Yummie affiliate program

Launched in 2008, Yummie by Heather Thomson is today’s newest hybrid where fashion meets function. It’s a modern collection of wardrobe layering basics that are meant to be seen. Fashion, fit, function and most importantly, comfort all blend in Yummie’s innovative designs, supporting the ever changing needs of women’s wardrobe. This program offers a 10-day cookie duration.

When it comes to getting dressed, Yummie makes it simple: you don’t have to compromise on comfort for confidence.  Our versatile wardrobe staples are infused with a little extra. Some have curve-sculpting powers, some regulate your temperature, and they’re all so comfy you’ll forget you’re wearing them.  With everything from ready-to-wear to underwear, no matter what you choose you’ll look and feel simply delicious. That’s Yummie.  Dressing, uncomplicated.

Yummie Affiliate Marketing Program Agreement

This Affiliate Marketing Program Agreement (the "Agreement") contains the terms and conditions that apply to your participation in Yummie Affiliate Marketing Program (the "Program").

Please read this Agreement carefully. By participating in the Program, you represent that you ("Affiliate" or "you" or "your") have read, fully understand and agree to the terms of this Agreement with Times Three Clothier, LLC d/b/a Yummie, ("Yummie" or "we" or "us" or "our"). In addition, if this Agreement is being executed on behalf of a legal entity, you represent and warrant that you are authorized to legally bind that entity to this Agreement.  If you do not agree to these terms, do not participate in the Program.

In order to apply for this Program, you must first sign up as an affiliate of the Pepperjam Affiliate Network Corporation, a Delaware Corporation ("Pepperjam Affiliate Network") and you must agree to the Pepperjam Affiliate Network’s Publisher Membership Agreement (the "Pepperjam Affiliate Network Agreement").

You may apply to participate in the Program by providing all the information required by Pepperjam Affiliate Network in connection with becoming a Pepperjam Affiliate Network affiliate and by accepting the terms of this Agreement. If you apply to the program, we will review your website and notify you of your acceptance or rejection into our Program. We reserve the right to accept or reject your application in our sole discretion; however, we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision. If your application is accepted, you may obtain such discounts and affiliate commissions as are offered pursuant to this Program for so long as this Agreement is not terminated.

Your affiliate website(s) ("Your Website") may not:

• Infringe on our or any anyone else's intellectual property, publicity, privacy or other rights.
• Violate any law, rule or regulation.
• Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contain nudity, pornography or sexually explicit materials.
• Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, 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.
• Mislead customers as to the products or services available on Your Website or on our Yummie website, located at www.yummie.com (the "Yummie Site"). 

Upon acceptance into the Program, links will be made available to you through the Pepperjam Affiliate Network affiliate website. Your acceptance in our Program means you agree to abide by the following.

• You will only use linking codes obtained from the Pepperjam Affiliate Network affiliate website without manipulation.
• All domains that use your affiliate link must be listed in your affiliate profile on the Pepperjam Affiliate Network affiliate website.
• Affiliates may not advertise our products on websites that they do not own. For example, Google Product Search, Amazon, eBay or any comparison-shopping engines such as Shopzilla or Pricegabber.
• Your Website will not in any way copy, resemble, or mirror the look and feel of the Yummie Site. You will also not use any means to create the impression that Your Website is Yummie or any part of Yummie including, without limitation, framing the Yummie Site in any manner.
• You may not engage in cookie stuffing or include pop-ups, false or misleading links on Your Website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e., the page which originates the click).
• You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain.
• You may not create any links that lead the customer to a destination site that is not clearly suggested by the content of the starting site.

If you are approved for this Program and utilize PPC advertising, you must observe our PPC guidelines.
You may not: 

• Bid on any of our Trademarks, as defined in Section 5, including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Bing or any other network.
• Use our Trademarks in sequence with any other keyword (e.g., Yummie Coupons)
• Use our Trademarks in your ad title, ad copy, display name or as the display URL.
• Direct link to the Yummie Site from any PPC ad or use redirects that yield the same result. Affiliates must be directed to an actual page on Your Website.
• Bid in any manner appearing higher than Yummie for any search term in position 1-5 in any auction style PPC advertising program.

If your PPC campaigns are automated, it is your responsibility to exclude our Trademarks from your PPC advertising program and we strongly encourage you to add our Trademarks as negative keywords. We have a stringent no tolerance policy on PPC trademark bidding. If you engage in PPC trademark bidding that uses our Trademarks, your participation in the Program will be terminated immediately.

