Bombas Socks affiliate program

Through the Bombas Socks Affiliate Program, your site visitors can shop premium essentials basics while helping those in need. This program offers a 30-day cookie duration.

AFFILIATE MARKETING PROGRAM PARTNER TERMS

Effective Date:  August 25, 2025

Introduction and Overview

These Affiliate Marketing Program Partner Terms (“Agreement”) govern your participation in the affiliate marketing program (“Program”) offered by Bombas LLC (“Bombas”) and supported by Pepperjam LLC (“Network”).

Both this Agreement and any separate terms (“Additional Terms”) made available elsewhere on the Network, including, without limitation, terms contained in any agreement between you and the Network, will apply to your use of the Network. To the extent there is a conflict or inconsistency between this Agreement and any applicable Additional Terms and/or any separate insertion orders, agreements and/or other terms between you and Bombas or an agent of Bombas, the terms of this Agreement will control, notwithstanding any similar language included in any of the foregoing insertion orders, agreements and/or other terms.

By registering for or participating in the Program, you agree to be bound by this Agreement.  You also agree that the decisions of Bombas with respect to the administration of the Program and other interpretation and application of this Agreement, including, without limitation, those relating to your approval to participate in the Program and your compliance with the requirements set forth herein, will be final and binding and made by Bombas in its sole discretion.

As used in this Agreement, “we,” “us,” and “our,” refers to “Bombas,” and “you” and “your” refer to the “Publisher” (as defined below). 

DEFINITIONS

“Authorized Channels” means your owned and operated websites, social media pages, blogs, emails, and such other communications, media and channels that have been accepted and approved by Bombas for participation in the Program, as set forth in your Network profile or otherwise approved in writing.

“Creative” means all artwork, copy, data, text, models, graphics, messages, tags, designs, photographs, images, logos and other audio or visual content and material provided by Bombas for use by Publisher in connection with the Program.

“Bombas Marks” means Bombas’ trademarks, trade names, service marks, logos, and symbols.  

“Bombas Products” means Bombas’ products.

“Bombas Site” means any website owned and operated by Bombas and designated by Bombas as the destination for visitors clicking on a Qualifying Link.  

“Payout” means the compensation of Bombas product(s), commissions on sales and/or flat fee payments, as applicable, that may be earned by Publishers for Qualifying Transactions, as defined herein.

“Publisher” means any company, website, blogger, person, or entity approved by Bombas to participate in the Program via the Network.

“Publisher Content” means visual, written, photographic, video, or other creative or content created or supplied by you for the Program, which contains a Qualifying Link and may include Bombas Marks and Creative.

“Qualifying Link” means a link to a Bombas Site using the URL(s) or graphic link(s) available through the Network or otherwise provided by Bombas that are intended to be used to link from an Authorized Channel to the Bombas Site for the Program.

“Qualifying Transaction” means the purchase of Bombas Products in the time period and manner, as determined by Bombas, required to receive a Payout under the Program.

Participation in the Program

Description of the Program.

If you are approved to participate in the Program, you may, in a manner in compliance with this Agreement and any applicable Additional Terms, advertise and promote Bombas and Bombas Products, and (if applicable) display a Qualifying Link to a Bombas Site in Publisher Content, which you may post or distribute through Authorized Channels.  

You will be eligible to earn Payouts for referring visitors from the Authorized Channels to a Bombas Site, if the visitor clicks on the Qualifying Link and it results in a Qualifying Transaction. The applicable Payout may be changed from time to time by Bombas by posting the change on the Network or otherwise notifying you of the change. 

Participation in the Program is subject to Bombas’ approval, which may be revoked at any time. Prospective Publishers must first submit an application to Bombas through the Network in order to become an “approved” Publisher eligible to post Qualifying Links to a Bombas Site and earn Payouts. After the application has been submitted, Bombas will notify the prospective Publisher through the Network whether or not it has been approved. We may reject your application to enroll in the Program for any reason, as we determine in our sole discretion, including, without limitation, if we determine that your proposed channel is unsuitable for the Program for any reason.  If you are approved to participate in the Program, you may use Qualifying Links, Creative, and the Bombas Marks on Authorized Channels solely in connection with the Program, subject to the terms hereof.

Your participation in the Program is also subject to other requirements communicated by Bombas from time-to-time.  Notwithstanding anything to the contrary herein, this Agreement and any other requirements shall be subject to change at any time at our discretion.  Once communicated, such changes shall be deemed incorporated herein by reference.

Employees, family members of employees, or any entities directly or indirectly owned or controlled by employees or family members of Bombas, suppliers of Bombas, and advertising, promotion and fulfillment agencies of Bombas are not permitted to be Publishers.

Authorized Channels.

