|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
This Affiliate Agreement (the "Agreement") contains the
complete terms and conditions between The Rug Collective, Inc. ("us",
"we" or "The Rug Collective") and you, regarding your
application to and participation in The Rug Collective Affiliate Program
(the "Program") as an affiliate of The Rug Collective
("you" or "Affiliate"), and the establishment of links from
Affiliate's social media accounts to our website, www.therugcollective.com (the
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE PROGRAM,
YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY
ITS TERMS AND CONDITIONS.
1. ELIGIBILITY TO PARTICIPATE IN THE PROGRAM
To participate in the Program, you must be a legal resident of the fifty
(50) United States and at least eighteen (18) years of age or older (or the age
of majority, whichever is greater) in your state of legal residence. Employees
of The Rug Collective and/or any of its subsidiaries, affiliates or related
companies are not eligible to participate.
"Affiliate" shall mean the individual applying to or
participating in the Program by displaying The Rug Collective's products on the
social media accounts owned or controlled by Affiliate, including but not
limited to, Instagram, Facebook, TikTok, YouTube or blog (individually and
collectively, "Affiliate's Social Platform"), using an affiliate
tracking link (the "Link" defined below) in exchange for receiving a
commission from The Rug Collective for sales directly resulting from such
"Commission Fees" shall mean the amount Affiliate will be paid
for each Qualified Purchase by a Referred Customer that Affiliate refers to The
Rug Collective, pursuant to the terms of this Agreement.
"Link" shall mean a unique tracking link provided by TRC to
Affiliate for Affiliate's use and posting on Affiliate's Social Platform in
connection with a Post.
"Post" shall mean a post, story, tweet, video or blog, as
applicable, made by Affiliate on Affiliate's Social Platform, showcasing the
Product and subject to the terms of this Agreement.
"Product" shall mean product available for purchase from the TRC
Site. Affiliate is solely responsible for acquiring (by purchase, borrow or
otherwise) any such Product; however, from time to time, The Rug Collective may
gift Product to Affiliate as determined in its sole discretion.
"Qualified Purchase" shall mean a sale of The Rug Collective's
Product(s) to a Referred Customer. For sake of clarity, a Qualified Purchase
shall only include a sale of Product to a Referred Customer at its full retail
price or subject to a discount code or price reduction that is applicable to
all or a general category of items on the TRC Site.
"Referred Customer" shall mean each new customer referred to
the TRC Site from Affiliate through a Link, that provides valid account and
billing information and completes a Qualified Purchase.
3. ENROLLMENT IN THE PROGRAM
(a) To begin the enrollment process, Affiliate must submit a completed
Program application through the TRC Site.
(b) We will evaluate your application and notify you in a timely manner
if the application is accepted or rejected. We may reject Affiliate's
application for any reason, in our sole discretion, including if we determine
that Affiliate's Social Platform is unsuitable for the Program. Unsuitability
includes, without limitation, illegal, offensive, infringing content or content
that we otherwise deem offensive. If Affiliate is accepted into the Program,
Affiliate shall notify The Rug Collective in writing of any significant changes
to the content or structure of Affiliate's Social Platform within five (5) days
of such change(s).
(c) For sake of clarity, submitting an application does not guarantee
your acceptance into the Program. Applicants accepted into the Program will be
determined by The Rug Collective solely in its discretion. If you are accepted
into the Program, The Rug Collective expressly reserves the right to suspend or
terminate your participation as an Affiliate and/or deactivate your Link, for any
or no reason, with or without cause, at any time in its discretion. In the
event of any such suspension, termination or deactivation, you will be notified
by us in writing. The Rug Collective further expressly reserves the right to
modify, suspend or terminate the Program, and/or modify its Terms and
Conditions, in whole or in part, at any time in its discretion, for any or no
reason, and without notice to Affiliate.
Affiliate shall not modify the Link in any way. We will not be
responsible for errors that occur in the tracking of transactions if Affiliate
has made or caused any such modification.
