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Affiliate Terms of Service
Haute Stock Affiliate Program Terms & Conditions
We are so excited about your interest in becoming a Haute Stock Affiliate! Please fully review the Terms & Conditions of our program below so that you know what to expect every step of the way. These Terms & Conditions lay out all the things you can and cannot do, keeping us both legally protected. By applying to be an affiliate with our company you are agreeing to all of the following Terms & Conditions.
Recitals. Rachel & Co. Inc., an Alberta corporation operating as Haute Stock, will be referred to as "Company," "we," "us," "our" throughout these Terms & Conditions. The person or entity applying to become an Affiliate with our Company will be referred to as "Affiliate," "you," or "your" throughout. The Company and the Affiliate will collectively be referred to as "Parties," and each individually as a "Party."
Background. "Affiliate" describes many different types of promotional marketing relationships, including those with individuals, brands, companies, and other organizations. Once you are approved, you will be able to join our exclusive community of Affiliates and start promoting Haute Stock to your audience.
As an Affiliate, you agree to promote the Company's products and/or services in exchange for a predetermined commission on the sales you directly have a hand in generating. Once you are enrolled in our Affiliate Program, we will provide you with a unique link ("Affiliate Link") and/or code ("Discount Code"). The Affiliate Link is a hyperlink or web URL that contains cookies and other tracking identifiers that allow us to track the sales you help generate. When someone makes a purchase using your Affiliate Link and/or Discount Code, we are able to track and pay you a commission on that sale as detailed in this Agreement.
Eligibility to Participate in Program. Our Program is only open to approved Affiliates who are at least 18 years of age or older. You must have an active PayPal account in order to participate in our program and receive commission payments. You agree to provide us with any information necessary to verify your eligibility.
Commission + Payment Terms. Affiliate Commission ("Commission") rates are set by the Company. Commission is paid on new membership signups only. Recurring commissions on membership renewals do not apply. The percentage of commission may change at any time without notice. Total sale is based on the amount actually received by the Company. You are responsible for conversion rates and operating costs assessed by third-party payment processors such as PayPal.
We process Commission payments once per month, on the 15th of the month following the purchase, as this allows the refund period to be completed. All payments are made via PayPal as a payment for a good/service in United States Dollars (USD). Payments become due to Affiliate no sooner than the next calendar pay cycle after the sale is generated and finalized. You are responsible for any and all taxes owed on Commissions received. If there is a chargeback by the purchaser or a refund issued on the sale, your Commission will be charged back as well. Commission will not be paid for any referral that defaults. If any excess payment is made to you, we reserve the right to adjust or offset future earnings until the same has been repaid to the Company.
From time to time, we may offer additional promotions and other incentives to Affiliates to increase sales. We will communicate these promotions to Affiliates via email. Should you not receive the notification and miss the promotion, you will not be entitled to any increase in Commissions. We may at times offer specific incentives to certain Affiliates, which may include without limitation special discount codes or bonuses. We reserve the right to offer such specific incentives at our sole discretion.
Affiliate Link Intentions + Prohibited Uses. Your Affiliate Link and Discount Code are intended to be used for your referral audience only. You are not allowed to use your own Affiliate Link or Discount Code for any purchases you personally make and cannot register yourself as a referral.
As an Affiliate, your Affiliate Link and Discount Code should only be displayed on websites and assets — such as social media, blog posts, email newsletters, and more — that are owned and operated by you. You are not allowed to share or display your Affiliate Link or Discount Code on any third-party websites without prior written consent. You are not allowed to post your Affiliate Link or Discount Code on any asset not owned by you (for example, in the comments section of another person's social media page). In the event that a potential customer is interested in hearing more about our products and possibly making a purchase through you, please communicate with them directly and privately after you have express permission to send your Affiliate Link and/or Discount Code, as laid out in this Agreement.
Affiliate shall not engage in domain forwarding, page redirects, or cookie stuffing to direct purchasers to the Company's website. Affiliate cannot use purchased traffic or advertising campaigns to promote their Affiliate Link or Discount Code without prior written consent from Haute Stock.
Affiliate is responsible for their own expenses related to marketing Haute Stock and/or the Affiliate Program. Haute Stock will not reimburse Affiliate for any marketing expenses.
