Affiliates / Referral Policy

This policy was updated on March 1, 2020.

1. Accepting these Terms

PLEASE READ THIS TERMS OF SERVICE CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE AND RELATED SERVICES. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THIS TERMS OF SERVICE, AND/OR USING ANY PART OF THE SERVICES PROVIDED BY OR THROUGH THIS WEBSITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THESE TERMS AND CONDITIONS, WHICH INCLUDES A LIMITED LICENSE, DISCLAIMERS OF WARRANTY, LIMITATIONS OF LIABILITY AND MANDATORY ARBITRATION OF DISPUTES AND CLASS ACTION AND JURY WAIVERS. IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL HAVE NO LICENSE TO USE THIS WEBSITE OR ANY RELATED SERVICES. 

This FitSwop affiliate program agreement (“Agreement”) is made by and between you (“you” or “Affiliate”) and FitSwop, LLC (collectively, “FitSwop,” “we,” “our,” or “us”). This Agreement sets forth the terms and conditions applicable to your participation in FitSwop’s affiliate program (the “Program”).

This policy is a part of our Terms of Service. By accepting the terms of this Agreement and submitting an application to participate in the Program you agree to be bound by the terms and conditions of this Agreement and our Terms of Service.

This Agreement was published on January 1, 2020.  All Affiliates who joined the Program prior to, on, or after January 1, 2020 are subject to the terms set forth in this Agreement. 

2. Registration

To be eligible to participate in the Program, you must agree to the terms herein and register to use the Program (https://fitswop.com/affiliate-register/).  FitSwop will notify you if we accept or reject your application.  FitSwop must accept your application before you may develop any promotions.

Participation in the Program may be limited to affiliates located in certain countries and is void where prohibited by law. FitSwop reserves the right to approve or reject any application to join the Affiliates Program for any reason without any compensation to you.

To be eligible for our Affiliates Program, you must:

  • Have a website with a URL – all unique sites and URLs must be approved separately by FitSwop;
  • Declare the names of any FitSwop shops you own or are closely related to (if applicable) to FitSwop’s Affiliate team via email;
  • Inform FitSwop’s Affiliate team via email of any FitSwop shops you register or become involved in after becoming an approved Affiliate;
  • Provide FitSwop with and maintain complete and accurate information about you (including your payment and tax information) and your promotions during your participation in the Program. FitSwop has the right to confirm or verify the truth and accuracy of your registration and account information at any time in its sole discretion.

 

The following types of websites are prohibited from participating in the Affiliates Program:

  • “Cash-back” or voucher sites (websites that offer rewards for buying goods through referral links);
  • Price comparison sites;
  • Advertising networks (online networks that sell or place advertisements);
  • Sites using “pop-ups” or “pop-unders” (websites that launch “pop-up” or hidden windows on users’ browsers);
  • Social sharing sites, forums, social media pages, and registries;
  • Sites with content related to sexual, religious, political or other sensitive matters

 

FitSwop sellers are eligible for the Program but are not eligible to earn commission on sales from their own shops or from closely related shops. Closely related shops are shops in which a FitSwop seller has a financial interest or that have a material connection with the seller’s own shop.

Depending on where you are located, you may be subject to varying regulations regarding endorsements and testimonials. In the United States, the Federal Trade Commission outlines specific requirements regarding disclosure. It is the affiliate’s responsibility to know and follow any applicable regulations that apply to their site. FitSwop is unable to provide legal advice; we urge you to speak to a legal expert if you believe these or other regulations may apply to you.

FitSwop’s Affiliate team can be reached at the following email address: [email protected].

3. Qualifying Sales, Referrals, and Commissions

Qualifying Sales

Qualifying sales are sales made on FitSwop by customers that arrived on the FitSwop site by clicking an approved link on an Affiliate’s site (an “Affiliate Link”) and pay by credit or debit card, or PayPal. Affiliate links can be found or generated on the Platform. Affiliates may not alter any of the links made available through the Platform in order to receive payment.

