|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
|Base commission||10.00% Product specific|
|Additional terms||Bidding on any Mohawk Group branded terms is strictly forbidden. Mohawk Group reserves the right to deny and/or claw back any conversion resulting from any unauthorized keyword bidding.|
MOHAWK GROUP HOLDINGS, INC.
AFFILIATE PROGRAM AGREEMENT
PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT (THE “AGREEMENT”) CAREFULLY.
This Mohawk Group Affiliate Program Agreement (the “Agreement”), is made by and between You, your agents, your affiliates or sub-affiliates (“You” “Your” or “Affiliate”) and the Mohawk Group Holdings, Inc. (“Mohawk” “We” or “Our”). By participating in the Mohawk Group Affiliate Marketing Program (the “Program”), You agree to be bound and abide by the terms and conditions of this Agreement.
1. REGISTRATION AND ACCOUNT
1.1 Eligibility. To participate in the program, You must (i) be at least 18 years old or the age of majority where You reside; (ii) if you are under 18 or the age of majority in Your jurisdiction, have the consent of the parent or guardian and they agree to be bound by the terms of this agreement; or (ii) have the full right and authority to enter into, execute, and perform the obligations under this Agreement.
1.2 Refersion Account. For participants in the Program through the Refersion platform, You are required to create a Refersion Account for tracking and reporting purposes. You are solely responsible for, without limitation, (i) maintaining Your account; (ii) all activity on Your account; and (ii) any loss, theft, or unauthorized disclosure of Your account information. You are encouraged to review the Refersion terms of service prior to opening an account.
1.3 Amazon Attribution. For participants in the Program through the Amazon Attribution program, You are solely responsible for, without limitation, (i) maintaining Your account; (ii) all activity on Your account; and (ii) any loss, theft, or unauthorized disclosure of Your account information. You are encouraged to review the Amazon Attribution terms and conditions prior to opening an account.
1.4 Accurate Information. You must provide accurate and truthful information and are solely responsible for maintaining complete and accurate information about You, including Your payment and tax information, contact information, etc. We are entitled to rely on any and all such information, and are not responsible for any misrepresentations, errors, omissions, or inaccuracies made by You.
2. THE PROGRAM
2.1 Qualifying Transactions. You may be eligible for a commission on purchases made by end users pursuant to the applicable Fee Schedule (“Qualifying Transaction”). We reserve the right to review and disqualify any Qualifying Transactions, including but not limited to, diluting, tarnishing, blurring or adversely affecting Mohawk’s proprietary rights (“Abuse”) of our brand or false advertising.
2.2 Tracking. For Mohawk to track Qualifying Transactions, You must include and maintain the original link provided to You by Mohawk within Your buttons, banners, widgets, text, website, social media, or other creative content (“Promotional Materials”) You use to promote Mohawk brands and products, and may not modify, amend, or change the tracking code provided to You. Although Mohawk strives to track all Qualifying Transactions accurately, there may be instances where We fail to track all Qualifying
Transactions. In such instances, We shall exercise best efforts to determine the discrepancies between intended and actual Qualifying Transactions and resolve the discrepancies.
2.3 Reporting. Mohawk reserves the right to review and validate all Qualifying Transactions. For Affiliates on the Amazon Attribution platform, reports will be provided on a monthly basis for review. Reporting is not available on a real-time basis and may be subject to delay. Mohawk Transaction Reports are the sole and definitive measure of Our payment obligations.
2.4 Changes to Commissions. We reserve the right to change the applicable Fee Schedule or Program details with respect to Qualifying transactions at our discretion. Notice of any changes will be provided at least (48) hours before effective.
2.5 Link Promotion. Affiliates must use the custom URL or UTM parameters provided by Mohawk in your Promotional Materials. Mohawk reserves the right to refuse commissions to, or terminate this Agreement with, any Affiliate that does not have the proper UTM or link parameters without notice.
2.6 Product Discounts. You may not offer any discounts or coupons or make any representations with respect to our products without our prior express written approval.
2.7 Mohawk Trademarks. Accepted Program participants will be granted a non-exclusive, non-transferable, limited license to publicly display the Mohawk Group name, trademarks and logos on Your Promotional Materials solely for the purpose of marketing Our products. The Mohawk Group name, marks and logos are the sole property of Mohawk and are protected by trademark and copyright law.
2.8 Prohibited Use. You may not place the Program [link, banner or logo] on any website that (i) contains sexually explicit materials; (ii) promotes violence, discrimination or illegal activities; (iii) infringes the copyright, trademark, trade secret or other intellectual property rights of others; (iv) violates the privacy or publicity or other personal rights of others; (v) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive or hateful; or (vi) violates applicable laws, as determined by Mohawk in our sole discretion.
