Quick introduction to the most important issues:
A). If you are a blogger / influencer – you simply register on our website as an affiliate.
(Registration link is in the footer.)
B). During registration you receive your own affiliate link.
C). You write about our vegan bags on your blog, using our promotional materials / banners.
As a link to our site, you use your own affiliate link.
D). We only use performance affiliate marketing (PPA – pay per acquisition),
aimed at gaining specific recipient activity (purchase).
E). For the purposes of affiliation, we use 90-day cookies and 20% commission on each sale.
This means that if a visitor enters BAGS.life from your website (via your own affiliate link)
and makes any purchase within 90 days –
you will receive a 20% commission on the amount he has issued.
F) By registering as our affiliate, you agree to join our affiliate mailing list,
which is our main contact channel with all affiliates.
This is a legal agreement between you and enka bros OÜ, the owner of the https://bags.life website.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in BAGS.life’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and the BAGS.life website. Please note that throughout this Agreement, “we,” “us,” and “our” refer to enka bros OÜ, and “you,” “your,” and “yours” refer to the affiliate.
1. Affiliate Rights and Obligations
1.1. To begin the enrollment process, you will complete and submit the online application at the BAGS.life server. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it promotes:
– sexually explicit materials
– discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
or is involved in any other illegal activities.
1.2. As a member of BAGS.life’s Affiliate Program, you will have access to your Affiliate Account. Here you will be able to review our Program’s details, download HTML code (that provides for links to web pages within the BAGS.life website) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
1.3 By registering as a BAGS.life affiliate, you agree to join our affiliate mailing list, which is our main contact channel with all affiliates.
2. enka bros OÜ Rights and Obligations
2.1. enka bros OÜ reserves the right to terminate this Agreement and your participation in the BAGS.life’s Affiliate Program immediately and without notice to you should you commit fraud in your use of the BAGS.life’s Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, enka bros OÜ shall not be liable to you for any commissions for such fraudulent sales.
2.2. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and BAGS.life’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in BAGS.life’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
5. Commissions & Payment
5.1 Your commissions are a percentage of the sales amounts made by customers who visit the BAGS.life website via your affiliate link. Our initial reference rate is 0.2, which means that your commission is 20% of the price of each purchase.
5.2 Your commissions will be charged if the following conditions are met:
A) Visitors to the BAGS.life website who have been directed to our site through your affiliate link will make a purchase in our store.
B) The purchase is made within 90 days of the redirection from your affiliate link.
5.3 Payments are made once a month after the end of each month – by direct transfer to the bank account indicated by you or to your PayPal account.
6. Access to Affiliate Account Interface
When you register in the affiliate area, you create a password by which you log in to the account interface. You will be able to receive reports on your account that describe our commission calculations due to you.
7. Promotion Restrictions
You are free to promote your own web sites, but naturally any promotion that mentions BAGS.life could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by BAGS.life.
For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name.
Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once.
In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.
You may use mailings to customers to promote BAGS.life so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings.
Also, you may post to newsgroups to promote BAGS.life so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from BAGS.life.
If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the BAGS.life Affiliate Program.
Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
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 BAGS.life site (i.e., no page from our site or any BAGS.life’s content or branding is visible on the end-user’s screen).
8. Grant of Licenses
8.1. We grant to you a non-exclusive, non-transferable, revocable right to (A) access our site through HTML links solely in accordance with the terms of this Agreement and (B) 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 BAGS.life’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of BAGS.life and the good will associated therewith will inure to the sole benefit of BAGS.life.
8.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
BAGS.LIFE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BAGS.LIFE SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BAGS.LIFE ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
10. Representations and Warranties
You represent and warrant that:
10.1. 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;
10.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
11. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL BAGS.LIFE’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO 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.
You hereby agree to indemnify and hold harmless enka bros OÜ, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
14.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and enka bros OÜ. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
14.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
14.3. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.4. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
14.5. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
14.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.