Terms of Service Agreement

NicheVendor Terms of Service

By signing up to be an Affiliate / Influencer / Brand / Agency in the NicheVendor Affiliate & Influencer Programs (“Program”) or using our Services you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

NicheVendor reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://secure.nichevendor.com/terms-of-service-agreement

Payments by PayPal / Wire Transfer or Bank Transfer / Truelancer / Bitcoin Cryptocurrencie

Commissions are paid by PayPal / Wire Transfer or Bank Transfer / Truelancer and Bitcoin Cryptocurrencies. We can not send checks, credit cards, or send cash. You are required to have a PayPal / Bank / Truelancer / Bitcoin Cryptocurrencie account to receive commissions. Payments made weekly only begin once you’ve earned more than $50 in income. The payment is in USD or in EURO.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Program, you will be assigned a unique Affiliate Code or personalized coupon codes. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site social media profiles, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to our Product Sites. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Product Sites. You must ensure that each of the links between your site and the Product Sites properly utilizes such special link formats. Links to the Product Sites placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.”
You will earn referral fees only with respect to sign-ups on a NicheVendor product site occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they signed up or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems or given coupon codes.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Identifying yourself as a NicheVendor Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of NicheVendor, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities as Affiliate / Influencer

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site and or your social media profile.

For example, you will be solely responsible for:
• The technical operation of your site and all related equipment
• Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
• The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
• Ensuring that materials posted on your site or social media profile do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
• Ensuring that materials posted on your site / profile are not libelous or otherwise illegal
• Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Influencer Terms

  1. We do not accept accounts with “links” in the bio to competing services.
  2. It is not allowed to have or set the account to private.
  3. It is important to have an active site / account with a theme and regular Posts!
  4. You are not allowed to solicit Advertisers outside of NicheVendor regarding payments for your orders. All payments are handled by NicheVendor.
  5. You must notify NicheVendor within 48 hours of receiving the order if you are unable to post a shoutout or if a shoutout conflicts with your ad or content policies.
  6. You must NOT modify, change or otherwise edit the caption and media attachment of the shoutout order. Instead, please cancel the order and notify us.
  7. With two canceled orders, we have the right to deactivate your account and to exclude you from the sale.
  8. You must NOT boost, increase or fabricate any engagement metrics of your social media account, including, but not limited to, your NicheVendor orders.
  9. Compensation for published shoutouts will only be credited if the order is completed and a Screen Shot is uploaded. At the end of the post time period you need to take a screen shot that clearly shows the time period it was posted e.g. 6 hours and the amount of “likes” received.
  10. If you fail to upload screenshots, your payment withdrawal will not be processed until proof of publication is provided by you and verified by NicheVendor.
  11. If you remove the link to NicheVendor (plus influencer), your pending withdrawal requests will not be processed or paid.

ACCOUNT / SITE RULES: 1. No smoking, drugs, or alcohol related posts. 2. No false advertising, spams, scams, make money or “get rich quick schemes”. 3. All posts must be suitable for all ages. 4. No spammy captions or “win shoutout for follow”. 5. No nudity, No sexual content or references, No profanity

Your responsibilities as Brand / Advertiser

NicheVendor influencers reserve the right to refuse any shoutout request if promotional image does not adhere to their content or ad guidelines (balance refund will be provided).

NicheVendor or NicheVendor Influencer and Affiliates does not sell likes, followers, subscribers, views, retweets, comments, clicks, or traffic. NicheVendor is a platform that brokers access and exposure between Brands/Advertise and Influencers/Affiliates. Results of your Campaigns depend on many factors and are not guaranteed by NicheVendor. Please find our Refund Policy here.

Advertiser Terms

  1. Influencers may require additional information before posting a shoutout.  NicheVendor and Influencers will not be responsible for any delay in posting a shoutout that is due to your failure to respond to a reasonable request for additional information.
  2. Please allow up to 72 hours after scheduled time of post for the Influencer to contact you or update you on the status of your Campaign.
  3. NicheVendor reserves the right to modify and update your preferred time at NicheVendor’s sole discretion.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to any Product Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. NicheVendor reserves the right to end the Program at any time.

1. You must be 16 years or older to be part of this Program.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in your account in order to complete the payment process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
5. You are responsible for maintaining the security of your account and password. NicheVendor cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. One person or legal entity may not maintain more than one account.
8. You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
9. You may not use the Program to earn money on your own NicheVendor product accounts.
10. You must not share opinions about orders in public form (comments, direct messages, order captions).
11. We reserves the right to reverse funds from your balance, if brands/customer or advertiser dispute deposit with financial institution.
12. Affiliate/Influencers who engage with Brands/Advertisers or Brands/Advertisers who engage with Affiliate/Influencers outside of the Platform are liable to NicheVendor for fees that would otherwise be due to NicheVendor.

As a condition of your use of the Program, you represent and warrant that: (1) you have reached the age of majority in your jurisdiction of residence; (2) if you are accessing or using the Program on behalf of another person or entity, you have the authority to bind such person or entity to these Terms of Use.

Termination

NicheVendor, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other NicheVendor service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. NicheVendor reserves the right to refuse service to anyone for any reason at any time. If you violate these Terms of Use, your account will be terminated, your selling privileges will be permanently suspended, and you will forfeit any balance in your account.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement 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 site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, 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 referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Product Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Federal Trade Commission

The Federal Trade Commission requires any party that makes public written statements regarding a person, company, or product and that receives compensation of any type from that person, company, or product to properly disclose such relationship in such post. This means you may be required to include the word “Ad”, “spon” or other indication of the relationship between you and Client in your campaign related social media posts. The disclosure requirements for each campaign will be communicated to influencers by NicheVendor prior to campaign start. Influencers hereby agree to comply with these disclosure requirements and acknowledge that you will be solely responsible for any failure to comply with the disclosure requirements.

CAN-SPAN

Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

Here’s a rundown of CAN-SPAM’s main requirements:

1. Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.

2. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.

3. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.

4. Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.

5. Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.

6. Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.

7. Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.

RELATED RULE: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/can-spam-rule
http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=cea8be427690a26231dda41b8ccb5f75&ty=HTML&h=L&n=16y1.0.1.3.40&r=PART

RULE SUMMARY:
The CAN-SPAM Act requires the Commission to issue regulations “defining the relevant criteria to facilitate the determination of the primary purpose of an electronic mail message.” The CAN-SPAM Act applies almost exclusively to “commercial electronic mail messages”.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.