Pickler Affiliate Program Terms and Conditions

Last updated: September 22, 2019

© The Pickler, LLC. All Rights Reserved.

Welcome to Pickler®! These Pickler Affiliate Program Terms and Conditions (these “Terms”) are entered into by you (“you” or “your”), and The Pickler, LLC d/b/a Pickler (“Pickler”). These Terms govern your participation in Pickler’s marketing program (the “Affiliate Program”). If you do not agree to be bound by these Terms, then you may not participate in the Affiliate Program. 

In addition to these Terms, the Affiliate Program is also governed by other applicable terms and conditions, including the Terms of Use and any other documents and policies referred to in the Terms of Use. For the avoidance of doubt, all of the terms and conditions of the Terms of Use (including the sections titled “We Make No Representations or Warranties Regarding our Services or the Content,” “Limitations on our Liability,” “Your Indemnification of Us,” “Our Remedies,” “Legal Disputes,” and “Miscellaneous” and all documents and policies referred to in the Terms of Use) will apply to these Terms. To the extent that these Terms conflicts with the Terms of Use, these Terms will apply and control. All capitalized terms used and not otherwise defined in these Terms will have the meanings ascribed to them in the Terms of Use.

PLEASE READ THESE TERMS CAREFULLY BEFORE ENGAGING IN THE PURPOSE SET FORTH IN SECTION 1 BELOW.

1. Purpose. These Terms establish you as a marketing affiliate of Pickler with the non-exclusive right to connect your community, customers, users and partners (collectively, the “Users”) to, or otherwise market, Pickler in order for such Users to consummate transactions with Pickler, in exchange for which, you shall receive a portion of the proceeds from such transactions.

2. Marketing. You may share your Pickler discount code with Users; provided, however, that all marketing and other activities related to your Users or Pickler will be in strict accordance with all applicable laws (including applicable laws related to deceptive practices, telemarketing, privacy, consumer rights, e-mail, and electronic communications), these Terms, and any other written policies or guidance provided to you by Pickler from time to time. E-mails making reference to Pickler, that include discount codes, or that concern any other aspect of this marketing affiliate relationship, may be sent only to Users who have elected to receive such e-mails. “Spamming” means the sending of unsolicited electronic communications. Spamming will not be tolerated and may lead to immediate termination of these Terms by Pickler. You will not be entitled to any commissions or other fees generated through Spamming tactics. 

3. Transaction Processing. Pickler will process transactions placed by Users who use your discount code. Pickler reserves the right to reject transactions placed by Users that do not comply with any reasonable requirements that Pickler may periodically establish, subject at all times to Pickler’s reasonable discretion. Pickler will be responsible for all aspects of transactions processing and fulfillment. Among other things, Pickler will prepare order forms, process payments, cancellations, and handle customer service. Pickler will track transactions made with Users who consummate transactions using your discount code. Pickler will not be responsible for any tracking or reporting errors that result solely from improperly formatted, copied, or inserted discount codes.

4. Qualified Transactions. Pickler will pay you applicable commissions for purchases of Pickler’s My Pro Pickleball Coach collection by Users in Qualified Transactions (as defined below). For the purposes of these Terms, a “Qualified Transaction” means a User’s transaction with Pickler, whereby the User uses the provided discount code to purchase Pickler’s My Pro Pickleball Coach collection. Pickler will not pay any commission or other fees for (x) any products or services other than the products and services purchased in Qualified Transactions, (y) transactions using a Prohibited Link (as defined below), or (z) for products or services purchased by Users that are ultimately returned or refunded. You will not use, procure, bid on, or otherwise arrange for a paid-for link (a “Prohibited Link”) on any Internet search engine, portal, sponsored advertising service or other search or referral service which Prohibited Link uses or includes the terms “Pickler,” “Pickler Pickleball” “Pickler.com,” or any other trademarks, trade names, service marks, corporate names, or other similar Intellectual Property Right (as defined below) owned or licensed by Pickler or any parent, subsidiary, or other affiliate of Pickler.

5. Policies and Pricing. Users who consummate transactions with Pickler will be deemed to be customers of Pickler. Accordingly, all of Pickler’s rules, policies, and operating procedures concerning customer orders, customer service, and product and services sales will apply to such Users with respect to their transactions. Pickler may change its policies and operating procedures at any time, consistent with applicable laws. Because prices and availability may vary from time to time, you may not, without Pickler’s consent, display any Pickler price information on your website or emails. Pickler will use reasonable efforts to present current and accurate information on thepickler.com, but cannot guarantee the availability or price of any particular product or service. 

6. License. Pickler hereby grants to you, during the term of these Terms, a limited, worldwide, non-exclusive, non-transferable, revocable license to use and display the discount code, Pickler’s name and logo or other Pickler content that Pickler may provide to you under these Terms from time to time, for the sole purpose of marketing Pickler and Pickler’s My Pro Pickleball Coach collection in accordance with the terms and conditions of these Terms. You hereby grant to Pickler a worldwide, non-exclusive right and license to use and display your picture, name, voice, likeness, image, appearance and biographical information in, on or in connection with any photographs, audio and video recordings, digital images, websites, applications and social media (external and internal), television programs, advertising, sales and marketing brochures, books, magazines, other publications, DVDs and all other printed and electronic forms and media throughout the world, at any time, for all legitimate Pickler business purposes (“Permitted Uses”). You hereby forever releases Pickler and its members, officers, managers, employees, agents, representatives and third-party service providers from any and all claims, actions, damages, losses, costs, expenses and liability of any kind, arising under any legal or equitable theory whatsoever at any time in connection with any Permitted Use.