Without limiting any of our rights hereunder, if at any time Bombas determines in its sole discretion that any of the Authorized Channels are unsuitable for the Program or that you are otherwise in breach of this Agreement, we may require that you immediately terminate use of any Qualifying Links, Creative, and/or Bombas Marks on the non-compliant channels and we may also terminate your participation in the Program and this Agreement.  Unsuitable Publisher channels include, without limitation, those that, in Bombas’s sole judgment:

• Promote nudity, pornography, or X-rated, sexually explicit, obscene, indecent, profane, vulgar, or adult content or services (including, without limitation, phone sex and escort services);
• Promote gambling, firearms or other weapons, tobacco products, or alcohol products;
• Promote any illegal products or illegal activities;
• Promote any investment or money-making opportunities;
• Are disparaging, defamatory, or libelous, or otherwise make any false or misleading claims;
• Promote violence or threaten physical harm;
• Include hate speech or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or other characteristics protected by applicable law;
• Include racial, ethnic, political, hate-mongering, or otherwise objectionable content;
• Are primarily directed towards or intended for children under 13 years of age;
• Are non-U.S. based or primarily serve a non-US based audience;
• Do not clearly and conspicuously provide an online privacy policy and all required privacy notices to its visitors;
• Misrepresent themselves as a Bombas Site, including, without limitation, by using the “look and feel” or text from a Bombas site;
• Includes “Bombas” or any Bombas Products names, or misspellings, variations, or portions thereof in their domain names;
• Are aesthetically unpleasing;
• Are under construction;
• Require a username and password to access;
• Downloads or requires downloads to visitors’ computers or devices;
• Are unable to direct a reasonable amount of traffic by way of sales volume, clicks, and page views to a Bombas Site;
• Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data, or personal information;
• Contain software or use technology that attempts to intercept, divert, or redirect Internet traffic to or from any other website or that potentially enables the diversion of affiliate commissions from another website;
• Violate the standards promulgated by the Coalition for Better ads;
• Violate applicable terms, conditions, and policies of the Authorized Channels or other social media and other platforms;
• Infringe upon the intellectual property or other rights of any third party;
• Violate applicable law;
• Are otherwise controversial, offensive, or inappropriate (as determined by Bombas in its sole discretion); or
• Link to or provide a portion of its commissions or Publisher benefits to sites or organizations that violate any of the above criteria;
• Link to or from any of the content listed above.

All Authorized Channels used to post Qualifying Links, Creative, and/or Bombas Marks must be listed in your approved Publisher profile on the Network. You will provide Bombas with information on how you are promoting Bombas at our request.

You shall be solely responsible for the development, operation, and maintenance of each Authorized Channel and for all materials that appear on each Authorized Channel, and we disclaim all liability for such Authorized Channels.

Bombas Creative.

Bombas may provide you with Creative for you to use in your promotional efforts.  Any additional content you create to promote Bombas Products as part of the Program should be consistent with any Creative we supply and must comply with obligations and requirements of Publisher set forth herein.

Bombas Rights.

You hereby consent to Bombas:  (a) sending you emails, notifications, or other communications through the Network or to any email address you provide to us or the Network, (b) monitoring, recording, using, and disclosing information about your Authorized Channels and users and  followers of your Authorized Channels that Bombas obtains in connection with your display of Qualifying Links and Creative (for example, that a particular Bombas customer clicked through a Qualifying Link from your Authorized Channel before buying a Bombas Product on the Bombas Site) in accordance with Bombas’ privacy policy, (c) auditing, reviewing, monitoring, crawling, and otherwise investigating your Authorized Channel to verify compliance with this Agreement, and (d) using, reproducing, distributing, and displaying your implementation of Qualifying Links and Creative displayed on your Authorized Channel, including as part of Publisher Content, as examples of best practices in our educational materials.  Upon request, you agree to supply Bombas or its designee with specimens of your use of Qualifying Links, Bombas Marks, and Creative.

You acknowledge and agree that Bombas may at any time (directly or indirectly) solicit traffic on terms that may differ from those contained in this Agreement and (directly or indirectly) operate sites or applications that are similar to or compete with your Authorized Channel(s).

Responsibilities of Publisher

FTC Disclosure and Transparency Requirements

You agree to comply with the U.S. Federal Trade Commission’s “Guides Concerning the Use of Endorsements and Testimonials in Advertising” and all related laws, regulations, and guidance (“FTC Guidelines”).  Accordingly, any time that Publisher Content references Bombas Products or includes a Qualifying Link on an Authorized Channel you agree without limitation:

• To clearly and conspicuously disclose your relationship with Bombas and identify yourself as a paid affiliate of Bombas everywhere a Qualifying Link appears (e.g., on any and all web pages, social media posts, blog posts, email communications, etc., regardless of the Authorized Channel);
• Ensure that each such disclosure shall be unavoidable and prominently placed in close proximity to the references to any Qualifying Link and shall appear on each page, post or communication containing a reference to Bombas Products or Qualifying Link;
• Not to make any false, misleading or deceptive statements about Bombas or Bombas Products;
• That your statements and content will always be original to you and reflect your honest, truthful, and factual opinions and actual experiences that are verifiable; and
• You will not make product or service performance or attribute claims, or pricing claims, about Bombas Products without prior written approval of Bombas in each instance.

