Roost + Restore Affiliate Program Terms of Service

Agreement

By sign­ing up to be an Affil­i­ate in the Roost + Restore Affil­i­ate Pro­gram (“Pro­gram”) you are agree­ing to be bound by the fol­low­ing terms and con­di­tions (“Terms of Service”).

Roost + Restore reserves the right to update and change the Terms of Ser­vice from time to time with­out notice. Any new fea­tures that aug­ment or enhance the cur­rent Pro­gram, includ­ing the release of new tools and resources, shall be sub­ject to the Terms of Ser­vice. Con­tin­ued use of the Pro­gram after any such changes shall con­sti­tute your con­sent to such changes.

Vio­la­tion of any of the terms below will result in the ter­mi­na­tion of your Account and for for­fei­ture of any out­stand­ing affil­i­ate com­mis­sion pay­ments earned dur­ing the vio­la­tion. You agree to use the Affil­i­ate Pro­gram at your own risk.

Account Terms

• You must be 18 years or old­er to be part of this Program.
• You must live in the Unit­ed States to be an Affiliate.
• You must be a human. Accounts reg­is­tered by “bots” or oth­er auto­mat­ed meth­ods are not permitted.
• You must pro­vide your legal full name, a valid email address, and any oth­er infor­ma­tion request­ed in order to com­plete the signup process.
• Your login may only be used by one per­son — a sin­gle login shared by mul­ti­ple peo­ple is not permitted.
• You are respon­si­ble for main­tain­ing the secu­ri­ty of your account and pass­word. Roost + Restore can­not and will not be liable for any loss or dam­age from your fail­ure to com­ply with this secu­ri­ty obligation.
• You are respon­si­ble for all Con­tent post­ed and activ­i­ty that occurs under your account.
• One per­son or legal enti­ty may not main­tain more than one account.
• You may not use the Affil­i­ate Pro­gram for any ille­gal or unau­tho­rized pur­pose. You must not, in the use of the Ser­vice, vio­late any laws in your juris­dic­tion (includ­ing but not lim­it­ed to copy­right laws).
• You may not use the Affil­i­ate Pro­gram to earn mon­ey on your own Roost + Restore prod­uct accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affil­i­ate Pro­gram, you will be assigned a unique Affil­i­ate Code. You are per­mit­ted to place links, ban­ners, or oth­er graph­ics we pro­vide with your Affil­i­ate Code on your site, in your emails, or in oth­er com­mu­ni­ca­tions. We will pro­vide you with guide­lines, link styles, and graph­i­cal art­work to use in link­ing to Roost + Restore. We may change the design of the art­work at any time with­out notice, but we won’t change the dimen­sions of the images with­out prop­er notice.

To per­mit accu­rate track­ing, report­ing, and refer­ral fee accru­al, we will pro­vide you with spe­cial link for­mats to be used in all links between your site and the Roost + Restore. You must ensure that each of the links between your site and the Roost + Restore prop­er­ly uti­lizes such spe­cial link for­mats. Links to the Roost + Restore placed on your site pur­suant to this Agree­ment and which prop­er­ly uti­lize such spe­cial link for­mats are referred to as “Spe­cial Links.” You will earn refer­ral fees only with respect to sales on a Roost + Restore prod­uct occur­ring direct­ly through Spe­cial Links; we will not be liable to you with respect to any fail­ure by you or some­one you refer to use Spe­cial Links or incor­rect­ly type your Affil­i­ate Code, includ­ing to the extent that such fail­ure may result in any reduc­tion of amounts that would oth­er­wise be paid to you pur­suant to this Agreement.

Affil­i­ate links should point to the page of the prod­uct being promoted.

Referral fees/commissions and payment

For a Prod­uct sale to be eli­gi­ble to earn a refer­ral fee, the cus­tomer must click-through a Spe­cial Link from your site, email, or oth­er com­mu­ni­ca­tions to https://roostandrestore.com and com­plete an order for a prod­uct dur­ing that session.

We will only pay com­mis­sions on links that are auto­mat­i­cal­ly tracked and report­ed by our sys­tems. We will not pay com­mis­sions if some­one says they pur­chased or some­one says they entered a refer­ral code if it was not tracked by our sys­tem. We can only pay com­mis­sions on busi­ness gen­er­at­ed through prop­er­ly for­mat­ted spe­cial links that were auto­mat­i­cal­ly tracked by our systems.

We reserve the right to dis­qual­i­fy com­mis­sions earned through fraud­u­lent, ille­gal, or over­ly aggres­sive, ques­tion­able sales or mar­ket­ing methods.

Pay­ments only begin once you’ve earned more than $20 in affil­i­ate income. If your affil­i­ate account nev­er cross­es the $20 thresh­old, your com­mis­sions will not be real­ized or paid. We are only respon­si­ble for pay­ing accounts that have crossed the $20 threshold.