Upon acceptance into the Program, Yummie grants you a limited, non-exclusive, revocable, royalty-free right to use the Trademarks of Yummie during the term of this Agreement solely in connection with your participation in the Program, provided that you shall not: (a) use the Trademarks in any manner to communicate or suggest any sponsorship or other connection between Yummie and you other than your participation in the Program, and (b) harm or adversely affect the Trademarks or the goodwill associated with the Trademarks. All promotional messaging and materials used by you containing such Trademarks shall be subject to Yummie's prior written approval. Except for the limited license provided in this Agreement, Yummie reserves all rights in and to the Trademarks and the goodwill associated therewith. All uses of the Trademarks by you shall inure to the benefit of Yummie. You shall not acquire, directly or by implication, any rights or license in the Trademarks except as expressly provided in this Agreement. Your right to use the Trademarks will terminate immediately if you violate any of the terms of this Agreement. For purposes of this Agreement, "Trademarks" means "Yummie," “yummie.com”, "yummielife.com," :yummieoutlast.com”, Yummie logos and such other names, logos, trade names, trademarks, service marks, trade dress, design marks, brands, copyrights in any designs and other copyrightable subject matter, and other product identifiers of Yummie. Yummie may from time to time notify you of the Trademarks within the meaning of this Agreement.

If you are enrolled in our Program and Your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:

• You may ONLY advertise coupon codes that are provided to you through the Program or that are displayed on the Yummie Site at yummie.com.
• Coupons must be displayed in their entirety with the full offer, valid expiration date, exclusions, and code.
• Unauthorized code usage and/or usage of codes not provided through the Program will result in declined commissions.

Use of any of our Trademarks as part of the domain or sub-domain (for example yummielife.website.com or www.yummie-coupons.com) for Your Website is strictly prohibited.

Upon acceptance into the Program, Yummie grants to you a nonexclusive, nontransferable license (the "License") to use certain banner advertisements, button links, text links, and/or other graphic or textual material (the "Promotional Materials") for display and use on Your Website. The term of the License shall expire upon the expiration or termination of this Agreement. You may not subcontract, assign, resell, lease, or sublicense any part of your participation in the Program or run a sub-affiliate program. Yummie may make Promotional Materials available to you to display and use on Your Website provided that the manner of display complies with the following requirements:

You may only use the Promotional Materials to promote Yummie (and the products available thereon), and for linking to Yummie Site at yummielife.com. You shall use only such links to yummielife.com as are provided to you by Yummie.

You shall not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Yummie without consent from Yummie. If you wish to alter or otherwise modify the Promotional Materials, you must obtain prior written consent from Yummie for such alteration of modification. 

Yummie reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, unauthorized code usage, and violations of the Program as defined in this Agreement.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of this Agreement, we expect a response from you within 72 hours or your participation will be suspended. We reserve the right to reverse orders when there are violations of this policy, including:

• You are not forthcoming, intentionally vague or are found to be lying.
• You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
• You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.

We reserve the right to reverse orders, set your commission to 0% or suspend you from the Program for the period or orders in question if any of the above applies. We understand many violations are a result of automated processes; however, it is incumbent upon you to ensure that you have the appropriate measurements and processes in place to address these issues.

Yummie retains all right, title, ownership, and interest in the Promotional Materials and Trademarks, including any and all copyright, trademark, or other intellectual property rights therein. Nothing in this Agreement shall be construed to grant you any right, title or ownership in the Promotional Materials, or in the underlying intellectual property, other than the right to use the Promotional Materials in accordance with the License, as set forth in Section 8.

This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Yummie and you. You shall provide services for Yummie as an independent contractor. You shall have no authority to bind Yummie to any agreement, nor shall you be considered to be an agent of Yummie in any respect.

You shall not circumvent or attempt to circumvent El Toro Interactive, LLC (“ELT”), and agree not to directly solicit relationships with ELT clients. You agree not to solicit, contact, recruit, or encourage, directly or indirectly, any client that has a proprietary relationship with ELT for the purpose of Affiliate Marketing including Yummie however, both parties can agree to allow any relationship such that the paragraph of this agreement to not apply. Failure to comply with this Section may, at our discretion, result in termination of your participation in the program.

