Thank you for joining the NOOMI Affiliate Program (the “Program”)! PLEASE READ THESE AFFILIATE PROGRAM TERMS AND CONDITIONS CAREFULLY. By registering for the Program, you agree to these Terms and Conditions. If you do not accept these Terms and Conditions, do not register for the Program.
- These Affiliate Program Terms and Conditions (“Agreement” or “Terms”) are a legal agreement between (a) the affiliate program participant (the “Affiliate”, “you”, or “your”), and (b) NOOMI STOCKHOLM. (“NOOMI,” “we,” “us,” or “our”), the owner of www.noomistockholm.com
- You represent, warrant, and agree (a) that you have the full power and authority to enter into and perform under these Terms, or (b) if you are joining the Program on behalf of an organization, entity, or group that you are authorized to accept these Terms on such organizations, entity’s, or group’s behalf.
- Updates to the Terms. We reserve the right to make changes to these Terms at any time at our sole discretion. If we make changes to these Terms, we will provide notice of such changes by revising the date at the top of these Terms. Your continued participation in the Program following any changes will constitute your acceptance of such changes. Please periodically review these Terms and check for any updates.
2. Eligibility and Registration
- NOOMI may approve or deny any application for membership in the Program for any lawful reason or no reason.
- You must be at least eighteen (18) years of age, or any higher minimum age in the jurisdiction where you reside, to register for a Program account (an “Account”).
- By applying for the Program, you agree to (a) provide accurate, truthful, current, and complete information; (b) maintain and promptly update your information upon any changes; (c) maintain the security of your Account by protecting your password and restricting access to your Account; (d) promptly notify NOOMI if you discover or otherwise suspect any security breaches or unauthorized access related to your Account, the Services, or the Program; and (e) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account.
- If there is a dispute about the ownership of an Account, we reserve the right to investigate and determine ownership of the Account based on our reasonable judgment.
3. Affiliate Websites
- Affiliate’s websites from which the Affiliate promotes NOOMI and products (collectively, the “Affiliate Websites”) shall not (a) infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, confidentiality, moral, or privacy right, or any other proprietary or intellectual property right; (b) violate or promote the violation of any law; (c) be defamatory, fraudulent, false, misleading, or deceptive; (d) constitute spam, phishing attempts, “chain letters”, “pyramid schemes”, or similar unethical marketing or advertising; (e) be pornographic, vulgar, exploitative of children, or otherwise obscene; (f) include sex or adult-themed products, services, or other material; or (g) promote violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
- Affiliate is fully responsible for and retains all rights and ownership in its Affiliate Websites. The Affiliate acknowledges and agrees that NOOMI (a) has no obligation to review, monitor, validate, correct, or update Affiliate Websites in any way, and (b) expressly disclaims any liability arising from the Affiliate Websites.
4. Affiliate Responsibilities & Restrictions
- Affiliate shall comply with all applicable local, state, national, and international laws and regulations, including, but not limited to, consumer protection, advertising, anti-bribery, export-control, and data privacy laws.
- Affiliate agrees to promptly assist NOOMI in complying with any applicable laws, including data subject requests that NOOMI may receive from any individuals referred to NOOMI by Affiliate. Affiliate further agrees to promptly assist NOOMI in complying with any duties to cooperate with supervisory authorities under applicable data protection laws.
- Affiliate shall only refer potential customers to NOOMI who (a) have provided valid contact information; (b) are not bots, fake, illegitimate, or otherwise fraudulent; and (c) meet the eligibility requirements set in NOOMI’s Terms of Service
- Affiliate Advertising
- Subject to the restrictions set forth in these Terms, Affiliate is responsible for the content, communications, and materials, including the form and format thereof, used by the Affiliate to promote NOOMI or the Services in connection with the Program (“Promotional Content”). Affiliate shall not modify, change, customize, copy, or imitate any of NOOMI’s Property (defined below), including NOOMI’s trademarks, logos, banners, and graphics, when using any of NOOMI’s Property in or as part of the Promotional Content. Authorized versions of NOOMI’s Property that may be used in Promotional Content are available in the Affiliate’s Account
- Affiliate shall promptly comply with NOOMI’s instructions to modify or remove Promotional Content.
- Promotional Content shall include a disclosure that Affiliate is a member of the Program and has a marketing relationship with NOOMI. Affiliate shall not conceal its relationship with NOOMI or obscure its participation in the Program in any way; nor shall Affiliate represent or imply that it is a NOOMI partner, employee, or another representative of NOOMI.
- Refer traffic to NOOMI through any pay to read, pay to click, banner exchanges, click exchanges, PPC advertising, pop-up/under, or similar methods. Referrals must be made from the Affiliate Websites;
iframes or any other techniques or technology to add the Affiliates tracking
cookie to a referral by any means other than an actual click-through;
- Using link cloaking, or masking techniques or technology, with the goal of promoting NOOMI on websites and/or networks not explicitly mentioned in your Account;
- Self-refer or refer yourself in any fashion. This includes referral of any operation or website in which the Affiliate has a controlling, proprietary, or equitable interest. Any referral where payment is made utilizing a form of payment controlled by or belonging to the Affiliate shall be considered a violation of these Terms.