2.9 Use of Pay-Per-Click (“PPC”). PPC campaigns that send people directly to the affiliate’s mohawkgp.com affiliate link are NOT allowed. Only Affiliate PPC campaigns that direct traffic to the Affiliate’s own website or content is allowable. Under no circumstances can Affiliate use PPC to drive traffic to any of Mohawk Group’s trademarks or branded terms, including but not limited to (i) mohawkgp.com; (ii) Mohawk Group; (iii) any variations, misspellings, or derivatives of our trade name or domain keywords. In the event that Mohawk Group becomes aware of any unethical behavior, tactics or violations to this requirement, the Affiliate will be immediately banned from the Program. We reserve the right to expel any violator from the Program at any time following the first occurrence of a violation of this provision.
2.10 Privacy and Data. Mohawk may retain limited information about You or Qualifying Transactions for the purpose of providing or maintaining Program services, and will not share, sell, disclose or otherwise provide such information to any third party, except as may be provided for in this Agreement, for as long as reasonably necessary to provide Program service. Mohawk will use industry standard measures to protect against unauthorized access to, disclosure or use of such information and will comply with all applicable laws and regulations relating to the protection and privacy of personally identifiable information.
2.11 Third-Party Links and Information. Mohawk may use or contain links to third-party materials, sites, information, products, or applications (collectively “Third Party Services”) that are not owned or controlled by Mohawk. We do not assume any responsibility for any such Third Party Services. If you access a Third Party Service or share your information on or through any Third Party Service you do so at your own risk, and you understand that You should review and agree to any agreements and or
policies of these Third Party Services. You expressly relieve Mohawk from any and all liability arising from your use of any Third
Party Services. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services from the Program. We are not liable to you for any such suspension, disabling or removal.
3.1 Timing. Commission payments on positive account balances, that exceed the minimum account balance of $100 USD, will be paid on a monthly basis, and may be subject to Your approval. The number or amount of transactions, credits for payments and debits for non-payment, withholding, or reversals as calculated by Mohawk shall be final and binding on You.
3.2 Form of Payment. Payments will be made in United States dollars to the Account specified in Your Application.
3.3 Taxes. You are responsible for any taxes that may be due in connection with your participation in the Program or otherwise. Mohawk does not pay additional compensation to you for taxes. If the withholding of any tax is required in respect of any payment
to you, Mohawk will (1) withhold the applicable amount from such payment and (2) pay such amount to the relevant authorities in accordance with any Applicable Law in the relevant jurisdiction(s). You agree to complete and provide to us or to the applicable taxing authority such forms, certifications or other documents as may be reasonably requested by Mohawk, to reduce or exempt withholding taxes with respect to payments made to you when and where required by law. If it is later determined that Mohawk should have withheld and/or paid additional tax but did not withhold or pay such tax, then you shall pay the applicable tax and hold Mohawk harmless from any penalties or interest thereon.
3.4 Non-Payment, Withholding, Reversal and Chargebacks. We shall have no duty to pay You for Qualifying Transactions during any current or previous month, due to (i) order cancellations or returns; (ii) erroneous order duplications or errors; (iii) non-bona fide transactions or other fraudulent activity; (iv) orders we reject or cannot fill; or (v) Your failure to comply with the terms of this agreement.
4.1 Termination. Either party may terminate this Agreement at any time. After termination, You will remain entitled to payment for any commissions that accrue or have accrued for referrals made prior to termination subject to the payment terms in Section 3. You will disable all links and discontinue any use of the Mohawk brand names, trademarks, or logos.
4.2. Termination by Mohawk. We may terminate this Agreement or Your participation in the Program at any time in our sole discretion, with or without cause. Termination of this Agreement for cause may include, but is not limited to (i) improper use of Program Materials; (ii) Abuse; or (ii) deceptive practices or false advertising.
4.3. Termination of Programs. Programs may be discontinued at any time at our discretion
5. REPRESENTATIONS, WARRANTIES, AND DISCLAIMER OF WARRANTIES
5.1 From Affiliate. You represent and warrant that (i) You have the full right and authority to enter into, execute, and perform Your obligations under this Agreement, or are an entity authorized to do business pursuant to applicable law on behalf of Your company; (ii) You accurately identified Yourself and have not provided any inaccurate information; (iii) You are and shall be in full compliance with all laws, regulations, and best practices applicable to You; or (iv) You have all appropriate rights and authorities to operate and provide content in your Promotional Materials, and use any trade names or trademarks or other intellectual property applicable to you, do not and shall not infringe upon the any third party’s or Mohawk’s intellectual property rights.