Without limiting the generality of this Section, the foregoing shall include, without limitation, reviews submitted and/or posted by you about Bombas Products, whether on the Bombas Site and/or through any third-party platform, application, system, vendor or provider. Without limiting any of our rights hereunder, in the event that Publisher breaches his or her obligations hereunder, Bombas may immediately terminate this Agreement and withhold any Payouts earned hereunder, and may immediately suspend or terminate Publisher from the Program.

FTC Guidelines are subject to change over time and it is your responsibility to ensure that you are in compliance with applicable law.  You can find additional information regarding your disclosure obligations here:

• “Guides Concerning the Use of Endorsements and Testimonials in Advertising” -- https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf
• “The FTC's Endorsement Guides: What People are Asking” -- https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking
• Other Publisher Responsibilities
• All Publisher Content promoting Bombas Products and incorporating a Qualifying Link shall comply with the standards for Authorized Channels as described above.
• Publisher Content shall not incorporate or prominently display any third-party brands, copyrights, trademarks or other intellectual property, other than that of Bombas, without Bombas’ prior permission, including, without limitation, any third-party logo, artwork and/or music.
• You shall not imply more of a relationship between yourself and Bombas than what is created by your participation in the Program. For example, you may not hold yourself out as an employee or authorized representative of Bombas.
• You shall not modify or alter any Bombas Site in any way, or make any representations, either express or implied, or create an appearance, that a visitor to an Authorized Channel is visiting a Bombas Site.
• You shall not scrape or spider a Bombas Site for content (e.g., text, logos, or images) unless you have Bombas’ express written consent.
• You shall not use Bombas Marks or Bombas Product names, or any variations, misspellings or portions thereof in domain names of Authorized Channels, unless expressly and explicitly authorized by Bombas in writing.
• You must respect the wishes of the recipients of your communications about Bombas. For example, you may not continue to send messages about Bombas to recipients who have indicated that they no longer wish to receive them.
• You are prohibited from using paid search to bid on Bombas Marks, Bombas Product names, or any variations, misspellings, or portions thereof.
• You shall not induce persons to click on Creative based on financial incentives (e.g. rewards programs) without the prior written approval of Bombas.
• You shall not change the Creative without the express prior written consent of Bombas.
• You may not distribute, license, resell, or otherwise use Qualifying Links or Bombas Creative, except as authorized hereunder or by Bombas in writing.
• You shall not serve Creative, or drive traffic to such Creative, using any downloadable applications or automated process without the prior written approval of Bombas, including such things as mobile applications, desktop applications, browser plugins and/or toolbars, ActiveX, Java, or JavaScript programs.
• You shall not send any incentivized traffic in any way, including offering monetary rewards, points, prizes, sweepstakes, etc. to visitors for clicking on Qualifying Links or completing Qualifying Transactions without Bombas’ written permission.
• You shall not launch any campaign without approval from Bombas provided through the Network or otherwise in writing.
• If you or one of your Authorized Channels donates any portion of your Payouts to any school, foundation or other charitable organization, you may not state or imply that Bombas endorses such activities or is responsible in any way for the inclusion and donation of funds to any of the schools, foundations or charities associated with you or your Authorized Channels without express written consent from Bombas.
• The following methods of generating visitor interest in Creative are prohibited and may be grounds for immediate termination, in addition to other remedies available to Bombas: mailing e-mails to anyone who has indicated that they do not want to receive marketing emails from you or Bombas (i.e., spamming); use of unsolicited e-mail or inappropriate newsgroup postings to promote the Creative; autospawning of browsers; or automatic redirecting of visitors; blind text links; misleading links, forced clicks; or any other method that may lead to artificially high numbers of delivered clicks.
• You may not purchase keywords from search engine service providers in order to drive traffic to Creative or Bombas Sites, including, but not limited to purchasing keywords that include the Bombas Marks, Bombas Product names, and related properties including Bombas.com, or variations, misspellings or any portions of the foregoing, or purchasing online advertising inventory for purposes of running advertisements that include Bombas Marks or Bombas Product names on websites or within e-mails.
• You may not personally make purchases using your own Qualifying Links.
• Bombas understands that you may use “tracking and reporting” technologies to collect visitors’ anonymous online behavior, preferences, and other activity that is customarily tracked from visitors to your Authorized Channels, which may include, technologies designed to collect, track, store or classify aggregate, or anonymous user data, movements or preferences; provided that you represent, warrant and covenant that you will use such technologies in accordance with the terms of the privacy policy posted on the applicable Authorized Channel and all applicable laws. You agree you will not use any such information, either collected by you or any Authorized Channel or otherwise derived from any such collection to identify or target any user as a Bombas customer or as otherwise connected to Bombas or this Agreement.
• You recognize that a breach of these conditions could result in immediate, extraordinary and irreparable damage to Bombas, and that damages may be difficult to measure.
• Email Marketing Communications

If approved in writing by Bombas, you may use e-mail to promote Bombas Products with a Qualifying Link, and in such event, you must comply with The Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”).  As the “designated sender” of the email, you must scrub your proposed list of recipients against your do-not-email list to ensure that you do not send the email to any recipients who have previously opted-out of receiving commercial email from you.

