained in these Terms at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by (a) sending an email to the email address you provide when registering for the Program, (b) posting a notice on our website (“Site”), (c) posting the revised Terms on the Site and revising the date at the top of these Terms, or (d) such other form of notice as determined by Still Brands. Your continued participation in the Program will constitute your acceptance of such changes or modifications to these Terms.

If you are accessing the Program in your capacity as an employee, consultant or agent of a company (or other entity), you represent that you are an employee, consultant or agent of such company (or other entity) and you have the authority to agree (and be legally bound) on behalf of such company (or other entity) to all of the terms and conditions of these Terms.

For the purpose of these Terms, you and, if applicable, such company (or other entity) constitute “you” or “Affiliate”.

REGISTRATION:

In order to participate in the Program, you must complete the Program registration form provided via the affiliate platform made available on the Site (“Affiliate Platform”) and you must be accepted into the Program by Still Brands. If accepted, we will notify you. You agree to provide accurate, current and complete information about you as may be prompted by the Program registration forms via the Site.

GENERAL REQUIREMENTS FOR ACCEPTANCE: You must meet the below core requirements in order to be accepted into the Program, but please understand that acceptance is at Still Brands's sole discretion.

You must operate a website or business in the United States

You must have a website and/or social media with established engagement

You must be in compliance with all of the terms and conditions set forth in these Terms

Your website or business must not constitute a coupon or offer website/platform

LICENSE:

Subject to the terms and conditions of these Terms and solely during your participation in the Program, Still Brands grants you a non-exclusive, non-transferable, limited license to use Still Brands trade names, trademarks, service marks, symbols, and logos, and the assets, copy, and discounts provided to Affiliate by Still Brands through the Affiliate Platform (collectively, “Still Brands" Assets”) solely to fulfill your obligations under the Program. Except as set forth in this paragraph, nothing in these Terms grants to you any right, title, or interest in or to any of the Still Brands Assets, and, all use of the Still Brands Assets will inure solely to the benefit of Still Brands. Affiliate will promptly notify Still Brands of (a) any known use by any third-party of any Still Brands Assets, or (b) any known use by any third-party of similar trade names, trademarks, service marks, symbols, or logos which may constitute an infringement or “passing off” of Still Brands's trade names, trademarks, service marks, symbols, or logos.

 OBLIGATIONS/RESTRICTIONS:

 - None of the Still Brands Assets may be modified without Still Brands's prior written consent in each instance

- Affiliate will never represent its relationship with Still Brands in a false or misleading way, and Affiliate will not use deceptive, misleading, illegal or unethical practices in fulfilling any of its obligations under the Program or these Terms

- Affiliate may not engage in any conduct that is likely to result in retaliation against Still Brands or its employees, officers, directors, contractors or other agents

- Affiliate may not use any inappropriate techniques (including, but not limited to, cookie stuffing, misleading links, masking of the referral link, redirects, repeated manual clicks, using robots or automated query tools, using computer-generated search requests, and/or fraudulently using other search engine optimization services and/or software) in an attempt to defraud Still Brands

Affiliate will not bid on any Still Brands keywords or similar keywords unless Affiliate has received prior written approval from Still Brands

MARKETING:

- All of Affiliate’s marketing costs with respect to the Still Brands program will be the responsibility of Affiliate

- Affiliate must have all marketing approved, in writing (email will suffice), by the Still Brands team prior to deploying - Affiliate may not create websites or advertisements that copy or resemble the look and feel of any of Still Brands properties without Still Brands's prior written consent - Affiliate may not offer coupons or incentives as a part of its marketing efforts unless approved in advance by Still Brands - Affiliate may not create any domains, sub-domains, or handles that use any of Still Brands's trade name, trademarks, service marks, symbols, or logos - Affiliate must abide by all applicable laws and regulations including, but not limited to, the CAN-SPAM Act of 2003 (Public Law No. 108-187) - Affiliate must ensure that all emails from Affiliate show that they are from the Affiliate in the from line and no email can look like they are coming from Still Brands - Affiliates may not bid on Still Brands branded keywords