(a) The Post: (i) must depict only Affiliate and no other person, unless
such other person is at least eighteen (18) years of age or older (or the age
of majority, whichever is greater) and a legal resident of the fifty (50)
United States and Affiliate has obtained the consent of such person to be
depicted in the Post (the "Permitted Third Party"); (ii) must depict
Affiliate and/or the Permitted Third Party wearing Product(s); (iii) must tag
and mention in captions @therugcollective.co and must include the required
hashtag #TRCPartner in a clear and conspicuous manner (for example, in an
Instagram Post, it must appear "above the fold" within the first three
(3) lines of the post or superimposed in a story); (iv) may not mention,
reference or show any brand that is competitive to The Rug Collective; (v) must
not defame, misrepresent or disparage The Rug Collective, its business,
products or brands, or any third party brands, products or services competitive
to The Rug Collective and/or its business, products or brands; (vi) must
reflect Affiliate's actual, honest opinions, findings, beliefs, or experiences
with The Rug Collective and its business and products and will not contain any
statements or representations about Company or its business and products which
are not true or that is misleading or deceptive; (vii) shall be Affiliate's own
original work, created solely by Affiliate, and will not infringe the
copyright, trademark, privacy, publicity, or other personal or proprietary
rights of any person or entity; and (viii) shall not contain or reference
content which is lewd, obscene, sexually explicit, pornographic, disparaging,
defamatory, libelous, or otherwise illegal, offensive or inappropriate in any
(b) Affiliate represents, warrants and agrees that it shall abide by all
of the foregoing, as well as all applicable laws, rules and regulations,
including the Federal Trade Commission's Endorsement Guides ("FTC
Guides"), which require that material connections between advertisers and
other applicable policies of the social media platform used by Affiliate for
its Post(s). We reserve the right to withhold Commission Fees and/or deactivate
your Link and/or terminate your affiliate relationship with us if we determine,
in our sole discretion, that you are not in compliance with any of the
foregoing, including but not limited to, your noncompliance with the FTC Guides
and failure to clearly and conspicuously include the required hashtag #TRCPartner
as set forth above. Affiliate further represents and warrants that he/she has
obtained any and all necessary consents of any Permitted Third Party.
6. ORDER PROCESSING
The Rug Collective will process orders placed by Referred Customers who
follow the Link from Affiliate's Social Platform to the TRC Site. We reserve
the right, in our discretion, to reject orders that do not comply with certain
requirements that we may establish from time to time. All aspects of order
processing and fulfillment, including The Rug Collective's cancellation,
processing, refunds, customer service and payment processing, will be our
responsibility. We will track the Qualified Purchases generated by your
Affiliate Link, at our discretion either directly or via a third party vendor,
and we will make this information available to you through the TRC Site. To
permit accurate tracking, reporting and commission accrual, you must ensure that
the Link between Affiliate's Social Platform accounts and the TRC Site are
properly formatted. We shall not be responsible for improperly formatted Links.
7. COMMISSION FEE DETERMINATION; QUALIFIED PURCHASES
(a) We will pay Affiliate a Commission Fee based on the number of
Qualified Purchases generated by the Link on Affiliate's Social Platform.
(b) The Commission Fee amount and structure shall be determined by the
method of payment selected by Affiliate in its Program application. If
Affiliate selected payment through PayPal, the Commission Fee shall be in an
amount equal to ten percent (10%) for each Qualified Purchase, unless otherwise
agreed between the parties in writing. If Affiliate selected payment by
discount code, for each Qualified Purchase, Affiliate will receive a discount
code in an amount equal to ten percent (10%) of the Qualified Purchase, unless
otherwise agreed between the parties in writing, which discount code is valid
towards a purchase made by Affiliate on the TRC Site. The discount code is not
valid towards prior purchases.
