Affiliate Program Agreement
Flytographer Enterprises Ltd.
Last Modified: June 13, 2024
PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.
These Terms and Conditions (“Agreement”) govern your participation in the affiliate program (“Affiliate Program”) offered by Flytographer, a company incorporated in British Columbia, Canada (“Flytographer”). You must agree to these terms in order to participate in our Affiliate Program.
Definitions
“Affiliate Program” means our affiliate program as described in this Agreement.
“Affiliate Lead” means a customer prospect who clicks on the Affiliate Link that we have made available to you via the Affiliate Tool.
“Qualified Referral” means an Affiliate Lead who has created a new user account or logged into an existing user account that has not already been attributed to another Affiliate or to any of our other referral programs.
“Affiliate Link” means the unique tracking link you place on your site or promote through other channels.
“Affiliate Policies” means the policies applicable to Affiliates which are outlined below.
“Affiliate Tool” means the tool that we make available to you upon your acceptance into the Affiliate Program and for you to use in order to participate in the Affiliate Program.
“Agreement” means this Affiliate Program Agreement and all materials referred or linked to in here.
“Commission” means an amount described in the Affiliate Tool for each Customer Transaction.
“Customer” means the authorized actual user of the Flytographer Products who has purchased the Flytographer Products after being a Qualified Referral.
“Customer Transactions” means those transactions by Customers that are eligible for Commission pursuant to the ‘Customer Transactions’ section of this Agreement.
“Flytographer Products” means photo shoots and gift card purchases.
“We”, “us”, “our”, and “Flytographer” means Flytographer Enterprises Ltd.
“You” and “Affiliate” means the party, other than Flytographer, entering into this Agreement and participating in the Affiliate Program.
1. Enrollment in the Affiliate Program
1.1. To enroll in the Affiliate Program, you must complete the online application found on our website and agree to the terms and conditions of this Agreement.
1.2. We reserve the right to accept or reject any Affiliate application at our sole discretion.
1.3. If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below.
2. Customer Transactions
2.1 Affiliate Program Limits. Each Affiliate Lead will expire according to the cookie window specified in the Affiliate Tool. We will pay you Commission as described in the Affiliate Tool for each new Customer (i.e., a Customer who has not previously purchased any Flytographer Products and who does not have a user account that is attributed to another Affiliate or to any of our other referral programs) who completes an applicable Customer Transaction after becoming a Qualified Referral, provided that you remain eligible to receive Commission pursuant to the terms of this Agreement. The Affiliate will not be entitled to receive Commission on any additional purchases of Flytographer Products by that same Customer.
2.2. Eligibility. To be eligible for Commission (i) an Affiliate Lead must be accepted and valid in accordance with the ‘Acceptance and Validity’ section, (ii) a Customer Transaction must have occurred, (iii) the Customer Transaction has not been cancelled or refunded (in whole or in part) during the locking period as stated in the Affiliate Tool. You are not eligible to receive Commission if: (i) such compensation is prohibited or limited by federal, provincial or local law or regulation in Canada or the laws or regulations of your jurisdiction; (ii) the Customer has paid or will pay such commissions, referral fees, or other compensation directly to you, (iii) the Commission payment has been obtained by fraudulent means, misuse of the Affiliate Link, in violation of any Affiliate Policies that we make available to you, misuse of the Affiliate Tool or by any other means that we deem to breach the spirit of the Affiliate Program. In addition to other rights as provided in this Agreement, we may discontinue Commission payments should any of the eligibility criteria set forth in this subsection fail to be met at any time.
2.3. Acceptance and Validity. You will only be eligible for a Commission payment for any Customer Transactions that derived from Qualified Referrals generated by the Affiliate Link that we make available to you and that are accepted by Flytographer. A Qualified Referral will be considered valid and accepted if, in our reasonable determination: (i) it is a new user of ours who has not previously purchased any Flytographer Products and who does not have a user account that is attributed to another Affiliate or to any of our other referral programs. If an Affiliate Lead does not become a Qualified Referral within the time period described on the Affiliate Tool from their most recent click on the Affiliate Link, you will not be eligible for a Commission payment, even if the Affiliate Lead decides to purchase after such time period has expired. An Affiliate Lead is not considered valid if its most recent click on the Affiliate Link is after this Agreement has expired or terminated.
2.4. Commission and Payment. In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement; (ii) completed all steps necessary to set up your account in the Affiliate Tool in accordance with our directions, (iii) have a valid and up-to-date payment method in the Affiliate Tool with such account (iv) completed any and all required tax documentation in order for the Affiliate Tool to process any payments that may be owed to you.
