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Affiliate Agreement


Payout
You earn 10% of Net Sales Amount
Crediting Policy
Last click unless preferred tier media are involved
Click Referral Period
Referrals are only considered for credit if they occur within 7 day(s) of the action
Action Locking
All actions happening in a given month are locked 15 day(s) after the end of the month
Payout Scheduling
Actions are paid on the 1st day of the month after they locked
Recurring Transactions
Payout applies to all recurrences of return customers
Currency
Financial transactions covered by this insertion order will be processed in the GBP currency. Currency exchanges will occur when you or your partner(s) have set a different default currency in account settings.
Credit Group
Standard (Credit will not be given if Preferred media are involved in the conversion path)
Change Notification Period
The insertion order can be changed or cancelled with 0 day(s) notification to the media partner.
Reversal Policy
Reversal of performance advertising actions are decided by the Advertiser governed by a max reversal percentage of 100%

 1. GENERAL TERMS

  1. SAY YEY ("Advertiser” or “SAY YEY”), operates the www.sayyey.com web site. As part of its Web site, SAY YEY offers the Affiliate Program (the "Program"), through which approved Media Partners providing marketing services through owned or third party websites, subscription services, promotional services, and/or syndicated services are granted a limited, non-exclusive right to: (i) advertise and promote SAY YEY goods and services and the SAY YEY web site in a manner in compliance with this Agreement (defined below); (ii) post or circulate an approved graphical or textual internet hyper-link (the “Link”) to the SAY YEY web site; and (iii) direct visitors to the web site (the specific URL) designated by SAY YEY (the “Destination Site”). This Agreement provides terms and conditions applicable to Media Partner membership in the Program.
  2. Media Partner is offered the opportunity to earn a commission for referring visitors to the SAY YEY web site who complete the Transaction required under the Program on the SAY YEY's Destination Site. The commission rate will be set forth within the EIO.
    1. Valid Transactions are defined as successful purchase transactions of qualified products taking place in the SAY YEY shopping cart.
      1. Media Partner is eligible for commissions as set forth in the EIO]
      2. New customer transactions will be tracked separately from returning customer transactions and will be paid according to the commission amounts listed in the Program Terms.
      3. Services must remain open and paid for a period of 30 days in order to be eligible for commissions.
      4. Media Partner are not eligible for commissions on gift card purchases or special promotions as set forth in the EIO. 
    2. Tracking Actions and Calculating Payments. Unless an EIO states otherwise, all tracking and payment processing facilities in relation to the tracking of Actions and calculation of payments shall be provided by Impact Radius. 
      1. Impact Radius shall aggregate payments due from Advertiser to the Media Partner and make payments to the Media Partner in accordance with each EIO.  If tracking is disabled as a result of the Advertiser’s acts or omissions and the Advertiser continues to receive traffic from the Media Partner then the Advertiser shall be obliged to pay Media Partner on a fair and reasonable basis taking into account appropriate factors.
      2. An Action can be cancelled or returned by the Advertiser (“Chargeback”) if: (a) the Action is incomplete; (b) if a customer has cancelled or returns an Action; (c) if the Action has been made fraudulently or in an otherwise non-bona fide manner; (d) if the Action is carried out by a person who is outside the area serviced by the Advertiser; or (e) if the Advertiser is unable to ship goods to a customer in relation to the Action. Each EIO shall state the period of time within which the Advertiser may apply a Chargeback.

2. APPROVAL

  1. Participation in the Program is subject to SAY YEY’s approval. Prospective Media Partner must first submit an application to SAY YEY through Impact Radius in order to become an approved Media Partner eligible to post Links to the SAY YEY Web site and earn commissions. After the application has been submitted, SAY YEY will have the option of approving or declining the application for any reason or no reason.
  2. If approved, the Media Partner will have already acknowledged acceptance of this Agreement by having clicked through the “Join Program” (or otherwise named by Impact Radius) button, having checked the box stating “Yes, I have read and accepted the following terms and conditions” (or as otherwise described by Impact Radius) and having clicked the button to continue, thereby assenting to the Special Terms and Conditions of the Program between SAY YEY and Media Partner (also referred to as this “Agreement”). This Agreement shall apply only to approved Media Partner who accept the Special Terms and Conditions of the Program and only Media Partner who accept this Agreement may participate in the Program.
  3. Other than for the payment of commissions, Media Partner shall have no claims to any additional compensation, commissions or business derived by or through a Destination Site.
  4. Participation in the Program does not constitute an employment, broker or agency relationship between Media Partner and SAY YEY nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.

