AGREEMENT

SWWM INC. AFFILIATE PROGRAM AGREEMENT

This Affiliate Program Agreement is made and entered into as of the date entered at the signature line.

 

“Affiliate” is an individual or business and by their own action or the action of SWWM INC., generates a visitor to one of our retail swimwear sites that results in a completed sale (conversion) and thus rewarded in the form of a monetary commission.

AFFILIATE RESPONSIBILITIES:

  • It is understood that Affiliate will be given SWWMINC brand line swimwear free of cost, including shipping.
  • It is understood that you will promote the SWWMINC brand line swimwear given to you.
  • It is understood that you will submit to SWWMINC at least 30 digital photographs of you wearing the swimwear.
  • Affiliate is encouraged, but not required, to submit short videos of Affiliate engaged in an activity conducive to swimwear.
  • and/or artistic
  • This promotion can be done by both online and offline activities.
  • Promotion must be done in both a lawful and SWWMINC accepted manner.
  • All promotion to your current and prospective customers should comply with all laws as well those that govern email marketing and anti-spam laws.
  • Affiliate is encouraged to place Affiliate photos with Affiliate links on her website.
  • Affiliate is encouraged to place Affiliate photos with Affiliate links on all, relevant social media sites where Affiliate has an active profile.
  • All photographs must be approved by SWWMINC prior to having them displayed by Affiliate.

 

TERMS OF THE AGREEMENT:

  • This is a non-exclusive agreement. Affiliate is free to promote other products, including swimwear, from any other company they choose.
  • The terms outlined here for CONFIDENTIALITY and NON-DISCLOSURE are always in affect.
  • SWWMINC will give Affiliate, SWWMINC brand line swimwear in exchange for Affiliates promotional efforts.
  • Affiliate will provide to SWWMINC relevant promotional material, of good quality and in a timely manner.
  • SWWMINC will pay Affiliate a commission on all completed sales per customer originating or referred using your affiliate code and according to the designated payment schedule and less shipping, when applicable.
  • SWWMINC will pay you a commission on all RECURRING sales per customer originating or referred using your affiliate code and according to the designated payment schedule.
  • Affiliate must disclose and display that they are an Affiliate and will receive a commission on sales generated through their activities. AFFILIATE DISCLOSURES ARE NOW AN FCC MANDATED LAW. PLEASE COMPLY.
  • This Affiliate Program Agreement is considered valid only after approval from SWWMINC.
  • Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
  • Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
  • This Affiliate Program Agreement will begin only after an invitation from SWWMINC, an acceptance from SWWMINC, your acceptance of the Affiliate Program Agreement terms through a digitally signed Affiliate Program Agreement and all Registration information is complete, in-place and functional.
  • Affiliate will not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age and/or promote illegal activities or intend to harass or defame anyone.
  • Affiliate will not submit to SWWMINC and/or post photographs of Affiliate wearing our swimwear that display nudity with nipples and/or genitals exposed, sexual content that’s beyond “sexy”, photographs with men or children, implied death, drowning, political and/or religious backgrounds, locations, signs or text, any logos other than SWWMINC branded clothing and swimwear, questionable hand gestures, a photograph or video where a swwm girl, a bystander(s) and/or an animal(s) could get hurt or killed, trespassing, firearms, weapons, smoking cigarettes, drug/alcohol use, and/or any underage and/or illegal activity.

 

SERVICE, MODIFICATION AND/OR TERMINATION OF AFFILIATE AGREEMENT:

  • SWWMINC may modify any of the terms and conditions in this Affiliate Agreement at any time at our sole discretion.
  • In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and SWWMINC Affiliate Program Terms and/or Responsibilities.
  • If any modification is unacceptable to you, email us and let us know of your wish to end your affiliation.
  • Your continued participation in the SWWMINC Affiliate Program following the posting of the change notice or new Affiliate Agreement on our site and/or through email, will indicate your agreement to the changes.
  • Any Affiliate Program may be amended or terminated at any time.
  • Affiliate must respond to any changes or additions to the Affiliate Agreement within 10 business days and actively be aware of any amendments of Affiliate Programs.

