Affiliate Terms & Conditions

Affiliate Program Terms and Conditions

Note from The Boutique Lawyer:
We are thrilled about your interest in becoming a TBL Template Shop Affiliate! Please carefully review these terms & conditions so you know what to expect at each step—such as when commissions will be paid, the commission structure, and more. These terms & conditions lay out what you can and cannot do, keeping both of us legally protected. By applying to be an affiliate with our company, you agree to all of the following terms & conditions.

1. Recitals: The Boutique Lawyer, PC, will be referred to as “Company,” “we,” “us,” or “our” throughout these terms & conditions. The person or entity applying to become an Affiliate 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.”

2. Affiliate Program Overview: Upon approval, you will join our community of Affiliates and be able to start promoting our products/services using a unique Affiliate Link and/or Discount Code. You will receive a commission for sales generated through these tracking tools, as detailed in this Agreement.

3. Eligibility: Our Affiliate Program is open to individuals and entities 18 years or older with a social media account, blog, or similar platform. You must also have a PayPal account. You agree to provide any necessary information for verifying your eligibility.

4. Commission + Payment Terms: Commissions are based on a percentage of the total sale generated through your Affiliate Link, excluding taxes and shipping. The current commission rate is 50%. Commissions will be paid out monthly on the 10th (or the next business day) via PayPal in USD. Payments are due no sooner than the next calendar pay cycle after the sale is finalized.

You are responsible for any fees or costs charged by payment processors (e.g., PayPal). If a customer initiates a chargeback or a refund is issued, your commission for that sale will be reversed up to 12 months after the sale. Should you receive an overpayment, the Company reserves the right to adjust future earnings to account for the discrepancy.

We may occasionally offer special promotions or incentives. These will be communicated via email and are subject to the terms at the time of the promotion.

5. Affiliate Responsibilities for Copyrighted Materials: As an Affiliate, you are solely responsible for ensuring that any materials, including images, audio, or videos used in promoting our products, are legally obtained and properly licensed. The Company is not liable for any claims or damages arising from your failure to comply with intellectual property laws. You agree to indemnify and hold the Company harmless for any legal consequences related to unauthorized use of copyrighted materials.

6. Affiliate Link + Prohibited Uses: Your Affiliate Link and Discount Code must only be shared on platforms that you own and operate. Posting your Affiliate Link or Discount Code on third-party websites (e.g., comments sections or third-party pages) without prior written consent is prohibited. You may only promote your Affiliate Link or Discount Code through direct communication with express permission from potential customers.

You are responsible for ensuring that your Affiliate Link and tracking tools are properly configured. The Company will not be liable for missed or lost commissions due to technical issues with your Affiliate Link or Discount Code. Notify us immediately if you encounter any issues.

7. Non-Exclusive Agreement: This Agreement does not create an exclusive relationship between the Company and the Affiliate. The Company reserves the right to enter into affiliate relationships with other individuals or entities, including those who may be competitors of the Affiliate, and may offer different terms or incentives to other affiliates at its sole discretion. The Affiliate acknowledges and agrees that the Company is not obligated to provide the same terms or conditions to all affiliates.

8. Indemnification: Both Parties agree to mutual indemnification for their own acts. As the Affiliate, you agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, agents, employees, and assigns from any and all claims, lawsuits, damages, liabilities, costs, or expenses arising from:

- Your breach of this Agreement.
- Your use of unauthorized or copyrighted materials.
- Any fraud, misrepresentation, or misconduct in your promotional activities.

Likewise, the Company agrees to indemnify you for any claims or lawsuits arising from the Company's breach of this Agreement. Each Party is responsible for its own actions and any third-party claims resulting from those actions.

9. Affiliate Warranties: By entering into this Agreement, you represent and warrant that:

- You have the legal right to use any promotional content (audio, video, images, etc.).
- You will comply with all applicable laws and regulations, including FTC guidelines on endorsements.
- You will not engage in deceptive marketing practices or make false representations about the Company’s products.

10. Independent Contractor Status: The Affiliate’s relationship with the Company is that of an independent contractor. Nothing in this Agreement shall be construed to create any partnership, joint venture, employment, or agency relationship between the Parties. The Affiliate has no authority to bind the Company in any way or to represent the Company in any capacity, other than as specified in this Agreement. The Affiliate is solely responsible for any taxes or liabilities resulting from payments received from the Company.