3.  INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION

A.   License.  For the purposes only of the Media Partner providing its Services, the Advertiser grants to the Media Partner (and its permitted users) for the duration of each EIO a non‑exclusive, non-transferable, revocable, royalty-free license to use the advertising content (“Creative”) supplied by the Advertiser through the Platform to the extent necessary only for the Media Partner to perform its obligations under each EIO.  Media Partner may not use the Creative or any Intellectual Property of Advertiser (“Advertiser IP”) at any other time or for any other purpose.  Media Partner recognizes there is significant value and goodwill associated with the Advertiser IP, and acknowledges that the Advertiser IP and all rights and goodwill associated with the Advertiser IP belong exclusively to Advertiser. Media Partner’s every use of the Advertiser IP shall inure to the benefit of Advertiser, and Media Partner shall not at any time acquire any rights in the Advertiser IP by virtue of any use it may make with any of the Advertiser IP.  Media Partner shall cooperate fully and in good faith with Advertiser for the purpose of securing and preserving Advertiser’s rights to the Advertiser IP. Upon the termination or expiration of this Agreement, Media Partner will be deemed to have assigned, transferred, and conveyed to Advertiser any rights or goodwill to the Advertiser IP that may have been obtained by Media Partner.  Media Partner shall cooperate with and do all acts necessary so that Sponsor can accomplish or confirm the foregoing.  Any such assignment, transfer, or conveyance shall be without other consideration than the mutual covenants and considerations of this Agreement.  Media Partner and its parent, subsidiaries, and divisions, if any, and its subcontractors, agents, and representatives agree not to attempt to register the Advertiser IP on any product or service either during the terms of or after termination of this Agreement.

B.    Promotional Methods.  Media Partner must promote Advertiser using only those methods approved or prescribed by the Advertiser. Unless explicitly authorized in an EIO, Media Partner shall not promote an Advertiser using the following means:

a.  provision of leads obtained other than through intended consumer (“End User”) action (e.g. the rough the use of phone books, or similar such compilations of personal data); 

b.  use of fake redirects, automated software, or other mechanisms to generate Actions; or 

  1. Actions that are caused that are not in good faith, such as those using any device, robot, frames or hidden frames.If Media Partners intend to use incentives to promote Advertiser and procure clicks, leads or sales, Media Partner is required to notify Advertiser prior to executing an EIO with Advertiser, and Media Partner’s use of incentives must be in a bona fide way.

  2. Misuse of Creative: The Parties acknowledge and agree that if the Advertiser notifies Media Partner of misuse of its Creative by the Media Partner then the Media Partner shall take immediate corrective action. 

D.   “Intellectual Property” means trade marks (whether registered or unregistered together with all goodwill in connection thereto), unregistered and registered designs, copyright, database rights, rights in computer software, domain names, rights in confidential information and all other intellectual property rights (whether now subsisting or in the future created) both in the United Kingdom and all other countries of the world for the full period of those rights (including any extensions and renewals).  All Intellectual Property existing prior to the commencement date of each EIO shall belong to the Party that owned such rights immediately prior to such date.  Each Party acknowledges and agrees that it shall not acquire or claim any title to the other Party’s Intellectual Property.  

E.   Confidentiality and Non-Disclosure

a. Media Partner understands that its work for Advertiser will involve access to and creation of confidential, proprietary and trade secret information and materials of Advertiser or its affiliates, or any of their respective partners, managers, members, shareholders, directors, officers, employees, agents, parent companies, investors, or service providers (collectively, “Proprietary Information”).  Proprietary Information includes, without limitation, (i) trade secrets, recipes, formulations, ideas related to actual or possible products or product lines, lists and identities of customers, suppliers, manufacturers or vendors, customer agreements and terms of sale, manufacturing and operating methods, marketing and sales strategies and plans, financial reports and other financial information, inventions, processes, systems, patents, machinery, materials, research, cost of production, contract forms, prices, sales volumes, promotional methods, know how, designs, test data, business plans, software and computer programs, and other data and information, whether or not in tangible form, relating to the Advertiser or its customers, consultants, manufacturers, Media Partners, suppliers or affiliates, and any other like information related to the business and of the Advertiser; and (ii) the terms and conditions of this Agreement, including all Statements of Work. 

