As a duly authorized affiliate ("Affiliate") of TOMMYBOTS, you hereby agree to be bound by the terms and conditions set forth in this Agreement ("Agreement"). Please carefully review the entire Agreement before registering and promoting TOMMYBOTS as an Affiliate.
Your participation in the Program is intended solely to legally advertise our website in order to receive a commission on memberships and products purchased by individuals referred to TOMMYBOTS through your own website or personal referrals.
By enrolling in the TOMMYBOTS Affiliate Program ("Program"), you affirm your acceptance of this Agreement, along with its terms and conditions.
All promotion methods are subject to review, and TOMMYBOTS has the final say over what is and what is not allowed. Affiliates are not allowed to promote TOMMYBOTS using any of the disallowed methods listed on this page.
TOMMYBOTS retains all its copyrights and trademarks. TOMMYBOTS reserves the right to change these terms at any time, and updates to the terms will be posted on this page. TOMMYBOTS has the final discretion over the affiliate program and reserves the right to terminate any affiliate at any time, for any reason.
To be eligible to participate in our affiliate program, you must be at least 18 years old and have a website or other platform that complies with our content and quality guidelines. We reserve the right to reject any application for any reason.
You will earn a commission for each qualified purchase made by customers who were referred to us by your unique affiliate link. The commission rate will be specified in your affiliate account dashboard. We reserve the right to change the commission rate at any time.
Payouts will be made to you on a monthly basis, provided that your account balance exceeds the minimum payout threshold. The minimum payout threshold and payout methods will be specified in your affiliate account dashboard.
US-based affiliates are required to provide information necessary for TOMMYBOTS to file a 1099-MISC tax form if their total payout amount exceeds $600. Payouts are processed through the Payouts Service, which is operated by Sandhills Development, LLC, the merchant of record responsible for sending all necessary 1099-MISC tax forms to payout recipients who are US citizens. This form will report the total earnings paid through the Payouts Service.
Payments will be made approximately 30 days after the end of the previous month. For example, all sales referred in January would be paid on March 1st. Affiliates will not receive payment for a customer who refunds their purchase. If the affiliate has already been paid for such a sale, the commission amount on the refunded sale will be deducted from a future payment.
You will be provided with a unique affiliate link that you must use to promote our products or services. You may also use our approved banners, graphics, and other promotional materials that are available to you in the affiliate area. You may use graphic and text links both on your website, social media accounts, and within your email messages. You may also advertise the TOMMYBOTS site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.
Occasionally, TOMMYBOTS provides coupons to selected affiliates and newsletter subscribers. If you have not been pre-approved or assigned a branded coupon, promoting the coupon is not allowed. Below are the terms that apply to any affiliate who intends to promote our products in relation to a deal or coupon:
Affiliates are not allowed to use misleading text on affiliate links, buttons or images to suggest that anything besides currently authorized deals are available to the specific affiliate.
Affiliates are not allowed to bid on phrases such as "TOMMYBOTS Coupons," "TOMMYBOTS Discounts" or other phrases implying coupons are available.
Affiliates are not allowed to generate pop-ups, pop-unders, iframes, frames, or any other visible or invisible actions that set affiliate cookies unless the user has clearly and explicitly expressed interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. The link must redirect the visitor to the merchant site.
Users must be able to view coupon/deal/savings information and details before an affiliate cookie is set (i.e., "click here to see coupons and open a window to the merchant site" is not allowed). Affiliate sites are not allowed to have text such as "Click for (or to see) Deal/Coupon" or any variation when no coupons or deals are available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be immediately removed from the program.
PPC bidding is NOT allowed without prior written permission.
Inappropriate advertisements: Affiliates are prohibited from making false claims, using misleading hyperlinks, or engaging in any other form of deceptive advertising.
Spamming: Affiliates are prohibited from engaging in any form of spamming, including mass emailing or mass posting on newsgroups.
Illegal activities: Affiliates are prohibited from advertising on sites that promote or engage in illegal activities.
Failure to disclose: Affiliates are required to disclose their affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
Intellectual property violations: Affiliates are prohibited from violating any intellectual property rights, including trademarks, of TOMMYBOTS or any other party.
Prohibited incentives: Affiliates are prohibited from offering rebates, coupons, or any other form of promised kickbacks from their affiliate commission as an incentive. However, adding bonuses or bundling other products with TOMMYBOTS is acceptable.
Self-referral and fraud: Affiliates are prohibited from engaging in any form of self-referral or fraudulent transactions.
We reserve the right to terminate an affiliate's participation in our program for any of the following reasons:
Violation of any of the Prohibited Activities listed above.
Any other violation of this agreement.
No reason, at our sole discretion.
Upon termination, the affiliate will forfeit any unpaid commission earned prior to the termination. We may also pursue legal action for any damages incurred as a result of the affiliate's violation of this agreement.
We reserve the right to change these terms and conditions at any time without notice. It is your responsibility to regularly review these terms and conditions.
We will not be liable for any indirect, special, or consequential damages arising from your participation in our affiliate program, even if we have been advised of the possibility of such damages.
We make no express or implied warranties or representations with respect to the affiliate program, our products or services, or any other matter related to this agreement. We disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You agree that you are an independent contractor and not an employee, partner, or agent of TOMMYBOTS. You have no authority to make or accept any offers or representations on our behalf.
This agreement will be governed by and construed in accordance with the laws of the state of Minnesota. Any legal action or proceeding arising out of or related to this agreement must be brought in the courts of Minnesota.
This agreement constitutes the entire agreement between you and TOMMYBOTS with respect to the affiliate program and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and TOMMYBOTS.
You may not assign or transfer any of your rights or obligations under this agreement without our prior written consent. We may assign or transfer any of our rights or obligations under this agreement without your prior written consent.
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce 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.
By participating in our affiliate program, you acknowledge that you have read, understood, and agree to these terms and conditions. If you do not agree to these terms and conditions, you may not participate in the affiliate program.