Affiliate Program Terms
Last Modified: January 03, 2025
PLEASE TAKE A MOMENT TO READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
1. Application of Terms
These Affiliate Program Terms (“Terms”) form a legally binding agreement between StickerJunkie.com, Inc. and its affiliates, officers, directors, employees, agents, and licensors (collectively, “StickerJunkie”, “we," "us”, “our”) and its affiliate (“Affiliate”, “you” “your”) regarding your participation in the StickerJunkie Affiliate Program (the “Program”). The Program is owned and operated by StickerJunkie and offered through its website at www.stickerjunkie.com and https://homies.stickerjunkie.com/ (collectively, the “Website”).
By applying to be an Affiliate in the Program and participating in the Program, you agree that you have read and understood, and agree to be bound by, the Terms and any additional terms and policies incorporated herein, including without limitation, our Terms of Service and Privacy Policy. All of StickerJunkie’s decisions with respect to the Program and Terms are final and binding. If you do not agree with the Terms, do not use the Program.
2. Eligibility
A potential Affiliate that is an individual (i.e., not a company) must be at least eighteen (18) years of age to participate in the Program. No Affiliate may submit to StickerJunkie, or collect on its behalf, any personal information of children under thirteen (13) years of age. If the potential Affiliate is a company, you certify to us that you are an officer of the company or you are otherwise authorized to act on its behalf.
One person or legal entity may not maintain more than one Affiliate Account on our Website. Further, you are responsible for all activity that occurs under your Affiliate Account (even if activity is performed by others that work for you or who have permission to use your Affiliate Account).
3. Enrollment
To enroll in the Program as a potential Affiliate, you must complete and submit the online application form located at https://homies.stickerjunkie.com/register and create an Affiliate account (“Affiliate Account”). All information provided by a potential Affiliate to register for an Affiliate Account and participate in the Program must be accurate and current.
StickerJunkie will manually evaluate each application and notify the potential Affiliate of their acceptance or rejection into the Program. We reserve the right to reject any application for any reason. We also reserve the right to limit or terminate access to or participation in the Program for an Affiliate at any time. However we encourage you to contact us if you feel we have made an incorrect decision regarding your participation in the Program.
4. Referral Process
“New Customer” (New Customer(s) plural) means any person/business that has not previously signed up to receive notifications from StickerJunkie or has not previously purchased any products or services from us. Once you have been accepted into the Program as an Affiliate, you will have access to a personal dashboard (“Dashboard”), where you can track and manage your commission payments.
You will be assigned a cookie-enabled URL (“Affiliate Link”) that you can use to invite New Customer(s) to purchase our products and services. You may also be given a unique discount code (“Affiliate Coupon”) that you can send to New Customer(s) to use at checkout on our Website. Your Affiliate Link and/or Affiliate Coupon can be accessed and managed through the Dashboard. You are permitted to use the Affiliate Link and/or Affiliate Coupon on your website, social media, emails, or any other suitable form of communication, subject to your compliance with the endorsement guideline disclosures set forth by the Federal Trade Commission (“FTC”) and the Terms.
You must ensure that your Affiliate Link and/or Affiliate Coupon are operable and set up correctly when being used. StickerJunkie is not responsible for an Affiliate not receiving commission payments due to the Affiliate failing to confirm the operability of an Affiliate Link and/or Affiliate Coupon, or incorrectly formatting or configuring the same.
We use a cookie to track New Customer(s) who have clicked on your Affiliate Link. When an Affiliate Link is opened, the cookie file is saved in the browser's cache for thirty (30) days. New Customers need to place an order from our Website during this time period to be tracked as being referred by you.
5. Payments
StickerJunkie will pay Affiliate a ten percent (10%) commission of the sale(s) made by StickerJunkie to New Customer during a period of two (2) years from the date a New Customer is first tracked by us as being referred by Affiliate.
For the purposes of calculating commission payments, shipping fees, rush production fees, and promotional discounts, will be subtracted from the value of the sale(s) made to New Customer.