In addition, the content of any e-mail or other communications used by Publisher: (a) shall be subject to the approval of Bombas, in its sole discretion (b) must use local click through/redirect URLs that link immediately to Publisher’s server from which the user is redirected to the Bombas Site, and (c) comply with the following requirements:

• Subject line should be pertinent to the promotions contained within the e-mail;
• From line should identify Publisher only;
• E-mail must include Publisher content (i.e., content promoting Publisher, Publisher’s website, or Publisher’s own goods and services) as well as content promoting Bombas;
• E-mail should include correct Qualifying Link;
• E-mail must include a functioning opt-out link for recipients to opt-out of receiving future commercial email from Publisher and opt-out language;
• E-mail should be framed in sender’s e-mail template so as to clearly indicate that the e-mail was not sent from Bombas;
• Publisher must send test e-mail for approval to marketing representative at Bombas;
• Note: if Publisher launches program without receipt of an approved test, Bombas reserves the right to stop the program; and
• Publisher will not spam or send unsolicited email mentioning or promoting the Program, Bombas or Bombas Products.

You warrant and agree to comply with all laws and regulations applicable to the sending of any email communications in connection with the Program, including, without limitation, the CAN-SPAM Act, privacy laws, and data security standards consistent with the industry, and shall indemnify Bombas for any claims resulting from your failure to do so.

Qualifying Links.

• You are responsible for notifying us and the Network of any malfunctions of the Qualifying Links or other problems with your participation in the Program in accordance with the terms of this Agreement.
• You shall not modify or change any of the Qualifying Links, including by redirecting links to hide or manipulate their original source, or direct-linking, e.g., using Qualifying Links as the destination URL in any paid advertisement.
• Only valid Qualifying Links generated by the Network will be tracked for purposes of determining the Payouts that you may be eligible to receive on Qualifying Transactions.
• The position, prominence, location(s) and overall appearance of Qualifying Links on any Authorized Channels shall comply with any requirements as specified in this Agreement or otherwise determined by Bombas in its sole discretion.
• You shall refrain from hardcoding or any other provision or treatment of the Qualifying Links, including without limitation preventing them from dynamic system updating.
• You shall refrain from stripping impression tags from Qualifying Links.
• You shall not post your Qualifying Links on any Bombas owned platforms or social media pages.
• You must include the Shared ID provided by Bombas (which identifies the Authorized Channel) in the URL of each Qualifying Link.
• Payouts shall only be paid if resulting from proper use of Qualifying Links as expressly provided herein, and any Publisher who violates this provision shall be deemed in breach of this Agreement, and may be removed from the Program in the sole discretion of Bombas.
• Promotion Codes, Coupons, and Offer Messaging.
• You are only allowed to use Bombas promotion codes that are communicated specifically to you via the Network on behalf of Bombas. If you use Bombas promotion codes from other sources, Bombas may recover Payouts resulting from the use of those codes.
• Any coupons provided for use in your promotion of Bombas Products must be displayed in their entirety with the full offer, offer exclusions or disclaimer text, valid expiration date and code.
• The terms of any offers (e.g., special instructions, exceptions, dates valid) you are authorized to promote will be posted on the Network’s site or otherwise communicated to you. You may not promote an offer prior to the start dates indicated in such offer terms without written consent of Bombas. Early promotion may result in immediate removal and termination from the Program.
• At any time, Bombas may, with or without notice, change, suspend, or discontinue any aspect of a particular offer or remove, alter, or modify any graphic or banner ad provided to you pursuant to an offer. You agree to promptly implement any request from Bombas to remove, alter or modify any graphic or banner ad posted on one of your Authorized Channels.
• Product Seeding and Gifting

