Nest Designs Terms & Conditions for Publishers
Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program and products. These terms and conditions are written in plain terms intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Adherence to the terms and conditions provides that our Nest Designs affiliate program is sustainable and profitable for both ourselves and our affiliates. It is each Affiliate’s responsibility to ensure compliance at all times and each affiliate is solely responsible for the actions of employees, agents or contractors acting on that affiliate’s behalf. Thank you.
THIS IS A LEGALLY BINDING AGREEMENT. BY COMPLETING AND SUBMITTING THE ONLINE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
As used in the below Terms: (i) “We”, “us”, or “our” refers to Nest Designs and their website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Nest Designs properties located at www.NestDesigns.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the Nest Designs Affiliate Program.
After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program within a reasonable amount of time. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision. If we reject your initial application, you may reapply by modifying or resubmitting a new application for review and acceptance into the Program.
Your participating website(s) may not:
- Infringe on our or any other person’s or entity’s intellectual property, publicity, privacy or other rights.
- Violate any law, rule or regulation.
- Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links and materials will be made available to you through the affiliate interface. Your acceptance in our program means you will agree to and abide by the following:
- You agree that you will only use linking code obtained from the affiliate interface without manipulation.
- All domains that use your affiliate link must be listed in your affiliate profile.
- You will comply with our requirements for removing Links and Licensed Materials on a timely basis. Any Links or Licensed Materials that promote deals or prices with an expiration date or that are time sensitive must be removed from your Properties upon expiration of the promotion or time period. We are not required to pay you any commission for sales made via a Link referencing an expired promotion or other deal. Failure to remove expired Links or Licensed Materials may lead to your termination as a Publisher in our sole discretion.
- You hereby agree that your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
- Cookie stuffing, pop-ups, false or misleading links are strictly prohibited. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
- Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is expressly prohibited and is a direct violation of the program terms.
- If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
- You may ONLY advertise coupon codes that are provided to you through the affiliate program or network.
- You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
- On click through, you must link directly to our website. Framing of our website is strictly prohibited.
- Cookie Stuffing: You must not mislead customers into clicking on an offer or coupon that does not exist or practice similarly deceptive tactics that are generally accepted as “cookie stuffing.” These include, but are not limited to:
- Using knowingly expired offers or presenting offers that do not exist or are not affiliate offers.
- Making claims that a user must click on a link first to activate or receive an offer.
- Presenting a button that claims to show all offers that sets the affiliate cookie in the background.
- Technology that generates a click or sets the cookie from the action of copying a coupon code or though a pop under.
Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined the words coupon, coupons, coupon code, promo code, etc and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitably of orders.
Affiliate agrees not to register or use any URLs and/or domain names which are considered by Merchant to be infringing the Merchant’s name or trademarks.. Affiliate agrees not to use, purchase or otherwise contract with a third party to exploit any of the Merchant’s marks or registered domain names, or any marks or domain names which may, in Merchant’s reasonable discretion, be confused with Merchant’s marks or registered domain names, including but not limited to misspellings of Merchant’s marks or registered domain names, whether in metatags or otherwise. Use of any of our trademarked terms, or misspellings of our trademarked terms, as part of the domain or sub-domain for your website is strictly prohibited.
You agree not to use or enable in connection with any Nest Designs website or affiliate link, or any website or link related or affiliated thereto, BHO’s (browser helper objects), downloadable reminder services, or any other software or code that pops-up or redirects the user.
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting such material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
- Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
- E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Nest Designs.
- E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.
REVERSAL & COMMUNICATION POLICY
Nest Designs takes pride in our very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy:
- You are not forthcoming, intentionally vague or are found to be lying.
- You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
- You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that they have the appropriate checks and balances in place to proactively address these issues and adhere to our program rules.
Any activities in violation of these terms shall be deemed a material breach of this agreement and may result in termination from the Nest Designs Affiliate Program.
Nest Designs will pay affiliates a percentage of online net merchandise sales (after applying discounts and before adding taxes and shipping). Nest Designs does not pay a commission on gift certificates.
- The Program Manager will pay to you all commission payments owed by us to you, which payment will be made in accordance with your Publisher Agreement entered into between you and the Program Manager. In the event the Program Manager makes a payment to you that did not take into account all applicable Deductions or that was otherwise incorrect, we may offset the Deductions against any commission payments we owe you from the next monthly payment schedule. If no future monthly commission payment is due, you will pay to Nest Designs all amounts you owe within thirty (30) days of receiving written notification thereof. We, or the Program Manager on our behalf, may provide such written notice.
- You agree that you will report and pay when due all income and other taxes payable by you in connection with the commission payments.
- You may terminate this Agreement at any time, with or without cause, by following the termination procedure provided through the Dashboard.
- Nest Designs may direct the Program Manager to terminate this Agreement immediately at any time for your breach of this Agreement or the Publisher Agreement with the Program Manager. Nest Designs may terminate this Agreement without cause for any reason upon 7 days’ notice. Termination will be effective on the earlier of the date that notice of termination is provided to you through the Dashboard or otherwise, or your access to the Dashboard is revoked.
- Upon termination, for purposes of reconciling commission payments owed to you against Deductions and other amounts owed by you to Nest Designs, if applicable, Nest Designs may withhold commission payments during the Reconciliation Period. We will pay to you any final commission payments following the close of the Reconciliation Period.
Last revision date October 2018