Affiliate Terms

Damp Defender Affiliate Program Terms and Conditions

1. Introduction

Welcome to the Damp Defender Affiliate Program. By participating in this program, you agree to abide by the following Terms and Conditions. Please read them carefully before joining the program.

2. Definitions

  • “Affiliate” refers to the individual or entity participating in the affiliate program.
  • “Company” or “Dampp-Chaser” refers to the manufacturer offering this affiliate program for the Damp Defender product line.
  • “Customer” refers to the end-user who makes purchases on dampdefender.com through an affiliate’s referral link.
  • “Commission” refers to the monetary reward paid to affiliates for successful referrals.
  • “Referral” refers to a customer who purchases Damp Defender product through an affiliate’s unique referral link.

3. Enrollment in the Affiliate Program

3.1 Participation in the Damp Defender Affiliate Program is open to individuals and entities who meet the eligibility criteria set by the Company.
3.2 Affiliates must complete the application process and agree to these Terms and Conditions.
3.3 The Company reserves the right to approve, reject, or remove any application for the affiliate program at its sole discretion.
3.4 If the Affiliate is accepted to participate in the Damp Defender Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below.
3.5. Affiliate will comply with the terms and conditions of this Agreement at all times, including any applicable Program Policies listed on Appendix A.

4. Affiliate Responsibilities

4.1 Affiliates are responsible for promoting the Damp Defender product using approved marketing materials provided by the Company.
4.2 Affiliates must adhere to all applicable laws and regulations when promoting the product, including respecting intellectual property rights.
4.3 Affiliates must not engage in any unethical or deceptive marketing practices.
4.4 Affiliates shall not promote the Company’s product through spam, false advertising, or any other unauthorized methods.
4.5 Affiliates shall not promote the Damp Defender product for use in a piano.

5. Commissions and Payments

5.1 Affiliates are eligible to earn a commission for each successful paid referral made through their unique referral link.
5.2 The commission rate is 10% of the pretax sale.  The minimum payout is $50 USD.
5.3 Commissions will be paid out via PayPal
5.4 The Company reserves the right to adjust commission rates and payment terms at any time, with notice to affiliates.
5.5 Qualification.

To qualify for Commissions:

  1. A Referral must be accepted and found valid as per the Terms & Conditions,
  2. A Customer Transaction must be completed, and
  3. A Customer must remain a customer for the at least 30 days.

Affiliate will be ineligible to receive Commissions or any other compensation from us based on transactions for Other Products if:

  1. Such compensation is prohibited or restricted by federal, state, or local laws or regulations in the United States or your jurisdiction,
  2. The relevant Customer reasonably objects to or excludes such compensation from its payments to us or Fireflies Affiliates,
  3. The Customer has or will directly pay such commissions, referral fees, or other compensation to you, or
  4. The Commission payment has been obtained through fraudulent means, misuse of the Affiliate Link, in violation of any Affiliate Program Policies we provide, misuse of the Affiliate Tool, or any other means that contravene the spirit of the Affiliate Program.

5.6 Acceptance and Validity.

Affiliates will solely qualify for Commission payments for Customer Transactions derived from Referrals generated through the Affiliate Link provided by us and accepted by Dampp-Chaser. A Referral is considered valid and accepted if, in our reasonable judgment:

  1. It is a prospective new customer of ours and
  2. Is not, at the time of submission or previously, one of our existing customers or involved in our active sales process.

However, we may opt not to accept an Affiliate Referral or Affiliate Customer at our discretion.

5.7 Interaction with Referrals: After receiving the Referral information, we may choose to directly engage with the prospect, regardless of the Referral’s validity. In cases where a Referral is deemed invalid, we may decide to retain it in our database and initiate engagement.
5.8 Payment Requirements and Forfeiture: Despite the foregoing or any conflicting provisions in this Agreement, if the Customer does not maintain good standing with Dampp-Chaser (as determined solely by us) for thirty (30) days following the conclusion of a Customer Transaction, your entitlement to Commission from that Customer’s Transactions will be permanently forfeited (each, a “Forfeited Transaction”). We hold no obligation to remit the Commission associated with a Forfeited Transaction.

Furthermore, if a Customer for whom you’ve received a Commission subsequently receives a refund or experiences a chargeback, the Commission will be deducted from any future Commissions payable for other Customer Transactions.