Affiliate Link + Tracking Technologies. You are required to make sure that your Affiliate Link, Discount Code, and any other applicable tracking technologies are working and configured correctly. If you have any issues configuring your link, please notify the Company immediately at affiliates@hautestock.co. The Company is not liable to you for missed or lost commissions due to your Affiliate Link or Discount Code not functioning properly. You acknowledge that Haute Stock is not responsible for untracked cookies or cookies that are not set due to private browsing, disabled, or rejected cookies.
Affiliate Contact Information. You are solely responsible for providing your complete and up-to-date contact information — including your full legal name, full mailing address, website URL, active PayPal email address, and any other information requested by the Company — and immediately updating the same in our system should any of this information change. Incomplete or inaccurate Affiliate information may result in commissions being rejected and/or payout being withheld until the required information is provided in full. Your delay in updating or providing correct information is grounds for us to terminate this Agreement as it can result in a delay of you receiving payment or us being able to reach you about important matters. You can update your information by emailing us at affiliates@hautestock.co.
Affiliate Login Credentials. Your login credentials (including your username and password) are unique to you and must be held as confidential, meaning they cannot be shared with any third party. You should be the only person logging into our system using these login credentials. You agree to indemnify and hold harmless the Company for any actions taken by someone using your username and password in our systems including, but not limited to, any data breach or other claims arising out of the use of your login credentials. The Company is not responsible for any loss you sustain as a result of stolen or misused Affiliate login credentials. You agree to notify the Company immediately upon first notice of any data breach or if your Affiliate login credentials have been stolen or misused.
Company Email Communication. By enrolling as an Affiliate, you agree to receive email communications from the Company including, but not limited to, information regarding Affiliate Programs and Payments, newsletters, and other marketing materials. It is your responsibility to ensure that you receive our emails and that they are included in your safe-sender list so they are not filtered to spam. You understand that if you unsubscribe from our Company's or subsidiaries' email list, you may no longer receive email communication regarding the Affiliate Program at all. You agree that you will be deemed to have received our communication if the communication is sent to the last email address you have on file with our Company.
Affiliate Assurances. You agree and understand that you are bound by all applicable laws regarding endorsement and advertising guidelines when promoting our Company. You must clearly state on any display of your Affiliate Link or Discount Code that you are an "Affiliate" and "may earn commission from qualifying purchases".
You also agree and understand that the Company has a zero-tolerance policy regarding spam and unsolicited bulk email. You must comply with all applicable laws prohibiting spam. A violation of this clause is considered a material breach of this agreement, meaning you will be immediately terminated as an Affiliate and forfeit all unpaid commissions as a result. It is up to the Company's sole discretion to determine what content or submission is considered "spam."
Code of Conduct. You agree to comply with the Code of Conduct described in Exhibit A, as well as any other policies provided to you by the Company.
Intellectual Property Usage. We may provide certain logos, text, images, videos, and other materials ("Assets") to facilitate your collaboration with us as an Affiliate of the Company.
You are allowed to:
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Use the Company's Assets that we provide to you for the sole purpose of promoting our products and/or services through this Affiliate Program. Any materials that are not specifically shared in this manner are not allowed to be used as promotion for this Program.
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Use the Company's Assets on your website or social media pages provided you adhere to the requirements in this Agreement.
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Use the Company's Assets in posts, captions, headers, or images on your website or social media platforms for the purpose of promoting our products and/or services in what would reasonably be considered good taste.
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Resize the Company's logos or images provided you maintain their original aspect ratio.
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Run social media ads on Facebook, Instagram, or Pinterest for the purpose of promoting our goods and services. Any social media advertising platforms not expressly permitted here will be subject to written approval by the Company before actions can be taken.
You may request additional brand Assets from us by contacting us at affiliates@hautestock.co.
You are not allowed to:
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Use the Company's brand name, including any variations, or Assets in the purchasing or naming of web domains, social media handles, pages, groups, profile pictures, promotional materials, or any variation. Affiliate may not register trademarks or URLs that contain "Haute Stock" or any other variation of our brand or domain.
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Use your Affiliate Link and/or Discount Code for the purpose of advertising through a search engine, pay-per-click campaign, on a third-party website, or through any other marketing channel not expressly permitted in this Agreement.
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Use foul language or profanity that would detrimentally harm the Company's brand image or business.
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Advertise or share our products and services or any Company Assets on any site that contains or promotes illegal activities, sexually explicit material, violence, racist, or discriminatory material.