2.5. Commission Payment. Notwithstanding the foregoing or anything to the contrary in this Agreement, Affiliates will be paid Commission after the end of the locking period after a new Customer completes an applicable Customer Transaction as long as the Transaction has not been cancelled or refunded (in whole or in part) during the locking period. Commission payments will be made by Flytograhper in accordance with the payment schedule as listed in the Affiliate Tool. All Commission payments will be processed in USD currency. Currency conversion rates will apply if you set a different default currency in the Affiliate Tool. We will not pay more than one Commission payment or other similar referral fee on any given Customer Transaction (unless we choose to in our discretion). You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us. We reserve the right to alter or change the Commission amount as per the Affiliate Tool.
3. Intellectual Property
3.1. You acknowledge and agree that all intellectual property rights in our products and services, including but not limited to trademarks, copyrights, and patents, are owned by Flytographer.
3.2. During the term of this Agreement, you are granted a limited, non-exclusive, non-transferable license to use our trademarks and promotional materials solely for the purpose of promoting our products and services as an Affiliate.
3.3 You must only (i) use the images of our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection with the Affiliate Program and this Agreement; (iii) comply with our branding and messaging guidelines available in the Affiliate Tool; and (iv) immediately comply if we request that you discontinue use.
3.4. You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor or approve of your services or products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
4. Confidentiality
4.1. As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential or which the Receiving Party should reasonably understand to be confidential, and (ii) Flytographer customer and prospect information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party. The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, provincial, or local law, statute, rule or regulation, subpoena or legal process.
5. Term and Termination
5.1 Term. This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.
5.2 Termination for Cause. We reserve the right to terminate this Agreement immediately and without notice if the Affiliate engages in any of the following actions: (i) Breach of any provision of this Agreement, including but not limited to violation of program policies, or engaging in fraudulent activities. (ii) Any illegal or unethical behavior, including but not limited to deceptive marketing practices, spamming, or infringement of intellectual property rights. (iii) Materially misrepresenting Flytographer’s Products to potential customers. (iv) Conduct that, in Flytographer’s sole discretion, poses a significant risk to our reputation, business, or operations.
5.3 Termination Without Cause. Either Flytographer or the Affiliate may terminate this Agreement at any time, for any reason, on written notice to the other party. In such case, this Agreement will be terminated effective the date the termination notice is received by the other party. Your access to the Affiliate Tool will be restricted within ten (10) business days from the termination notice date.
5.5. Effects of Termination. Expiration of this Agreement, and termination of this Agreement is made by either party pursuant to section 5.3 or by you pursuant to section 8.2, shall not affect our obligation to pay you Commission that you are eligible to receive in accordance with the ‘Customer Transactions’ section above. However, in the event this Agreement is terminated by Flytographer pursuant to section 5.2, no further Commission shall be paid to you, even if earned but not yet paid as of the date of termination, and our obligation to pay and your right to receive any Commission will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive Commission prior to the date of termination. Except as expressly set forth in this section, you are not eligible to receive a Commission payment after expiration or termination of this Agreement. Upon termination or expiration, you will discontinue all use of the Affiliate Tool that we make available to you for your participation in the Affiliate Program. Upon termination or expiration, you will immediately discontinue all use of our trademark and other intellectual property and references to this Affiliate Program from your website(s) and other collateral.
6. Limitation of Liability
6.1. In no event shall Flytographer be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Affiliate Program.
7. Governing Law and Dispute Resolution
7.1. This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada.
7.2. Any dispute arising out of or in connection with this Agreement shall be resolved through binding arbitration in British Columbia, Canada, in accordance with the rules of the British Columbia International Commercial Arbitration Centre.
8. Changes to this Agreement
8.1 We reserve the right to update, modify, or change the terms of this Agreement at any time, effective upon posting the updated terms on this page (indicating at the top of this page the date that these terms were last revised) or notifying you via email (as we determine in our sole discretion). Your continued participation in the Affiliate Program or promotion of your Flytographer Affiliate Link on your platforms after such updates, modifications or changes shall constitute your acceptance of the updated, modified or changed terms. It is your responsibility to regularly review the terms of this Agreement to ensure your compliance.
8.2 If you don’t agree to the updates, modifications or changes, you can choose to terminate as described in the ‘Termination’ section of this Agreement. If you do not terminate your participation in our Affiliate Program before the date the revised or replaced terms become effective, your continued access to or promotion of your Flytographer Affiliate Link on your site or other channels will constitute acceptance of the revised terms.