If the customer’s last click prior to making the purchase was a paid channel, such as Google PPC, the purchase will not be a qualifying sale and an Affiliate will not receive a commission.

FitSwop has the right to change any existing details with respect to qualifying sales and commission at any time and without notice.

Affiliate Commission for Qualifying Sales

Subject to other provisions in this Agreement you will be compensated with an Affiliate commission for each qualifying sale. There may be exceptions to the percentage of commission for certain Affiliates or certain circumstances.

The Affiliate commission may change at any time and without notice. Our rate sheet can be found here.

Commissions will be calculated based on FitSwop’s tracking data at the end of each month, which is definitive and shall control in the event of any tracking dispute.

Commissions are calculated by multiplying the relevant commission rate and the price of the qualifying sales (excluding shipping costs and taxes). Commissions are not paid on sales that are canceled or returned.  R

Qualifying Referral

Qualified referrals mean sellers referred by you to FitSwop who: (1) apply for and are accepted as a seller on the Platform using your unique referral tracking link; (2) within sixty (60) of being accepted as a seller, create and publish a qualified product; and (3) within one (1) year of being accepted as a seller, make a qualified sale of one (1) qualified product.

Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred seller will be deemed to have made a Self-Referral. Referral commission and any earnings associated with this type of Self-Referral will not be paid. FitSwop, in its sole discretion, will determine the classification of any referral as a Self-Referral.

Referrals made to existing FitSwop customers will be considered “Existing Seller Referrals”.  You will not receive referral commission for an Existing Seller Referral.  FitSwop, in its sole discretion, will determine the classification of any referral as an Existing Seller Referral.

FitSwop has the right to change any existing details with respect to qualifying referrals and commission at any time and without notice.

Referral Commission for Qualifying Referrals

Subject to other provisions in this Agreement you will be compensated with a Referral commission for each qualifying sale made by a qualifying referral, for one (1) year after the referred seller being accepted as a seller. There may be exceptions to the percentage of commission for certain Affiliates or certain circumstances.

The Referral commission may change at any time and without notice. Our rate sheet can be found here.

Commissions will be calculated based on FitSwop’s tracking data at the end of each month, which is definitive and shall control in the event of any tracking dispute.

Commissions are calculated by multiplying the relevant commission rate and the price of the qualifying sales (excluding shipping costs and taxes). Commissions are not paid on sales that are canceled or returned.

4. Payments & Tracking

Payments

FitSwop will issue to you any positive balance in your account for sales reported for the previous month, so long as your account balance exceeds the required minimum account balance of $25 USD. The number or amount of sales, credits for payments and debits for chargebacks as calculated by FitSwop shall be final and binding on you. You shall only be paid once for each qualifying sale.

Payments shall be made in USD, and made via PayPal. 

Tracking, Reporting, and True-Up Payments

For FitSwop to track qualifying sales, you must include and maintain the Affiliate Link provided to you by FitSwop within your promotions. You may not modify the Affiliate Link in any promotions.

FitSwop may provide you with access to tracking and reporting tools and other support services. Data from such tools and services are not available on a real-time basis and may have reporting delays.

If an end user has clicked on multiple Links from different Affiliates prior to a qualifying sale (resulting in multiple cookies placed on the end user’s computer), FitSwop shall only compensate the Affiliate whose Link was the last clicked by the end user so long as the applicable Advertiser did not conduct any promotional activities (a) subsequent to such click and prior to the qualifying Sale and (b) that would have placed a cookie overwriting the cookie from the last Affiliate’s Link.

Although FitSwop strives to track all qualifying sales accurately, there may be instances where FitSwop fails to track all qualifying sales.

In cases where FitSwop discovers that we have failed to capture all qualifying sales, FitSwop shall strive to determine the discrepancies between intended and actual qualifying sales and conduct true-up payments. If FitSwop deems appropriate, we may design a methodology for calculating true-up payments in FitSwop’s sole discretion.

