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Affiliate Program Terms and Conditions

Please read our affiliate terms and conditions carefully before joining our program or before marketing our program.

Each Affiliate is responsible for compliance with these terms and conditions and for compliance by their employees, agents, and contractors.

DEFINITIONS As used in these terms and conditions: (1)“We”, “us”, and “our” refers to Paradise Galleries and our website; (2)“you” or “your” refers to the Affiliate; “our website” refers to Paradise Galleries properties located at https://www.paradisegalleries.com; (3)“your website” refers to any websites that you will use to link to our website; (4)“Program” refers to the Paradise Galleries Affiliate Program.

ENROLLMENT After receiving your application, we will review your website and notify you of whether your application was accepted or denied from our Program. Please allow up to 1 week for your application to be reviewed. We reserve the right to reject any application, but encourage you to contact us if you feel we made an incorrect decision about your application. Please include all the websites that you plan to use to help us make a better decision.

WEBSITE RESTRICTIONS Your participating websites may not:

  1. Infringe on our or anyone else’s intellectual property, publicity, privacy, or other rights.
  2. Violate any law, rule, or regulation.
  3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography, or sexually explicit materials
  4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, date, or personal information.
  5. Contain software or use technology that attempts to intercept, diver, or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
  6. Promote or contain any content, or engage in any action, that is deceptive, unfair or misleading in any manner.
  7. Incentivize or reward anyone for clicking your affiliate links or taking action on Our Website that results in a commission being awarded to you as an affiliate. Websites returning part of their commission to the consumer in any form, to include rebates, points or credits, may not be accepted.

LINKING TO OUR WEBSITE If accepted into the Program, links will be made available to you through the Enlistly affiliate interface. Your acceptance into the Program means you agree to and abide by the following:

  1. You will not manipulate or create new linking code. All linking code must be obtained from the affiliate interface.
  2. All domains, websites, and social media accounts that use your affiliate link must be listed in your affiliate profile or sent separately to sdonawerth@paradisegalleries.com
  3. Your website must not copy, resemble, or mirror our website. You may not create the impression that your website is our website or any part of our Website, including framing of our website in any manner.
  4. You may not use false or misleading links on your website. You will not attempt to mask the referring URL (i.e. the page from where the click is originating).
  5. Using redirects to bounce a click off of a domain from which the click did not originate is prohibited.
  6. If you are found redirecting or manipulating links to hide their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects form the same domain where the affiliate link is placed.
  7. You may not use your own affiliate links to earn commissions on personal purchases. If this occurs, the commissions on such orders will be voided.

 USE OF CREATIVES The Paradise Galleries logo and banner designs may not be altered in any way without prior approval from Paradise Galleries. Original content promoting Paradise Galleries products may be created without prior consent, but anything using the Paradise Galleries logo or banner designs is prohibited. Paradise Galleries reserves the right to reject or refuse published content at any time and may request the removal of such media from Affiliate’s website at any time. Although disclosing the affiliate relationship with Paradise Galleries is strongly encouraged for all reviews, Affiliate cannot imply Paradise Galleries’ approval, or partnership of any review without prior approval from Paradise Galleries.

PPC GUIDELINES Paradise Galleries does not allow any PPC activity from its affiliates as a means to gain commissions from Paradise Galleries Affiliate Program. Affiliate is also barred from using Facebook or social media paid campaigns to advertise their unique tracking link and to gain commissions from Paradise Galleries Affiliate Program. Affiliate may not use Trademarked Terms in any paid advertising campaign.

We have a strict no tolerance policy on PPC trademark-related violations and you will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in this behavior.

SOCIAL MEDIA USAGE Promotion on Facebook, Twitter, Pinterest, and other social media platforms is permitted following these general guidelines: 1. You ARE allowed to promote approved affiliate offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. 2. You are PROHIBITED from posting your affiliate links on Paradise Galleries’ Facebook, Twitter, Pinterest, Tumblr, Instagram, etc. company pages in an attempt to turn those links into affiliate sales. 3. You are PROHIBITED from running Facebook ads or ads on any other social platform with Paradise Galleries’ trademark-related terms. 4. You are PROHIBITED from creating a social media account that includes Paradise Galleries’ trademark in the page name and/or username.

SOCIAL MEDIA ADVERTISING GUIDELINES We do not allowed paid advertising on social media in order to gain affiliate commissions at this time. For special approval on a case by case basis, please contact sdonawerth@paradisegalleries.com. • You may not use our trademark-related terms or logo in your ad creative, title, ad copy, display name, or as the display URL. • You may not direct link to our website from any social ads or use redirects that yield the same result. Affiliates must be directed to an actual page on your website. You will forfeit all commissions for a minimum of the past 30 days and your commission rate will be set to 0% without warning if you engage in social advertising that violates these policies.

COUPON GUIDELINES • You may only advertise coupon codes that are provided to you through the affiliate program or network or that are displayed on our website(s). • Posting any information about how to work around requirements of a coupon or promotion will result in removal from our program. • Coupons must be displayed in their entirety with the full offer, valid expiration date, and code • You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code. • You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer emails, paid search, social media, or any other campaign. • You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. • Any transaction that uses a non-authorized coupon code will not be eligible to receive commission for that transaction. • You may NOT display codes that do not exist in order to generate a click.

SUB-AFFILIATE NETWORKS Promoting Paradise Galleries through a sub-affiliate network is NOT permitted. Data feeds: Do NOT submit data feeds to third party shopping sites.

DOMAIN NAMES Use of any of our trademark-related terms as part of the domain or sub-domain of your website is prohibited.