 

PAYMENT & PAYMENT TERMS OF THE AFFILIATE AGREEMENT:

  • SWWMINC will pay Affiliate a commission of 10% of a completed, total sale, less shipping, when applicable.
  • A completed, total sale is one that originated from Affiliates’ activity and where an Affiliate code was used.
  • SWWMINC will pay Affiliate a commission of 10% on all RECURRING sales that is/are made from a buyer originated from Affiliate promotion and attached to your Affiliate code.
  • Payment of commissions earned are made to Affiliate during the 3rd week of every month.
  • Payment of commissions earned to Affiliate start on the second month after a completed Registration.
  • Payment of commissions earned are made to Affiliate on completed sales and after shipping and our standard 7-day return policy has passed. This is generally 12 days in total.
  • Payments to Affiliate and from SWWMINC will come from PayPal.
  • Affiliate must provide a valid Bank account for funds to be transferred. A PayPal account is preferred.
  • Any unforeseen bank fees charged will be paid from Affiliates’ commission.
  • Payments to Affiliate are online transfers only. SWWMINC will not issue checks or pay you in cash.
  • Affiliate must disclose and display that they are an Affiliate and will receive a commission on sales generated through their activities. AFFILIATE DISCLOSURES ARE NOW AN FCC MANDATED LAW. PLEASE COMPLY.
  • All payments made to Affiliate are made according to the designated payment schedule and less shipping, when applicable.
  • Affiliates’ are eligible to earn commissions on completed sales while in good-standing with SWWMINC.
  • Affiliates’ are eligible to earn commissions on completed sales for (2) two calendar months after Affiliate might decide to terminate their affiliation with SWWMINC however, Affiliate must have terminated the agreement and be in good-standing with SWWMINC.
  • A completed sale is one that has not been cancelled, charged-back and/or returned for refund and comply with all terms.
  • SWWMINC may hold a commission for a reasonable time to ensure that all qualified purchases are valid and payment from referred customers are legitimate as determined by SWWMINC and its’ Merchant Provider and at our sole discretion.
  • Without limitation, Affiliate’s participation in the Affiliate Program and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate’s violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.

 

CONFIDENTIALITY:

  • Only SWWMINC Company officers, select employees, and select merchants/agents will have access to information furnished or obtained in connection with this Affiliation Agreement.
  • SWWMINC will maintain and protect the confidentiality of personal information to the greatest extent possible.
  • SWWMINC will furnish only that information used for promotional purposes, to ensure accurate and timely payment of Affiliate commissions and if needed by a government entity or law enforcement.
  • All confidential information, including, but not limited to, any business practice or process of SWWMINC, technical Corporate information, Corporate financial information, customer information, intellectual property, design and trade company information and by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential” and will remain the sole property of SWWMINC, and each party will keep in confidence and not use or disclose such proprietary information of the other party UNDER NO CONDITION.
  • ALL SWWMINC INFORMATION IS CONSIDERED “CONFIDENTIAL”.
  • SWWMINC will never share Affiliate information other than that information needed to comply with this Agreement.
  • SWWMINC will never sell Affiliate information to any party for any reason.

 

INDEMNIFICATION:

  • You hereby agree to indemnify and hold harmless SWWMINC and Our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on:
  • Any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.
  • Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein.
  • Any claim related to your website, social media profiles and platforms, including, without limitation, its development, operation, maintenance and content therein not attributable to us.

 

REGISTRATION IN THE AFFILIATE PROGRAM:

  • To begin the Registration process, you will need to complete the Affiliate Registration form found on our website.
  • We will need to evaluate this information to set up your Affiliate account.
  • Once your Affiliate account is set up internally, we will then provide you the necessary information to access your Affiliate private portal, which you can conduct and monitor all business, media and payments with.

 

SEVERABILITY:

If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.

 

APPLICABLE LAW:

The laws of the States and Country will govern this Agreement, without reference to rules governing choice of laws.

Any action relating to this Agreement must be brought in the federal or state courts located in Tampa, Florida, USA and you irrevocably consent to the jurisdiction of such courts.

You may not assign this Agreement, by operation of law or otherwise and under no condition.

 

IN WITNESS WHEREOF, the Owner has caused this Agreement to be signed by a duly authorized officer, and Recipient has affixed his/her signature hereto.