Behrle NYC Affiliate Partner Agreement
This agreement covers the affiliate partners who are accepted into Behrle NYC LLC’s (CarlaDawnBehrleNYC) affiliate sales program.
1) The Partnership:
Affiliate Partners are independent contractors and are not employees of Behrle NYC LLC. Once Accepted, USA based Affiliates must provide a W-9 Form and Overseas Affiliates must provide a W-8BEN form. If the form/s are not received in a timely fashion we are required to withhold a percentage of the affiliates income.
2) Application and Acceptance:
In order to participate in the Affiliate Program, prospective partners need to fill out the registration form on our website. Providing site and social media information and links as well as an outline of how you will promote our products. We may follow up if we need more information to consider your application. Acceptance will be limited initially as we learn the system.
3) How the Program works:
- Once accepted affiliates will be provided assets in the form of links, coupon codes etc. and they will be given a link to their affiliate portal.
- Referrals for Online Orders as well as In-Person Custom-Made Orders are covered in this Program.
- Commissions on all completed orders will be paid to partners for the duration (initially this will be up to 90 days link tracking and 1 year on any recurring sales) of their referrals.
- Lifetime commissions possible.
- Commissions will be paid monthly so long as at least $100 is due.
- Affiliate Partners may also choose commissions to be applied as credit at any time.
4) Product for Original Content Links/referrals:
Because we are a very specialized company making labor intensive couture quality products out of the finest luxury materials we can’t “gift” garments indiscriminately. This type of Affiliate Partnership will be strictly limited and criteria based. It will require guarantees regarding content type and placements. Professional presentation, follower count & audience demographics will all be considered.
Proposals with supporting documentation may be sent to: studio[at]carladawnbehrlenyc[dot]com
5) Non-exclusivity clause:
Behrle NYC LLC is not limited to only working with the individual affiliate partner, and the affiliate partner is still free to promote other businesses and products.
6) Responsibilities:
- Link assets, coupon codes etc. will be provided as needed by Behrle NYC LLC. Assets can be created with your site in mind and are to be placed on your site in accordance with the Terms and conditions within this Agreement.
- We reserve the right to monitor the your site and/social networks to verify you are complying with the terms and conditions of this agreement.
- You are exclusively responsible for the safekeeping of your password and username of your account. You can hold no claims against Behrle NYC LLC if there has been unauthorized use and access to your account.
a: The Affiliate Partner’s Site does not and shall not:
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- Contain any information, which you know is false.
- Contain or transmit any apps or programs that can be downloaded or installed by the customer, without their knowing consent of the exact nature, purpose and function of the app or programs.
- Not use the company’s name in any form of unsolicited communication, including spam.
- Depict anyone under 18.
7) Commission and Payment:
- You will be compensated based upon the Net Sale Price (what a customer pays; after any discounts & before taxes and shipping) on completed transactions.
- Commissions will be offset with respect to each completed transaction for any chargebacks, returns or cancellations. (Never happens but must be noted)
- Because Behrle NYC LLC primarily works on a made-to-order basis, First commission will be paid once order is complete.
- After your 1st completed referral sale, you will not have to wait for a custom order to be completed & deposit commissions will be paid out so long as total due to you is at least $100.
8) Link promotion terms
- Affiliate links are provided for use only on the website and social networks specified by the Affiliate partner in their application. Additional promotions must be requested.
- Promotions must fit with Behrle NYC LLC’s values, no overtly political placements and no adult content placements will be permitted without prior written approval.
- Misuse of an affiliate link will terminate this agreement and affiliate partner will forfeit any future earnings & waive any and all claims.
9) Brand promotion terms
- Messaging guidelines for representing our product will be supplied to each affiliate partner for guidance.
- All artwork, photos, logos provided by Behrle NYC LLC is the property of Behrle NYC LLC and may be used by the affiliate partner only for the duration of this agreement.
- Original content of the affiliate partner remains theirs but may be used/shared by Behrle NYC LLC for the duration of this agreement.
10) Affiliate tracking
- Web Sales tracking on site will be handled by the SolidAffilliate plugin.
- In-Person Sales and referrals will be tracked by name, email or coupon code. Once a customer sale is attributed to your information that customer will remain attributed for any future sales during the term of the agreement.
- Each Affiliate Partner will have access to their own dashboard to keep track of sales and commissions.
11) Confidentiality
- All Customer information as well as prices paid is the sole and exclusive property of the Behrle NYC LLC and must be kept confidential.
- Affiliate Partner previous current & clients shall remain confidential.
- Any other confidential information concerning the disclosing party’s business or its products which the receiving party may obtain in connection with entering into this agreement, shall remain confidential.
- You will not use, copy, publish or make public any confidential information.
- If you are required to disclose any confidential information by virtue of a Law, you are expected to notify Behrle NYC LLC in writing.
12) Termination or suspension
- Partners can be terminated/suspended if there are an inordinate number of spammy, inappropriate or fraudulent purchase attempts.
- Misrepresentation; Failure to comply with the terms of this Agreement; Defamation; Infringement or violation of copyright; All of these will be cause for termination/suspension.
13) Fulfillment
Behrle NYC LLC is solely responsible for the fulfillment of orders. Affiliate partners will have access to the affiliate portal.
14) Limitation of Liability
Behrle NYC LLC will not be liable to the Affiliate, whether in contract, tort, or restitution, or breach of statutory duty, or otherwise.
15) Waiver
You waive any and all claims against the company for the following circumstances:
- The Site is partially or totally inaccessible and unusable; or here are bugs, errors, or virus’s;
- You have been suspended or terminated by the Company;
- A claim has been made to change this Agreement by the Company.
- Withholding of an owed fee due;
16) Governing Law and Jurisdiction
This Agreement, and any other claim arising from it, shall be governed, and construed in accordance with the laws of the State of New York.
17) Dispute Resolution
Any dispute you raise shall be as an individual only. Each party irrevocably and unconditionally waives, any right it may have to a trial by Jury in any legal action, proceeding, cause of action or counterclaim arising out of or relating to this Agreement.
Any dispute arising from this Agreement shall be resolved through:
- Mediation: Either party may initiate mediation by completing the necessary steps required.
- Arbitration: Arbitration shall be final and binding to both parties. In any arbitration arising out of this Agreement, the arbitrator shall award to the prevailing party, any legal fees incurred by the prevailing party that may arise from the Arbitration. Both parties are expected to keep the nature of the Arbitration confidential, except where is necessary in Law.
- Mediation then Arbitration: If the dispute cannot be settled by mediation, the dispute shall be settled exclusively by Arbitration as detailed in clause
As of 2/16/2024 and subject to change.
Please contact us here with any questions.
