Terms and Conditions (in a Nutshell)
- You will receive a negotiated commission rate for all sales on Trillium Montessori printable products on shop.trilliummontessori.org.
- Products by other vendors hosted on our site are not eligible for earning commissions.
- This affiliate program is only for the Trillium Montessori Shop (shop.trilliummontessori.org). Tracking links will not work on the Trillium blog (www.trilliummontessori.org) or on the Trillium Courses site (courses.trilliummontessori.org)
- You will have a 30 day “cookie,” so that if someone clicks your link and makes a purchase within 30 days, you will receive commission.
- We use Affiliately, a third party tracking system that makes it super simple to keep track of your sales on your affiliate panel.
- You get paid within 15 days after the end of the month.
- OK to post affiliate links on:
- your blog
- your social media
- any forums or groups that you manage
- your email newsletters
- NOT OK to post affiliate links on:
- collaborative blogs or social media that Trillium Montessori is a member of (e.g. Montessori Bloggers Network)
- Linkys, Facebook share days, other people’s social media or in comments on other blogs
- Facebook groups and forums that Trillium Montessori is a part of unless you are the owner/administrator of the group
- Non-commercial groups and forums unless you have permission from the administrator
- Do not link to any sites that would reflect poorly on the reputation of Trillium Montessori (you know, the really bad stuff, spam, malware, porn etc. etc.)
- Do not include links or use the Trillium Montessori brand in any negative manner.
Terms and Conditions (the long version)
AFFILIATE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TRILLIUM MONTESSORI, LLC
BY USING ANY REFERRAL LINKS YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate inTrillium Montessori Shop’s Affiliate Program. The purpose of this Agreement is to allow linking between your web site and Trillium Montessori . Please note that throughout this Agreement, “we,” “us,” and “our” refer to Trillium Montessori, and “you,” “your,” and “yours” refer to the affiliate.
2. Affiliate Obligations
2.1. Enrollment in the affiliate program is by invitation only. Applicants will be approved at our discretion and we may re-evaluate enrollment at any time. We reserve the right to reject your application at our sole discretion. We reserve the right to cancel your application if we determine that your site is unsuitable for our program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates 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. Includes “Trillium Montessori” “7 Continents A-Z Bundle” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website 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 Trillium Montessori or any other affiliated business.
2.2. As a member of Trillium Montessori ’s Affiliate Program, you will have access to an affiliate dashboard via Affiliately. Here you will be able to review our program’s details, download affiliate links, view stats, and gain access to any discount codes when available. In order for us to accurately keep track of all guest visits from your site to ours, you must use the affiliate link we provide you with.
2.3.Trillium Montessori 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 will be your responsibility.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. 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.
3.Trillium Montessori’s Rights and Obligations
3.1. We have the right to monitor your site 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 that we feel should be made, or to make sure that your links to our web site are appropriate and to further notify 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 Trillium Montessori affiliate program.
3.2.Trillium Montessori reserves the right to terminate this agreement and your participation in theTrillium Montessori affiliate program immediately and without notice to you should you commit fraud in your use of our affiliate program or should you abuse this program in any way. If such fraud or abuse is detected,Trillium Montessori shall not be liable to you for any commissions for such fraudulent sales.
3.3. This agreement will begin upon our acceptance of your affiliate application, and will continue unless terminated.
4. Termination
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 or email. In addition, this agreement will terminate immediately in the case of any breach of this agreement by you.
5. Modification
We reserve the right to modify any of the terms and conditions in this agreement at any time at our sole discretion. In the event that modifications are made, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and theTrillium Montessori affiliate program rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in our affiliate program following the notification of the change notice or new agreement on our site will indicate your agreement to the changes.
6. Payment
Trillium Montessori uses a third party to handle all of the tracking and payment. Payouts of eligible commissions will be made within 15 days after the end of the month in which the transaction occurred. Payouts will reflect any full or partial refunds associated with referred transactions.
7. Access to Affiliate Account Interface
You may keep track of your orders and earnings on the Affiliately affiliate access panel and dashboard here:
https://www.affiliatly.com/af-1010491/affiliate.panel8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions Trillium Montessori 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 Trillium Montessori. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. At all times, you must clearly represent yourself and your web sites as independent fromTrillium Montessori. 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 theTrillium Montessori affiliate program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation. Other generally prohibited forms of advertising include:
(i) the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. You may use mailings to customers to promote Trillium Montessori 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.
(ii)advertising in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.
(iii)You may not post affiliate links to collaborative blogs and social media that Trillium Montessori is a collaborator on. You may post to newsgroups to promote Trillium Montessori as long as the news group specifically allows commercial messages.
8.2. 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 Trillium Montessori’s site (i.e., no page from our site or any of Trillium Montessori’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, Bing, Yahoo, and similar search or directory engines); (c) set commission tracking cookies through loading ofTrillium Montessori’s site in IFrames, hidden links and automatic pop ups that openTrillium Montessori’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 banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to
(i) access our site through 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 authorize for such purpose. You are only entitled to use the licensed materials to the extent that you are a member in good standing of Trillium Montessori’s affiliate program. You agree that all uses of the licensed materials will be on behalf ofTrillium Montessori and the good will associated therewith will inure to the sole benefit ofTrillium Montessori.
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.
10. Disclaimer
TRILLIUM MONTESSORI MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING TRILLIUM MONTESSORI SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF TRILLIUM MONTESSORI 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.
11. Representations and Warranties
You represent and warrant that:11.1. This agreement has been fully 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.
12. 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 TRILLIUM MONTESSORI ’S 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.
13. Indemnification
You hereby agree to indemnify and hold harmless Trillium Montessori , and its subsidiaries 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.
14. Confidentiality
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 which is marked “Confidential,” will 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. Miscellaneous
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 Trillium Montessori . 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 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 agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina without regard to the conflicts of laws and principles thereof.
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.