Upon acceptance into the Program, you will be eligible to receive an affiliate commission (the "Commission") for the successful completion of Eligible Purchases. An "Eligible Purchase" occurs when a customer (not you) clicks-through the link (supplied by Yummie to you) to Yummie Site at yummie.com and successfully completes a purchase for which Yummie receives and retains payment. To be an Eligible Purchase, the sale must be completed by a customer that is physically located in the United States. The current rates of Commission shall be set forth in your Pepperjam Affiliate Network affiliate program located on the Pepperjam Affiliate Network affiliate website. Yummie reserves the right to modify the Commission rate from time to time, in its sole discretion. Yummie is responsible for authorizing Commission payments and Pepperjam Affiliate Network will be solely responsible for fulfilling and transferring all Commission payments in accordance with the Pepperjam Affiliate Network Agreement. Yummie will be entitled to withhold, deduct and set off from any payments to be made to you hereunder any sums owed by you to Yummie, whether in connection with this Agreement (including any breach hereof by you) or otherwise.

DISCLAIMER
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL YUMMIE BE LIABLE TO YOU UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGALOR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. IN NO EVENT SHALL YUMMIE’S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT. YUMMIE DOES NOT WARRANT OR GUARANTEE ANY RESULTS OF PARTICIPATION IN THE PROGRAM. ALL PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU RECOGNIZE THAT THESE DISCLAIMERS ARE AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH YUMMIE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. YUMMIE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY (TO THE EXTENT PERMITTED BY LAW), REGARDING THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NOREPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS SHALLBE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF YUMMIE WHATSOEVER.

YOU SHALL INDEMNIFY AND HOLD HARMLESS YUMMIE FROM ANY CLAIM, DAMAGE, LAWSUIT, ACTION, COMPLAINT, OR OTHER COSTS ARISING OUT OF ANY WRONGFUL ACT RELATED IN ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR BREACH OF THIS AGREEMENT. YOU SHALL ALSO INDEMNIFY AND HOLD HARMLESS YUMMIE FROM ANY DAMAGE, LOSS OR OTHER COST ARISING OUT OF THE USEOR MISUSE BY YOU OF THE TRADEMARKS OR PROMOTIONAL MATERIALS.

Any information that you are exposed to by virtue of your participation in the Program, which information is not available to the general public, shall be considered to be "Confidential Information." You may not disclose any Confidential Information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from Yummie. You shall not use any Confidential Information except to the extent necessary to fulfill the purposes of this Agreement.

Your participation in the Program shall begin upon your acceptance as an affiliate by Yummie and shall end when terminated by either party. Either party may terminate such status at any time, with or without cause. Upon termination, all licenses granted to you pursuant to the Program shall cease and you shall immediately remove all codes and links, references on Your Website regarding Yummie, and cease any and all use of Promotional Materials, Trademarks or any other trade or service marks, trade names or any other items received through or used in connection with such Program. Subject to Section 13, upon the termination of your participation in the Program for any reason, you will be entitled to receive Commissions only on Eligible Purchases that occurred prior to such termination.  Yummie reserves the right to terminate the Program at any time upon notice to you.

These terms and conditions may be modified at any time, at our sole discretion. If you disagree with any modification, your only recourse is to terminate this Agreement. You agree that, if you continue to participate in the Program following a posted modification, your continued participation represents acceptance of the revised term.

In connection with your participation in this Program, you will comply with all applicable laws, rules and regulations, including but not limited to the following laws, rules and regulations governing marketing and promotions:

• The CAN-SPAM Act of 2003

• Section 5 of the FTC Act
• The FTC's disclosure rules regarding endorsements.  

To comply with the FTC's disclosure rules regarding endorsements, you shall include a disclosure statement within any and all pages/posts where affiliate links for the Program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from our designated affiliate management team for review, this also must be clearly stated in your disclosure.

This Agreement is governed by the laws of the State of New York, without regard to its choice of law principles. You hereby irrevocably consent to jurisdiction of the state and federal courts located in the State of New York with respect to any proceeding regarding this Agreement. You will not prosecute any action, suit, proceeding, or claim arising under or by reason of this Agreement except in such courts.