ADVERTISING & PUBLICITY You may not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via email campaigns, you must adhere to the following: 1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program. 2. Email may NOT appear to come from Paradise Galleries and must be sent on your behalf. 3. Emails must first be submitted to us for approval prior to being sent or we must be sent a copy of the email. You may not send SMS or MMS messages to a user’s device unless the user has specifically opted in to receive such messages, in compliances with all applicable laws, rules, regulations, and best industry practices.

OPERATIONS OUTSIDE UNITED STATES If conducting business from persons in other countries, you must follow the laws of those countries.

PROHIBITION AGAINST SOLICITATION FOR RESIDENT AFFILIATES IN CERTAIN STATES If your place of business is in a Non-Solicit State, you must abide by the local laws. All activity that makes Paradise Galleries liable for illegal solicitation activities is strictly prohibited. Paradise Galleries reserves the right to collect a written statement of compliance for affiliates living in these states at any time if deemed necessary. Affiliate agrees to cooperate with completing any forms that may be required for tax purposes, including statements or certifications regarding its activities. Affiliate further acknowledges that tax laws are subject to change at any time and such changes may render Affiliates in certain states ineligible for continued participation in Paradise Galleries’ Affiliate Program. Paradise Galleries reserves the right to remove any Affiliate from the Paradise Galleries Affiliate Program at any time for any reason or to revise this understanding prohibiting affiliate solicitation on its behalf. Any affiliate who relocates to a state with affiliate-nexus tax laws, MUST NOTIFY Paradise Galle of the move and their affiliate status will end immediately upon relocation.

PRIVACY If your website collects information, your website must contain a privacy policy that fully, clearly, and accurately describes the information collection and use practices for such sites. Without limiting the foregoing, you must comply with all applicable laws, rules, and regulations regarding privacy, including any industry best practices or self-regulatory programs. You may not collect personal information from children under 13 in violation of the Children’s Online Privacy Protection Act (“COPPA”). In addition, you may not place links to the Program or Our Website on websites targeted towards children under 13 or send us personal information in violation of COPPA.

FTC DISCLOSURE REQUIREMENTS You must comply with Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 Code of Federal Regulations Part 255) in connections with links to Paradise Galleries’ website. You shall include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links are posted, and where it is not clear that the link is a paid advertisement. This disclosure should be clear and concise, stating that we are compensating you for your review or endorsement. Examples include: “This post contains affiliate links. I will receive a commission from Paradise Galleries if you click on the link and make a purchase.” If you received any products from us for free, you must also clearly state this in your disclosure. • Disclosures must be made as close as possible to the claims. • Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. • Pop-up disclosures are prohibited. • For more information about FTC disclosure requirements, please review these guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf and http://business.ftc.gov/advertising-and-marketing/endorsements

REMEDIES, REVERSAL & COMMUNICATION POLICY Without limiting any other rights or remedies of Paradise Galleries, if Paradise Galleries reasonably determines that you have violated any of these terms and conditions, we may take one of the following actions: 1. Reverse your orders, transactions, or commissions. 2. Require you to forfeit any or all commissions. 3. Set your commission level to 0%. 4. Suspend you in full or in part of the Program. 5. Terminate you from the Program. 6. Refer your activities to legal authorities. 7. Share your information with third parties who are the victims, targets, or otherwise affected by your violation of these terms and conditions. Paradise Galleries reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy and will result in removal from the program: 1. You are not forthcoming, intentionally vague, or are found to be lying. 2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile. 3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof. 4. You are a member of our affiliate program with multiple accounts and did not disclose this information. We know that many violations are the result of automated processes; however it is the responsibility of the affiliate to have the appropriate checks and balances in place to ensure that our terms and conditions are abided by. We may also terminate your participation in the Program at any time without cause, in which case you will be paid all commissions properly due through the effective date of such termination. Paradise Galleries will process payments for all commissions and bonuses paid to affiliates.

INDEMNIFICATION You shall defend, indemnify, and hold Paradise Galleries, its affiliates, and each of their employees, officers, directors, and agents harmless form all claims, damages, losses, liabilities, fees, costs, and expenses (including, without limitation, attorneys’ fees relating to: the development, operation, maintenance, and content of your website; breach of any of these terms and conditions; or infringement, misappropriation or violation of any Intellectual Property Rights arising out of your participation in the Program.

DISCLAIMER To the maximum extent permitted by applicable law, Paradise Galleries makes no express or implied representations or warranties regarding the Program or our Website or the products or services provided therein. In addition, our website is provided on an “As Is” and “As Available” basis. We make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.

LIMITATION OF LIABILITY To the maximum extent permitted by applicable law, Paradise Galleries shall not be liable to you or any other person or entity for any loss of actual or anticipated profits, loss of business, loss of or damage to or corruption of date, loss of use, cost of procurement of substitute goods or services, or for any indirect, special, exemplary, incidental, punitive, or consequential damages in connection with the Program however caused, whether arising under statute, contract, tort (including negligence) or under any other theory of liability, whether or not the party has been advised of the possibility of such damage or whether such damage was foreseeable or in the contemplation of the parties.

RELATIONSHIP OF PARTIES The parties are independent contractors, and nothing in these terms and conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Website or otherwise, that reasonably would contradict anything in this Section.

GOVERNING LAW These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of the State of California. Any dispute arising out of or relating to these terms and conditions will be subject to the exclusive jurisdiction of the state and federal courts located in the County of Orange, State of California. By you applying to and/or joining the Program (and becoming an Affiliate thereunder), you submit to the exclusive jurisdiction of such courts.