Affiliate Program Terms & Policies
The Mama Chick (TMC) Affiliate Program Terms and Conditions
We have written the following affiliate agreement to help protect our Mama Affiliates, as well as to protect our company. So please bear with us as we take you through this legal formality!
Please read the entire agreement carefully and print this page for your records.
This is a legal agreement between you and The Mama Chick, LLC.
The Mama Chick’s Affiliate Program agreement Definitions:
"We", "Our", "Us", “The Mama Chick. LLC”- "The Mama Chick",(collectively, "The Mama Chick")
"You", "Your" and "Affiliate(s)"- the business, individual or entity applying for participation in the The Mama Chick Affiliate Program, or that displays our products and/or promotions on its website, social media and/or through offline representation through the affiliate tracking code/link in exchange for receiving payment from The Mama Chick for sales resulting from such display.
"Affiliate Platform"- the Affiliate's website or social media, which displays The Mama Chick Products and/or promotions.
"The Mama Chick Products and Services"- Apparel and related products that are available for purchase through TheMamaChick.com.
"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 The Mama Chick under and in accordance with this agreement.
"Qualified Purchase"- a sale of The Mama Chick Products by The Mama Chick, to a referred customer which meets the criteria set forth in Section H hereof.
"Referred Customer"- each new and unique customer referred from Affiliate through a link or code (defined in Section B below) provided by or approved by Us, which meets the criteria set forth in Section H hereof.
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.
By submitting your application, you agree:
- That all information provided in your application is complete and accurate
- To abide by the terms and conditions of The Mama Chick (TMC) Affiliate Program until your have terminated your account
- To advertise for commission on behalf of The Mama Chick (TMC) LLC
- The Mama Chick LLC will be solely responsible for approving or rejecting your acceptance into The Mama Chick Affiliate Program
This agreement contains the complete terms and conditions that apply to you becoming an affiliate in The Mama Chick's Affiliate Program. The purpose of this agreement is to allow commission payments for sales referrals. Please note that throughout this agreement, "we," "us," and "our" refer to The Mama Chick, and "you," "your," and "yours" refer to the affiliate.
B. Affiliate Obligations
To complete the application process, you must complete the online form via Affiliatly.com. Once your application is approved, we may cancel your application if we determine that you and/or your social media are unsuitable for our program, including (but not limited to) if it:
- Promotes sexually explicit materials
- Promotes violence
- 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
- 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.
As a member of The Mama Chick Affiliate Program, you will have access to our Affiliate Account Manager via Affilaitly. Here you will be able to review our Program’s details, access your unique affiliate link and code, and download banner creatives. In order for us to accurately keep track of all guest visits you refer, you must use the link or affiliate code we provide you with.
In order to be a TMC Affiliate, you will need to create a log-in and password. The account will be used to track and monitor sales to pay commissions payments. The duration of The Mama Chick (TMC) Affiliate Program agreement begins when you submit your application and is terminated once you close your The Mama Chick (TMC) Affiliate Program account or are removed from the program.
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 in 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.
C. The Mama Chick Rights and Obligations
We will be responsible for providing all information necessary to allow you to make appropriate links from your site to our site and to refer customers using a code unique to you. The Mama Chick will solely be responsible for order processing for orders/qualified purchases placed by a referred customer from your site or code, for tracking the volume and amount of qualified purchases generated by your site, and for providing information to Affiliates regarding qualified purchases statistics. The Mama Chick will be solely responsible for all order processing, including but not limited to payment processing, cancellations, refunds and related The Mama Chick products. Any determination made by The Mama Chick regarding the foregoing shall be binding absent manifest error.
We have the right to monitor your site/page 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/page that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further 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 in a reasonable amount of time, we reserve the right to terminate your participation in The Mama Chick Affiliate Program.
The Mama Chick reserves the right to terminate this agreement and your participation in The Mama Chick Affiliate Program immediately and without notice to you should you commit fraud in your use of The Mama Chick Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, The Mama Chick shall not be liable to you for any commissions for such fraudulent sales.
This agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
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, email or fax. In addition, this agreement will terminate immediately upon any breach of this agreement by you.
We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and The Mama Chick’s Affiliate Program rules. If any modification is unacceptable to you, you may end this agreement. Your continued participation in The Mama Chick’s Affiliate Program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.