• Program Administration. “Product Seeding and Gifting” refers to Bombas providing complimentary Bombas Products to certain customers, followers, or audience members of Publisher (“Recipients”) as identified by Publisher and/or Bombas for promotional purposes. All Product Seeding and Gifting programs must be pre-approved in writing by Bombas. Publisher shall not promise, guarantee, or represent to any potential Recipient that they will receive Bombas Products without prior written authorization from Bombas.
• Recipient Selection and Information. When recommending potential Recipients, Publisher shall: (a) provide Bombas with accurate contact information for proposed Recipients, (b) disclose any material connection between Publisher and proposed Recipients, (c) not recommend Recipients who do not align Bombas’s brand values, (d) obtain necessary consent from Recipients for sharing their information with Bombas (if applicable), and (e) not discriminate in Recipient selection based on race, gender, religion, or any other protected characteristics.
• Disclosure Requirements. Publisher shall ensure that all Recipients understand and comply with applicable disclosure requirements under FTC Guidelines and other applicable laws, including without limitation instructing all Recipients to clearly and conspicuously disclose that they received free Bombas Products from Bombas in all content featuring or mentioning Bombas Products. Publisher shall use commercially reasonable efforts to monitor Recipient compliance with any applicable disclosure requirements and report any promptly non-compliance to Bombas.
• Content Creation and Intellectual Property. Unless otherwise agreed in writing: (a) Bombas shall have the right to repost, share, and otherwise use any content created by Recipients featuring Bombas Products across any platform or medium, (b) Publisher shall secure necessary rights from Recipients to permit Bombas’s use of such content, (c) Recipients shall retain ownership of content they create (excluding any Bombas Marks therein) but grant Bombas a perpetual, worldwide, royalty-free license to use such content for marketing purposes, and (d) neither Publisher nor Recipients shall alter Bombas Products or Bombas Marks in any way when creating content
• No Resale or Transfer. Publisher acknowledges and agrees that any Bombas Products provided for Product Seeding and Gifting may only be provided to Recipients for personal use and may not be sold, auctioned, or transferred to others, or used for any other purpose, whether by Publisher, Recipients or any other party, without prior written approval of Bombas.
• Indemnification for Product Seeding and Gifting. In addition to the indemnification provisions elsewhere in this Agreement, Publisher specifically agrees to defend, indemnify, and hold harmless Bombas from any claims, demands, liabilities, damages, losses, costs, and expenses arising from or related to any Product Seeding and Gifting program, including but not limited to claims related to: (a) Publisher’s selection of or communications with Recipients; (b) Recipient’s use of or statements about Bombas Products; (c) failure to make required disclosures; or (d) any violation of this Agreement by Publisher or Recipients.
• Promotions
• Prior Approval. Publisher may not conduct any giveaways, sweepstakes, contests or other similar promotions (each, a “Promotion”) in connection with the Program and/or otherwise related to or involving Bombas, Bombas Products or Bombas gift cards without Bombas’s prior written approval, which may be granted or withheld in Bombas’s sole discretion.
• Legal Compliance. In the event that Bombas approves a Promotion, Publisher shall be solely responsible for compliance all applicable federal, state, and local laws, rules, and regulations related to Promotions, including but not limited to sweepstakes and lottery laws, FTC Guidelines, privacy laws, and tax regulations. Publisher acknowledges that these laws vary by jurisdiction and may require registration, bonding, or specific disclosures.
• Official Rules and Disclosures. All Promotions must include comprehensive official rules that clearly disclose all material terms, including but not limited to: eligibility requirements, entry methods, start and end dates, prize descriptions, winner selection methods, odds of winning, and all legally required disclosures. Publisher must prominently disclose that Bombas is providing the prize but is not the sponsor, administrator, or operator of the Promotion.
• Use of Bombas Products and Marks. Publisher may only use Bombas Products, gift cards, and Bombas Marks in connection with approved Promotions and in accordance with any specific guidelines provided by Bombas. Publisher shall not represent that Bombas is sponsoring, endorsing, or administering the Promotion unless expressly authorized in writing by Bombas.
• No Purchase Requirements. Publisher shall not require a purchase of Bombas Products as a condition of entry into any Promotion, and must always provide a free, alternative method of entry that offers equal opportunity to win.
• Winner Selection and Fulfillment. Publisher is solely responsible for winner selection, verification, notification, and prize fulfillment in accordance with the official rules. Publisher must maintain records of all entries, winner selection, prize distribution, and required winner affidavits for at least one (1) year after the conclusion of the Promotion and provide such records to Bombas upon request.
• Tax Responsibilities. Publisher is solely responsible for all tax reporting obligations related to the Promotion, including but not limited to collecting W-9 forms from winners, issuing 1099 forms where required by law, and making any required tax withholdings. Publisher shall clearly disclose in the official rules that winners are responsible for all taxes associated with prize acceptance.
• Indemnification for Promotions. In addition to the indemnification provisions elsewhere in this Agreement, Publisher specifically agrees to defend, indemnify, and hold harmless Bombas from any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to any Promotion, including but not limited to claims related to: (a) violation of any laws or regulations; (b) prize fulfillment issues; (c) tax obligations; (d) false or misleading representations; (e) injury or damage caused by prizes; or (f) administration of the Promotion.
• Termination of Promotion. Bombas reserves the right to require Publisher to immediately terminate or modify any Promotion if Bombas determines, in its sole discretion, that the Promotion may violate applicable law, damage Bombas’s reputation, or otherwise fail to comply with this Agreement.
• Social Media Platform Compliance. For Promotions conducted on social media platforms, Publisher must comply with all terms, policies, and guidelines of the applicable platforms, and must include all disclosures required by such Publisher acknowledges that social media platforms frequently update their promotion guidelines and agrees to remain in compliance with current requirements.
• No Spam or Unsolicited Communications. Publisher shall not use any Promotion to generate spam or unsolicited communications, or to collect personal information beyond what is reasonably necessary to administer the Promotion.
• International Restrictions. Unless specifically approved in writing by Bombas, Publisher shall limit Promotion eligibility to legal residents of the United States who are at least 18 years of age or the age of majority in their jurisdiction of residence.