Unauthorized code usage and/or usage of codes not provided through the Program will result in declined commissions.
7. DOMAIN GUIDELINES
Use of any of our Trademarks as part of the domain or sub-domain (for example yummielife.website.com or www.yummie-coupons.com) for Your Website is strictly prohibited.
8. ADVERTISING
Upon acceptance into the Program, Yummie grants to you a nonexclusive, nontransferable license (the "License") to use certain banner advertisements, button links, text links, and/or other graphic or textual material (the "Promotional Materials") for display and use on Your Website. The term of the License shall expire upon the expiration or termination of this Agreement. You may not subcontract, assign, resell, lease, or sublicense any part of your participation in the Program or run a sub-affiliate program. Yummie may make Promotional Materials available to you to display and use on Your Website provided that the manner of display complies with the following requirements:
You may only use the Promotional Materials to promote Yummie (and the products available thereon), and for linking to Yummie Site at yummielife.com. You shall use only such links to yummielife.com as are provided to you by Yummie.
You shall not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Yummie without consent from Yummie. If you wish to alter or otherwise modify the Promotional Materials, you must obtain prior written consent from Yummie for such alteration of modification. Requests can be submitted to OAK Digital Agency. 
9. REVERSALS & COMMUNICATION
Yummie reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, unauthorized code usage, and violations of the Program as defined in this Agreement.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of this Agreement, we expect a response from you within 72 hours or your participation will be suspended. We reserve the right to reverse orders when there are violations of this policy, including:
You are not forthcoming, intentionally vague or are found to be lying.
You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.
We reserve the right to reverse orders, set your commission to 0% or suspend you from the Program for the period or orders in question if any of the above applies. We understand many violations are a result of automated processes; however, it is incumbent upon you to ensure that you have the appropriate measurements and processes in place to address these issues.
10. INTELLECTUAL PROPERTY
Yummie retains all right, title, ownership, and interest in the Promotional Materials and Trademarks, including any and all copyright, trademark, or other intellectual property rights therein. Nothing in this Agreement shall be construed to grant you any right, title or ownership in the Promotional Materials, or in the underlying intellectual property, other than the right to use the Promotional Materials in accordance with the License, as set forth in Section 8.
11. RELATIONSHIP OF PARTIES
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Yummie and you. You shall provide services for Yummie as an independent contractor. You shall have no authority to bind Yummie to any agreement, nor shall you be considered to be an agent of Yummie in any respect.
12. NON-CIRCUMVENT
You shall not circumvent or attempt to circumvent OAK Digital Agency, and agree not to directly solicit relationships with OAK Digital Agency’s clients. You agree not to solicit, contact, recruit, or encourage, directly or indirectly, any client that has a proprietary relationship with OAK Digital Agency for the purpose of Affiliate Marketing including Yummie however, both parties can agree to allow any relationship such that the paragraph of this agreement to not apply. Failure to comply with this Section may, at our discretion, result in termination of your participation in the program.
13. AFFILIATE COMMISSIONS
Upon acceptance into the Program, you will be eligible to receive an affiliate commission (the "Commission") for the successful completion of Eligible Purchases. An "Eligible Purchase" occurs when a customer (not you) clicks-through the link (supplied by Yummie to you) to Yummie Site at yummielife.com and successfully completes a purchase for which Yummie receives and retains payment. To be an Eligible Purchase, the sale must be completed by a customer that is physically located in the United States. The current rates of Commission shall be set forth in your Pepperjam Affiliate Network affiliate program located on the Pepperjam Affiliate Network affiliate website. Yummie reserves the right to modify the Commission rate from time to time, in its sole discretion. Yummie is responsible for authorizing Commission payments and Pepperjam Affiliate Network will be solely responsible for fulfilling and transferring all Commission payments in accordance with the Pepperjam Affiliate Network Agreement. Yummie will be entitled to withhold, deduct and set off from any payments to be made to you hereunder any sums owed by you to Yummie, whether in connection with this Agreement (including any breach hereof by you) or otherwise.

We are Yummie. We focus on fashion and function, but we never sacrifice on comfort. We recognize that our threads will be caressing the most delicate parts of your body, your body that deserves nothing but the BEST! That’s why our versatile designs, innovative fits, and deliciously soft fabrics are perfectly pieced together to meet your every need - always delivering a true win for your skin. Our modern collection of wardrobe layering basics re meant to be seen. Fashion, fit, function and comfort all blend in our innovative designs. Our extensive world renowned collection of Leggings, Bras, Bodysuits, Tanks and Camis, Loungewear, Shapewear and Underwear is modern and functional and provides additional benifits of shaping and smoothing throughout the entire product range.  The Innovative Design Behind Looking Good Yummie is all about comfort. Our design team works extensively with fabric mills to develop innovative fabrics. Of course, besides innovative, they have to be deliciously soft and luxurious, too. Every garment goes through an extensive engineering process for fit, as well as extensive wear testing. If it doesn’t feel good, it simply doesn’t make the cut. The Yummie Hug It’s not a squeeze. It’s a hug. Yummie is slimming and smoothing, but not to the point of being uncomfortable. From everyday tanks to body shapers that hug you just right, our ultimate goal is for you to feel good about yourself without self-doubt! If you want your clothes to fit better, you’ve come to the right place. If you never want to fear a three-way mirror again, Yummie is definitely for you!  10,5% Commission on every sale within a 30 day cookie period   Cashback, Loyalty and Shopping Site partners will receive 10,5% commission  Vouchercode partners will receive 7% commission