These Affiliate Program Terms and Conditions (“Agreement”) govern the relationship between PibuMate.com (“PibuMate,” “Company,” “we,” “us,” or “our”) and you, the applicant or Affiliate (“Affiliate” or “you”). By submitting an application to the PibuMate Affiliate Program or by participating in the program, you expressly agree to be bound by these terms and conditions.
1. Enrollment in the Program
To become a PibuMate Affiliate, you must submit a completed Affiliate Program Application. Please note that participation in this program is by invitation or manual selection and approval by PibuMate, primarily for User Generated Content creators (UGCs). We reserve the right, in our sole discretion, to accept or reject any application for any reason, or no reason.
Upon acceptance into the program, this Agreement will commence and remain in effect until terminated in accordance with Section 8 herein.
2. Definitions
- Agreement: These Affiliate Program Terms and Conditions, the completed Affiliate Program Application, and our acceptance thereof.
- Affiliate: The individual or entity accepted into the PibuMate Affiliate Program.
- Affiliate Application: The online form submitted by an applicant seeking to join the Affiliate Program.
- Affiliate Link: The unique URL(s) provided by PibuMate to the Affiliate for linking from the Affiliate’s promotional content to PibuMate.com.
- Affiliate Program: The program offered by PibuMate allowing Affiliates to earn Commissions for referring New Customers to PibuMate.com via their Affiliate Link.
- PibuMate.com: The Company’s e-commerce website.
- Eligible Purchase: A completed sale of a product on PibuMate.com by a New Customer who accessed the site via the Affiliate Link, which is not subsequently returned, cancelled, or determined to be fraudulent within the applicable return/refund period. At present, no specific products are excluded from qualifying as Eligible Purchases.
- New Customer: A customer who has not previously made a purchase on PibuMate.com.
- Commission: The percentage of the Net Purchase Amount earned by the Affiliate from Eligible Purchases generated through their Affiliate Link.
- Net Purchase Amount: The total purchase price of an Eligible Purchase, excluding shipping charges, taxes, discounts, returns, and fraudulent transactions.
- Program Website: The section of PibuMate.com providing information about the Affiliate Program and potentially access to an affiliate dashboard.
3. Affiliate Responsibilities
As a PibuMate Affiliate, you agree to:
- Promote PibuMate.com and its products using the provided Affiliate Link in a manner consistent with this Agreement.
- Ensure all information provided in your Affiliate Application and kept in your affiliate profile is accurate and up-to-date, including contact and payment details.
- Comply with all applicable federal, provincial, state, territorial, and local laws, regulations, and industry guidelines related to advertising and marketing in the jurisdictions where you promote PibuMate, including but not limited to those concerning endorsements and testimonials (e.g., FTC guidelines in the United States, Competition Act in Canada). While PibuMate does not currently mandate specific disclosure language for your affiliate relationship, you are solely responsible for understanding and complying with any legal obligations regarding disclosure that apply to you.
- Utilize Affiliate Links correctly and exclusively for directing traffic to PibuMate.com.
- Refrain from modifying our intellectual property or marketing materials unless explicitly authorized by PibuMate. At this time, PibuMate does not impose specific restrictions on the general content you create when promoting our products, nor does it provide specific brand guidelines or restrict the modification of provided creatives, unless otherwise communicated for specific campaigns.
4. Prohibited Activities
Affiliates are strictly prohibited from engaging in the following activities:
- Making false, misleading, or deceptive claims about PibuMate or its products.
- Sending unsolicited commercial electronic messages (spam) containing Affiliate Links or related promotional content.
- Using the PibuMate brand name, or any confusingly similar variations or misspellings thereof, in domain names, social media handles/usernames, profile names, or other online identifiers.
- Bidding on PibuMate brand keywords, or any confusingly similar variations or misspellings, in search engine marketing or paid advertising campaigns.
- Direct linking from paid advertisements to PibuMate.com without explicit prior written permission from PibuMate.
- Promoting coupon codes or discounts not specifically authorized and provided to you for the Affiliate Program.
- Employing cookie stuffing or any other technology that attempts to place an affiliate tracking cookie without a genuine click initiated by the user.
- Creating websites, social media profiles, or other online presences that could impersonate or be mistaken for the official PibuMate presence.
- Promoting PibuMate on websites or platforms containing illegal, harmful, defamatory, obscene, discriminatory, or otherwise objectionable content.
- Using your own Affiliate Link to make purchases for yourself.
- Offering incentives (e.g., cash back, rewards) to users for clicking Affiliate Links or making purchases, unless explicitly approved in writing by PibuMate.
- Using any form of spyware, malware, virus, worm, “bot,” or other malicious or intrusive software or code that could harm or interfere with PibuMate’s website, tracking mechanisms, or users’ devices and data.
- Any other activity that PibuMate deems, in its sole discretion, to be inconsistent with the brand’s reputation or the integrity of the Affiliate Program.
Engagement in any prohibited activity may result in immediate termination from the program and forfeiture of any accrued Commissions.
5. Commissions and Payment
- Commission Rate: Affiliates earn a percentage Commission on the Net Purchase Amount of Eligible Purchases generated through their unique Affiliate Link. The current Commission Rate will be provided upon acceptance into the program and will be accessible via the Affiliate dashboard. PibuMate reserves the right to modify the Commission Rate with prior notice to Affiliates.