Commissions payments will be paid to an Affiliate by the tenth (10th) day of the month following the order(s) made by the New Customer (i.e., payment by February 10th for an order placed in January; payment by March 10th for an order placed in February, etc.). Payments are made on an automatic monthly basis through a third-party payment service (“TPPS”), such as PayPal. You must have an account with the applicable TPPS in order to receive commission payments.
Note: StickerJunkie is in no way affiliated with any TPPS. As such, we are not responsible for any changes to, or the unavailability of, any TPPS that interferes with the Program (including any limitations or restrictions on Affiliate’s ability to use a TPPS to receive commission payments) or Affiliate’s ability to log into a TPPS, receive notices from, or communicate with, StickerJunkie through a TPPS. It is Affiliate’s responsibility to configure their/its TPPS accounts as appropriate to comply with the Terms, accept transactions/communications from StickerJunkie, and allow commission payments to be delivered. It is also an Affiliate’s responsibility to timely check their/its TPPS accounts for messages from StickerJunkie regarding the Program.
6. Restrictions
A. StickerJunkie, in its sole discretion, reserves the right to suspend and/or terminate your participation in the Program and/or void commissions earned through activity that violates the Terms. We will endeavor to work with an Affiliate prior to instituting a ban/void. However, we reserve the right to eliminate any violator from our Program and void commission earnings without prior notice, and on the first occurrence of such prohibited behavior.
B. We don't approve self-referrals - you cannot refer yourself, and you will not earn commission on sales made to other companies owned by you.
C. Commissions can not be earned on orders for sample products.
D. In the event that the New Customer's order is canceled, returned, or refunded for any reason (including via a chargeback), we will deduct the order amount from your accrued commission earnings. If a refund is made on an order after we have already paid you a commission on that order, we will deduct that amount from any future commissions you earn through the Program. Any such deductions will be noted in the Dashboard.
E. Commission payments earned are personal to each Affiliate and may not be sold, transferred, assigned to, or shared with, any other Affiliate and/or any third parties.
F. If a New Customer doesn't allow cookies or clears their cookies after clicking your Affiliate Link, we cannot track that New Customer as your referral. As such, we will not pay you a commission on any purchases made by that New Customer, unless the New Customer uses your Affiliate Coupon.
G. StickerJunkie reserves the right to deactivate an incomplete Affiliate Account or Affiliate Account that has been inactive for extended periods of time. To the extent an Affiliate Account is deactivated, any remaining accumulated commission payments for that Affiliate will be paid out as set forth above.
H. Advertising: Affiliate agrees to link, and refer New Customer(s), to the Website as follows:
i. You must exclusively use the tools and materials provided by StickerJunkie to direct New Customer(s) to the Website and may not alter same;
ii. You are forbidden from creating or designing your website, social media, and marketing communications in a manner which copies, frames, or resembles the Website or which leads New Customer(s) to believe you are StickerJunkie;
iii. You must not use the term “StickerJunkie” (or any misspelling or variation thereof, or mark confusingly similar thereto) to redirect traffic to a page on your website or the Website without written approval from StickerJunkie;
iv. You must not establish web domains, sub-domains, social network profiles, or profile/display names containing the term “StickerJunkie” (or any misspelling or variation thereof, or mark confusingly similar thereto);
v. You must not bid on any keywords or keyword phrases that include the term “StickerJunkie” (or any misspelling or variation thereof, or marks confusingly similar thereto), in any format in any pay per click (PPC) search engine;
vi. You must not engage in cookie stuffing or include pop-ups, false, or misleading links on your website, social media, and communications;
vii. You must not use any misleading or deceptive claims in your advertising copy;
viii. You are solely responsible for following all federal, state, and local laws, regulations, and rules regarding advertising claims, including FTC Disclosure Guidelines; and
ix. You must adhere to any editorial guidelines and search advertising terms set forth by any search engine you use (ex: Google). To the extent any search engine guidelines/terms and the Terms conflict, you must follow the Terms.
