affiliates Terms
Last updated: August 31st, 2023
lactomedi Affiliate Program Agreement
Thank you for your interest in joining the Lactomedi Affiliate Program (the "Program") operated by 2359 US Inc. (“we”, “our”, “us” or “Lactomedi”). Before you may join the Program, you must read, agree with and accept all of the terms and conditions contained or incorporated by reference in these Terms of Service, including Lactomedi’s Privacy Policy available at https://lactomedi.com/policies/privacy-policy. By joining the Program, you agree to be bound by the terms and conditions below (the "Agreement").
We may change this Agreement at any time upon notice to you via the following URL: https://lactomedi.com/pages/affiliate-terms
1. Enrollment In The Program
2. Affiliate Sales Commission
- “Offers” shall be links to discount codes and/or other offers for you to promote Lactomedi to consumers through Your Services.
- A “Qualifying Link” is a link and/or code from Your Services to lactomedi.com using one of the required URLs or code provided by Lactomedi, if it is the last link to the Lactomedi site that the Customer uses during a Session where a sale of a product to a Customer occurs.
- A “Session” is the period of time beginning from a Customer’s initial contact with the Lactomedi site via a link from Your Services and terminating when either the Customer returns to the Lactomedi site via a link from a site other than Your Services or the Offer expires or is terminated.
- “Net Sales Amount” means the product revenue received by Lactomedi via a Qualifying Link, less transaction-based costs and expenses, including not limited to sales tax, shipping and handling fees, other services, and credit card fraud or other bad debt.
- Withhold FICA (Social Security and Medicare taxes) from Contractor's payment or make FICA payments on your behalf;
- Make state or federal unemployment compensation contributions on your behalf, or withhold state or federal income tax from your commission.
3. Your Service Restrictions
- Infringe on our or any anyone else’s intellectual property, right of publicity, privacy or other rights. This means you may not at any time (unless approved in writing by Lactomedi) go to lactomedi.com or any Lactomedi social media channels to pull images, collateral, video or music to be used in Your Services;
- Violate any law, rule or regulation;
- Contain or use any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials;
- Contain or use any content that is deceptive, fraudulent or misleading;
- Contain or use any discounts links or codes not validly obtained from us;
- You may not misuse or otherwise abuse the Qualifying Links, including by enabling unauthorized sharing or posting the Qualifying Links on discount sites or discussion groups. You must immediately report to Lactomedi any unauthorized sharing of the Links as soon as you are aware of any such unauthorized or fraudulent activity.
4. Promotion Guidelines
- You must comply with all terms, conditions, guidelines and rules set forth by the applicable social media platform provider, and shall not take any actions that would put us in violation of such requirements.
- You must provide Lactomedi with the raw materials used in your content including but not limited to video footage and photo images. Delivery is to be made via email to pr@lactomedi.com
- Promotional content relevant to this Agreement should be posted for at least 30 days.
- You are required to tag Lactomedi on social media, and acknowledge and agree that Lactomedi shall have the right to repost accordingly any such tagged content on Lactomedi owned and operated social media channels and websites.
5. Compliance
- You are at least 18 years of age;
- You will comply with all applicable laws and social media guidelines, including, without limitations, any laws regarding unfair competition, anti discrimination and/or false advertising;
- Any claims you make about Lactomedi or its products or services shall reflect your honest and truthful opinion, including fair, accurate and truthful depictions of what is represented;
- Any Lactomedi products depicted are used in conformity with the instructions on the packaging;
- You have no outstanding agreement or obligation that is in conflict with any of the provisions of this Agreement, or that would preclude you from fully complying with the provisions hereof;
- Any material which is displayed on your Services will not infringe any third party’s intellectual property rights.
6. Reversal Of Commissions
7. Relationship Of The Parties
8. Disclaimer, Limitation Of Liability, Indemnification
You agree to defend, indemnify and hold harmless Lactomedi and its and their officers, directors, employees, business partners, merchants and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of this Agreement, (ii) your promotional activities or Your Services or (iii) your use of materials or features available in the Program (except to the extent a claim is based upon infringement of a third party right by materials created by us).