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Create websites, landing pages, sales pages, or advertisements that copy or closely resemble the look of Haute Stock's website and services.
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Engage in any harmful, misleading, or unlawful marketing activities that may harm the reputation of Haute Stock.
You are required to:
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Make it reasonably clear that you are a third party endorsing and/or promoting our products and services.
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Use due diligence when promoting our products so you are not out of alignment with the core values or mission of our Company.
Intellectual Property Ownership. You understand and agree that the Company retains all rights, title, and interest to any Assets made available to you under this Agreement, including any business strategies, business practices, and all other proprietary information (collectively, the "Property") that may become known to you through your position as an Affiliate. Nothing in this Agreement transfers any Property ownership beyond the limited scope described in this section, and we reserve all rights not expressly granted to you. Permission to use our Property in a way that is consistent with the terms of this Agreement does not grant you intellectual property ownership in or the general right to modify the Property.
Affiliate Warranties. By entering into this Agreement, you acknowledge and agree that:
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You will participate in our Affiliate Program according to the terms and conditions in this Agreement;
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Your participation in this Affiliate Program does not and will not violate any rules, regulations, licenses, or other contractual agreements;
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You are not legally prohibited from entering into this Agreement;
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You have independently evaluated the desirability of participating in this Affiliate Program based solely on statements contained in this Agreement;
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The information you provide in connection with this Agreement is true and accurate.
No Company Warranties. The Company's website, its contents and related information, and products are provided on an "as-is" basis without any warranties, whether expressed or implied. The Company makes no warranty as to the accuracy and reliability of information on the website or in any Company-related documentation. We reserve the right to make changes to our product prices, commission rates, specifications, processes, promotions, and availability at any time.
No Guarantees of Income. While we hope this Affiliate relationship is fruitful for both Parties, we make no claims or guarantees as to the income you will generate or the financial gains you may receive as a result of your participation in this Affiliate Program.
Limitation of Liability. The Company is in no way liable to the Affiliate or any other third party for any and all damages, including but not limited to punitive or exemplary damages, relating to this Agreement or Affiliate Program, regardless of whether the Company was advised of such damages. As an Affiliate, you are solely responsible for the consequences of your actions and behaviors.
Interruptions. Due to the unpredictable nature of the Internet and technology-based services, your access and use of our website may at times be interrupted or delayed. The Company is not liable for any delays, interruptions, or periods of inaccessibility of the website and other related services. If you encounter any issues, please let us know at affiliates@hautestock.co.
Security. While we take data security seriously and have taken steps to safeguard the information you have shared with us, you acknowledge that sharing personal information is inherently risky. You understand and agree that we will not be responsible or liable for any losses you may sustain as a result of unauthorized access by a third party or circumvention of any privacy settings or security measures.
Consent to Use. By submitting reviews, images, comments, testimonials, or tags ("Submissions") to us on any platform including, but not limited to, social media and online reviews, you are granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use.
Eligibility. Haute Stock reserves the right to accept, reject, or revoke any application for the Affiliate Program for any reason.
Term + Termination. This Agreement is effective on the date of acceptance and will continue until otherwise terminated. Both Parties reserve the right to terminate this Agreement at any time. If the Agreement is terminated by the Affiliate, all outstanding Commissions due (after the end of the applicable refund period) will be paid on the normal payment schedule. If the Agreement is terminated by the Company due to breach by the Affiliate, the Company reserves the right to retain any unpaid Commission otherwise owed to the Affiliate.
Haute Stock reserves the right to terminate, at its sole discretion, your participation in the Affiliate Program, at any time, with or without cause, and without prior notice.
If an Affiliate Link and/or Discount Code provided to the Affiliate has not been utilized during any consecutive 12-month period, the Company reserves the right to terminate this Agreement due to inactivity.
You may terminate your participation at any time by removing your affiliate links from your website and ceasing to promote your affiliate code. If you wish to have your information removed from our database, you may submit this request in writing to affiliates@hautestock.co. Haute Stock will retain your account information as required for accounting and tax purposes.
Terminating this Agreement does not terminate any confidentiality or non-disclosure obligations between the Parties.
Changing Terms. We reserve the right to update and revise the terms of this Agreement at any time without notice to you. Your continued participation in our Affiliate Program after we have updated the terms of this Agreement indicates your acceptance and agreement to these changes.
