Affiliate Program Policy
Please read this entire agreement so you know and understand the program rules!
- The Blissful Birder Affiliate Agreement
This agreement describes the terms and conditions for participation in the Blissful Birder affiliate program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, COMPANY refers to the Blissful Birder.
The Blissful Birder affiliate program is administered through a third-party affiliate management company called Refersion (www.refersion.com).
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to, changes in the scope of referral fees, fee schedules, payment procedures, and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
To enroll in the Affiliate Program, you must submit an affiliate application via Refersion. It may or may not take additional time for your application to be approved.
- Affiliate URL
You will be issued a special URL once you become an approved member of the Blissful Birder Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals. Through Refersion, you will additionally have the option to create new links to specific product pages—as opposed to the standard URL which links to the homepage the Blissful Birder’s website. These links will also be unique to you and you only.
Affiliates will receive 10 percent of the revenue as a commission from orders placed through properly coded Affiliate links. Commissions may change at the discretion of the Blissful Birder.
For a sale to generate a commission to an Affiliate, the customer must remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.
In rare instances—such as when the customizer is using certain cookie- or ad-blocking software—Refersion may be unable to track the sale to your profile. In these instances, simply send an email to the Blissful Birder stating the order number(s) that was failed to be tracked, and the Blissful Birder will manually credit your account for the order(s) if all checks out.
The Blissful Birder pays affiliates via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the affiliate to update their Refersion account to ensure proper commission payments. The Blissful Birder may not resend payments due to incorrect payment email addresses. The Blissful Birder reserves the right to withhold payments while investigating an Affiliate for potential fraud, deception, or other malicious activity.
- Order Fulfillment
The Blissful Birder will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorised to collect payments or sell any Blissful Birder products from other websites as a "reseller" and no "resale" rights are granted in ANY way. Affiliates are not authorised to give away copies of any of these products. The Blissful Birder will also be solely responsible for all customer service inquires.
Customers who purchase products and services through the Blissful Birder Affiliate Program will be deemed to be customers of the Blissful Birder. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. The Blissful Birder may change its policies and operating procedures at any time. Prices and availability of products and services may vary from time to time.
- Qualifying Sites
The Blissful Birder reserves the right to refuse any site entry into the Blissful Birder Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of the Blissful Birder or any other site.
- Anti-Spam Policy
The Blissful Birder strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook, and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
- Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
- Messages posted to Usenet, forums, Twitter, Facebook, and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
- Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system;
- Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
- Any emails that do not fully comply with the CAN SPAM Act as defined at: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business with the laws of Internet and marketing laws of the relevant country.
- Advertisements on illegal web sites (not approved by RIAA) such as Bit Torrent websites, malicious code of any kind, and P2P.
- The Blissful Birder, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
Account Termination: Upon the receipt of a credible complaint, the Blissful Birder Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money owed to the account. Furthermore, the Affiliate acknowledges that they accept sole responsibility for credible claims of spamming (as defined above) made against them and will accept full legal responsibility for their actions.
- Relationship of Parties
You (the Affiliate) are an independent contractor and are not in any way a partner, employee, nor an Authorised Representative of the Blissful Birder and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on behalf of the Blissful Birder. Affiliates must not do or say anything that will or is likely to damage or diminish the Blissful Birder’s business reputation or brand names. This clause will survive expiry or termination of this Agreement.
- Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either the Blissful Birder or the affiliate may terminate 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 or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you, the Affiliate.
- Limitation of Liability
The Blissful Birder will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures, 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 commissions paid or payable to the affiliate under to this Agreement.
The Blissful Birder makes no express or implied warranties or representations with respect to the Affiliate Program or an affiliate's potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and the Blissful Birder will not be liable for the consequences of any interruptions or errors.
- Governing Law
This Agreement shall be governed by the laws of the United States of America and the State of Wisconsin, without reference to conflict of laws principles. If a provision of this Agreement shall be found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remainder of the Agreement shall be enforceable as if such provision had not been included herein. The parties agree that any claim or dispute arising or accruing under this Agreement must be brought in the courts located in or serving Racine County, Wisconsin and the parties hereby submit to personal jurisdiction therein for the purpose of this Agreement.
Minors (under 18 years of age) are not eligible to join the Blissful Birder’s Affiliate Program under any circumstances, even if invited by a company representative.
This Agreement may be executed in multiple counterparts, all of which shall be deemed originals, and with the same effect as if all parties had signed the same document. All of such counterparts shall be construed together with and shall constitute one agreement. Copies of this Agreement and/or facsimile or electronic signatures shall be as valid and enforceable as an original. The parties expressly consent that DocuSign (and other forms of electronic signature) shall be a valid and enforceable method of executing this Agreement and that DocuSign and other forms of electronic signatures shall be enforceable as originals.
If the application of any provision or provisions of this Agreement to any particular facts of circumstances will be held to be invalid or unenforceable by any court of competent jurisdiction, then: (a) the validity and enforceability of such provision or provisions as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement will not in any way be affected or impaired thereby; and (b) such provision or provisions will be reformed without further action by the parties, to, and only to, the extent necessary to make such provision or provisions valid and enforceable when applied to such particular facts and circumstances; and, in any event, the remainder of this Agreement will remain in full force and effect.
It is solely the Affiliate’s responsibility to have on file a completed and accurate W-9 (for U.S.-based Affiliates) or a completed and accurate W-8 (for non-U.S.-based Affiliates) and to report all income earned from this Program to the IRS or your respective tax collector.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the the Blissful Birder Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.