Our affiliates are very important to us. Please review our Affiliate Program for an overview. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration from you. We have written the following affiliate agreement with you in mind, as well as to protect our company's good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don't hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results, please email us at firstname.lastname@example.org.
New York Casual LLC operates this website, newyorkcasual.com and is hereinafter referred to as "we" or "us" or "our" or "New York Casual®", and "you," "your," and "yours" refer to the affiliate.
PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NEW YORK CASUAL LLC (NYCASUAL.COM). BY SUBMITTING THE AFFILIATE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Enrollment in this Affiliate Program. To begin the enrollment process, please email us at email@example.com to request an application. After you have returned the completed Affiliate Program Application via email, we will review your website for suitability. If we approve your website, it does not imply that we may not re-evaluate your application at a later time. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine in our sole discretion that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement, or if your site is or promotes a business-opportunity program (collectively, "Content Restrictions"). Some examples of an unsuitable site are, but are not limited to, a site that:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Includes New York Casual® intellectual property or variations or misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion
- Contains software downloads that potentially enable diversions of commission from other affiliates in our program
You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are newyorkcasual.com or any other affiliated business.
2. Utilizing Links on Your Site. As an affiliate website of New York Casual®, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk email program will result in your immediate termination from the Program and forfeiting of monies otherwise due you hereunder. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited New York Casual®’s site (i.e., no page from our site or any newyorkcasual.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, Yahoo/Bing, Baidu, AOL, Ask, Excite, DuckDuckGo, WolframAlpha, Yandex, Lycos, Chacha and similar search or directory engines); (c) set commission tracking cookies through loading of New York Casual® site in IFrames, hidden links and automatic pop ups that open New York Casual®’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on sites 100% owned by the owner of the application.
Allowable promotional links may contain New York Casual®'s trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, we grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of newyorkcasual.com's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of newyorkcasual.com and the good will associated therewith will inure to the sole benefit newyorkcasual.com. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
3. Commissions. We will pay you a commission based on the progressive structure below:
- 8% up to $1,950 per calendar month in sales
- 9% $1,951 - $3,900 per calendar month in sales
- 10% $3,901 - $5,850 per calendar month in sales
- 12% $5,851 - $7,800 per calendar month in sales
- 14% above $7,801 per calendar month in sales
Example: If you generate $3,500 in sales within one calendar month, you will get $1,950 x 8% + $1,550 x 9% = $295.50
Incentivized commissions, and offering any form of incentive to obtain a sale, is forbidden unless prior approval is given and cleared by New York Casual® Staff. To inquire on whether your incentive is acceptable, please email firstname.lastname@example.org
The Commission Rate is subject to change from time to time, upon email notice to you and commencing the 30-days following such notice. If you are referring clients to New York Casual® from a niche site that you operate, you may be eligible for special commission rates. You must contact our affiliate department to request a review for a special commission rate.
4. Commission Payment. Commissions deemed due and owed to you under the program will be paid to you directly by New York Casual® after any holding period and in accordance with a regular payout cycle established by New York Casual®. We reserve the right to cancel any of your affiliate coupons, even if you are currently using the coupon. All coupons created internally for New York Casual® promotion are ineligible for affiliate commission. PayPal payments will only be reissued within 120 days of the original issue date in the case of incorrect PayPal address or refusal from PayPal to accept payment.
5. Responsibility for Your Site. You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 22575, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law.
New York Casual® expressly requires you to disclose that there is a "material connection" between you and New York Casual® any time you offer an endorsement or testimonial on our services, in accordance with the Federal Trade Commission guidance as outlined here. Such disclosure should be clear and prominent, meaning close to the endorsement or testimonial.
In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
- Unsolicited mass email solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups, Gmail, Hotmail, AOL, or Yahoo customers or otherwise violate the anti-spamming policies of New York Casual® or state law;
- Provided inaccurate or incomplete information to New York Casual® concerning your identity, address or other required information;
- Attempted to cheat, defraud or mislead us in any way;
- Misrepresented to the public the terms and conditions of our sites or your sites;
- Popup advertisement network activities;
IFrames may not be used unless given express permission by New York Casual®. Sales made through hidden IFrames or Cookie Stuffing methods will be considered invalid.
6. Paid Search Policy. You are required to comply with the following rules when bidding on keywords on any paid search engines or social media site, including without limitation, Google, Yahoo/Bing, Twitter and Facebook:
- You are prohibited from bidding on any New York Casual® trademarks, or any variations and misspellings thereof without New York Casual®'s prior written approval. Examples of prohibited keywords are, but are not limited to, "New York Casual," "NY Casual," "NYCasual," "www.New York Casual," "www.NYCasual," "New York Casual reviews," "New York Casual coupon," "New York Casual code," and "New York Casual discount,"
- You are prohibited from bidding on keywords containing New York Casual® trademarks plus an additional term such as [New York Casual coupons], [New York Casual promotions], and [New York Casual promos] Further, Affiliates are NOT permitted to broad or phrase match any of these keywords.
- You are prohibited from outranking New York Casual®'s internal paid search ad on any keywords.
- You are prohibited from direct linking to New York Casual® from any paid search ads.
- You are prohibited from using New York Casual® as a display URL.
All materials, including without limitation, ad copy, coupons, and promotions on your Affiliate Site must accurately represent active and valid promotions. For example, you may not display an ad on your Affiliate Site for a promotion that has expired. We continue to monitor all paid search landscapes. If you are determined to be in violation of this section your participation in the program may be terminated. For more information on match types, please visit Google's overview of match types.
If You do not meet the minimum threshold of $50 within 120 days after the end of the month in which a Qualified Purchase was properly completed, commission payments will be forfeited and Your commission balance will revert to $0.
8. Tax Forms and Address Changes. Taxes/Address Changes: It is Your responsibility to provide New York Casual® with the tax and payment information required to issue a Commission Fee to You. If New York Casual® does not receive the necessary tax or payment information within 120 days of a Commission Fee being earned, New York Casual® will consider that Commission Fee to be forfeited by the Affiliate, and no payment will be issued. Each Affiliate is required to submit a W8/W9 tax form before New York Casual® will issue any Commission Fees. You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. In compliance with tax laws, New York Casual® will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with the proper address, tax forms (including W8/W9 or other tax forms) or information within two (2) days of any request issued by New York Casual® to issue a Form 1099. Any address changes must be made in the Affiliate profile in the Affiliate Console at least 15 business days prior to the end of the calendar month in order for Commissions for that month to be sent to the revised address.
9. Term of the Agreement. The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by email, to your email address in our records, is considered sufficient notice to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
10. Modification. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by email, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
11. Relationship of Parties. You and New York Casual® are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of New York Casual® and New York Casual® expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
12. Limitation of Liability. We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
13. Disclaimers. We make no express or implied warranties or representations with respect to the Affiliate Program or any New York Casual® services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
14. Representations and Warranties. You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide New York Casual® with notice that you have engaged in transmission of unsolicited bulk emails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
15. Confidentiality. We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to New York Casual®, customer and vendor lists relating to New York Casual® and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
16. Indemnification. You hereby agree to indemnify, defend and hold harmless New York Casual®, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
17. Miscellaneous. Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of Michigan, without reference to rules governing choice of laws. New York Casual® reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. New York Casual® will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple New York Casual® affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the New York Casual® in-house affiliate program and also open a New York Casual® affiliate account with another network such as ShareASale, both affiliate accounts will be terminated and all commissions will be forfeited. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
18. Binding Arbitration. By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against New York Casual® or its subsidiaries in conjunction with this program. An arbitration firm selected by New York Casual® will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.