Young Youth Clothing, LLC Affiliate/Independent Contractor Agreement - Terms and Conditions.
Now for the "fine print." You and we want to treat each other fairly and conduct our respective businesses honestly. These are the terms and conditions under which you can be our independent contractor to promote Young Youth Clothing on independent websites/acceptable marketing methods in return for a commission on sales. Either (a) through online promotions or (b) offline marketing, ie. Promo/Coupon Code.
"Affiliate" means an independent, non-employee of Young Youth Clothing, LLC who has been granted the rights described below for promoting the Products of Young Youth Clothing in exchange for a Commission, subject to all the terms and conditions of the Agreement. On occasion, the term "you" may be employed.
"Commission Fees" or "Commissions" - Under the Affiliate Program, subject to the terms hereof, you will be paid a Commission Fee for each Qualified Purchase by a Referred Customer that you refer to youngyouth.com under and in accordance with this Agreement.
"Promotional Activities" means the use of Advertising Material on the Affiliate Website/or offline by the Affiliate and any other activity authorized in writing by Young Youth Clothing to promote the products and/or to drive web traffic from the Affiliate Website to the Young Youth website via the Link/Promotions.
"Intellectual Property" means the registered or unregistered patent, copyright, database right, design right, trademarks and service marks or other industrial or intellectual property right of Young Youth Clothing, LLC. anywhere in the world, existing now or later, and the sole right to apply for them and any actual application for them.
The Affiliate shall conduct him/herself with honesty and integrity.
The Affiliate shall comply with every applicable law, ordinance, rule, and/or regulation of every applicable country, federation of countries (such as the European Union), state, province, county, municipality and/or other jurisdiction in which the Affiliate attempts to conduct his/her affiliate affairs.
For greater certaint, this obligation applies to the rules, regulations, case law precedents, and administrative rulings of the U.S. Federal Trade Commission, and all other consumer protection bodies in and outside the United States.
The Permission We Allow You
Upon accepting your application to become an Affiliate/Independent Contractor, Young Youth Clothing grants you permission market the Young Youth Clothing Brand, as offered on a youngyouth.com, pursuant to the terms of this Agreement, on a strictly independent contractor basis.
The permission to market includes a non-exclusive, non-transferable, royalty free, revocable license to use Young Youth Intellectual Property in conjunction with Advertising Material, for the sole purpose of Promotional Activities.
Licenses and Use of the youngyouth.com Logos and Trademarks.
We grant you a non-exclusive, non-transferable, revocable license to (i) promote Young Youth Clothing through use of the "Promo" or "Coupon" code assigned to You (ii) access our site through the links solely in accordance with the terms of this agreement and (iii) solely in connection with such links, to use the youngyouth.com trademark and logo and similar identifying material relating to us (but only in the form(s) that they are provided by us) (collectively, the "Licensed Materials"), for the sole purpose of selling Young Youth Clothing Products and Services on your site and as approved in advance by us. You may not alter, modify, or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials to the extent that You are a member in good standing.
You grant to Us a non-exclusive license to utilize Your names, titles, and logos, as the same may be amended from time to time (the "Affiliate Trademarks"), to advertise, market, promote, and publicize in any manner Our rights hereunder; provided, however, that We shall not be required to so advertise, market, promote, or publicize the Affiliate Trademarks. This license shall terminate upon the expiration or termination of this Agreement.
SPAMMING IS PROHIBITED!
Young Youth Clothing defines spamming with a broader scope than other affiliate programs with lower marketing standards and principles. The Young Youth Clothing definition of spam includes not only e-mail spamming, but most other forms of unsolicited advertising as well. Our ban on unsolicited advertising includes any quantity of recipients. Whether it is 1, or 1 million, it is prohibited.
If you have any questions about whether or not your marketing methods are banned, contact us BEFORE you start your marketing campaign.
Unsolicited commercial e-mail of any kind is strictly prohibited, even if it complies with the U.S.CAN-SPAM Act of 2003 ("Controlling the Assault of Non-Solicited Pornography and Marketing Act") and the anti-spam laws of all other jurisdictions;
Unsolicited instant messages;
Electronic newsletters of any kind;
This ban includes double opt-in newsletters, unless you receive prior written authorization from Young Youth Clothing;
Unsolicited postings on public forums such as newsgroups, message boards, chat rooms, instant chat programs, guest books, web pages, or any other public forum.
The only exceptions to this policy are:
- Posting in public forums of which you are the 100% owner.
- Posting on "opt-in" social media sites.
- Posting in public forums where the owner has given you written permission.
Commission Fees and Payments
Subject to the terms of this Agreement, we will pay a Commission Fee equal to the specified percentage or dollar amount set forth in the Commission Report in Your Affiliate Console on a Qualified Purchase by a Referred Customer which occurs during the month or other period for which such Commission Fee is being calculated.
Such Commission Fees will be processed approximately 15 to 30 days after the end of month or other period in which a Qualified Purchase was properly completed.
Payout dates are the following - Sales made the 1st through the 15th of any month will be issued on the 26th. Sales made the 16th through the end of the month will be issued on the 10th of the following month.
Check payments will only be reissued within 120 days of original issue date in the case of a lost check or stop-payment request. After 120 days, the payment will be voided. Check cancellation fees may be applied.
PayPal payments will only be reissued within 120 days of original issue date in the case of incorrect paypal address or refusal from paypal to accept payment.
You are responsible for informing Young Youth Clothing about changes to postal and e-mail addresses, as well as any changes to your name, email address, contact information, tax identification number, or other personal information that will impact Young Youth Clothing's ability to issue a valid Commission payment. Failure to provide the correct addresses may result in the forfeiture of any Commissions due to you. Commission Fees that are returned for invalid or insufficient address information or for other reasons may be forfeited as well.
You are responsible for informing Young Youth Clothing of Your desired Payment form/type:
You have two available options to get paid - Check or Paypal
You are responsible for the payment of all taxes related to the commissions you earn under this Agreement.
Young Youth Clothing, LLC in its sole discretion, reserves the right to withhold indefinitely any Commission Fee, and/or to reverse, deny or reject any Commission Fee, for:
If we deem orders to be fraudulent or see a pattern of potentially fraudulent activity, including, without limitation, where there are multiple accounts from the same customer, or referral of accounts which do not comply with this Agreement. We review account information (including site content/marketing methods) to assess referrals.
The Affiliate shall not create, or attempt to create, a Transaction by any means other than that permitted in this Agreement.
The Affiliate shall not engage in or facilitate any (online) Promotional Activities that use any technology that has any virus including, but not limited to, any Trojan horse, worm, logic bomb, time bomb, back door, trap door, keys or other harmful elements.
Affiliates are independent contractors of Young Youth Clothing.
Nothing in the Agreement is intended or will be construed as constituting a partnership, agency, franchise, sales representation, employment, or joint venture relationship between Young Youth Clothing and the Affiliates.
Affiliate Terms and Conditions are subject to change. Affiliates will be notified when this occurs.