        b. Media Partner understands that Proprietary Information is extremely valuable to Advertiser and its affiliates, and any of their respective partners, managers, members, shareholders, directors, officers, employees, agents, investors, or service providers.  Accordingly, Media Partner agrees during the term of this Agreement and thereafter that Media Partner (i) shall hold all Proprietary Information in confidence and trust for the benefit of Advertiser or its affiliates; (ii) shall not copy or use (or allow any of its employees, partners, Media Partners or agents to copy or use) any Proprietary Information, except as may be necessary to perform the Services; (iii) shall use the Proprietary Information only for the benefit of Advertiser or its affiliates (and not for the benefit of Media Partner or any third party); and (iv) shall not disclose or otherwise make available any such Proprietary Information to any third party except as authorized in writing and in advance by Advertiser. All Proprietary Information is and shall remain the sole property of Advertiser.

c.  The foregoing restrictions on use and disclosure shall not apply to any Proprietary Information to the extent Media Partner can prove such Proprietary Information (i) is or has become generally known to the public through no unlawful act of Media Partner; (ii) was known to Media Partner at the time of its disclosure by Advertiser and such knowledge was not obtained by Media Partner from any prior services to Advertiser or any Media Partner or service provider engaged by Advertiser, as evidenced by Media Partner’s written records; (iii) was independently developed by Media Partner without any use of the Proprietary Information, as evidenced by Media Partner’s written records; (iv) becomes known to Media Partner from a source other than Advertiser without breach of this Agreement, or any Media Partner or service provider engaged by Advertiser and otherwise not in violation of Advertiser’s rights, as evidenced by Media Partner’s written records; or (v) such disclosure is approved in advance and in writing by Advertiser.  In the event Media Partner is legally compelled to disclose Proprietary Information, Media Partner shall give prompt advance notice of such compelled disclosure to Advertiser, and shall cooperate with Advertiser in connection with any efforts to prevent or limit the scope of such disclosure and/or use of the Proprietary Information.