Payment Terms

Subject to the terms hereof, Bombas agrees to pay you the Payouts for each Qualifying Transaction, provided that the customer (i) must have purchased Bombas Products by accessing the Bombas Site directly via a Qualifying Link from one of your Authorized Channels; and (ii) must have clicked the Qualifying Link to the Bombas Site and purchased Bombas Products, provided that it was the last Qualifying Link to the Bombas Site that the customer clicked. All determinations of Qualifying Links and Qualifying Transactions, and whether a Payout is payable, will be made by Bombas in its sole discretion.

For purposes of clarity and the avoidance of doubt, if a commission is set to 0% on the Network with respect to certain Publisher Content and/or Qualifying Links, Bombas will not owe Publisher any commission with respect to such Publisher Content and/or Qualifying Links.

Right to Withhold Payment.

Bombas reserves the right to withhold payment for Qualifying Transactions in the event of any of the following circumstances: (a) verified product/service returns or cancellations, or disputed charges; (b) purchases made with the intent to resell; (c) duplicate entry or other clear error; (d) non-bona fide transactions (e.g., promoting Bombas in a way that misleads a customer or causes transactions to be made that are not in good faith, including, but not limited to, using any device, program, robot, iframes, or hidden frames, or Publisher making purchases using its own Qualifying Links, or Qualifying Transactions that Bombas suspects to be made with intent to resell and/or produce sales or actions that are made through fraudulent or illegal means); (e) another failure by Publisher to comply with this Agreement; (f) with respect to a Qualifying Transaction, non-receipt of payment from, or refund of payment to, the customer; or (g) the Publisher is not the last entity to refer such customer to Bombas before a transaction is completed.  In no event may more than 5% of unique customers for any Payout calculation come from one IP Address.

Payout Schedule

We will pay the Payouts on a monthly basis unless otherwise set forth in any written terms mutually agreed between you and Bombas (e.g., an insertion order). The Network will send you a check or effect a direct deposit or otherwise, as selected by you from the Payout options available by the Network for the Payouts you have earned that were tracked during that such month, less any amounts properly withheld.

Order Processing, Tracking, and Reporting; Purchase Policies and Pricing

Bombas shall have the sole right and responsibility for processing all transactions made by customers on a Bombas Site.

You acknowledge that internet tracking services that may be used are subject to factors beyond Bombas’s reasonable control that may cause discrepancies in matching Qualifying Links to Qualifying Transactions. For example, we are currently unable to track transactions involving customers with browsers set to disable “cookies” and who browse other websites owned or operated by other Publishers before completing their purchase on a Bombas Site. You acknowledge that such discrepancies will not constitute a breach of this Agreement and you will have no recourse for damages suffered as a result of such discrepancies.

To permit accurate tracking, reporting and fee accrual, you must ensure that the links between any Authorized Channels and the Bombas Site are properly formatted. Bombas will not be responsible for improperly formatted links regardless of whether you have made amendments to the code or not.

Reports summarizing this activity will be available to you through the Network. The form, content and frequency of the reports are limited to those reports and capabilities available through the Network and may vary from time to time in our and the Network’s reasonable discretion. Bombas is not responsible for any changes that the Network may make in reporting format or timing or in the types of reports available.  

If you believe an action did not track, you may create an action inquiry to provide the missing order details to Bombas for review. By passing an order ID to Bombas, you are asking Bombas to verify the order ID and credit your account if the action failed to track. This process is limited to actions which have occurred within thirty (30) days prior to the action inquiry.

You acknowledge that all agreements relating to Bombas Products purchased through the Program shall be between Bombas and its customers. Customers who purchase products and services through this Program will be deemed to be customers of Bombas. Accordingly, all Bombas rules, policies, and operating procedures will apply to any transactions or relationships resulting from the Program. Bombas may change its policies and operating procedures at any time. Bombas will determine the prices to be charged for Bombas Products sold under the Program in accordance with its own pricing policies. Product prices and availability may vary from time to time.  You agree not to include the prices of Bombas Products in any Publisher Content unless it is provided to you through the Network and authorized for your use in connection with a particular engagement, or unless expressly authorized in writing by Bombas. Bombas will use commercially reasonable efforts to present accurate information, but cannot guarantee the availability or price of any particular Bombas Product or the error‐free or uninterrupted operation of any Bombas Site or the Network’s platform.