F. Promotion of Our Affiliate Relationship
You may not create or design your website, social media pages or any other platform that you operate, explicitly or implied in a manner which resembles our website and social media pages nor design your website in a manner which leads customers to believe you are themamahcick.com or any other affiliated business.
You are not allowed to post any refunds, credits or discounts, or other content concerning The Mama Chick, unless we have given you prior written permission in each instance. Affiliates may only use coupon codes and discounts that are provided exclusively through the Affiliate Program using banners, links and codes. Each link connecting users of your site to the pertinent area of our site will in no way alter the look, feel, or functionality of our site. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this agreement, and may result in your termination from the program or withholding of commissions.
You agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer's knowledge. (example: iframe). Any information with respect to us that is going to be displayed on your site must be provided by us and expressly approved by us in writing in advance of any display.
Affiliates will be paid a 10% commission on all qualified sales by a referred customer using your unique code, which occur during the month for which such the commission is being calculated. The Mama Chick issues all payments via PayPal based on the current information in your Affiliate profile.
Commission fees will be processed approximately 15 to 20 days after the end of the month in which they accrued as set forth below.
Commissions will accrue and only become payable once you:
- Provide all relevant tax and address documentation pursuant to Section J below and
- Reach accrued commission level of $30 (the "Commission Threshold") based on the commission rates stated on the The Mama Chick website. The Mama Chick reserves the right to change the Commission Threshold by amending this agreement and will notify you for any such amendment pursuant to the terms of this agreement.
The Mama Chick is not responsible for any third-party fees charged by PayPal, bank or other financial institute used to receive Affiliate Commission Fees.
The Mama Chick, in its sole discretion, reserves the right to modify the terms of this Commission payment method or schedule at any time. Such changes shall take effect when posted.
Disputes: Affiliate has access to The Mama Chick's real-time Affiliate Program statistics and activity and specifically agrees to file any tracking or commission disputes as well as any other disputes and discrepancies within 45 days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after 45 days of the date on which the qualified purchase occurred will not be accepted by The Mama Chick and Affiliate forfeits forever any rights to a potential claim.
H. Commission Determination
Under the Affiliate Program, you will be paid a commission fee for each qualified purchase by a referred customer that you refer to The Mama Chick under and in accordance with the terms of this agreement. Each Referred Customer and each qualified purchase must meet the following criteria (the "Criteria"):
- Each Referred Customer must be a new and unique visitor to The Mama Chick website.
- Each Referred Customer must make a qualified purchase, and provide a valid payment for the purchased The Mama Chick products. To generate a commission fee for you, each sale (at the time the commission fees are processed) must not have been subject to a refund, credit, cancellation, suspension or chargeback.
- The Mama Chick reserves the right to withhold initial Commissions Fees for Affiliates who are new to the Affiliate program, or who have commissions that are potentially fraudulent as determined by The Mama Chick in its sole discretion, to determine the legitimacy and cancellation rates of referred customers.
- The Mama Chick reserves the right to suspend payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms in this agreement by the Affiliate or a Referred Customer(s).
- The Mama Chick reserves the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases from The Mama Chick. Where no subsequent commission fee is due and owing, The Mama Chick will send affiliate a bill for the balance of such refunded purchase upon termination of the program or termination of the referred customer.
The Mama Chick, in its sole discretion, reserves the right to withhold indefinitely any Commission Fee, and/or to reverse, deny or reject any Commission Fee, for:
- All commissions generated for accounts that may be fraudulent, including but not limited to the use of software that generates real and fictitious information.
- 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) to assess referrals.
- Altering links in any way
- Affiliates whom we believe may be artificially submitting referred customers, engaging in the advertisement of business-opportunity sites (as determined by The Mama Chick in its sole discretion), using marketing practices that we deem to be unethical or likely to attract fraudulent purchases.
The Mama Chick reserves the right to immediately cancel or withhold for later review any commission fee based on the foregoing or that otherwise fails to meet the criteria. It is the responsibility of the Affiliate to monitor the payment, denial and withholding of commission fees; The Mama Chick is not obligated to actively notify affiliates of the status of commission fees. If an Affiliate has a question about a commission fee that has been cancelled or withheld, that Affiliate has 30 days from the day the payment was due to contact The Mama Chick to discuss or reclaim the commission fee. Any changes to decisions about cancelled or withheld commission fees are strictly at The Mama Chick's discretion.