4. ADVERTISING REQUIREMENTS AND EXCLUSIONS

  1. Media Partner agrees to use only the SAY YEY-approved banners and ad text found within the Program. Media Partner will not alter or revise SAY YEY's creatives, content or Links without prior approval. Media Partner must obtain express written authorization from SAY YEY regarding the use of any custom creatives or use of any SAY YEY intellectual property.
  2. Media Partner agrees to only use coupon codes that are specifically supplied to Media Partner through the Program. Any and all commissions earned on sales in violation of the above coupon code policy, will be reversed. SAY YEY does not pay commissions on purchases made by customer with the following coupon codes: a coupon code not supplied through Program, a coupon code from an internal SAY YEY or private discount code, a coupon code supplied in SAY YEY customer emails, and any coupon that states on its landing page that it is "not compatible with the affiliate program".
  3. Media Partner agrees to assume all responsibility for, and risk associated with, all content Media Partner submit, transmit, email, upload, link to, display, disseminate, facilitate access to or otherwise make available in connection with Media Partner participation in the Program.This includes any reliance on the accuracy, completeness, truthfulness, appropriateness, legality or usefulness of such content. Media Partner warrant and represent that Media Partner possess all legal right to, or have obtained all necessary permissions to use any and all content Media Partner make available or use in connection with Media Partner participation in the Program.
  4. Media Partner agrees that the use of “cookie stuffing” techniques that set the Impact Radius cookie without the user actually clicking on the affiliate link (e.g. a 1x1 pixel iframe) is strictly prohibited.
  5. Media Partner agrees not to refer visitors or complete Transactions through illegal or fraudulent means, including, without limitation: (i) domain speculation; (ii) email, forum, blog or social media SPAM; (iii) forced iframes; (iv) through CPC ads using the SAY YEY marks or in any way exploiting the SAY YEY brand name; or (v) through any other means which SAY YEY determine, in their sole discretion, is questionable;
  6. Media Partner agrees that Media Partner web site shall not in any way copy or resemble the look and feel of SAY YEY's web site, and Media Partner shall not create the impression that Media Partner site is a part of SAY YEY’s sites. Media Partner shall not use SAY YEY's trademarks, or any variation or misspellings thereof, in Media Partner URL, Advertiser name, business name or site name. Media Partner shall not frame or permit the framing of any page of SAY YEY's network.
  7. Media Partner may not use any mark of SAY YEY or any variation thereof, in any manner not expressly authorized by this Agreement. In particular, Media Partner may not use any mark of SAY YEY, or any variation thereof, directly or indirectly in (a) metatags, (b) in hidden text, page titles or source code, (c) in Media Partner domain or sub-domain, and/or (d) any other manner. Media Partner may not engineer Media Partner site in such a manner that pulls Internet traffic away from SAY YEY’s website. Media Partner agree to not utilize, advertise or otherwise promote, any mark of SAY YEY in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising. Unless Media Partner have explicit, written approval from SAY YEY, Media Partner may not bid on any mark of SAY YEY (including trademark+), on any pay-for-placement search engines[NM1]. If SAY YEY determines, in its sole discretion that Media Partner have violated any of the foregoing prohibitions, SAY YEY may seek any and all remedies available to it, including, among other things, the immediate termination of this Agreement and/or the commencement of an action by SAY YEY against Media Partner seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages. Further, Media Partner acknowledge and agree that Media Partner shall have no right to receive any commissions on any sales Media Partner generate or assist in generating during any times when Media Partner are in violation of this Agreement or other policies of SAY YEY.
  8. Media Partner is required to comply with all Federal Trade Commission’s regulations related to advertising, including, without limitation, Federal Trade Commission 16 CFR 255, which, in part, requires that material connections between advertisers and endorsers be disclosed. Directories, blogs and other websites, email or other collateral that provide an endorsement or assessment of SAY YEY must prominently disclose the fact financial or in-kind compensation is provided from the advertiser, and such endorsements or assessments must reflect Media Partner’s honest views and experience with SAY YEY and/or any of its products. Media Partner should visit the FTC’s website for more information (https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking). Please note that the FTC guides and this summary of such information do not constitute legal advice. Media Partner should obtain legal advice on how the FTC guides apply to Media Partner.
  9. Media Partner will not promote Advertiser on a Prohibited Site. “Prohibited Site” means any site that involves, facilitates, advocates or promotes one or more of the following: (a) discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability; (b) libelous, defamatory, obscene, nudity, pornographic, adult content, sexually explicit or abusive activities; (c) illegal gambling or illegal substances; (d)  illegal activities; (3) MP3, MPEG and/or copyrighted materials for download, sale or otherwise, in any case without the permission of the copyright owner or otherwise in violation of law; (f) a conflict or violation of any law or any intellectual property or other rights of any person or entity; or (g) unless explicitly stated otherwise on an applicable EIO, user generated content, sites aggregating/distributing user generated content, or personal homepages. Media Advertiser shall not sub-contract with other parties (such as banner farmers, resellers or any blind arbitrage networks) to place advertisements outside of approved websites or areas directly controlled or monitored by Media Advertiser, unless otherwise agreed to by the parties in an EIO.
  10. Media Partner shall not knowingly or recklessly make any false, misleading or disparaging remarks about individuals or organizations or their products or services
  1. Additionally, Media Partner agrees to abide by all Policies as specified in the EIO.