You are responsible for any taxes owed on commissions received. If your contact or payment information changes, you must update it immediately to avoid delays in payment. Failure to do so may result in the termination of your affiliate status.

11. Affiliate Link + Tracking Technologies: The Company is responsible for providing a functioning Affiliate Marketing Platform to track sales. However, the Affiliate is required to ensure that their Affiliate Link, Discount Code, and other tracking mechanisms are correctly implemented on their promotional channels. The Company will not be liable for missed or lost commissions due to technical failures on the Affiliate's end. Should a problem with tracking arise, the Affiliate must notify the Company immediately, and the Company will make reasonable efforts to resolve the issue.

12. No Company Warranties: The Company provides Affiliate Links, tracking systems, and other materials “As-Is” without any warranty of title, merchantability, or fitness for a particular purpose. The Company is not liable for any interruptions, errors, or issues with the Affiliate Marketing Platform.

13. Limitation of Liability: The Company is not liable for any punitive or exemplary damages, regardless of legal theory. You agree that the Company’s liability is limited to direct damages, and you are solely responsible for your actions and promotions.

14. Force Majeure: Neither Party will be held liable for any failure or delay in fulfilling obligations under this Agreement due to circumstances beyond reasonable control, such as acts of God, cyber-attacks, pandemics, or other uncontrollable events.

15. Arbitration: In the event of a dispute, the Parties agree to resolve the matter through binding arbitration in Forsyth County, Georgia. The Parties will equally share the costs of arbitration, unless otherwise determined by the arbitrator. The Company may select an alternate venue if arbitration cannot proceed in Forsyth County.

16. Notice: All notices related to the Affiliate Program will be sent via email or posted on the Affiliate Marketing Platform and/or our Company's website. It is your responsibility to ensure your contact information is up to date. Notices sent by email are effective upon sending, and notices posted to the platform are effective upon posting.

17. Term + Termination: This Agreement begins on the Effective Date and continues until terminated. Either Party may terminate the Agreement at any time. If the Agreement is terminated due to breach by the Affiliate, the Company reserves the right to withhold unpaid commissions. If your Affiliate Link or Discount Code remains inactive for 12 consecutive months, the Company may terminate the Agreement due to inactivity.

18. Code of Conduct: As an Affiliate for The Boutique Lawyer, you agree to abide by the following standards when promoting our products:

You may not:
- Make disparaging statements about the Company or any of its products.
- Make any claims about competitors’ products that are untrue or not backed by evidence.
- Misrepresent yourself as an employee or formal representative of the Company.
- Defame or infringe upon third parties' intellectual property.
- Promote any form of discrimination or hate speech.
- Engage in unsafe behavior or promote illegal activities.
- Manipulate follower counts or engagement metrics (e.g., by using bots or buying followers).

You must:

• Clearly disclose your affiliation with the Company in compliance with FTC guidelines (e.g., use statements like "Affiliate" or "Ad").
• Use good taste and integrity when promoting Company products.
• Ensure that all promotions and marketing efforts are in line with the core values and mission of the Company.
• Review the following materials to better understand your responsibilities when following the FTC Guidelines:

• The FTC's Endorsement Guides: What People Are Asking
• FTC: The Do's and Don'ts for Social Media Influencers
• FTC: Disclosures 101 for Social Media Influencers
• FTC: Do you endorse things on social media?

Failure to comply with this Code of Conduct may result in the termination of your affiliate status.

19. Intellectual Property Usage: You are allowed to use the Company's intellectual property, such as logos or brand assets, solely for promoting the Company’s products within the scope of this Agreement. Unauthorized use or modification of these assets is prohibited. Any intellectual property rights not expressly granted to you remain the property of the Company.

20. Confidentiality: You may have access to confidential information about the Company. You agree to keep such information confidential and only use it in accordance with this Agreement.

21. Entire Agreement: This Agreement constitutes the entire agreement between the Parties regarding the Affiliate Program and supersedes any prior agreements or understandings. The Company reserves the right to update or revise the Agreement at any time, and your continued participation in the program signifies your acceptance of these changes.