I. Affiliate may not use the Program to:
i. Infringe upon (or encourage infringement of) StickerJunkie’s or any anyone else’s intellectual property, publicity, privacy, or other rights;
ii. Violate any law, rule or regulation (including laws governing marketing and affiliate communications, data privacy and security regulations, and anti-bribery and anti-corruption laws);
iii. Feature any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials;
iv. Use any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data, or personal information;
v. Use software or technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons;
vi. Make any representations or warranties concerning StickerJunkie’s products or services, except as directly publicized by StickerJunkie;
vii. Engage in Spam or sending unsolicited communications;
viii. Use any statements that denigrate or disparage the reputation of StickerJunkie or its products or services; or
ix. Publish or link to the Website from adult, gambling or offensive websites.
J. Affiliate understands and agrees that the list of prohibited activities in this section are not exhaustive. Any attempt by Affiliate to undermine the legitimate operation of the Program and Website may be a violation of criminal and civil law, and, should such an attempt be made, StickerJunkie reserves the right to seek damages from any Affiliate to the fullest extent permitted by law.
7. Term, Termination, and Modification
These Terms shall remain in full force and effect for the whole time during which you participate in the Program. The termination of your participation in the Program will not relieve you of any liability arising from any breach of these Terms occurring prior to such termination.
StickerJunkie reserves the right to change, modify, suspend, or discontinue any part or all of the Program at any time. We may also impose limits on certain features, or restrict an Affiliate’s access to part or all, of the Program without notice or liability. We will notify you of any material changes we make to the Program and the Terms, but Affiliate is responsible for reviewing any such modifications. Continued use of the Program by the Affiliate constitutes acceptance of the Terms and Program as modified.
If an Affiliate wishes to be removed from the Program, they can do so by deactivating their Affiliate Account by contacting us at: support@stickerjunkie.com.
Immediately upon Affiliate ceasing to participate in the Program, all licenses granted to Affiliate hereunder shall immediately terminate, and you will immediately cease i) using, and remove all links to the Website, and ii) use of all using any trade names, trademarks, service marks, logos and other intellectual property belonging to StickerJunkie; and iii) disable any Affiliate Link and/or Affiliate Coupon connecting to the Website.
8. Limitation of Liability and Indemnification
Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to you. To the extent they do apply to you:
StickerJunkie will not be liable to an Affiliate with respect to any subject matter of these Terms under any theory of liability for any indirect, incidental, consequential, special, or exemplary damages (including without limitation loss of revenue, goodwill, or anticipated profits), even if StickerJunkie has been advised of the possibility of such damages. Further, in no event shall StickerJunkie’s aggregate liability with respect to the Program exceed the total commissions paid or owed to an Affiliate pursuant to the Terms. Any claim made against StickerJunkie regarding the Program must be brought within one (1) year of the date of accrual, or shall be forever barred.
Affiliate agrees to indemnify, defend, and hold harmless StickerJunkie from and against all claims and demands, including but not limited to attorneys' fees, in any way related to Affiliate’s use of the Program or violation of these Terms, any law, or the rights of any third party.
9. Release
Affiliate hereby fully and forever releases and discharges StickerJunkie from any and all claims or causes of action Affiliate may have for damages relating in any way to Affiliate’s use of the Program.
10. Governing Law
The Terms and the Program shall be governed by, and construed in accordance with, the laws of the State of California, without regard to choice of law provisions. The Terms and Program shall also be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.
11. Dispute Resolution, Arbitration, Class Action Waiver
If any claim or controversy arising out of, or in any way connected with, the Program occurs between Affiliate and StickerJunkie, the parties shall attempt to resolve it through good faith negotiation. To the extent such negotiations are unsuccessful, it shall be resolved by binding arbitration unless otherwise required by law. The arbitration shall be conducted in the English language and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Procedures (“AAA Rules”) then in effect. The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in California, and arbitration will take place in San Diego, CA or via teleconference (at the discretion of StickerJunkie). Affiliate consents to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to forum and venue articulated above. Any demand for arbitration must be filed within one (1) year of the date of accrual, or shall be forever barred.
