Terms of Service

(Effective from 9th of January, 2024)

BY SIGNING UP WITH THE FOXY SELLING (“www.foxyselling.com”, foxyselling, “we”, “us” and “our”) AFFILIATE PROGRAM (“Program”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“Agreement”). YOU HEREBY AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL THE CLAUSES OF THIS AGREEMENT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN. The terms of the Agreement form the entire contract between the parties in relation to its subject matter.

YOU (“You”, “Affiliate”, or “Affiliates”) AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU, AND THIS AGREEMENT IS ENFORCEABLE AGAINST YOU.

This is a legal agreement between you (either an individual or a legal entity), and Foxy Selling and its authorized service provider(s), distributor(s), promoter(s), and reseller(s). This Agreement outlines the rules and regulations of the Program.

By clicking the button “Sign up” during registration on our Platform, you represent that you are over 18 years old and agree to the terms of our Privacy and Cookies Policy and this Agreement. If you are acting on behalf of a company when accepting this Agreement and the Privacy and Cookies Policy, you also hereby declare to be authorized to perform such legal actions on behalf of that company (herein the term “you” shall mean the relevant company).

Foxy Selling reserves the right to approve or reject any Program application at its sole and absolute discretion. Acceptance of your application to the Program is at Foxy Selling sole discretion and neither Foxy Selling nor its authorized representatives shall hold any liability to you in the event that your application is rejected.

TERMS AND CONDITIONS OF THE ACCOUNT

1. You must provide your legal full name, a valid email address, and any additional information requested in order to complete the signup process.

2. You are responsible for maintaining the security of your account and password. Foxy Selling cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

3. You are responsible for all content posted and activity that occurs under your account.

4. Each legal entity may control no more than one Program account unless expressly authorized.

5. You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Affiliate account or Program, violate any laws in your jurisdiction (including but not limited to copyright laws).

6. You may not use the Program to gain a discount on Foxy Selling products for your own use or that of any affiliate or company in the same group or with common ownership of any kind. All sales must be to entities on an arm’s length basis only. Failure to comply with this condition will make any affected sales Commission repayable with immediate effect.

7. Paid Ads Policy:

You may not:

• use your affiliate link in any paid media. This includes advertisements such as search engine ads, Facebook or Instagram ads, or anything similar that would compete or otherwise cannibalize Foxy Selling’s marketing and cause confusion for potential customers.
• bid in your pay-per-click campaigns on keywords such as foxyselling.com, foxy selling, Foxy Selling coupons, Foxy Selling discounts, www.foxyselling, www.foxyselling.com, and/or any misspellings or similar alterations of these, be it separately or in combination with any other keywords. In order to use any Foxy Selling related keywords through paid advertising you need prior approval from one of Foxy Selling’s affiliate managers and direct the traffic from such campaigns to your own website prior to redirecting it to our website.
• use “doorway pages'' in such instances or overall as part of Foxy Selling promotional activities is also strictly prohibited.
• transmit any so-called “interstitials,” “Parasiteware,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets'' or “deceptive pop-ups and/or pop-unders'' to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited the Foxy Selling Website (i.e., no page from our site or any Foxy Selling content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware'' and “Parasitic Marketing” shall mean an application that:
  
  (a) through accidental or direct intent causes the overwriting of Affiliate and non-Affiliate Commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;
  (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, Commission tracking cookies to be put in place or other Commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given Internet search and directory engines (services referred here as examples include, but are not limited to, Google, MSN, Yahoo, Hotbot);
  (c) set Commission tracking cookies through loading of the Foxy Selling site in IFrames, hidden links and automatic pop ups that open Foxy Selling’s website;
  (d) targets text on websites, other than those sites 100% owned by the application owner, for the purpose of contextual marketing; or
  (e) removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application; or
  (f) any other use that may be regarded as fraudulent according to common online marketing practice according to generally accepted industry specific code of conducts and guidelines (such as of IAB Europe).

You may:

review Foxy Selling on your Blog, YouTube channel or other social media platforms, add banners and share your link with your clients and social media followers PROVIDED THAT you comply at all times with the terms and conditions of any third party sites which you use for affiliate marketing.

• Abuse, gaming, and policy violations will result in having your account banned and any existing and future Commissions forfeited.
• If you have any questions about campaigns and promotions please contact us at info@foxyselling.com.

If you contravene any part of this section, you will be considered to be in material breach of the Agreement which will allow us to terminate the agreement and claim damages.

8. Compliance with Laws & Industry-specific guidelines

As a condition to your participation in the Program, you agree that while you are an Affiliate, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, or other requirements as well as industry specific code of conducts and guidelines (such as of IAB Europe). (collectively, “Laws”) of any governmental authority that has jurisdiction over you, whether those Laws are now in effect or later come into effect during the time you are an Affiliate or participating in the Program, including, without limitation, during the application process. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program, you will comply with all applicable federal, state or other Laws that govern marketing email, including without limitation, the e-Privacy Directive, the CAN-SPAM Act of 2003 and all other anti-spam laws.

9. COMMISSIONS AND PAYMENT

Commission for Affiliates becomes due where a customer signs up for Foxy Selling’s products and services using your unique Affiliate link on a bona fide, arm’s length basis and does not cancel without liability within 30 days of purchase in accordance with Rewardful’s Terms of Service (“Commission”). The percentage of the Commission and our other rewards is as notified to you by Foxy Selling from time to time in writing.

Affiliate commissions are approved if they are considered valid in the month after the sale. Commissions are due 30 days after they are generated. Commissions are paid out as long as there are no issues with any of the customers that the Affiliate has referred.If there is any issue, we have the right to withhold the payment, run an investigation, and release the payment once we are satisfied with the investigation.

In case of a refund, the Commission will not be payable, and if already paid, it will be adjusted from the next payout. If there is no next payout within the next 30 days, then the Affiliate will be liable to pay back the Commission immediately. Failure to make payment of a Commission paid out in error will entitle us to terminate this Agreement and claim for damages. Foxy Selling also reserves the right to charge interest on owed payments to the maximum amount allowable by applicable law and engage debt collection agencies to retrieve such monies, the cost of which will be charged to you in addition to the debt and any accrx