7. Ownership. Except for the licenses granted by Pickler to you in the preceding Section, as between you and Pickler, Pickler shall own all right, title and interest in and to thepickler.com, My Pro Pickleball Coach, Pickler’s proprietary designs and technology, the discount codes, Pickler information, and any and all User and customer information or databases collected or generated in connection with these Terms and all Intellectual Property Rights in the foregoing or otherwise related to Pickler. For the purposes of these Terms “Intellectual Property Rights” means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.

8. Feedback. You may from time to time provide suggestions, comments or other feedback to Pickler ("Feedback"). You agree that all Feedback is and will be given entirely voluntarily. Feedback, even if designated as confidential by you, will not, absent a separate written agreement, create any confidentiality obligation for Pickler. Furthermore, except as otherwise provided in these Terms or in a separate subsequent written agreement between you and Pickler, Pickler will be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback provided to Pickler as Pickler sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

9. Non-Disparagement. You will not, directly or indirectly, at any time, make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments or statements concerning Pickler, its affiliates or any of their respective employees, managers, officers, agents, contractors, representatives and existing, prospective and former customers, vendors, investors, financial resources or any other associated third party with Pickler. The previous sentence does not, in any way, restrict you from exercising protected rights by speaking the truth to the extent that such rights cannot be waived by agreement or from complying with any applicable law or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by applicable laws. You will promptly provide written notice of any such order to an authorized officer of Pickler.

10. Indemnity. Without limiting anything in the Terms of Use, you will defend, indemnify and hold Pickler and its affiliates, managers, members, employees, officers, directors and representatives (collectively, “Representatives”), harmless from and against any claims, damages, losses, costs, liabilities and expenses, including attorneys’ fees (collectively, “Claims”), arising out of or in connection with (a) your breach of the representations, warranties and covenants made by you, (b) your fraud, negligence or willful misconduct, or (c) your violations of applicable regulations, statutes and laws. You are solely responsible for your actions in connection with the Affiliate Program. 

11. Relationship of the Parties. The parties are independent contractors, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Neither party will have the authority to make or accept any offers, warranties or representations on the other party’s behalf.

12. No Exclusivity. Either party may, at any time (directly or indirectly), undertake obligations or provide services to other parties that are the same or similar to those undertaken or provided pursuant to these Terms.

13. Fraud. Pickler may, from time to time, in its sole discretion and without notice to you, refuse, cancel or hold for review your Affiliate Program account for suspected fraud or other violations of these Terms or the Terms of Use.

14. Termination. Pickler may, at any time, in its sole discretion and without any notice to you, provide special terms, limitations and conditions for the Affiliate Program, or otherwise change or amend these Terms. Further, Pickler may, at any time, in its sole discretion and without any notice to you, (a) discontinue the Affiliate Program, in whole or in part; (b) approve, deny or revoke the right to participate in the Affiliate Program with respect to any person, including you, for any reason whatsoever; or (c) audit any Affiliate Program account.

15. Interpretation of these Terms. Pickler has the sole discretion to interpret and apply these Terms under and in connection with all circumstances, and all questions or disputes regarding the Affiliate Program or these Terms will be resolved by Pickler, in its sole discretion.

Pickler® and P™ are trademarks of The Pickler, LLC d/b/a Pickler.

Other Frequently Asked Questions:

Can people outside of the U.S. become affiliate partners?

Yes! However, please be aware that Pickler’s My Pro Pickleball Coach is currently available only in English.

What is the discount code duration?

Your Pickler code is valid as long as there has been at least one sale using your code in the prior year to date. 

Are special programs or incentives available for especially high-performing affiliates?

Yes, especially high-performing affiliates enjoy a higher commission and other exclusive benefits. If you are an existing affiliate and believe you qualify, please contact us at stacie@thepickler.com.

Can I place my discount code and Pickler links, banners, products, and other creative anywhere on my website or social media platforms?

Yes, we recommend that you think of the placements that would be most appealing to potential Pickler customers and place your discount code and other creative to promote the highest conversion possible.

How many Pickler links, banners, products and other creative should I place on my website or social media platforms?

You can place as many as you like, and we encourage you to use as many as necessary and appropriate to improve conversion. We have found that a creative banner along with your discount code or Pickler logo improves effectiveness.

Can I use graphics and content from the Pickler websites?

The entire Pickler website and content are protected by copyright. You may use images and content from Pickler’s website in the promotion of our products on your own website or social media platforms; however, all images must be used in the sale of the product through the Pickler Affiliate Program and attributed to Pickler. If you have a special circumstance that requires the use of any graphics, product images or content in a manner that is not consistent with the above, you must contact stacie@thepickler.com for written approval prior to use of any such content.

How do you handle product returns on affiliate sales?

If a customer referred by you returns or cancels an order for refund, or if credit card charges are reversed due to online credit card fraud, Pickler, at its discretion, can debit your account for any commission earned on that transaction.