Non-Payment, Withholding, Reversal and Chargebacks

Notwithstanding anything to the contrary herein, FitSwop shall have no duty to pay you for qualifying sales during any current or previous month when you were in breach of this Agreement or if FitSwop in its sole discretion, has reason to believe that you or your Agent(s) have breached this Agreement or have engaged in potentially fraudulent activities.

FitSwop may debit your account in an amount equal to a payment previously made to you or a compensation that has been credited to your account, but has not been paid yet, if FitSwop determines in its sole discretion that there has been (a) duplicate entry or other clear error; (b) non-bona fide sales or other fraudulent activity; (c) a breach of, or other failure to complete or reversal of the qualifying sales; or (d) failure to comply with any terms of this Agreement. FitSwop may apply a chargeback to your account at any time, including previous payment cycles.

FitSwop will make all commercially reasonable efforts to pay any positive balance that is due to you. In certain circumstances, based on FitSwop’s records, it may not be possible for FitSwp to pay you because for a period of 12 months or more: (a) your account has been inactive, meaning that you have not logged into your account or you have not accepted funds, payments or other amounts that FitSwop has attempted to pay or deliver to you; (b) FitSwop has been unable to reach you, or has not received adequate payment instructions from you, after contacting you at the email address shown in FitSwop’s records; or (c) you have not generated the minimum amount of commissions to qualify for payment. In these circumstances, FitSwop may, without further notice to you, turn the unpaid or undelivered amounts over to the applicable regulatory authorities in accordance with Applicable Law.

5. Taxes

In order to receive payments for earned commissions, you must provide FitSwop a completed Form W-8 or Form W-9, as instructed by FitSwop. You are responsible for any and all tax liabilities, including, without limitation, income tax liabilities, that arise from or in any way relate to any commissions paid out to you by FitSwop.

6. Term and Termination

The term of this Agreement begins when you accept the terms of this Agreement at registration and shall continue until terminated in accordance with the terms of this Agreement. FitSwop’s rejection of your application automatically terminates the Agreement.

If you no longer consent to be contacted or wish to leave the program, you must send an email to [email protected]. You may terminate this Agreement upon three (3) days’ written notice.

This Program may be discontinued at any time.

Upon termination FitSwop will deactivate all accounts that are linked to you as a participant in the Program. You shall no longer accrue payments in your account, including but not limited to subsequent qualifying sales where the clicks on the Links occurred prior to termination. If FitSwop terminates this Agreement for cause, you may not register for the Program again or participate in the Program as an Agent for another Affiliate.

Upon termination of this Agreement, FitSwop will pay any outstanding payments to you within ninety (90) days of the termination date, and you must pay us any outstanding debit balance within thirty (30) days of the termination date. Upon termination of this Agreement, you must immediately remove all promotions. Provisions of this Agreement that by their nature and context are intended to survive the termination of this Agreement (e.g. audit, confidentiality, indemnification, limitation of liability, misc., etc.), shall survive the termination of this Agreement to the extent that and as long as is necessary to preserve a party’s rights under this Agreement that accrued prior to termination.

FitSwop reserves the right to remove Affiliates from the Program and refuse service to anyone, for any reason, at any time.

7. Social Media and Sharing

Affiliates may only post affiliate links on social media feeds they operate in line with their website URL, such as Instagram, Facebook, or Twitter. Affiliate links are prohibited on some social sharing sites, such as Pinterest and Tumblr. When posting content outside of FitSwop, it is the Affiliate’s responsibility to follow each site’s policies on affiliate links.

8. Responsibility for Your Site

You are solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. FitSwop disclaims all liability for your site, for your social media content, and for any of your users’ claims relating to your site, and you agree to defend, indemnify, and hold FitSwop harmless from and against all claims relating to your site.