Affiliate Terms of Use

Terms of Use for The Swan Method Affiliate Program

It is important to note that this is a general outline and the specific terms and conditions of The Swan Method Affiliate Program may vary. It is advisable to consult a legal professional for the finalization of the affiliate program agreement.

  1. Company: Refers to Tone Hair Salon, the business offering the affiliate program.
    – Affiliate: An individual or entity who has been accepted into the affiliate program and promotes Tone Hair Salon through agreed-upon methods in exchange for commission or other forms of compensation.
    – Affiliate Application: The formal request submitted by an individual or entity to be considered for participation in the affiliate program.
    – Website: The official online platform or digital property owned and operated by Tone Hair Salon, where the affiliate will direct potential customers.
    – Affiliate Program: The structured arrangement through which affiliates are rewarded for driving traffic or sales to Tone Hair Salon, typically through unique tracking links or other identifiable methods.
    – Commission: The compensation or financial reward an affiliate receives for successful referral of customers or clients to Tone Hair Salon.

2. Nature of the Partnership: Affiliates as Independent Contractors
In the context of the affiliate program between your business and the affiliates promoting Tone Hair Salon, it is crucial to establish the nature of the partnership. Here’s how you can clarify the affiliates’ status:

Affiliate Status: Affiliates are considered independent contractors and not direct employees of the business. This distinction exempts the business from providing employee benefits and clarifies that the affiliates are responsible for their own taxes and legal obligations. This independent contractor status emphasizes the separate and non-employment nature of the relationship between the company and the affiliates. 2

3. Application and Acceptance into the Affiliate Program
The process of joining an affiliate program typically involves specific steps and criteria to ensure that both the company and the affiliate are aligned in their objectives. Here’s an outline of the application process, evaluation criteria, waiting periods, and notifications involved in joining an affiliate program:

Application Process:

Eligible applicants can initiate the enrollment process by submitting a completed program application.
Submission of the application constitutes acceptance of the terms and conditions outlined in the agreement.
Evaluation Criteria:

The company evaluates the application and reserves the right to accept or reject it at its sole discretion.
The evaluation considers the suitability of the affiliate website for the program, compliance with program policies, and other relevant factors.
Waiting Periods and Notifications:

Upon submission, the company will review the application and notify the applicant of their acceptance or rejection.
The company may provide a waiting period within which the application will be evaluated, and the applicant will be informed of the decision.

In cases of rejection, the applicant may reapply to the program at any time, subject to the outlined criteria and requirements.
It is important not to link to the company’s site unless approved for the program.
By adhering to the outlined application process and evaluation criteria, individuals or companies can seek acceptance into the affiliate program, ensuring a transparent and structured onboarding process

4. Affiliate Responsibility : Affiliates are considered independent contractors and not direct employees of the business. This distinction exempts the business from providing employee benefits and clarifies that the affiliates are responsible for their own taxes and legal obligations. This independent contractor status emphasizes the separate and non-employment nature of the relationship between the company and the affiliates. 2

5. Nature of the Partnership: Affiliates as Independent Contractors
In the context of The Swan Method’s affiliate program, it is imperative to clearly define the nature of the partnership, emphasizing the independent contractor status of the affiliates.

  1. Affiliate Status: Affiliates are considered independent contractors and are not employees of The Swan Method.
  2. Exemption from Employee Benefits: As independent contractors, affiliates are exempt from receiving employee benefits required by law.

6. Nature of the Relationship: Legally Binding Partnership
1.Legally Binding Relationship: The affiliate and The Swan Method enter into a legally binding partnership where the affiliate agrees to promote The Swan Method in exchange for compensation as outlined in the affiliate agreement.
2.Compensation for Promotion: The affiliate’s role involves actively promoting The Swan Method’s products or services in accordance with the terms and conditions of the affiliate agreement, with compensation provided for successful promotional activities.

7. Terms of the Agreement
– The agreement should include detailed provisions regarding the commission structure and payment terms, covering important aspects such as:

  • Criteria for commission eligibility
  • Commission structure, rates, and conditions for rate changes
  • Bonus incentives and special bonuses for meeting targets
  • Cookie duration for affiliate link eligibility
  • Fraud prevention and its impact on commission eligibility
  • Payout requirements, including conditions and payment schedules 22
  • Link and Brand Promotion

Affiliate Tracking
The agreement should address the use of tracking software and the procedures for monitoring and attributing sales or leads to affiliates, ensuring transparency and accuracy in tracking affiliate marketing efforts 2.

Confidentiality Agreement
It is essential to include provisions related to confidentiality, outlining the responsibilities of affiliates to keep certain information confidential, protecting the business’s trade secrets and customer information 3.

Termination or Suspension
The agreement should specify the duration of the agreement and the conditions under which either party can terminate the agreement. It may also outline what happens with outstanding commissions after termination 3.

Legal Stipulations
The agreement should include legal requirements related to brand representation, content standards, intellectual property rights, disclaimer and privacy policies, and any other relevant legal stipulations 2.

The agreement should require all new affiliates to e-sign or agree to the document when joining the program, ensuring that it is effective and binding 2.