5.9 Taxes and Fees: Affiliates are responsible for the payment of all taxes and fees (including bank charges) applicable to Commissions. All amounts payable to Affiliates by us are subject to offsets by Dampp-Chaser against any amounts owed by the Affiliate to Dampp-Chaser.
5.10 Commission Amount Adjustments: Dampp-Chaser retains the right to modify or change the Commission amount at any time.

6. Tracking and Reporting

6.1 The Company will provide affiliates with access to tracking and reporting tools to monitor their referrals and commissions.
6.2 Affiliates are responsible for regularly reviewing their reports to ensure accurate tracking of referrals.
6.3 Discrepancies or disputes regarding commissions should be reported to the Company within 30 days of the alleged discrepancy.

7. Termination

7.1 The Company reserves the right to terminate an affiliate’s participation in the program at any time for violations of these Terms and Conditions or for any other reason.
7.2 Upon termination, the affiliate forfeits all unpaid commissions.
7.3 Affiliates may also terminate their participation in the program at any time by providing written notice to the Company.

8. Changes to Terms and Conditions

8.1 The Company reserves the right to modify these Terms and Conditions at its discretion.
8.2 Affiliates will be notified of any changes, and it is their responsibility to review and accept the updated Terms and Conditions to continue participating in the program.

9. Limitation of Liability

9.1 The Company shall not be liable for any indirect, incidental, or consequential damages arising from affiliate participation in the program.
9.2 The Company’s total liability to an affiliate shall not exceed the total commissions paid to the affiliate under this program.

By joining the Fireflies Affiliate Program, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree with these terms, please do not participate in the program.

For any questions or concerns regarding these Terms and Conditions or the affiliate program, please contact us at support@dampp-chaser.com

 

APPENDIX A

Program Policies and Advertising Rules

General Policies and Rules

Affiliate agrees that:

  1. Affiliate  will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited;
  2. Affiliates will not email purchased contact lists or people who have not opted-in to be contacted or send direct messages to people on social media soliciting Damp Defender products without the person’s consent;
  3. Affiliate will not attempt to mask the referring URL information;
  4. Affiliate will not comment negatively about or disparage the products or services of Dampp-Chaser or any other person or entity, including without limitation the products or services of a Damp Defender competitor;
  5. Affiliates will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames), or offering incentives to encourage purchases or signups.

Compliance with Laws

Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), data protection laws (including but not limited to the European Union General Data Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws. Affiliates are strictly prohibited from making claims concerning the products and services offered by Dampp-Chaser that are inconsistent with, or beyond the scope of marketing materials produced and made available by Dampp-Chaser on their website, www.dampdefender.com. Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device. Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to prospects in return for their response to an advertisement. Affiliates may, however, offer prospects information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the prospect. Dampp-Chaser retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws.

Opt-Out and Unsubscribing

Affiliates will comply promptly with all opt-out, unsubscribe, “do not call” and “do not send” requests. For the duration of this Agreement, affiliates will establish and maintain systems and procedures appropriate to effectuate all opt-out, unsubscribe, “do not call” and “do not send” requests.

Disclosure

On any website that Affiliate advertises any Dampp-Chaser service or product, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language, such as:

‍”Disclosure: I am an independent Dampp-Chaser Affiliate, not an employee. I receive referral payments from Dampp-Chaser for the Damp Defender product line. The opinions expressed here are my own and are not official statements of Dampp-Chaser.”

Paid Ads – Google Adwords

Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of Dampp-Chaser.

Social Media

If Affiliate advertises on Instagram or YouTube, then each post must comply with the FTC’s guidelines on endorsements with all of the following:

  • If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.
  • Income and Business Opportunity Claims. Affiliates are expressly prohibited from making any claims that the use of Fireflies will guarantee that the user will make money. If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using Damp Defender products or as an Affiliate, the following guidelines must be adhered to:
  • Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and
  • Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money.”
  • Affiliate is also expressly prohibited from making any express or implied claims that Fireflies is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.

Training and Support

Dampp-Chaser may make available to you, without charge, various webinars and other resources made available as part of our Affiliate Program. If Dampp-Chaser makes such resources available to you, you will encourage your sales representatives and/or other relevant personnel to participate in training and/or other certifications as we recommend and may make available to you from time-to-time. We may change or discontinue any or all parts of the Affiliate Program benefits or offerings at any time without notice.

Complaint Notification

Affiliate must notify Dampp-Chaser of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to support@dampp-chaser.com