As between, you and Bombas, Bombas will own all right, title and interest (including all intellectual property rights) in and to all information that is created or collected in connection with this Agreement, including, without limitation, (a) any contact information collected from any customer who visits a Bombas Site from a Qualifying Link and (b) any information regarding click-through rates or product(s) purchased by such customers on a Bombas Site (“Sales Information”).

Confidentiality

You acknowledge and agree that it is imperative that all Confidential Information of Bombas remains confidential.  As used in this Agreement, “Confidential Information” means all non-public, confidential and proprietary information concerning Bombas and its products and services, including, without limitation, (i) Bombas’ business plans, schemes, marketing and advertising plans, proposals, data, research, information, and all written correspondence or documentation related thereto; (ii) all materials provided to you by Bombas, whether directly or indirectly, including through the Network; (iii) all information regarding Bombas’ internal business and marketing plans; (iv) the provisions of this Agreement; and (v) any other information that (a) is furnished or made available to you by Bombas in the course of your participation in the Program hereunder; or (b) any information you derive from any of the foregoing.  Confidential Information shall not include information (a) already lawfully known to or independently developed by you, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third-party. All Sales Information is Bombas’ Confidential Information.

During and after the Term, you agree (i) not to disclose or use, or allow anyone else to use, any Confidential Information for any purpose, other than in connection with your participation in the Program in accordance with the terms of this Agreement and any other applicable Additional Terms; and (ii) not to make, or allow anyone else to make, copies of any Confidential Information, except as Bombas may agree in advance in writing.  If you are compelled to disclose any Confidential Information by law, you agree to give prior written notice to Bombas, so Bombas may seek a protective order at its option. Upon any termination or expiration of the Agreement and/or your participation in the Program, upon Bombas’ written request, you shall return to Bombas or destroy (at Bombas’ option) any Confidential Information in your possession.

You agree not to issue any press release or public announcement, distribute any marketing or promotional materials or otherwise make any public statements or communications to third parties regarding any such Confidential Information, this Agreement or your participation in the Program without Bombas’s prior written consent.

Applicable Law and Venue; Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE A JURY HEAR YOUR CLAIMS.  IT CONTAINS A CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL.

Applicable Law and Venue.

This Agreement is made in the State of New York and shall be construed and interpreted in accordance with the internal laws of New York, applicable to contracts made and performed entirely therein. Publisher agrees and consents that jurisdiction and venue of all matters relating to this Agreement shall be vested exclusively in the federal, state and local courts within the Borough of Manhattan, New York, New York.

Waiver of Class Actions.

You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis, and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Waiver of Jury Trial.

EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.

Term and Termination

Your participation in the Program shall commence upon your indication that you have accepted this Agreement via the Network portal and shall continue until terminated in accordance with the terms of this Agreement.

Bombas may terminate your participation in the Program or this Agreement at any time, for any reason, immediately upon written notice of such termination to you. Notwithstanding the aforementioned, Bombas shall be entitled to terminate your participation in the Program or this Agreement immediately if you materially breach or violate any terms or conditions of this Agreement, or in the event of legal or regulatory changes. Termination of this Agreement shall also terminate your participation in the Program. All rights to causes of action and any provisions which by their terms are intended to survive termination, shall survive termination of this Agreement. However, in the case of your breach of this Agreement, Bombas reserves the right to withhold any outstanding payments and pursue further action against to recover additional monetary damages resulting from your breach of this Agreement and failure to comply with the terms herein.

Bombas reserves the right to terminate the Program at any time.

Upon termination of the Program or this Agreement for any reason, (a) Bombas shall have no further liability or obligation to you other than obligations due at the effective date of termination, and (b) you will immediately cease use of, and remove from Authorized Channels, all Qualifying Links, Creative, and Bombas Marks, and any other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You agree to return to Bombas, upon its request, any and all documents or other media embodying Bombas’ image, marks, or other intellectual property, and you agree that you will not (a) use the Bombas name, or any variation thereof, in any manner not expressly authorized by us; (b) create, publish or distribute any materials, written or verbal, that make reference to Bombas or any individual within Bombas, without first submitting such material to us and receiving our prior written consent, which we may withhold in our sole discretion; or (c) use the Bombas name to disparage Bombas, Bombas Products, or in a manner that, in our sole judgment, may diminish or otherwise damage the goodwill in Bombas’ name, intellectual property, and/or Bombas Products.

Intellectual Property License

Subject to the terms and conditions of this Agreement, Bombas hereby grants you a nonexclusive, nontransferable, revocable, limited license, during the term of this Agreement only, to reproduce and display the Bombas Marks and any Creative made available through the Network, for the sole purpose of advertising and generating sales of Bombas’ Products in connection with the use of a Qualifying Link from an Authorized Channel to a Bombas Site pursuant to this Agreement.  Except as otherwise explicitly set forth herein, neither party shall use the other party’s trade names, trademarks, servicemarks, logos, or symbols, nor any adaptation or variation thereof, in any manner whatsoever, without the other party’s express prior written consent. All such uses shall be subject to the other party’s approval, shall inure solely to the benefit of the other party and shall give the other party no rights whatsoever in such intellectual property of the other party.