(c) A "Qualified Purchase" will not include: (i) a purchase
that was completed prior to the Affiliate joining the Program or was not
tracked properly through an Affiliate Link; (ii) a purchase that The Rug
Collective suspects, in its sole discretion, is the result of fraud, which
shall include but is not limited to, the use of software that generates real
and fictitious information, multiple accounts from the same customer, or the
referral of accounts that do not comply with this Agreement; or (iii) a
purchase made by Affiliate through its own Affiliate Link.
(d) We reserve the right to withhold payment of Commission Fees to an
Affiliate who has commissions that are potentially fraudulent as determined by
us in our sole discretion, to determine the legitimacy of the Referred
(e) We reserve the right to suspend
the payment of Commission Fees at any time and indefinitely, if we suspect
fraud or other improper activity or a potential breach of any of the terms of
this Agreement by the Affiliate or a Referred Customer. We reserve the right to
deduct from Affiliate's current and future Commission Fees any and all
Commission Fees corresponding to any fraudulent, questionable or cancelled
(f) We reserve the right to
immediately cancel or withhold for later review any Commission Fee that fails
to meet the criteria of a "Qualified Purchase".
(g) Any attempt by Affiliate to
manipulate, falsify or inflate Referred Customers, Qualified Purchases or
Commission Fees to intentionally defraud TRC or any violation of the terms of this
Agreement constitutes immediate grounds for us to terminate your participation
in the Program and will result in the forfeiture of any Commission Fees due to
(a) Commission Fees will be paid
sixty (60) days from the order date of the Qualified Purchase associated
(b) Payment of Commission Fees will
be made through PayPal or by discount code to the TRC Site, depending upon the
method of payment you selected in your Program application. We are not
responsible for paying any third party fees charged by PayPal in order for you
to receive your Commission Fees.
(c) We reserve the right, in our
discretion, to change or modify the available commission payment methods or
payment schedule at any time. You will be notified by us of any such changes,
which shall take effect when posted on the TRC Site.
(d) Affiliate acknowledges and
agrees that we may fulfill our payment obligations under this Agreement through
a third party service or vendor.
(e) We do not make any guarantee of
a minimum amount of Qualified Purchases or that Affiliate will earn any amount
of Commission Fee under this Agreement.
You may log into your affiliate
console to review your click through and potential Qualified Purchases
statistics on a daily basis. The potential Qualified Purchases shown in this
report have not been reviewed to confirm they meet all criteria for Qualified
Purchases and, as such, Commission Fees may not be issued for all Referred
Customers that appear in the affiliate console. In the event that Affiliate
disputes a Qualified Purchase and/or Commission Fee, Affiliate must file a
written report of such dispute with TRC by email within ten (10) days after the
subject Commission Fee is made and/or would otherwise have been due.
Affiliate's failure to file a timely dispute shall result in forfeiture of
Affiliate's right to dispute the subject Commission Fee.
Referred Customers who buy products
through the Program will be deemed to be customers of TRC. Accordingly, all TRC Site terms,
policies, and procedures concerning customer orders, customer service, and
product sales will apply to such customers with respect to their transactions
at the TRC Site. We may change our terms, policies and procedures at any time
consistent with applicable laws. Since prices and availability may vary from
time to time, Affiliate may not display TRC
price information on Affiliate's Post. We will use commercially reasonable
efforts to present current and accurate information, but we cannot guarantee
the availability or price of any particular product.
We grant to Affiliate a limited,
non-exclusive, non-transferable, revocable license to use and display the
Links, to access the TRC Site through the Links and to use our trademark and
logos solely in accordance with the terms of this Agreement, and only during
the Term of this Agreement.
