Kimberbell Shop Affiliate Program
Terms & Conditions
The following Terms & Conditions (“Terms”) govern your (“Affiliate”) participation in the Kimberbell Shop Affiliate Program (“Program”) offered by Kimberbell Kids L.L.C. (“Company”).
By applying to and/or enrolling in the Program, Affiliate agrees to the Program terms and conditions.
1. SCOPE OF SERVICES
1.1. The Company will provide a custom URL to the Affiliate to use to direct potential customers to purchase products and/or services.
1.2. The Affiliate’s custom URL will remain active until termination of program participation by either party, as outlined in Section 3 of the Terms.
1.3. The Affiliate will use its best efforts to actively and effectively advertise, market and promote the Services as widely and aggressively as possible.
2. COMMISSION
2.1. The Company shall pay the Affiliate a commission based on the Net Revenue generated from new and existing customers directed by the Affiliate’s efforts through the Affiliate’s provided link. The “Net Revenue” shall be defined as: the monthly fees paid by customers directed by the Affiliate, less any chargebacks (credit card refunds), credits given to customers, processing fees, and sales tax.
2.2. The commission rate by product category will be:
2.2.1. 20% of Net Revenue for Digital Products
2.2.2. 7% of Net Revenue for Stabilizers, Embellishments, Blank
2.2.3. 5% of Net Revenue for Design CDs and Tools.
2.3. Commission will not be paid on sales taxes, duties, shipping, or any other charges related to the sale of the Services.
2.4. The commission will be paid quarterly with a minimum payout of $20. If the Affiliate does not have a balance equal to or greater than $150, the balance will be applied to the next quarter. The Affiliate shall receive a quarterly report detailing commission amount and calculation of the commission.
2.5. The Company reserves the right to alter or change the commission amount and categories as per the Terms.
3. TERM AND TERMINATION
3.2 Program ParticipationEither party may terminate this Agreement at any time, with or without cause, by providing three (3) days’ written notice. Kimberbell may terminate this Agreement immediately, with or without cause, and with or without prior notice, in its sole discretion. Without limiting the foregoing, grounds for immediate termination may include, but are not limited to, the following:
- Violation of any provision of these Terms;
- Unlawful, fraudulent, misleading, or deceptive conduct;
- Conduct or public communications that, in Kimberbell’s sole judgment, may harm or negatively impact Kimberbell’s brand, reputation, goodwill, or business interests; or
- Behavior inconsistent with Kimberbell’s brand standards or community values.
3.3 Effect of Termination.Upon termination:
- Affiliate must immediately cease use of Kimberbell trademarks, marketing materials, and affiliate links;
- All rights granted under this Agreement will immediately terminate; and
- Affiliate will be entitled only to unpaid commissions earned on qualifying sales occurring prior to the effective date of termination. Kimberbell reserves the right to withhold or forfeit unpaid commissions in cases involving fraud, policy violations, or conduct resulting in reputational or legal risk.
4. BRAND CONDUCT AND PUBLIC REPRESENTATION
4.2 Public Communications.Affiliate shall not make any public statement or publish any content (including on social media or digital platforms) that:
- Is false, misleading, or deceptive;
- Is unlawful, defamatory, discriminatory, harassing, or obscene; or
- Could reasonably be expected to damage Kimberbell’s reputation or goodwill.
5. LIABILITY AND INDEMNITY
5.1. Each Party will indemnify, defend and hold the other Party harmless, including costs and attorneys’ fees, from any claim or action brought by a third party relating to the negligence, gross negligence, or intentional misconduct of the other Party.
5.2. Neither Party shall be liable to the other for any special, indirect, incidental, punitive, or consequential damages arising from or related to this Agreement.
5.3 The Company disclaims all liability with respect to the Affiliate Tool used to facilitate affiliate marketing.The Custom URLs are not promised to any Affiliate and can be given, revoked or changed at the Company’s discretion.
6. DATA PRIVACY AND PROTECTION
6.1. The Affiliate must comply with all data protection laws and regulations applicable to them in their handling of user data obtained in relation to this Agreement.
6.2. The Affiliate must not disclose, or allow any third party to access, any user data without the prior written consent of the Company.
7. CONFIDENTIALITY
7.1. Each party agrees not to disclose or use the other’s proprietary information without the prior written consent of the other party. This section shall remain in force even after termination of the Agreement.]
8. DISCLAIMERS
8.1. The Affiliate Tool relies on cookies to facilitate commissions and commission payouts. Cookies used as part of the Affiliate Tool have a set duration of forty-eight (48) hours.
7.2. The Affiliate is not entitled to commissions lost due to a potential customer clearing their cookies, shopping from a different browser or device, or any consumer behavior that does not use the Affiliate’s Custom URL.
8. ENTIRE AGREEMENT
8.1. The Terms constitute the entire agreement between the Parties concerning this transaction, and replaces all previous communications, representations, understandings, and agreements, whether verbal or written between the Parties to this Agreement or their representatives.