POPSUGAR Must Have affiliate program

POPSUGAR Must Have subscription box is curated by POPSUGAR editor in chief Lisa Sugar and her team of editors, and they select full-size, premium items - the very best in fashion, beauty, home, fitness, food, and deliver them right to your door. This program offers a 14-day cookie duration.

MONTHLY SUBSCRIPTION PURCHASE

Payout
You earn $10.00 (Flat Fee per item ordered)

Category Level Exceptions
Gift: You earn $0.00 (Flat Fee per item ordered)

SKU Level Exceptions
Special Edition: You earn $0.00 (Flat Fee per item ordered)

Crediting Policy
Last Click

Performance Bonus
None

Click Referral Period
Visitor must purchase within 14 days of referral

Action Locking
All actions happening in a given month are locked 30 days after the end of the month

Payout Scheduling
Approved Transactions are paid 30 days after they lock

Recurring Transactions
Payout applies to the initial transaction only of return customers

Change Notification Period
The insertion order can be changed or cancelled with 1 day notification to you, the media partner. Positive changes apply immediately.

TERMS and CONDITIONS

POPSUGAR Inc., its subsidiaries and affiliates (“POPSUGAR,” “we,” “us,” or “our”) owns and operates the POPSUGAR Must Have services (“POPSUGAR Must Have”).  Your participation in this POPSUGAR Must Have Affiliate Program (“MH Affiliate Program”) is expressly conditioned upon your assent to all of the terms and conditions herein to the exclusion of all other terms (the “Agreement”).  If you do not agree to any of these terms and conditions, then please do not participate in the MH Affiliate Program. To the extent this Agreement is inconsistent with any other terms, whether written or oral, previously agreed upon by the parties, this Agreement shall supersede those terms and shall control. POPSUGAR reserves the right, in its sole discretion, to modify this Agreement at any time. Continued participation in the MH Affiliate Program constitutes your acceptance of this Agreement as modified.  POPSUGAR may change, suspend or discontinue the MH Affiliate Program at any time.  POPSUGAR may also impose limits on certain features or restrict your participation in the MH Affiliate Program at any time.

Payment
We will pay you the amount described above under “Payout” on qualifying purchases that are not excluded.  Subject to any applicable exclusions, a qualifying purchase occurs when a customer clicks through an affiliate link on your website and is directed to the Must Have website, then completes a purchase for an eligible item no later than fourteen (14) days following the click through; provided that the click though an affiliate link on your website is the “last click” before the purchase.  If the item purchased is not eligible, or if any exclusions apply, you will not be paid a Payout.  We reserve the right to withhold or reverse Payout on any transaction that is not a qualifying purchase, is excluded, or is otherwise prohibited or improper. 

Currency
Financial transactions covered by this Agreement will be processed in the USD currency. Currency exchanges will occur when you or your partner(s) have set a different default currency in account settings. 

Return Policy
Return of performance advertising actions are decided by POPSUGAR and governed by a max return percentage of 100% 

Paid Search/Brand Terms
Bidding on Brand Terms, including misspellings and variations or a derivation of a trademark or any other word that is likely to cause confusion regarding its affiliation with POPSUGAR, is prohibited. “Brand Terms” include, but are not limited to: Must Have, POPSUGAR Must Have, POPSUGAR. We may modify this list at any time. Direct Linking to musthave.popsugar.com is also strictly prohibited. Failure to comply with our search policies may lead to termination of your participation in the program and the reversal of Payouts.

Trademarks
Use of any of the following words in your domains, or part of your URL structure is prohibited: musthave.com, popsugar.com, or any variations of any POPSUGAR trademark. You agree that your use of the POPSUGAR Must Have name, logo or other POPSUGAR trademarks (“Marks”) will be solely for the purpose of advertising POPSUGAR Must Have in accordance with the Agreement, and solely as expressly permitted by POPSUGAR.  You will immediately cease all further use of the Marks if this Agreement is terminated, or if you are otherwise instructed by us to do so. 

Eligibility and Exclusions
Only recurring transactions such as a POPSUGAR Must Have subscription are eligible purchases. Exclusions include but are not limited to: (1) Purchases of gift boxes, gift subscriptions, Special Edition Boxes, and other non-recurring transactions are excluded;  (2) Any purchase that is not correctly tracked or reported due to improper link, duplicate tracking, testing, or any other issue, is excluded;  (3) Any purchase made using a code that has not been explicitly provided for your use on this specific affiliate network (Non-Affiliate Code) is excluded; (4) Non-Affiliate Codes include but are not limited to codes that are intended for other marketing channels, networks or other advertisers, codes that are expired, and codes that are intended for testing, and all are excluded; (5) Any purchase that is cancelled, disputed or returned by the customer is excluded; (6) Any purchase made for resale or commercial use of any kind is excluded; (7) Any purchase that is not in accordance with this Agreement, the Must Have Terms of Service and Terms of Sale located at http://mhblog.popsugar.com/tos (“Must Have Terms”), and any other offer terms and conditions provided by POPSUGAR Must Have, is excluded; (8) Any purchase that is not in accordance with all applicable affiliate network terms and conditions is excluded.   

Disclosure Requirements
You agree that you will include a disclosure statement within any post on a website or social media channel that includes affiliate links in connection with POPSUGAR Must Have, and that the disclosure will comply with all applicable laws, rules and regulations, including but not limited to Federal Trade Commission requirements and guidelines. You also agree that you will not misrepresent or embellish your relationship with POPSUGAR or POPSUGAR Must Have in any way. You may not make any representations, warranties or other statements concerning POPSUGAR or the POPSUGAR Must Have services, or any products or content contained therein, this Agreement, or the Must Have Terms, except as expressly authorized by this Agreement, as determined in our sole discretion.

Representations & Warranties
By participating in the MH Affiliate Program, you represent and warrant that: (a) you are lawfully able and have the authority to enter into and be bound by this Agreement; (b) you will not send any email or other form of electronic message or advertisement containing our Marks, product, website address, or other identifier to any recipient unless the recipient has directly consented to receive such communication from the sender, and you will provide any recipient with the ability to opt out through a valid unsubscribe mechanism; and (c) you will comply with all applicable federal, state and local laws and regulations, including but not limited to Federal Trade Commission disclosure requirements and CAN-SPAM requirements. POPSUGAR represents that it is lawfully able and has the authority to enter into and be bound by this Agreement.  POPSUGAR DOES NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 
Limitation of Liability
To the fullest extent allowed by applicable law, in no event shall POPSUGAR or its suppliers or their respective officers, directors, employees or agents be liable with respect to the MH Affiliate Program or the subject matter of this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of $100; (ii) for any indirect, incidental, punitive or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond POPSUGAR’s reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Waiver and Severability
POPSUGAR shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond POPSUGAR's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Subject to the arbitration provision and for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

Entire Agreement
You and POPSUGAR agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
No Assignment; No Agency
This Agreement is not assignable, transferable or sublicensable by you except with POPSUGAR's prior written consent. POPSUGAR may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind POPSUGAR in any respect whatsoever.

Termination and Survival of Terms
This Agreement and your participation in the MH Affiliate Program may be terminated by you or by us at any time, with or without cause, upon written notice of termination. All provisions of the Agreement, which by their nature are intended to survive performance hereof by you or POPSUGAR, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.

The POPSUGAR Must Have subscription box is curated by POPSUGAR editor in chief Lisa Sugar and her team of editors. They select full-size, premium items - the very best in fashion, beauty, home, fitness, food, and deliver them right to your door.