As between Affiliate and TRC, TRC
shall own all right, title and interest, including all Intellectual Property
Rights, in and to the TRC Site, the Program and the Links. For the purposes of
this Agreement, "Intellectual Property Rights" means copyright
rights, trademark rights, patent rights, trade secrets, moral rights, right of
publicity, authors' rights, contract and licensing rights, goodwill and all
other intellectual property rights as may exist now and/or hereafter come into
existence and all renewals and extensions thereof, regardless of whether such
rights arise under the laws of the United States or any other state, country or
We agree that you shall retain
ownership rights to your Posts and you hereby grant us the perpetual, worldwide,
royalty-free right and license to publish, copy, re-post, link to or otherwise
use your Posts, your Social Platform handle, your name, and your image and
likeness as depicted in a Post, in whole or in part, for any purposes in our
discretion, in any and all mediums, without limitation, additional
compensation, notice, review or approval.
Affiliate will be solely
responsible for all content that appears on Affiliate's Social Platform. Such
responsibility includes, without limitation: (i) the accuracy, timeliness and
appropriateness of content posted on or to Affiliate's Social Platform; (ii)
ensuring that posted materials do not violate or infringe upon the rights of
any third party; and (iii) ensuring that posted content is not libelous or
Affiliate shall defend, indemnify
and hold TRC and its officers, directors and employees harmless from all
claims, damages, and expenses (including, without limitation, reasonable
attorneys' fees) relating to Affiliate's breach of this Agreement or gross
(a) The term of this Agreement will
begin upon our acceptance of Affiliate's application into the Program and will
end when terminated by either party (the "Term"). Either party may
terminate this Agreement at any time, with or without cause, by giving the
other party prior written notice by email.
(b) TRC expressly reserves all rights to terminate
the Program, in whole or in part, at any time for any or no reason, as
determined in its sole discretion, by giving Affiliate written notice by email.
(c) Upon termination of this
Agreement, Affiliate shall promptly remove all Links and Programrelated content
from Affiliate's Social Platform. Affiliate is only eligible to earn Commission
Fees on Qualified Purchases occurring during the Term (including all steps
required for a transaction to be a Qualified Purchase under this Agreement. In
the event that an overpayment is made by TRC, Affiliate agrees to promptly remit such
excess payment upon notification by TRC.
TRC may withhold Affiliate's final
payment for a reasonable time to ensure that the correct amount is paid. The
definitions contained in this Agreement and Sections 12, 13, 15 and 18 through
22, shall survive the termination of this Agreement, along with any other provisions
that by their express terms do, or by their nature should, survive.
We may modify this Agreement at any
time in our sole discretion; provided that the change shall solely apply to
events occurring after the date on which you accept and agree to such
modifications unless you otherwise agree herein. Such modifications shall take
effect when posted on the TRC Site. Modifications may include, but are not
limited to, changes in the scope of available Commission Fees, commission
amounts or percentages, payment procedures, Commission Fee payment schedules,
and Program rules. If any modification is unacceptable to you, your only
recourse is to terminate this agreement, in which event you shall be entitled
to your rights under the unmodified Agreement prior to the date of the
applicable modification. Your continued participation in the Program following
our posting of any modification on our website will constitute binding
acceptance of the change.
For purposes of this Agreement,
Affiliate will not be considered an agent, employee or representative of TRC and shall remain in all respects an
independent contractor. You will have no authority to make or accept any offers
or representations on our behalf. Affiliate has no authority to act for or on
behalf of TRC or to bind TRC in any legal contracts.
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT TRC SHALL NOT BE LIABLE TO YOU FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES,
INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR
YOUR PARTICIPATION IN OR INABILTIY TO PARTICIPATE IN THE PROGRAM (HOWEVER ARISING,
AND REGARDLESS OF THE THEORY OF RECOVERY), EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL LIABILITY TO AFFILIATE ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE
TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE
(3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
THE PROGRAM IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS,
WARRANTIES OR GUARANTEES OF ANY KIND. TRC
EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM
(INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A
COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, TRC MAKES AND GIVES NO WARRANTY (i) THAT THE
PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THAT THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE
PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH
MATERIAL. TRC FURTHER MAKES NO
REPRESENTATION THAT THE OPERATION OF THE TRC SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS OR ERRORS.