5. Referral Commissions
- Affiliate shall place a hyperlink on the applicable Affiliate Websites, in a format approved by NOOMI, which redirects a potential NOOMI customer to the NOOMI website (the “Affiliate Link”). A “Referred Customer” is a potential NOOMI customer who clicks an Affiliate Link, registers for a NOOMI account, and/or buys a NOOMI product.
- The amount of and methodology of calculating Commissions are determined, and subject to change by, NOOMI in its sole discretion.
- Commissions are calculated based on the actual Fees paid by the Referred Customer, exclusive of any taxes (such as value-added tax, sales tax, goods and services tax, etc.), levies, or duties owed by the Referred Customer. If the Referred Customer has received a discount, the Commission is calculated from the discounted Fee. If any Fees are refunded to a Referred Customer for any reason, NOOMI may setoff such amounts from Affiliate’s future Commissions.
- When a potential NOOMI customer clicks on an Affiliate Link a tracking cookie will be stored by the web browser used by the potential NOOMI customer when they click on the Affiliate Link. The tracking cookie will have a validity of 30 days. During those 30 days, if the potential NOOMI customer clicks on a different Affiliate Link while using the same web browser, a new cookie will not be placed, and the original cookie will persist.
After 30 days have passed the original tracking cookie will expire and a new cookie will be placed if the potential NOOMI customer clicks on any Affiliate Link. Tracking cookies are stored by individual web browsers. If a potential NOOMI customer clicks on different Affiliate Links using different web browsers each web browser will store a tracking cookie associated with the Affiliate Link that was accessed within that web browser. At signup, the Referred Customer will be assigned to the Affiliate whose Affiliate Link is identified by the tracking cookie stored by the web browser used by the Referred Customer to sign up.
- NOOMI is not responsible for tracking cookies that have been either intentionally or unintentionally deleted. No Commission will be paid for tracking errors of any kind, including, without limitation, any tracking errors caused by Affiliate’s editing, masking, or tampering with an Affiliate Link.
- Commissions are paid via PayPal or another payment method selected by NOOMI. NOOMI is not responsible for any transaction fees charged by PayPal or any other payment provider.
- NOOMI is
not responsible for lost, stolen, or misdirected Commission payments.
- You are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with your participation in our Program. NOOMI will not withhold any taxes of any kind from your Commissions.
- NOOMI may in its discretion terminate the Program, this Agreement, and/or your Account at any time without formal notice, and Affiliate may terminate this Agreement at any time by providing written notice to NOOMI (collectively, “Termination”).
- Upon termination, (a) Affiliate shall (i) immediately cease all use of NOOMI’s Property, including NOOMI’s logos, marks, banners, images, content, trademarks, and software, (ii) remove and return or destroy all Promotional Content, and (b) NOOMI shall have no further obligations to Affiliate under this Agreement, including the payment of any pending or prior earned Commissions.
- We welcome questions, comments, suggestions, and ideas about NOOMI and our Program (“Submissions”). If you provide a Submission, whether by email or otherwise, you agree that it is non-confidential (unless we state otherwise in writing) and shall become the sole property of NOOMI. For any submissions by e-mail, please send your inquiry to firstname.lastname@example.org
- NOOMI shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You agree that NOOMI is not obligated to provide acknowledgment or compensation to you in exchange for Submissions.
8. Relationship of Parties
The relationship between you and NOOMI is solely that of independent contracting parties. Nothing in this Agreement creates any agency, joint venture, partnership, franchise, or another form of joint enterprise, employment, or fiduciary relationship between us. Neither NOOMI nor you have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement, or undertaking with any third party.
11. Audit and Inspection
NOOMI reserves the right to request from the Affiliate information, documents, data, personnel, and other materials regarding the Affiliate Websites and Promotional Content. The Affiliate is required to provide complete, accurate, truthful, and detailed information to NOOMI upon request.
- You agree to defend, indemnify, and hold harmless NOOMI (and each of our owners, officers, directors, employees, agents, contractors, licensors, and affiliates) (collectively the “NOOMI Indemnitees”) from and against any and all losses, costs, expenses, damages, injuries, and/or liability of any kind, including attorney’s fees, that a NOOMI Indemnitee may incur or suffer as a result of any claims, suits, proceedings, or investigations asserted or commenced by any third party, which arise out of or are in any way connected with (a) your participation in the Program; (b) Affiliate Websites or Promotional Content; (c) your breach or alleged breach of these Terms; or (d) your violation or alleged violation of any law or the rights of another.
- We reserve the right, in our sole discretion, to control any action or proceeding, including a selection of counsel, and determine whether we wish to settle it, and if so, on what terms, in which event you will cooperate with us in asserting any available defenses.