In the event that the Referred Customers that are referred to The Mama Chick by a specific Affiliate are determined to have an excessive cancellation rate (as determined by The Mama Chick in its sole discretion), The Mama Chick reserves the right to withhold or decline pending and future commission fees for the Affiliate.
Any attempt by an Affiliate to manipulate, falsify or inflate referred customers, qualifying purchases or commission fees to intentionally defraud The Mama Chick or violation of any of the terms of this agreement constitutes immediate grounds for The Mama Chick to terminate this agreement and will result in forfeiture of any Commission Fees due to you.
I. Policies and Pricing
Referred Customers who buy The Mama Chick products and services through the Affiliate Program will be deemed to be Our Customers. Accordingly, all of our rules, policies, and operating procedures concerning The Mama Chick orders, The Mama Chick service, and The Mama Chick products and sales will apply to those Customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for The Mama Chick products and services sold under the Affiliate Program in accordance with our own pricing policies. Prices and availability of The Mama Chick products may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect sales you refer, and information shared on your personal platforms (social media and website) you may or may not be able to include price information in your descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. Please note that all commissions will be 10% of the price of the product at the time it was sold. For example, if a product is sold during a sale, the commission will be 10% of the sale price.
J. Taxes/Address Changes
It is your responsibility to provide The Mama Chick with accurate tax and payment information that is necessary to issue a commission fee to you. By law, we are required to collect a W9 form from you if your commission payments are $600 or greater in a calendar year. When you reach $500 in paid commissions for the calendar year, we will request that you submit a W9 form. If The Mama Chick does not receive the form by the time you reach $599 of commissions for the calendar year, commissions will be withheld until the form is received.
You are responsible for the payment of all taxes related to the commissions you receive under this agreement. In compliance with U.S. tax laws, The Mama Chick will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold of $600.
You are responsible for informing The Mama Chick 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 The Mama Chick's ability to issue a valid Commission payment and 1099.
K. Access to Affiliate Account Interface
Upon acceptance into the program, you will create a password so that you may enter The Mama Chick’s secure affiliate account interface via Affiliatly. From their site you will be able to review your performance and receive your reports that will describe our calculation of the commissions due to you.
L. Order Processing
We will process orders placed by referred customers who use your unique link or code to purchase. All aspects of order processing and fulfillment, including cancellation, processing, refunds and payment processing will be our responsibility. We will track the qualified purchases generated by your link or code and will make this information available to you through our affiliate platform. To permit accurate tracking, reporting, and commission accrual, you must ensure that the proper link/code is provided to the customers you intend to refer.
M. Promotion Restrictions
You are free to promote your own websites, but naturally any promotion that mentions The Mama Chick 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 The Mama Chick. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and 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 The Mama Chick so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote The Mama Chick so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from The Mama Chick. 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 the The Mama Chick Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
N. Licenses and Use of the The Mama Chick™ Logo, Trademarks & Shirt Designs
- All apparel designs of The Mama Chick are protected under U.S. copyright laws and copying of our designs is strictly prohibited without our written consent.
- We grant you a non-exclusive, non-transferable, revocable license to (i) access our site through the links solely in accordance with the terms of this agreement and (ii) solely in connection with such links, to use the The Mama Chick 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 The Mama Chick Products 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 of the The Mama Chick Affiliate Program.
- You shall not make any specific use of any Licensed Materials for purposes other than selling The Mama Chick Products, without first submitting a sample to us and obtaining the express prior written consent of The Mama Chick. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays The Mama Chick, any hosted member of The Mama Chick or any The Mama Chick employee or representative in a negative light. We reserve all of our rights in the licensed materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice. If not revoked, this license shall terminate upon expiration or termination of this agreement.
- You grant to us a non-exclusive license to utilize your names, titles, logos, and social media photos 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.
O. 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 The Mama Chick’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 The Mama Chick, 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/social media, 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 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.
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 The Mama Chick. 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.
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.
This agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia without regard to the conflicts of laws and principles thereof.
You may not amend or waive any provision of this agreement unless in writing and signed by both parties.
This agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
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.
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.