WEBSITE/BUSINESS RESTRICTIONS:

Your website or business (including, but not limited to, any marketing materials created by you or a third party acting on your behalf) must not contain any messages, text, materials, data, information, software, audio, art, images, photos, video, graphics, or other items or materials that may reasonably: - Violate any laws or regulations - Infringe or violate any copyrights, trademark rights, patent rights, trade secret rights, rights of publicity, rights of privacy, or any other rights of Still Brands or any other individual or entity - Be considered defamatory, obscene, threatening, inflammatory, malicious, harassing, offensive, hateful, or harmful to any individual or entity - Be considered obscene, pornographic, indecent or sexually explicit or that constitutes, fosters or promotes pornography or bestiality - Depict graphic, excessive, or gratuitous violence - Be false, misleading, or deceptive - Store or transmit any material that contains software viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, corrupted data, or any other computer code, files. or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware

COUPON GUIDELINE:

Affiliate will only use coupons provided to it by Still Brands through the Affiliate Platform

Affiliate will not use any coupon or offer found on any other website/platform to promote the Still Brands program

Affiliate may only use coupons on its own website or platform and will not submit any codes to a coupon website/platform

Still Brands will not pay a commission to Affiliate for a sale from a non-Still Brands coupon, but Still Brands will not reverse the customer transaction

CALCULATION OF COMMISSIONS & PAYMENT:

In order to receive commissions, you must use the unique link assigned to you by Still Brands in accordance with the Link Usage Guidelines (“Link Guidelines”). The Link Guidelines are available at [email protected] and the Link Guidelines are incorporated into these Terms by reference. The unique link assigned to you tracks your sales by capturing when individuals click on one of your advertisements. At the close of each calendar month, Still Brands will calculate the revenue received by Still Brands from each customer order resulting from your unique link during the just completed calendar month. With respect to subscriptions, the initial sale is included in the calculation of commissions and renewals are not. Within approximately 30 days of the close of each just completed calendar month, Still Brands will pay to you the commissions for such just completed calendar month. Commission payments will usually occur via PayPal.

- All commissions are less taxes, duties, interest, penalties, late charges, similar charges, and any amounts Still Brands must pay third parties

- We reserve the right to reverse commissions due to order cancellations, disputed charges, duplicate orders, or any violation of these Terms

- If we discover that you have attempted to create a fraudulent order, your participation in the Program will immediately be terminated

- Commissions in the Refersion platform are only paid out on new, not existing customers.

REPORTING VIOLATIONS:

If you become aware of any violation of any of the terms or conditions of these Terms, you are required to immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation, please contact: [email protected]. 

TERM & TERMINATION:

Your participation in the Program will begin when you are accepted by Still Brands into the Program. Still Brands reserves the right, but does not have any obligation, to monitor or police activity in connection with the Program. If Still Brands reasonably believes that you have violated any of the terms or conditions of these Terms, in addition to other available remedies, your participation in the Program will immediately terminate. Still Brands will generally attempt to notify you of any activity in violation of these Terms and request that you cease such activity.

Also, your participation in the Program may terminate if (a) you notify Still Brands that you would like to terminate your participation, or (b) Still Brands otherwise terminates your participation.

If your participation in the Program is terminated due to a violation of these Terms, any outstanding commissions earned will be forfeited by you. If your participation in the Program is terminated for any other reason or you elect to terminate your participation in the Program, any outstanding commissions up to the effective date of such termination will be paid to you within 60 days of the effective date of such termination.

GENERAL:

These Terms set forth the entire agreement and understanding of you and Still Brands relating to the Program, and supersede all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. IN NO EVENT WILL (A) Still Brands BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Still Brands HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) Still Brands TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID BY Still Brands TO YOU PURSUANT TO THESE TERMS DURING THE SIX MONTH PERIOD PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. Neither party will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, owner or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever. You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of Still Brands. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. If any provision of these Terms is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled. You agree that communications and transactions between us may be conducted electronically.

SECTION 2 - CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at [email protected].

Customers in California can opt out of personal data collection 

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - COOKIES

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

SECTION 8 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [email protected]