Affiliate Program Signup

HAUTE STOCK AFFILIATE AGREEMENT

These Terms of Service are entered into by and between you (the “Affiliate”) and Rachel & Co. Inc. (“Haute Stock”) and govern the terms of Haute Stock’s affiliate program (the "Affiliate Program”). By signing up for the Affiliate Program, you are agreeing to be bound by these terms of service, as well as Haute Stock’s Terms of Use and Privacy Policy.

TERM 

This Agreement shall begin as of the date of acceptance by the Affiliate and remain in effect until ended in writing by either party. Any future affiliate agreements will require a separate written agreement. 

AFFILIATE COMMISSIONS

Affiliate Commissions.

Company shall provide Affiliate with a commission on new membership signups (minus the PayPal fee as described below) for each individual who signs up through the Affiliate’s link (“Affiliate Commission”). Affiliate will receive an initial commission payment on membership signups and then a recurring commission payment if the membership renews. The percentage of commission may change at any time without notice.

Affiliates cannot use their own link to self-refer. If a referral is considered to be self-referred a commission will not be paid. Referrals made to current Haute Stock members will not receive a referral commission.

Payment.

Affiliate Commission shall be paid to Affiliate on the 15th of each month, the month after the purchase is made, as this will complete the refund period. All Affiliate Commissions shall be made via PayPal as a payment for a good/service. Affiliates are responsible to have an active Paypal account and to provide a valid Paypal email address for payment. Any fees resulting from processing Affiliate Commissions are the sole responsibility of the Affiliate. 

Refunds.

Affiliate is not entitled to Affiliate Commission for any referral who receives a refund nor for any referral that defaults on a payment.

MARKETING ACTIVITIES

Affiliate must disclose in their marketing communications (including but not limited to, email marketing, social media marketing, blog posts, etc), that they are participating in the Haute Stock Affiliate Program and may receive Affiliate Commission for their participation. Furthermore, they shall make clear that they are sending marketing communication as an individual, not as Haute Stock.

Affiliate warrants that their marketing practices follow all legal requirements and restrictions in their jurisdiction of residence.

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 cannot create websites, landing pages, sales pages or advertisements that copy or closely resemble the look of Haute Stock’s website and services.

Affiliate cannot use purchased traffic or advertising campaigns to promote their Affiliate link/code without prior written consent from Haute Stock.

Affiliate is responsible for ensuring the accuracy of their affiliate code and tracking links before sharing, and acknowledges that Haute Stock is not responsible for untracked cookies or cookies that are not set due to private browsing, disabled, or rejected cookies.

Affiliate shall not engage in domain forwarding, page redirects, or cookie stuffing to direct purchasers to Haute Stock’s website.

Affiliate may not register Trademarks or URLs that contain “Haute Stock" or any other variation of our brand or domain. 

Affiliate shall not engage in any harmful, misleading or unlawful marketing activities that may harm the reputation of Haute Stock.

Violations of these Marketing terms may result in Affiliate Commissions being withheld or cancelled and removal from the Affiliate Program.

Intellectual Property.

This Agreement is the sole ownership and proprietary work of Haute Stock. Affiliate is not authorized to use this Agreement for its own use;

The intellectual property of each Party remains solely owned by that Party. This Agreement provides no right or interest in or to the intellectual property of the other Party; and Affiliate may not use any trademarks of Haute Stock, whether registered or unregistered, without prior written permission from Haute Stock.

ELIGIBILITY 

Haute Stock reserves the right to accept, reject or revoke any application for the Affiliate Program for any reason.

TERMINATION

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 your participation in the Affiliate Program is terminated with cause, you agree to forfeit any and all rights to unpaid commissions.

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 this request in writing. Haute Stock will retain your account information in our database as required for accounting and tax purposes.

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.

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. You assume all liability for claims, suits or grievances filed against you, including, but not limited to, all damages related to your participation in the Affiliate Program. You understand that Haute Stock is disclaiming all liability from harm of any kind or nature caused directly or indirectly from your participation in the Affiliate Program.

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, and costs 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.

DISPUTE RESOLUTION.    

If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute 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 and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. 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.  

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.

ENTIRE AGREEMENT; AMENDMENT; HEADINGS.  

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 to the extent that they relate in any way to the subject matter hereof. The headings of sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

CONTACT US 

If you have questions about these Terms of Service or the Affiliate Program, you can contact us at:

Haute Stock

Suite 300, 4838 Richard Road SW

Calgary, Alberta

T3E 6L1 

affiliates@hautestock.co