TO THE FULLEST EXTENT PERMITTED BY LAW, AFFILIATE KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ALL RIGHTS TO A TRIAL BY JURY TO RESOLVE ANY CLAIMS AND CONTROVERSIES RELATED TO THEIR PARTICIPATION IN THE PROGRAM.
FURTHER, AFFILIATE KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
12. Miscellaneous
A. No Warranties: We make no express or implied warranties or representations of any kind with respect to the Program and Website, or any products or services sold by StickerJunkie, including that they will i) be uninterrupted, timely, secure, or error-free; and ii) meet Affiliate/New Customer(s) expectations, and we will not be liable for the consequences of such. Affiliate understands and agrees that use of the Program, Website, and products and services sold by StickerJunkie is at Affiliate’s sole risk, and the Program, Website, and products and services are being provided by StickerJunkie on an “as is” and “as available” basis.
B. Data Privacy:
a. StickerJunkie will handle any personal information submitted by Affiliate in connection with the Program in accordance with our Privacy Policy. We need to collect your personal information in order to communicate with you about the Program, track your referrals, pay you commissions, and administer the Program.
b. We will not communicate with or collect personal information on any New Customer unless and until the New Customer sign(s) up to receive communications from StickerJunkie, interacts with the Website, or makes a purchase from StickerJunkie.
c. All customer information is the sole and exclusive property of StickerJunkie and the respective customer. Affiliate does not have any right to receive any of New Customer’s personal information from StickerJunkie.
C. Intellectual Property:
a. Affiliate acknowledges and agrees that (i) all material on the Website, and any trademarked and copyrighted material provided to Affiliate by StickerJunkie as part of the Program are exclusively owned by StickerJunkie or third parties and may not be altered by Affiliate; (ii) Affiliate is not authorized to use any trademarks, copyrighted material, names, logos, or other intellectual property owned by StickerJunkie other than the materials provided to Affiliate while participating in the Program; and (iii) Affiliate will not participate in or encourage any activity that diminishes or tarnishes StickerJunkie’s trademarks.
b. Affiliate hereby grants to StickerJunkie a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, prepare derivative works of, and display the following to market the Program and the Website:
i. Any text, photos, images, graphics, videos, comments, and/or other content Affiliate has uploaded to the Website (“User Content”); and
ii. Affiliate’s website and social media postings, and any content contained therein, which have been created by Affiliate to promote the Program (“Affiliate Ad Content”), including the name, image, and likeness of any person that appears in the User Content and/or Affiliate Ad Content.
D. Confidential Information: While participating in the Program, Affiliate may receive or become privy to Confidential Information. "Confidential Information" means any non-public, proprietary information belonging to StickerJunkie, including but not limited to business practices, pricing, and prospective and current customer information. Affiliate agrees to maintain all Confidential Information in strict confidence and only use it as necessary in connection with participating in the Program. Affiliate agrees to keep confidential the names and contact information of any StickerJunkie customers, including New Customers.
E. Independent Contractor: Affiliate is strictly an independent contractor and not an employee, agent, or partner of StickerJunkie. You have no authority to make or accept any offers or representations on our behalf. In making commission payments to you, StickerJunkie is also not acting as a payment processor (the Program is merely being used to sell our goods and services). Affiliate is responsible for paying any applicable taxes, if any, due to taxing authorities, arising from or in connection with, receipt of any commission payments, and shall cooperate with StickerJunkie by providing all required tax information. To the extent StickerJunkie pays Affiliate $600 or more in Commissions in a calendar year, you will need to fill out a W-9 so we can issue you a 1099 or other appropriate tax document.
F. Entire Agreement: These Terms constitute the entire agreement between Affiliate and StickerJunkie with respect to the Program.
G. Waiver: StickerJunkie’s failure to enforce or exercise any right or provision of the Terms shall not constitute a waiver of such right or provision, or StickerJunkie’s right to subsequently enforce any such rights or provision.
H. Severability: The invalidity of one or more provisions of the Terms shall not affect the remaining portions of the Terms.