Identifying yourself as a Roost + Restore Affiliate

You may not issue any press release with respect to this Agree­ment or your par­tic­i­pa­tion in the Pro­gram; such action may result in your ter­mi­na­tion from the Pro­gram. In addi­tion, you may not in any man­ner mis­rep­re­sent or embell­ish the rela­tion­ship between us and you, say you devel­op our prod­ucts, say you are part of Roost + Restore or express or imply any rela­tion­ship or affil­i­a­tion between us and you or any oth­er per­son or enti­ty except as express­ly per­mit­ted by this Agree­ment (includ­ing by express­ing or imply­ing that we sup­port, spon­sor, endorse, or con­tribute mon­ey to any char­i­ty or oth­er cause).

You may not pur­chase prod­ucts through your affil­i­ate links for your own use. Such pur­chas­es may result (in our sole dis­cre­tion) in the with­hold­ing of refer­ral fees and/or the ter­mi­na­tion of this Agreement.

Payment schedule

As long as your cur­rent affil­i­ate earn­ing are over $20, you’ll be paid each month. If you haven’t earned $20 since your last pay­ment, we’ll pay you the fol­low­ing mon­ht after you’ve crossed the threshold.

Customer definition

Cus­tomers who buy prod­ucts through this Pro­gram will be deemed to be our cus­tomers. Accord­ing­ly, all of our rules, poli­cies, and oper­at­ing pro­ce­dures con­cern­ing cus­tomer orders, cus­tomer ser­vice, and prod­uct sales will apply to those cus­tomers. We may change our poli­cies and oper­at­ing pro­ce­dures at any time. For exam­ple, we will deter­mine the prices to be charged for prod­ucts sold under this Pro­gram in accor­dance with our own pric­ing poli­cies. Prod­uct prices and avail­abil­i­ty may vary from time to time. Because price changes may affect Prod­ucts that you have list­ed on your site, you should not dis­play prod­uct prices on your site. We will use com­mer­cial­ly rea­son­able efforts to present accu­rate infor­ma­tion, but we can­not guar­an­tee the avail­abil­i­ty or price of any par­tic­u­lar product.

Your responsibilities

You will be sole­ly respon­si­ble for the devel­op­ment, oper­a­tion, and main­te­nance of your site and for all mate­ri­als that appear on your site. For exam­ple, you will be sole­ly respon­si­ble for:

- The tech­ni­cal oper­a­tion of your site and all relat­ed equipment
— Ensur­ing the dis­play of Spe­cial Links on your site does not vio­late any agree­ment between you and any third par­ty (includ­ing with­out lim­i­ta­tion any restric­tions or require­ments placed on you by a third par­ty that hosts your site)
— The accu­ra­cy, truth, and appro­pri­ate­ness of mate­ri­als post­ed on your site (includ­ing, among oth­er things, all Prod­uct-relat­ed mate­ri­als and any infor­ma­tion you include with­in or asso­ciate with Spe­cial Links)
— Ensur­ing that mate­ri­als post­ed on your site do not vio­late or infringe upon the rights of any third par­ty (includ­ing, for exam­ple, copy­rights, trade­marks, pri­va­cy, or oth­er per­son­al or pro­pri­etary rights)
— Ensur­ing that mate­ri­als post­ed on your site are not libelous or oth­er­wise illegal
— Ensur­ing that your site accu­rate­ly and ade­quate­ly dis­clos­es, either through a pri­va­cy pol­i­cy or oth­er­wise, how you col­lect, use, store, and dis­close data col­lect­ed from vis­i­tors, includ­ing, where applic­a­ble, that third par­ties (includ­ing adver­tis­ers) may serve con­tent and/or adver­tise­ments and col­lect infor­ma­tion direct­ly from vis­i­tors and may place or rec­og­nize cook­ies on vis­i­tors’ browsers.

Compliance with Laws

As a con­di­tion to your par­tic­i­pa­tion in the Pro­gram, you agree that while you are a Pro­gram par­tic­i­pant you will com­ply with all laws, ordi­nances, rules, reg­u­la­tions, orders, licens­es, per­mits, judg­ments, deci­sions or oth­er require­ments of any gov­ern­men­tal author­i­ty that has juris­dic­tion over you, whether those laws, etc. are now in effect or lat­er come into effect dur­ing the time you are a Pro­gram par­tic­i­pant. With­out lim­it­ing the fore­go­ing oblig­a­tion, you agree that as a con­di­tion of your par­tic­i­pa­tion in the Pro­gram you will com­ply with all applic­a­ble laws (fed­er­al, state or oth­er­wise) that gov­ern mar­ket­ing email, includ­ing with­out lim­i­ta­tion, the CAN-SPAM Act of 2003 and all oth­er anti-spam laws.

Term of the Agreement and Program

The term of this Agree­ment will begin upon our accep­tance of your Pro­gram appli­ca­tion and will end when ter­mi­nat­ed by either par­ty. Either you or we may ter­mi­nate this Agree­ment at any time, with or with­out cause, by giv­ing the oth­er par­ty writ­ten notice of ter­mi­na­tion. Upon the ter­mi­na­tion of this Agree­ment for any rea­son, you will imme­di­ate­ly cease use of, and remove from your site, all links to https://roostandrestore.com, and all of our trade­marks, trade dress, and logos, and all oth­er mate­ri­als pro­vid­ed by or on behalf of us to you pur­suant here­to or in con­nec­tion with the Pro­gram. Roost + Restore reserves the right to end the Pro­gram at any time. Upon pro­gram ter­mi­na­tion, Roost + Restore will pay any out­stand­ing earn­ings accrued above $20.