5.2 From Mohawk. Mohawk represents and warrants that it is the owner of the Program, or the recipient of a valid license thereto, and that it has and will maintain the full power and authority to grant the rights under this Agreement without the further consent of any third party.
5.3 Warranty Disclaimers. EXCEPT AS SET FORTH IN THIS AGREEMENT, MOHAWK MAKES NO OTHER REPRESENTATION OR WARRANTY, WRITTEN OR ORAL, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
5.4 Liability Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM, EVEN IF FORESEEABLE, OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE FOREGOING PROVISION(S), MOHAWK’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE.
5.5 Dollar Cap. THE TOTAL LIABILITY OF MOHAWK AND ITS AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS (EACH A “RELEASED PARTY”) FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM WILL NOT EXCEED ONE DOLLAR ($1.00).
6. INDEMNITY AND RELEASE
6.1 You shall defend, indemnify, hold harmless, and release Mohawk and each Released Party against any third party claims, suit, or proceedings arising out of or related to Your alleged or actual use or misuse of the Program whether direct or indirect (“Indemnified Claim”), including without limitation, (i) suits or proceedings directly resulting from Your infringing the intellectual
property or other rights held by a third party; (ii) claims that Your use of the Program harasses, defames, or defrauds a third party; or (iv) violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 or any other law or restriction on electronic advertising.
6.2 California Civil Code §1542. If You are a California resident, You are aware of, and understand, the provisions of California Civil Code Section 1542 (”Section 1542”), which provides: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You expressly, knowingly, and intentionally waive any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.
7.1 Choice of Law & Jurisdiction. This Agreement will be governed by and construed under the laws of the State of New York, without giving effect to (i) conflicts of law principles that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (ii) the United Nations Convention on Contracts for the International Sale of Goods; or (iii) any other international laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of New York County, New York.
7.2 Assignment & Successors. You may not assign this Agreement or any of its rights or obligations hereunder without Mohawk’s express written consent. Should we agree to assignment, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.
7.3 Severability. If any provision of this Agreement is held to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by law, and the remaining provisions of this Agreement will continue in full force and effect.
7.4 Waiver. A waiver of any breach of any provision under this Agreement by any Party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.
7.5 Amendment. This Agreement may be amended unilaterally by Mohawk at any time by notice to the e-mail address noted in Your account or Application. Mohawk may revise this Agreement from time to time by posting a new version online; any such new version will become effective on the date it is posted.
Mohawk Group’s analysis of data helps Customers optimize their business performance acrosstheir E-commerce channels. Mohawk Group offers a variety of data points, analytics andactionable insights, providing Customers with a better understanding of their performance,competition, risks and potential in growing their business. Mohawk Group also provides pricingand inventory solutions. For pricing, Mohawk Group continuously monitors the competitivelandscape around Customers’ products, and provides information on optimal pricing andaggressiveness based on numerous considerations given the product, competitors andbusiness goals. For inventory, Mohawk Group provides insights and recommendations relatedto replenishment of the Customer’s inventory.
We may collect and store Personal Information and/or Sensitive Information that is voluntarily provided to us by a Customer or other individual. When information is provided to us by a Customer, the Customer affirms that it has the right to provide the information to us. Information we collect and store may include Customer name, email address, phone number, and other information about the Customer’s business. Additionally, Customers typically provide End-Client information including name, email address, and shipping address, as well as the quantity and price of specific goods that the End-Client purchased from the Customer’s E-commerce store(s). We use this information to help Customers optimize their business performance, and for other business purposes. We encrypt and/or hash all Customer and End-Client passwords.
If a Customer or other individual contacts us via telephone, e-mail, fax, the postal service, our web page, through social media, or in any other way, we may retain the correspondence and the information it contains. This information may be used to respond to the inquiry, notify the Customer or other individual of Mohawk Group-related opportunities, for marketing purposes, or for other business purposes. If an individual or Customer communicates with us but does not wish to receive notifications about Mohawk Group-related opportunities, or otherwise wants to restrict the use of information provided to us, we ask that the individual or Customer please send us an e-mail or write to us at the address listed below.
We may combine information that a Customer or other individual provides to us with other information about an individual from other sources, such as vendors, service providers, business partners, health care providers, and other third partners, transactions, and communications. We also may combine that information with data that is publicly available and data from third parties. This information may be used to provide an individual or Customer with information that may be of interest to the individual or Customer. If an individual or Customer does not wish to receive these notifications, we ask that the individual or Customer please send us an e-mail or write to us at the address listed below.
We may collect Personal Information about other people that an individual or any Customer provides to us, such as name and email address.