- Single-Tier Structure: This is a single-tier program. Commissions are earned only on direct sales referred by you. There are no commissions earned from referring other individuals to the program or on sales generated by them.
- Tracking: Commissions are tracked using cookies with a duration of 30 days. An Eligible Purchase qualifies for a commission if it is made by a New Customer within the cookie duration period following their click on your Affiliate Link, provided no subsequent advertising or affiliate link was clicked.
- Eligible Purchases: Commissions are paid solely on Eligible Purchases made by New Customers. At this time, no specific products are excluded from earning commissions.
- Payment Threshold: Commissions will accrue and be paid out once the minimum payout threshold of $50 is reached.
- Payment Schedule: Commissions are typically processed and paid on a monthly basis, approximately 30 days after the end of the month in which the Eligible Purchases were made. This delay accommodates potential returns and order verification. Payments are contingent upon reaching the Payment Threshold.
- Payment Method: Payments will be issued via PayPal or Interac E-Transfer for Canadian Residents. The Affiliate is solely responsible for any and all transaction fees, processing fees (e.g., PayPal fees), or bank charges associated with receiving Commission payments from PibuMate.
- Reporting: Affiliates can monitor their performance, including clicks, conversions, and estimated commissions, through the provided Affiliate dashboard.
- Adjustments: PibuMate reserves the right to adjust earned Commissions in cases of returns, cancellations, fraudulent activity, chargebacks, or any other violation of this Agreement.
6. Intellectual Property
All content and materials on PibuMate.com, including text, images, logos, trademarks, trade names, and other intellectual property (“PibuMate IP”), are the exclusive property of PibuMate or its licensors and are protected by applicable intellectual property laws.
Subject to the terms herein, PibuMate grants the Affiliate a limited, non-exclusive, non-transferable, revocable right to use PibuMate’s approved trademarks, logos, and marketing materials solely for the purpose of promoting PibuMate in accordance with this Agreement. The Affiliate shall not alter, modify, or misuse PibuMate IP. The Affiliate shall not use PibuMate IP in a manner that is likely to cause confusion, misrepresent the relationship between the parties, or damage PibuMate’s goodwill or reputation. As specified in Section 4, the use of PibuMate’s brand name or variations in domain names, social media handles, or paid advertising is strictly prohibited.
7. Disclaimer of Warranties and Limitation of Liability
PibuMate makes no express or implied warranties or representations with respect to the Affiliate Program, PibuMate.com, or the products sold thereon, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement. PibuMate does not warrant that the Affiliate Program, PibuMate.com, or tracking functions will be uninterrupted, error-free, or free from harmful components.
PibuMate shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or in connection with this Agreement or the Affiliate Program, even if PibuMate has been advised of the possibility of such damages. PibuMate’s total aggregate liability arising out of or related to this Agreement shall not exceed the total Commission fees paid to the Affiliate during the six (6) months immediately preceding the date of the event giving rise to the claim.
8. Term and Termination
This Agreement commences upon acceptance of the Affiliate’s application and continues until terminated.
- Termination by Affiliate: The Affiliate may terminate this Agreement at any time by providing written notice to PibuMate.
- Termination by PibuMate: PibuMate may terminate this Agreement at any time, with or without cause, immediately upon written notice to the Affiliate. Cause for termination by PibuMate includes, but is not limited to, any violation of this Agreement by the Affiliate or conduct detrimental to PibuMate’s brand or the Affiliate Program.
- Effect of Termination: Upon termination, the Affiliate must immediately cease all use of Affiliate Links and PibuMate IP and discontinue all promotional activities related to PibuMate. The Affiliate will be eligible to receive Commissions only on Eligible Purchases that occurred prior to the effective date of termination. Any accrued Commissions below the Payment Threshold at the time of termination shall be forfeited.
9. Indemnification
The Affiliate agrees to indemnify, defend, and hold harmless PibuMate, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:
- The Affiliate’s participation in the Affiliate Program.
- Any breach of this Agreement by the Affiliate.
- Any claims related to the Affiliate’s website, social media channels, or other promotional content.
- The Affiliate’s failure to comply with any applicable laws or regulations, including but not limited to disclosure requirements.
- Any use of spyware, malware, or other prohibited software by the Affiliate.
10. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles.
Any dispute, controversy, or claim arising out of or relating to this Agreement shall be brought exclusively in the courts located in Ontario, Canada. The Affiliate hereby consents to the exclusive jurisdiction of these courts.
11. Miscellaneous Provisions
- Entire Agreement: This Agreement constitutes the entire agreement between PibuMate and the Affiliate concerning the Affiliate Program and supersedes all prior and contemporaneous agreements, understandings, and representations.
- Modifications: PibuMate reserves the right to modify these terms and conditions at any time by posting the revised terms on the Program Website. The Affiliate’s continued participation in the Affiliate Program after the posting of the revised terms constitutes acceptance of the modifications.
- Relationship of the Parties: The relationship between PibuMate and the Affiliate is that of independent contractors. Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, franchise, sales representation, or employment relationship. The Affiliate has no authority to make any representations or commitments on behalf of PibuMate.
- Assignment: The Affiliate may not assign or transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of PibuMate.
- Waiver: The failure of PibuMate to enforce any provision of this Agreement shall not constitute a waiver of that provision or the right to enforce it later.
- Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
By submitting your Affiliate Program Application or participating in the program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.