Dispute Resolution. If a dispute is not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to binding arbitration. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Calgary, Alberta. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys' fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and of Canada, regardless of the conflict of laws principles thereof.
Notice. We may provide notice to you by sending a message to the email address provided by you, or by posting to the website. Notices sent by email will be effective at the time of sending. You may provide notice to the Company by email to affiliates@hautestock.co.
Indemnification. Affiliate agrees to indemnify, defend and hold harmless Haute Stock, its officers, directors, employees, agents, and other independent contractors from and against all claims, demands, losses, causes of action, lawsuits, judgements, expenses, damages, and costs, including attorneys' fees, arising out of or relating to any violation of this Agreement by you or arising from or related to your use or misuse of the Affiliate Program.
Non-Disparagement. Affiliates are not allowed to disparage or misrepresent the Company or any of its subsidiaries. This clause will survive termination of the agreement by either party.
Confidentiality. You understand that we may share some information about our products/services, the Company's strategies, the terms of our Affiliate Program, or other information that is not available to the public, confidential, or proprietary in nature (collectively, the "Confidential Information"). You agree to:
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Protect and safeguard the Confidential Information disclosed to you or otherwise made known to you;
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Use the Confidential Information only in connection with the Affiliate Program and in a way that follows legal guidelines and terms of this Agreement;
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Refrain from using the Confidential Information in any way that would be detrimental to the Company; and
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Only disclose the Confidential Information to your employees or other representatives on a need-to-know basis.
Your obligations under this provision survive termination of this Agreement by either party.
Assumption of Risk. Affiliate agrees to accept all risk associated with participation in the Affiliate Program. You agree that you are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable laws, tax laws, and regulations, and does not violate the rights of any third party, including, without limitation, intellectual property rights.
Severability + No Waiver. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, all other provisions set forth in this Agreement will remain valid and enforceable. By failing to enforce any right or provision of this Agreement, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in this Agreement will only be considered waived if done so in writing by an authorized representative of the Company.
Force Majeure. For any failure or delay by the Company in performing any term of this Agreement caused by circumstances beyond our reasonable control — including without limitation acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, civil unrest, national emergency, epidemic, pandemic, labor disputes, telecommunications breakdown, or power outage — we will not be liable or responsible to the Affiliate and such failure will not be considered a breach of this Agreement.
Transfer + Assignment. You may not transfer or assign any of your rights under this Agreement to any third party without the express written consent of the Company.
Relationship. Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and Haute Stock beyond what is expressly stated in this Agreement.
Headings for Convenience Only. The headings in this Agreement are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.
Acceptance of Agreement. By applying to participate in our Affiliate Program you are agreeing to be bound by these Terms & Conditions, as well as Haute Stock’s Terms of Use and Privacy Policy.
Entire Agreement + All Rights Reserved. This Agreement constitutes the entire agreement between the Parties with respect to its relationship and supersedes all prior oral or written agreements, understandings, and representations. The Company reserves any and all rights not expressly granted in this Agreement.
Contact Us.
If you have questions about these Terms of Service or the Affiliate Program, please contact us by mail at: Suite 300, 4838 Richard Road SW, Calgary, Alberta, T3E 6L1 or by email at: affiliates@hautestock.co
EXHIBIT A — Code of Conduct
As an Affiliate for Haute Stock, you must stand by and follow the standards expressed in this Code of Conduct when communicating about our products and services in any form of media, including promotional messages, photos, videos, and other communications on social media.
You may not:
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Make disparaging statements about the Company or any of our brands, products, or services;
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Make any claims about our competitors' brands, products, or services that are not true, verifiable, or backed by evidence;
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Construe yourself as an employee or representative of the Company in any way;
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Defame or infringe upon the intellectual property or reputation of any third parties;
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Engage in communications that are intended to or result in creating a hostile or intimidating environment for any party;
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Promote or engage in discrimination of any protected class or people group;
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Use obscene or offensive language, including personal insults, slurs, and hate speech;
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Promote unsafe behavior that involves our customers or other individuals with or without their knowledge;
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Create or manipulate follower counts or engagement on social media platforms by buying followers, using bots to simulate engagement, posting false sponsored content, or through any other method.
You must:
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Comply with all laws concerning Advertising, Endorsements and Testimonials.
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Review the following materials to better understand your responsibilities when following Advertising Guidelines: