AFFILIATE PROGRAM

ENROLLMENT IN THE PROGRAM

To apply to be an Affiliate in the DD Bird Affiliate Program (“Program”), please fill out the application here. Before applying, please read the Terms and Conditions below. After completing and submitting the application, a DD Bird team member will review your information and reach out shortly.

TERMS

By applying to be an Affiliate in the DD Bird Affiliate Program, you (“Affiliate”) are agreeing to be bound by the following Terms and Conditions (“Terms”). DD Bird reserves the right to change or update the Terms without notice.

Violation of any of the Terms below will result in the termination of your affiliate account (“Account”) and for forfeiture of any outstanding Affiliate commission payments earned during the violation.

ACCOUNT TERMS

All Affiliates must be 18 years or older to be part of this Program. To be an Affiliate, you must live in the United States and provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Accounts created by bots or other automations are not permitted. An Affiliate login may only be used by the one person signed up and not shared with any other people. One person or legal entity may not maintain more than one Affiliate account.

An Affiliate is responsible for maintaining the security of their account and password. DD Bird cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. The Affiliate is responsible for all Content posted and activity that occurs under their account.

Affiliates may not under any circumstances use the Program for any illegal or unauthorized purpose. Affiliates must not, in the use of the Program, violate any laws in their jurisdiction, including but not limited to copyright laws.

CUSTOMER CODES AND LINKS

Upon application approval, each Affiliate is assigned a unique code and/or link to share with customers. Customer codes are only valid on purchases of $100 or more and cannot be stacked with other discounts, sales, or promotions. Affiliate codes/links should point to the page of the product being promoted. Affiliates are permitted to place links and/or codes on their websites and social media accounts to promote DD Bird product. Affiliates will earn referral fees only with respect to sales on a DD Bird product occurring directly through the link or code provided through the Program. DD Bird is not liable for any failure use the specific link or code provided by the Program by Affiliates of customers who an Affiliate refers. Additionally, DD Bird is not liable for reduced or lost payment/commission that results from not using the correct link/code.

If an Affiliate finds an issue with the link/code they are provided, it is their responsibility to contact DD Bird immediately at hello@myddbird.com to resolve the issue. DD Bird is not liable for loss of referrals, commission, or payments due to technical difficulties and issues.

AFFILIATE DISCOUNT CODE

Affiliates are provided with an Affiliate Discount Code upon application approval. The Affiliate Discount Code can be used by the Affiliate on orders of $100 or more when purchasing DD Bird product for personal use. The Affiliate Discount Code cannot be stacked with other discounts, sales, or promotions. Products purchased with the Affiliate Discount Code can only be used or worn by the Affiliate. Affiliates are strictly prohibited from sharing the Affiliate Discount Code with others.

DD Bird reserves the right to change the discount amount of the Affiliate Discount Code. Should the discount amount change, Affiliates will be notified by email by DD Bird, and a new Affiliate Discount Code will be provided, if necessary.

Unauthorized use of the Affiliate Discount Code, including but not limited to, use by individuals other than the Affiliate or use through commission links may result in order cancellation, disqualifying commission, and termination from the Program.

PHOTOGRAPHY USE RELEASE

Affiliates can use DD Bird photography and images to promote DD Bird product. DD Bird photography, images, and logos may not be used for any other use outside of the Program at any time, and DD Bird maintains copyright. Affiliates can only use DD Bird photography while they have an Account.

Affiliates are encouraged to create their own content and imagery to promote DD Bird. Content that contains inappropriate language or imagery is not permitted and will result in Account termination from the Program. Inappropriate content includes but is not limited to curse words, nudity, harassment, and discrimination of any kind.

DD Bird reserves the right to post, share, and utilize any content created and/or photographed by the Affiliates as a part of the Program on their website, social media and other marketing. The Affiliate agrees to not dispute, make demands, or request damages as a result of DD Bird’s use of their content and photography showing, displaying, discussing or using DD Bird product.

Affiliates should tag DD Bird’s social media account in any posts, stories, articles, and publications made for the Program. In support of Affiliates, DD Bird strives to do the same when sharing Affiliate-generated content.

PROMOTIONAL OPPORTUNITIES

DD Bird sends promotional opportunities by email to Affiliates in the Program. These opportunities include but are not limited to sales and events. Each Affiliate should check to ensure DD Bird emails go to their primary email inbox and not spam. If an Affiliate does not check their email or does not participate in a promotional opportunity, DD Bird is not liable for lost commission and referrals. Some promotional opportunities may be limited to Affiliates in a specific geographic location or locations. Affiliates are not required to participate in every promotional opportunity but are encouraged to.

REFERRAL FEES/COMMISSIONS

Affiliates receive 5 percent commission on Successful Referrals. For a referral to be “Successful Referral”, eligible to earn a referral fee or commission, the customer must click-through the link or code provided to the Affiliate from the Affiliate’s website, email, social media or other communications to myddbird.com and complete an order for a DD Bird product during that session.

DD Bird reserves the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

DD Bird will only pay commissions on links that are automatically tracked and reported by the Program software. Affiliates do not receive commission for Successful Referrals not tracked by the Program. DD Bird can only pay commissions on Successful Referrals generated through properly formatted links/codes provided by the program that are automatically tracked by Program software.

PAYMENTS

The Program utilizes PayPal for payments. Payments to Affiliates are made automatically through PayPal once per month. It is the Affiliate’s responsibility to set up a PayPal account if they do not have an existing account, share their PayPal account when signing up for the Program, and transfer and access any payments made to their PayPal account. DD Bird is not responsible for any Affiliate’s PayPal account including but not limited to forgotten passwords, loss of access, and failure to provide the correct PayPal account to the Program.

NON-DISPARAGEMENT

During the term of in the Program and for one (1) year after it has expired or been terminated, the Affiliate agrees they will not disparage DD Bird, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect DD Bird’s reputation. Under these Terms of Service, “Disparage” includes, but is not limited to, any negative statement, whether written or oral, about DD Bird, its officers, directors, or employees. The Affiliate agrees and acknowledges that this provision is a material term of the Program.

DISCLAIMER

DD Bird makes no guarantees or promises of commission amounts, payment potential, or income through the Program. Each Affiliate is subject to the same commission percentage, and commission can only be earned through the Affiliate’s Successful Referrals. Therefore, payment amounts vary among each Affiliate based on their Successful Referrals.

ASSUMPTION OF RISK

The Affiliate is solely responsible for ensuring their participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. The Affiliate assumes all liability for any claims, suits or grievances filed against them, including, but not limited to, all damages related to participation in the Program.

LEGAL

The Affiliate agrees to comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over them, whether those laws and/or regulations are now in effect or later come into effect during Program participation, including but not limited to anti-spam and email marketing regulations.

RELATIONSHIP OF PARTIES

Affiliates serve as independent contractors, and nothing in this Agreement or Program in general creates an agency, franchise, partnership, sales representative or employment relationship between the Affiliate and DD Bird. The Affiliate has no authority to make or accept any offers or representations on DD Bird’s behalf. The Affiliate will not make any statement that will reasonably contradict anything in this section.

LIMITED LIABILITY

DD Bird is not liable for indirect, special, or consequential damages or any loss of revenue, profits, or data arising in connection with this Agreement or the Program.

TERMINATION

DD Bird, in its sole discretion, reserves the right to terminate Affiliate accounts at any time for any reason. Termination from the Program will result in deactivation or deletion of the Affiliate account and forfeiture and/or relinquishment of any commission earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. DD Bird reserves the right to refuse or deny Affiliate applications for the Program for any reason at any time.