4. TERM AND TERMINATION

  1. The term of this Agreement shall be continuous, unless and until SAY YEY properly terminates this Agreement and the relationship, in accordance with the following:  SAY YEY shall provide Media Partner with one (1) days written notice via the Platform interface.
  2. Upon any termination of this Agreement, SAY YEY and Media Partner will be released from all obligations and liabilities to the other party occurring or arising after the date of such termination or the transactions contemplated hereby, except with respect to those obligations which by their nature are designed to survive termination or as provided herein, provided that no such termination will relieve Media Partner from any liability arising from any breach of this Agreement occurring prior to termination.
  3. Upon termination of this Agreement, (i) SAY YEY’s acceptance of additional referrals obtained through Media Partner shall not constitute a continuation or renewal of this Agreement or a waiver of such termination, (ii) Media Partner shall be entitled only to those unpaid commissions, if valid, earned by Media Partner on or prior to the date of termination, (iii) Media Partner shall in no event be entitled to commissions with respect to any amount of valid referrals delivered after the date of termination, (iv) all rights and licensees of Media Partner hereunder shall immediately terminate, (v) Media Partner shall cease all uses of any trade names, trademarks, service marks, logos and other designations of SAY YEY or the Program, and (vi) Media Partner shall remove all SAY YEY links.

5.  INDEMNIFICATION

Media Partner hereby agree to indemnify, defend and hold harmless Advertiser, 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 Advertiser’s 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 Media Partner herein, or (iii) any claim related to Media Partner’s site, including, without limitation, content therein not attributable to Advertiser.

6.  LIMITATION OF LIABILITY  

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ADVERTISER (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, THIS AFFILIATE PROGRAM, OUR SITE, OR THE PRODUCTS AVAILABLE THEREON, NOR SHALL ADVERTISER BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ADVERTISER’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ADVERTISER OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY SAY YEY THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE THE PLATFORM, EVEN IF ADVERTISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADVERTISER’S LIABILITY TO MEDIA PARTNER IN CONTRACT, TORT (INCLUDING NEGLIGENCEOR BREACH OF STATUTORY DUTY, MIREPRESENTATION, OR OTHERWISE) OR FOR ANY OTHER COMMON LAW OR STATUTORY CAUSE OF ACTION OR OTHERWISE ARISING BY REASON OR IN CONNECTION WITH THIS AGREEMENT AND EACH EIO SHALL BE LIMITED TO THE PAYOUT FEES PAID BY ADVERTISER TO MEDIA PARTNER THROUGH IMPACT RADIUS PURSUIANT TO EIOs. 

MEDIA PARTNER’S PARTICIPATION IN THE PROGRAM IS AT MEDIA PARTNER’S OWN RISK.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

MEDIA PARTNER AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

These Terms operate to the fullest extent permissible by law.

7. ADDITIONAL TERMS

  1. 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.
  2. No delay or failure by SAY YEY in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
  3. Each Party represents and warrants that (i) it has the full power and authority to carry out the actions contemplated under each EIO, (ii) its entry into and performance of its obligations under the terms of the EIO shall not infringe the rights of any third party or cause it to be in breach of any obligations to a third party, and (iii) in relation to all EIOs and at all times in using the Platform it shall comply fully with any and all applicable Laws.
  4. Media Partner represents and warrants to Advertiser that the Services shall be performed in a professional manner and with reasonable skill and care. 
  5. The rights and remedies of SAY YEY 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.
  6. 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 Agreement.
  7. SAY YEY reserves the right to modify the terms and conditions of this Agreement in its sole discretion at any time by notifying Media Partner. If any modification is unacceptable to Media Partner, Media Partner’s sole recourse is to terminate this Agreement by expiring the relationship and/or rejecting the new program terms offered. Media Partner’s continued participation in the Program by accepting the newly offered program terms with new terms and conditions for this Agreement constitutes Media Partner’s binding acceptance to the change.
  8. SAY YEY may assign any or all of its rights under this Agreement or an EIO, or transfer or sub-contract any or all of its obligations under this Agreement or an EIO at any time.
  9. This Agreement shall be governed by the laws of the United Kingdom. The exclusive forum for any actions related to this Agreement shall be in the courts in the United Kingsom. Media Partner consents to such venue and jurisdiction.
  10. Official notices to SAY YEY should be sent to:

SAY YEY LTD
9 Sienna Alto, 2 Cornmill Lane
London, SE13 7FY 

BY APPLYING FOR THE SAY YEY AFFILIATE PROGRAM AND CLICKING ON THE ACCEPTANCE BUTTON, MEDIA PARTNER IS SIGNIFYING MEDIA PARTNER’S AGREEMENT TO BE PRESENTLY BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF MEDIA PARTNER HAD PERSONALLY SIGNED THIS AGREEMENT.