8. Confidentiality

– Obligation to Maintain Confidentiality: The affiliate is obligated to maintain strict confidentiality regarding any sensitive information or proprietary knowledge received from The Swan Method.
– Non-Disclosure Agreement: The affiliate may be required to sign a non-disclosure agreement (NDA) or similar document, clearly outlining the terms and conditions of maintaining confidentiality.
– Prohibition of Unauthorized Disclosure: The affiliate must refrain from any unauthorized disclosure of confidential information received from The Swan Method to third parties, ensuring that such information remains protected.
– Use of Confidential Information: The affiliate should only use the confidential information for the intended purposes outlined within the affiliate program and not for any unauthorized or personal use.
– Liability for Breach: Any breach of the confidentiality obligations by the affiliate may result in legal consequences, including potential liability for damages incurred by The Swan Method due to the breach.

9. Indemnification

– In the context of the affiliate program, indemnification refers to the agreement by which one party (the indemnifying party) assumes the responsibility to compensate the other party (the indemnified party) for any losses, damages, or expenses that may arise from certain events or circumstances. In this case, it is important to clearly outline the indemnification responsibilities of the affiliate in case of any expenses incurred.

– Responsibilities of the Affiliate: The affiliate agrees to indemnify, defend, and hold harmless the company, its affiliates, officers, directors, employees, and agents from any third-party claims, damages, losses, liabilities, judgments, settlements, costs, and expenses incurred as a result of the affiliate’s actions or noncompliance with the agreement 2.

– Notification and Cooperation: The affiliate is required to promptly notify the company of any claims and reasonably cooperate with the company in the defense of such claims at the affiliate’s expense 2.

– Liability for Noncompliance: The affiliate is liable for any losses or damages incurred by the company due to the affiliate’s noncompliance with the agreement, and the company may seek indemnification for such losses and expenses 2.

10. Modification of the Agreement
– Amendment and No Waiver: The agreement states that the company may update and change any part or all of the agreement, including by replacing it in its entirety. Affiliates are notified about any updates or changes via the Affiliate Tool and/or by email. The updated agreement becomes effective on the next business day after notification. Affiliates are encouraged to review the agreement periodically. If they do not agree to the update, change, or replacement, they can choose to terminate the agreement.
Modification: The agreement allows for modification of any terms and conditions at the sole discretion of the company. Affiliates will be notified of any modifications by email. If any modification is unacceptable to the affiliate, their only option is to terminate the agreement. Continued participation following the posting of the change notice or new agreement on the site indicates agreement to the changes.

11. Method of Affiliate Payments

  1. Payment Methods: Businesses can use various payment methods to compensate affiliates, including PayPal, prepaid debit cards, gift cards, checks, direct deposit electronic ACH bank transfer payments, or other platforms. The choice of payment method and currency is based on the affiliate’s preferences and availability in their country 1.
  2. Mass Batch Payments: Utilizing financial automation software like Tipalti, businesses can make efficient mass batch payments to affiliates from global locations, ensuring accurate and timely payouts through the affiliate’s preferred country-available payment method and currency 1.
  3. Automated Payments: Consider automating payments to reduce manual errors and ensure that the payment method chosen by the affiliate is available. Automation tools such as affiliate software or networks can facilitate rule-based payouts to streamline the payment process 2.
  4. Payment Discrepancies: Create a clear and straightforward process for affiliates to report perceived payment errors, and address these concerns promptly and transparently, maintaining open lines of communication 2.

Other Payment Considerations

  1. Currency Considerations: Addressing currency considerations, especially when working with international affiliates, is important. Clearly defining the responsibility for currency conversion fees and how exchange rates will be decided is crucial 2.
  2. Tax Considerations: The affiliate agreement should address tax considerations, with clear rules regarding the submission of tax documents by affiliates, especially in places where they are required 2.
  3. Payment Records and Review: Maintaining detailed and secure records of all affiliate payments is essential for tax purposes and potential audits. Regular reviews of the payment process are also crucial for optimization as the business grows or as technological and financial landscapes evolve 2.

12. Termination of Agreement
– Termination by Either Party: Both the company and the affiliate reserve the right to terminate the agreement at any time, with or without cause, by providing written notice to the other party.

Notice Period: The notice period for termination should be clearly defined in the agreement. This period can vary based on the nature of the agreement and should provide both parties with sufficient time to wind down activities and relationships.

Reasons for Termination: The agreement should specify the reasons for which either party may terminate the agreement. This may include but is not limited to, violation of terms, breach of contract, illegal activities, or any other behavior or activity that is detrimental to the interests of either party.

Consequences of Termination: The agreement should outline the consequences of termination, including the handling of pending payments, the cessation of promotional activities, the return or destruction of confidential information, and any other relevant post-termination obligations.

13. Entire Agreement
– In addition, it is essential to include a clause stating that the agreement constitutes the entire understanding between the parties and supersedes all prior discussions or agreements:
– Entire Agreement Clause: The agreement should explicitly state that it constitutes the entire understanding between the parties and supersedes all prior discussions, representations, warranties, and agreements relating to the subject matter of the affiliate partnership.

14. Governing Law
– The agreement and the use of the services are governed by and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be entirely performed within the State of North Carolina, without regard to its conflict of law principles 1.