Affiliate Program Agreement
1. Agreement Terms
By enrolling in the Birch Team, Inc. Affiliate Program ("Program"), you agree to adhere to the following terms and conditions ("Terms of Service"). Birch Team, Inc. reserves the right to amend, modify, or enhance these Terms at any time without prior notice. Continued use of the Program after any such changes constitutes acceptance of the revised Terms.
2. Initiating and termination of Participation
Affiliate partners join the affiliate program through the Partnerstack partner platform (partnerstack.com). All communication is led through the platform or other methods defined by the parties. Affiliate partners can terminate the participation at any time through Partnerstack or individual notification. Upon termination, Affiliates shall immediately cease all promotional activities related to Birch Team, Inc. and remove any affiliate links or materials from their platforms.
3. General Restrictions
Affiliates are prohibited from engaging in the following promotional activities:
- Using coupon, deal, loyalty, cash-back, rewards, or virtual mall websites.
- Infringing upon Birch’s or any other entity’s intellectual property, publicity, privacy, or other rights.
- Employing cookie stuffing or altering tactics.
- Utilizing adware, spyware, loyalty-ware, or similar software.
- Violating any applicable laws, rules, or regulations.
- Including affiliate links in defamatory, obscene, threatening, harassing, harmful to minors, or sexually explicit content.
4. Campaigns Guidelines
If promoting the affiliate program via a paid search channel or any other method, Affiliates must adhere to the following:
- Not purchasing ads that direct to competing sites through affiliate links.
- Not bidding on branded search terms related to Birch Team, Inc. (example "Birch" or "Reveal bot") or using Birch Team, Inc. brand or product names in any communication
- Ensuring their website does not copy or resemble Birch Team, Inc.’s brand or website. (example Birch.website.com, reveal.website.com, or www.Birch-discount.com)
- Avoiding cookie stuffing or false/misleading links.
- Not using Birch Team, Inc.'s terms as part of domain names or social handles. (example i.e. facebook.com/Birch-coupons)
5. Email Campaigns
For promotion via email campaigns or newsletters, Affiliates must:
- Abide by the CAN-SPAM Act of 2003.
- Send emails on their behalf without implying representation of Birch Team, Inc.
6. Brand Guidelines
Affiliates must adhere to Birch Team, Inc.'s brand tone of voice and guidelines provided in the Affiliate program, including the use of logos and product images.
7. Non-Compete Clause Enforcement and Reversal
During the term of this Agreement and for a period of 6 months after its termination or expiration, the Affiliate agrees not to directly or indirectly engage, participate in, or promote any products, services, or companies that directly compete with those offered by Birch Team, Inc. This includes, but is not limited to, promoting similar products or services, or representing competing companies in the same industry. The Affiliate acknowledges the potential harm to Birch Team, Inc's interests and agrees to refrain from engaging in competitive activities during and after the Agreement's term.
We expressly reserve the right to cancel referral payouts at any time, at our sole discretion, due to order cancellations, duplicate tracking, returns, disputed charges, or any violations of these Terms of Service, or conflicts of interest.
8. Violations and Consequences
Any violation of these Terms may result in the termination or suspension of your rights as an Affiliate, as well as forfeiture of any outstanding affiliate fees earned during the violation. Birch Team, Inc. retains the right to remove, suspend, or withhold fees from partners who violate these terms, or whose interests conflict with those of the Program.
9. Affiliate Fees
Affiliates will receive the following commission and the subscribers they refer to us will receive the following discount: :
- Affiliate Commission : Affiliates will earn a referral commission of 15% on the first 12 months of subscription revenue generated from referred customers.
- Subscriber Sign-Up Offer: Subscribers will receive a discount of 10% off their monthly subscription fee r the first 3 months.
The commission will be calculated based on the net revenue generated from referred customers after any applicable discounts or promotions and processed through Partnerstack. Birch Team, Inc. reserves the right to adjust commission rates or terms at any time with prior notice to affiliates.
10. Enforcement and Reversal
Birch Team, Inc. reserves the right to reverse affiliate payouts due to order cancellations, duplicate tracking, returns, disputed charges, fraudulent activities and violations of these Terms.
11. Enforcement of Violations
Upon the first violation, Birch Team, Inc. will notify the Affiliate to cease violating the rules and may retain fees earned during the violation. In case of a second violation, Birch Team,Inc. will block the affiliate from the program and retain fees earned during the violations.
12. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary information shared during the course of this Agreement, including but not limited to, customer lists, financial information, and marketing strategies.
13. Indemnification
Affiliates agree to indemnify and hold harmless Birch Team, Inc., its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses arising out of or related to the Affiliate's breach of any provision of this Agreement.
14. Limitation of Liability
Birch Team, Inc. shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement, even if advised of the possibility of such damages.
15. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the United States. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in the United States.
16. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter herein.
17. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
18. Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce it thereafter.