We automatically collect information about everyone who visits our Website. This includes log data that automatically records information about each visit, such as browser type, operating system, the URL of the page that referred the person visiting our Website, the different actions performed, and the IP address used to access pages on the Website. We use this information to administer the Website, analyze trends, provide an experience that is relevant to the person visiting our Website based on location of the IP address used to access the Website, gather information about visitor movements, help diagnose potential problems with our server, investigate actual or potential security incidents, and ensure the Website is working properly. We also automatically collect information related to operating system name and version, device manufacturer and model, device identifier, language, the name and version of the software application that is used to access our Website. We use this information for purposes such as ensuring that our Website functions properly and to understand usage of our Website.
We may assign a device accessing our Website with one or more cookies to facilitate access to our Website, and to personalize the online experience. A cookie is a small text file that is stored on a user’s computer or mobile device for record keeping purposes. Cookies can be either session cookies or persistent cookies. We may use both session cookies (which expire once an individual closes their browser) and persistent cookies (which stay on devices until the individual deletes them) to provide a more personal and interactive experience on our Website. These cookies may be delivered by us or by third parties.
We also work with other companies who use tracking technologies to serve ads on our behalf across the Internet. These companies may collect information about interactions with us to present individuals who access our Website with opportunities to purchase Mohawk Group products. Retargeting cookies also are used to present individuals who access our Website with Mohawk Group advertising on other websites based on their interaction on our Website and other websites.
Some browsers have a “Do Not Track” feature that lets an individual tell web sites that the individual does not want to have their online activities tracked. These features are not yet uniform, and we currently are not able to respond to those signals.
We do not reveal Personal Information, Protected Health Information or Sensitive Personal Information to third parties except in the following circumstances:
We may transfer information to our agents, third parties, or service providers to conduct our business. For example, third parties and service providers working with us may handle credit card processing, shipping, customer service, data management, e-mail distribution, market research, information analysis, promotions management, social media marketing, and similar services. We may use cloud service providers to host Website and store data, and these service providers inform us that they apply security measures they consider adequate for the protection of the information within their system.
We are committed to taking reasonable efforts to secure the information that is provided to us, and we use a variety of security technologies and procedures to help protect against unauthorized access to or alteration, disclosure, or destruction of data. Even though we take reasonable steps to secure your information, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot fully guarantee the security of information that is provided to us. Questions about the security of information provided to us, including the security of our Website, should be directed to us by sending us an email or writing to us at the address listed below, indicating “Security Inquiry” in the subject line.
California residents have the right to ask us one time each year if we have shared their personal information with third parties for direct marketing purposes. To make a request, please email us or write to us at the address listed below, and indicating “California Shine the Light Inquiry” in the subject line.
We may use "cookies" to track your preferences and activities on mohawkgp.com and other websites controlled by Mohawk Group, Inc., its affiliates, and business partners. Cookies are small data files transferred to your computer's hard drive by a website. They keep a record of your preferences so that your subsequent visits to the website may be more efficient and/or customized.
Strictly necessary cookies allow core website functionality such as user login and account management. The website cannot be used properly without strictly necessary cookies.
Performance cookies are used to see how visitors use the website, eg. analytics cookies. Those cookies cannot be used to directly identify a certain visitor.
Targeting cookies are used to identify visitors between different websites, eg. content partners, banner networks. Those cookies may be used by companies to build a profile of visitor interests or show relevant ads on other websites.
Functionality cookies are used to remember visitor information on the website, eg. language, timezone, enhanced content.
Unclassified cookies are cookies that do not belong to any other category or are in the process of categorization.
Our services are not intended for use by or targeted at children under 13, and we do not knowingly or intentionally collect information about children under 13. We may provide links to third-party websites that allow children under the age of 13 to register for use of the website, or are targeted at children under 13. In such instances, the third-parties are responsible for ensuring that their websites comply with applicable laws, regulations, and rules.
Visitors to our Website have choices about how we use and disclose your Personal Information, Sensitive Personal Information, and PHI in connection with marketing efforts. For example, we will not use or share your PHI for marketing purposes unless you opt in. You may unsubscribe from our other marketing communications by sending us an e-mail at the address listed below. For California residents, please consult the “Your Privacy Rights” section above for additional considerations.
If you have previously opted in to the use and sharing of your information for marketing purposes, and wish to change your preferences, you may do so by sending an e-mail at the address listed below. Please note that if we receive your opt out request after having shared your information with a third party for direct marketing purposes or having otherwise transferred or disposed of your information, we may not have the ability to control the use of such information by any third party. If you opt out of receiving marketing-related messages from us, we still may send you service-related communications.
We retain Personal Information, Sensitive Personal Information, and PHI as long as we consider it potentially useful for business purposes. We also keep information as otherwise required by law.
You can update or correct your information, or remove it from our system by making a request to us at the contact information provided below. If for some reason access is denied, we will provide an explanation of why access has been denied.