|Conversion action||Online purchase with processed valid payment|
|Cookie days||45 day(s)|
|Commission type||Percent of Sale|
|Additional terms||By promoting our products, you agree to our terms and conditions. Minimum Payout: $50 Payout Schedule: Monthly|
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BETTER NIGHTS LLC (DBA SWANWICKSLEEP.COM)
BY SUBMITTING THE ONLINE APPLICATION 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.
This Agreement includes the complete terms and conditions that refer and apply to you becoming an affiliate in Better Nights LLC | Swanwick Affiliate Program.
The purpose of the present agreement is to allow HTML linking between your website and www.swanwicksleep.com website.
Note: Throughout this agreement, "we," "us," and "our" refer to Better Nights LLC | Swanwick Sleep, and "you," "your," and "yours" refer to the affiliate.
You will begin your enrollment process by completing and submitting the online application at https://swannies.com/affiliate. We reserve the right to reject or cancel your application at our sole discretion if we determine that your site is unsuitable for our Better Nights LLC | Swanwick Affiliate Program, namely if it:
promotes sexually explicit materials
promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
promotes illegal activities
incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law of the Swanwick brand or other brands/trademarks. For example, includes "Swanwick", “Swannies” or variations or misspellings thereof in its domain name and social media handles
is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
contains software downloads that potentially enable diversions of commission from other affiliates in our program
You may NOT create or design your website or any other website that you manage, explicitly or implied in a manner which resembles our website. Specifically, you may not use “swanwick”, “swannies” or any other alterations or derivations of those terms in your website’s URL or your social media handles.
You may NOT design your website in a manner which leads customers to believe you are Better Nights LLC, Swanwick, Swanwick Sleep, or any other affiliated business. However, you should follow our brand guidelines when promoting our products.
As a member of Better Nights LLC | Swanwick Affiliate Program, you will have access to the Affiliate Program Management System. Here, you will be able to review our program details, access affiliate assets, create links and embed codes, creatives, and more resources for promoting the Better Nights LLC | Swanwick Sleep Products. In order for us to accurately keep track of all guest visits from your site or affiliate link location, you must use the HTML code that is provided for each banner, text link, or other affiliate assets we provide to you.
Better Nights LLC | Swanwick Affiliate Program reserves the right, at any time, to:
review your placement
approve the use of your links
require that you change the placement or use in order to comply with the guidelines provided to you.
Your website’s maintenance and update will be your responsibility. However, we may monitor your site as we feel necessary in order to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
It is entirely your responsibility to follow all applicable intellectual property and other laws regarding your site. You must have express permission to use any person's copyrighted material, including written or graphic content or any other copyrightable work. We will not be responsible if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
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 including, making sure that your links to our website are appropriate. If you do not make the necessary changes to your website we reserve the right to terminate your participation in the Better Nights LLC | Swanwick Affiliate Program.
Better Nights LLC | Swanwick Sleep reserves the right to terminate this Affiliate Agreement and your participation in the Better Nights LLC | Swanwick Affiliate Program immediately and without notice should you:
commit fraud in your use of the Better Nights LLC | Swanwick Affiliate Program
abuse this program in any way
If such fraud or abuse is detected, Better Nights LLC | Swanwick Sleep will not be liable to you for any commissions for fraudulent sales.
The present Affiliate Agreement will begin consequent to our acceptance of your affiliate application, and will continue unless terminated.
Either you or we may end this Affiliate Agreement AT ANY TIME, with or without cause, by giving the other party written notice. The written notice can be in the form of mail, email or fax. In addition, this agreement will terminate immediately upon any breach of the present agreement by you.
We may change any of the terms and conditions in this affiliate agreement at any time at our sole discretion. However, in such cases, you will be notified by email.
Modifications include but are not limited to:
changes in the payment procedures
Better Nights LLC | Swanwick Affiliate Program rules
If any of the changes are unacceptable to you, your only option is to end the present agreement. Your continued participation in Better Nights LLC | Swanwick Affiliate Program following the posting of the change notice or new agreement on our website will indicate your agreement to the changes.
Better Nights LLC | Swanwick Sleep uses a third party to handle all of the tracking and payment. The third party is the Refersion Inc affiliate network. We encourage you to review the network’s payment terms and conditions here.