Termination

Roost + Restore, in its sole dis­cre­tion, has the right to sus­pend or ter­mi­nate your account and refuse any and all cur­rent or future use of the Pro­gram, or any oth­er Roost + Restore ser­vice, for any rea­son at any time. Such ter­mi­na­tion of the Ser­vice will result in the deac­ti­va­tion or dele­tion of your Account or your access to your Account, and the for­fei­ture and relin­quish­ment of all poten­tial or to-be-paid com­mis­sions in your Account if they were earned through fraud­u­lent, ille­gal, or over­ly aggres­sive, ques­tion­able sales or mar­ket­ing meth­ods. Roost + Restore reserves the right to refuse ser­vice to any­one for any rea­son at any time.

Relationship of Parties

You and we are inde­pen­dent con­trac­tors, and noth­ing in this Agree­ment will cre­ate any part­ner­ship, joint ven­ture, agency, fran­chise, sales rep­re­sen­ta­tive, or employ­ment rela­tion­ship between the par­ties. You will have no author­i­ty to make or accept any offers or rep­re­sen­ta­tions on our behalf. You will not make any state­ment, whether on your site or oth­er­wise, that rea­son­ably would con­tra­dict any­thing in this Section.

Limitations of Liability

We will not be liable for indi­rect, spe­cial, or con­se­quen­tial dam­ages (or any loss of rev­enue, prof­its, or data) aris­ing in con­nec­tion with this Agree­ment or the Pro­gram, even if we have been advised of the pos­si­bil­i­ty of such dam­ages. Fur­ther, our aggre­gate lia­bil­i­ty aris­ing with respect to this Agree­ment and the Pro­gram will not exceed the total refer­ral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied war­ranties or rep­re­sen­ta­tions with respect to the Pro­gram or any prod­ucts sold through the Pro­gram (includ­ing, with­out lim­i­ta­tion, war­ranties of fit­ness, mer­chantabil­i­ty, non­in­fringe­ment, or any implied war­ranties aris­ing out of a course of per­for­mance, deal­ing, or trade usage). In addi­tion, we make no rep­re­sen­ta­tion that the oper­a­tion of the Roost + Restore will be unin­ter­rupt­ed or error-free, and we will not be liable for the con­se­quences of any inter­rup­tions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dis­pute relat­ing in any way to this Agree­ment (includ­ing any actu­al or alleged breach here­of), any trans­ac­tions or activ­i­ties under this Agree­ment or your rela­tion­ship with us or any of our affil­i­ates shall be sub­mit­ted to con­fi­den­tial arbi­tra­tion, except that, to the extent you have in any man­ner vio­lat­ed or threat­ened to vio­late our intel­lec­tu­al prop­er­ty rights, we may seek injunc­tive or oth­er appro­pri­ate relief in any state or fed­er­al court (and you con­sent to non-exclu­sive juris­dic­tion and venue in such courts) or any oth­er court of com­pe­tent juris­dic­tion. Arbi­tra­tion under this agree­ment shall be con­duct­ed under the rules then pre­vail­ing of the Amer­i­can Arbi­tra­tion Asso­ci­a­tion. The arbi­tra­tor’s award shall be bind­ing and may be entered as a judg­ment in any court of com­pe­tent juris­dic­tion. To the fullest extent per­mit­ted by applic­a­ble law, no arbi­tra­tion under this Agree­ment shall be joined to an arbi­tra­tion involv­ing any oth­er par­ty sub­ject to this Agree­ment, whether through class arbi­tra­tion pro­ceed­ings or otherwise.

Miscellaneous

This Agree­ment will be gov­erned by the laws of The Unit­ed States, with­out ref­er­ence to rules gov­ern­ing choice of laws. You may not assign this Agree­ment, by oper­a­tion of law or oth­er­wise, with­out our pri­or writ­ten con­sent. Sub­ject to that restric­tion, this Agree­ment will be bind­ing on, inure to the ben­e­fit of, and be enforce­able against the par­ties and their respec­tive suc­ces­sors and assigns. Our fail­ure to enforce your strict per­for­mance of any pro­vi­sion of this Agree­ment will not con­sti­tute a waiv­er of our right to sub­se­quent­ly enforce such pro­vi­sion or any oth­er pro­vi­sion of this Agreement.

The fail­ure of Roost + Restore to exer­cise or enforce any right or pro­vi­sion of the Terms of Ser­vice shall not con­sti­tute a waiv­er of such right or pro­vi­sion. The Terms of Ser­vice con­sti­tutes the entire agree­ment between you and Roost + Restore and gov­ern your use of the Ser­vice, superced­ing any pri­or agree­ments between you and Roost + Restore (includ­ing, but not lim­it­ed to, any pri­or ver­sions of the Terms of Service).