Representations And Warranties

You represent and warrant that (a) you have the authority to participate in the Program and enter into this Agreement and sufficient rights to grant any licenses expressed herein, (b) you shall, in the performance of all of your rights and obligations under this Agreement, comply with all applicable laws, rules, and regulations, and (c) any material which is provided to Bombas by or on behalf of you, or displayed on an Authorized Channel or any communication containing Qualifying Links or any other Bombas Products (including Publisher Content, but exclusive of any Bombas Marks and Creative approved for your use), will have obtained all required permissions and will not (i) infringe on any third party's intellectual property or other rights; (ii) be defamatory or libelous or otherwise make any false or misleading claims; (iii) violate any laws; or (iv) otherwise violate any of the standards set forth herein. 

BOMBAS MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BOMBAS MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE PROGRAM, OR THAT ANY BOMBAS SITE, PROGRAM SITE IF APPLICABLE, OR NETWORK SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND BOMBAS WILL NOT BE RESPONSIBLE FOR CONSEQUENCES OR ANY INTERRUPTIONS OR ERRORS.

Indemnification

You hereby agree to defend, indemnify and hold harmless Bombas, and its parents, subsidiaries, and affiliates, and their respective directors, officers, employees, agents, assigns, distributors, and licensees harmless from and against all third-party demands, claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees and expenses) arising from or relating to any of the following: (i) your breach or alleged breach of any of the terms of this Agreement; (ii) any act or omission by you or your employees, affiliates, agents, or contractors; (iii) any misrepresentation made by you; (iv) any claim related to an Authorized Channel Publisher Content, including, without limitation, all content therein not contributed directly by Bombas; (v) your use or modification of any of the services or materials, including, without limitation, Qualifying Links, Creative, or Bombas Marks, provided by us or Network in connection with this Agreement; (vi) your violation of any intellectual property or other rights; or (vii) your violation or alleged violation of any law, rule, or other applicable regulatory requirement (including without limitation the FTC Guidelines).  Bombas reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Bombas’ defense of any claim. You will not in any event settle any claim without the prior written consent of Bombas.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOMBAS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR TREBLED DAMAGES, ARISING FROM ANY DISPUTE, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE RELATIONSHIP BETWEEN THE PARTIES WHETHER SUCH DAMAGES ARE CLAIMED FOR BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER TORT CLAIM. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOMBAS’ AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE PROGRAM WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. 

Waiver of Equitable Relief

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CREATIVE, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY BOMBAS OR A LICENSOR OF BOMBAS.

Modification of Terms

Bombas may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or an updated Agreement on the Network or otherwise communicating such change to you. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures or Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT AND YOU MUST IMMEDIATELY CEASE ALL USES OF ANY BOMBAS ASSETS, INFORMATION AND MARKS PROVIDED TO YOU IN CONNECTION WITH THE PROGRAM ALONG WITH ANY LINKS TO ANY BOMBAS SITE. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE NETWORK WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

General Provisions

Severability; Interpretation; Assignment.

The provisions of this Agreement are severable. If any provision of this Agreement or the application thereof to any person or circumstance, shall be deemed invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Agreement that can be given effect.  This Agreement shall be deemed a mutual agreement and shall not be construed and/or interpreted in favor or against either party on the basis of preparation of the full Agreement.  The summaries of provisions and section headings are provided for convenience only and shall not limit the full Agreement. Bombas may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice.  This Agreement and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Bombas.

The rights and remedies of Bombas are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be unenforceable by specific performance, injunction, or other equitable remedy.

Notices.

If the Notice is to you, it shall be addressed to the electronic or postal address you have provided to the Network. If Notice is to Bombas, it shall be addressed and sent to Bombas LLC, Attention: Vice President of Legal with a copy sent via email to [removed] The effective date of such Notice shall be deemed to be the date upon which any such Notice is delivered to the addressee.  You shall promptly provide Bombas with a valid telephone number and e-mail address, and any changes thereto.

No Agency.

You and Bombas 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 Bombas’s behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Binding Nature.

This Agreement shall be binding upon Publisher and its successors, heirs, guardians, representatives and executors.

Survival.

The provisions of this Agreement, and any applicable Additional Terms, which by their nature should survive termination of your participation in the Program, including sections on Confidentiality, Applicable Law and Venue; Dispute Resolution, Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Modification of Terms, and General Provisions, will survive.

Complete Agreement; No Waiver.

This Agreement reflects our complete agreement regarding the Program and supersedes any prior agreements, representations, warranties, assurances or discussion related to the Program. Except as expressly set forth in this Agreement, (i) no failure or delay by you or Bombas in exercising any of the rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this Agreement will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. 

Investigations; Cooperation with Law Enforcement.

Bombas reserves the right to investigate and prosecute any suspected breaches of this Agreement or the Program.  Bombas may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.