You will create a password so that you may enter Refersion secure affiliate account interface. From their website, you will be able to receive your reports that will describe the calculation of the commissions due to you.
You are free to promote your own websites, but naturally, any promotion that mentions Better Nights LLC | Swanwick Sleep 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 Better Nights LLC | Swanwick Sleep.
For example, advertising commonly referred to as "spamming" is unacceptable to us as it could damage our name and online reputation. Other generally prohibited forms of advertising include:
the use of unsolicited commercial email (UCE)
postings to non-commercial newsgroups
cross-posting to multiple newsgroups at once
In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Better Nights LLC | Swanwick Sleep as long as:
the recipient is already a customer or subscriber of your services or website,
the recipient has the option to remove themselves from future mailings
You may post to newsgroups to promote Better Nights LLC | Swanwick Sleep as long as the newsgroup specifically welcomes commercial messages.
You must clearly represent yourself and your websites as independent from Better Nights LLC | Swanwick Sleep at all times. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this affiliate agreement and your participation in the Better Nights LLC | Swanwick Affiliate Program.
Note: Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Affiliates that exclusively bid in their Pay-Per-Click campaigns on keywords such as Swanwick, Swanwick Sleep, swanwicksleep.com, Better Nights LLC and/or any misspellings or similar alterations of the above specified terms (be it separately or in combination with other keywords) and do not direct the traffic (from such campaigns) to their own website prior to redirecting it to ours, will be considered trademark violators and be banned from Better Nights LLC | Swanwick Affiliate Program.
We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our Better Nights LLC| Swanwick Affiliate Program without prior notice, and on the first occurrence of such PPC bidding behavior.
Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Better Nights LLC | Swanwick Sleep service).
Affiliates are not allowed to send out 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 users from the time the client clicks on a qualifying link until the consumer has fully exited Better Nights LLC | Swanwick Sleep website.
Find out more about these terms used in the above paragraph:
“Parasiteware™” and “Parasitic Marketing” refers to applications that 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:
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, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines);
set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open Merchant.com’s site;
targets text on websites, other than those websites 100% owned by the application owner, for the purpose of contextual marketing;
removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application.
We grant you a non-exclusive, non-transferable, revocable right to:
access our site through HTML links solely in accordance with the terms of this affiliate agreement
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 if you are a member in good standing of Better Sleep LLC | Swanwick Affiliate Program. You must agree that all uses of the Licensed Materials will be on behalf of Better Nights LLC | Swanwick Sleep.
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 Affiliate Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
Better Nights LLC | Swanwick Sleep makes no express or implied representations or warranties regarding Better Nights LLC | Swanwick Sleep service and website or the products or services provided therein, any implied warranties of Better Nights LLC | Swanwick Sleep 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.
Better Nights LLC | Swanwick Sleep does not guarantee affiliates any sort of financial benefit. All the financial profit you will be able to gain out of the Better Nights LLC | Swanwick Affiliate Program is solely based on commissions earned from your efforts to promote products and network.
As an affiliate, you represent and warrant that:
this Affiliate Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms
you have the full right, power, and authority to enter into and be bound by the terms and conditions of this Affiliate Agreement and to perform your obligations under the present agreement, without the approval or consent of any other party
you have sufficient right, title, and interest in and to the rights granted to us in the present agreement
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 Better Sleep LLC | Swanwick Sleep’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.
You hereby agree to indemnify and hold harmless Better Sleep LLC | Swanwick Sleep, its subsidiaries and affiliates, 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:
any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party
any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein
any claim related to your site, including, without limitation, content therein not attributable to us
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 Affiliate Agreement (which is marked Confidential) will remain the sole property of the disclosing party. Each party should keep it in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.
You agree that you are an independent contractor, and nothing in this Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Better Sleep LLC | Swanwick Sleep. 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 or any other websites that reasonably would contradict anything in this section.
Neither party may assign its rights or obligations under this Affiliate Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
The present agreement shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to the conflicts of laws and principles thereof.
You may not alter or suspend any provision of this Agreement unless in writing and signed by both parties.
The present affiliate agreement represents the entire agreement between us and you and shall overrule all prior agreements and communications between the parties, oral or written.
The headings and titles contained in this Affiliate Agreement are included for convenience only, and will not limit or otherwise affect the terms of this agreement.
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.