(a) Any notice provided for or
permitted under this Agreement will be treated as having been given when (i)
delivered personally, (ii) sent by email; (iii) sent by nationally recognized
commercial overnight courier with written verification or receipt; or (iv)
mailed postage prepaid by certified or registered mail, return receipt
requested, to the party to be notified, at the address set forth on Affiliate's
application, in the case of Affiliate, and the postal and/or email address, as
applicable, set forth below for TRC.
This provision shall not apply to Section 17, "Modifications."
The Rug Collective, Inc
Jacksonville, FL 32256-6944
Attn: Customer Service
(b) If any provision of this
Agreement is found to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not impair, affect or
render invalid or unenforceable any other provision of this Agreement, and such
invalid or unenforceable provision shall be replaced by a provision that is
valid and enforceable and that comes closest to expressing the intention of
such invalid or unenforceable provisions.
This Agreement shall be governed by
and construed under the laws of the State of New York, without regard to its
conflict of laws principals. All claims, disputes or causes of action between
us relating to or arising from this Agreement and/or the Program shall be resolved
by mandatory, binding arbitration in accordance with the Commercial Arbitration
Rules of the American Arbitration Association ("AAA"), which must be
commenced within one (1) year after such claim, dispute or cause of action
arises. The arbitration shall be conducted in New York, New York, and the
Federal Arbitration Act, and not any state law concerning arbitration, shall
apply. The arbitration award shall be final and exclusive, and the prevailing
party in the arbitration may file an action in court to confirm and to enforce
the arbitration award. Any such action, or any claim, cause of action or
proceeding not subject to arbitration as set forth in this Section, shall be
filed and adjudicated in a state or federal court in New York, New York, and all
parties agree to submit to the personal jurisdiction of those courts. You
irrevocably waive any rights to seek and/or obtain injunctive or other
equitable relief and any defense of forum non conveniens. Should either party
pursue any other judicial or administrative action with respect to any matter
included within the scope of this binding arbitration provision, the responding
party will be entitled to recover its costs, expenses and attorneys' fees
incurred as a result of such action. Further, any and all disputes, claims and
causes of action arising out of or connected with this Agreement and/or the
Program, will be resolved individually, without resort to any form of class
Each of the parties hereto agrees
that all information including, without limitation, the terms of this
Agreement, business and financial information, TRC pricing and sales information, shall
remain strictly confidential and shall not be utilized for any purpose outside
the terms of this Agreement except and solely to the extent that any such
information is (a) already lawfully known to or independently developed by the
receiving party, (b) disclosed in published materials, (c) generally known to
the public, or (d) lawfully obtained from any third party any obligation of
confidentiality to the discloser hereunder. Notwithstanding the foregoing, each
party is hereby authorized to deliver a copy of any such information (a) to any
person pursuant to a valid subpoena or order issued by any court or administrative
agency of competent jurisdiction, (b) to its accountants, attorneys, or other
agents on a confidential basis, and (c) otherwise as required by applicable
law, rule, regulation, or legal process.
Last updated: May, 26th 2021
The Rug Collective, Inc. ("us", "we", or "our") operates the https://www.therugcollective.com website (the "Service").
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection and Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name ("Personal Information").
We may also collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third-party services, such as Google Analytics, Mixpanel, that collect, monitor and analyze this type of information in order to increase our Service's functionality.
Google Analytics service is provided by Google Inc.
You can opt-out from Google Analytics service from using your information by installing the Google Analytics Opt-out Browser tool: https://tools.google.com/dlpage/gaoptout
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/policies/privacy/
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/policies/privacy/
We may employ third-party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside The United States of America and choose to provide information to us, please note that we transfer the information, including Personal Information, to The United States of America and process it there.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Our Service does not address anyone under the age of 13 ("Children").
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.