9. Affiliate Policies
COMMISSION
Commission rate
Available Commissions are set forth in the Affiliate Tool. Commissions are calculated based on Customer Transactions at the rates set forth in the Affiliate Tool.
Limitations
- You will receive Commission for the first purchase made by a Qualified Referral.
- Affiliate Links rely on cookies to track referrals. Therefore if cookies get cleared or if the Transaction occurs on a different device than the one used to click on the Affiliate Link, we may not be able to track these events and Flytographer shall not be liable for any Commissions with respect to such Transactions.
- Cookie windows are stated in the Affiliate Tool.
- Only Affiliate Links can be used to track referrals. Incorrect use of Affiliate Links will cause inability to track referrals.
- Fraudulent or stolen attribution is a non payable event. If we suspect fraud we may require you to prove that the referrals are valid.
ATTRIBUTION
In the event a single user clicks multiple different Affiliate Links, the last Affiliate whose Affiliate Link was clicked receives attribution for the Qualified Referral. We do, however, reserve the right to modify this in certain circumstances.
PROMOTING FLYTOGRAPHER
Flytographer branding
Do not use images or other branding that has not been provided by Flytographer. Do not modify or adjust the Flytographer wordmark or logo in any sort of marketing material you might create.
Do not use false or misleading statements on the benefits of using Flytographer. Do not use terminology such as “paparazzi” to describe Flytographer. Do present Flytographer as a premium brand that focuses on quality of photos, experience, and customer service.
What is Flytographer?
Flytographer is a vacation photography company that connects travellers with hand-picked local photographers in over 350+ destinations for fun, candid vacation photo shoots. Our photographers not only capture incredible memories but are amazing resources for what to eat, see and do in each city. Discover the magic for yourself.
The booking process: https://www.flytographer.com/about/
Further resources such as campaign messaging and marketing assets may be found on your affiliate dashboard here.
Sharing your Affiliate Link
Do not publish your Affiliate Link on any website or social media channel you do not own; or on any coupon listing sites, discount websites, online forums (e.g. Reddit) and review sites (e.g. TripAdvisor).
You may share your Affiliate Link organically on your social media and website(s).
What to call yourself
You can refer to yourself as a “Flytographer Affiliate” or “Affiliate Marketer”, but do not refer to yourself as a Partner or that you’ve “partnered with Flytographer.” This includes press releases, references in videos, listings on your website, or in any other marketing material you may be using.
Keyword restrictions
When publishing your Flytographer Affiliate Link on your website(s), you may not include any of the following Restricted Terms (defined below), including any variations or misspellings thereof.
You may not use our Restricted Terms in your page title, page copy, display name or as part of the URL.
“Restricted Terms” means any of the following terms: coupon, coupon code, discount, discount code, promo code, Flytographer promotion, Flytographer sales, Flytographer sale, Flytographer deals, Flytographer deal.
You may not use our Restricted Terms, including any variations or misspellings as per above in sequence with any other keyword.
Buying ads
You will not purchase ads that direct to your website(s) or through an affiliate link that could be considered as competing with Flytographer’s own advertising, including, but not limited to, our branded keywords. If running ads, you need to direct the ad to your own website (and not to flytographer.com or a standalone landing page, and not to use redirects that yield the same result).
You may not bid on any of our Restricted Terms (defined below), including any variations or misspellings thereof for search or content-based campaigns on Google, Bing, MSN, Yahoo, Facebook or any other advertising network.
“Restricted Terms” means any of the following terms: Flytographer, Flytographer LLC, flytographer.com, coupon, coupon code, discount, discount code, promo code, Flytographer promotion, Flytographer sales, Flytographer sale, Flytographer deals, Flytographer deal.
You may not use our Restricted Terms, including any variations or misspellings as per above in sequence with any other keyword.
You may not use our Restricted Terms in your ad title, ad copy, display name or in the display URL.
You may not use any of our trademarked terms as part of the domain or subdomain for your website.
If you automate your marketing campaigns, it is your responsibility to exclude our trademarked terms and Restricted Terms from your marketing activities and we strongly suggest you add our trademarked terms and Restricted Terms as negative keywords in pay-per-click (PPC) campaigns.
10. Miscellaneous
The relationship between the parties is solely that of independent contractor, and no Affiliate shall be considered an agent or employee of Flytographer. This Agreement and the Affiliate Tool contains the entire understanding between Flytographer and Affiliates with respect to the subject matter hereof. Should any section or part of a section within this Agreement be rendered void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable part had been severed and deleted.