This Affiliate Program Agreement (“Agreement”) is a legally binding contract between The Real Milk Paint Co. LLC dba RMP Finishes (“Company,” “we,” “us,” or “our”) and you (“Affiliate,” “you,” or “your”). By completing the RMP Finishes Affiliate Program application process, you indicate your full acceptance of this Agreement and all of its terms and conditions. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
1. Enrollment and Application Approval
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to RMP Finishes by your own website, social media, or personal referrals.
We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
2. Referral Policy
Referrals and subsequent commissions are tracked and credited to the Affiliate based on the following specific criteria and structures:
- Methods of Referral: A valid referral is generated when a customer completes a purchase on our site either by clicking on the Affiliate’s unique tracking link, by applying the Affiliate’s assigned coupon code at checkout, or both.
- Coupon Limitations: Any coupon code assigned to an Affiliate is strictly valid for first-time customers only. Repeat customers attempting to use an Affiliate coupon code will have the discount rejected at checkout.
- Cookie Tracking Window: Affiliate tracking links utilize browser cookies to track referrals. This tracking window is active for sixty (60) days from the initial click, subject to the user’s browser settings allowing cookies.
- Lifetime Customer Linking: Once a customer successfully completes a purchase via either an Affiliate’s tracking link or coupon code, that customer is permanently linked to that specific Affiliate as a “Lifetime Customer.” The customer is uniquely identified in our system by their email address.
- Commission on Linked Accounts: Once a customer is linked to an Affiliate, the Affiliate will automatically earn a commission on all subsequent purchases made by that customer. This commission is generated regardless of whether the customer uses the affiliate coupon code again or arrives at the site via the tracking link on subsequent visits.
- Link Duration and Expiration: The “Lifetime Customer” link remains active for a window of two (2) years (730 days) starting from the date of the initial referral purchase. During this 730-day window, all qualifying purchases by that customer will generate a commission for the Affiliate. Upon the expiration of the 730th day, the customer account becomes automatically unlinked from the Affiliate, and no further commissions will be generated from that customer unless a new tracking cookie is established after expiration.
- Self-Referral Restriction: You cannot refer yourself, and you will not receive a commission on your own accounts or personal purchases.
3. Commissions, Payouts, and Financial Terms
- Commission Rate: Commissions are calculated at 10% of the order subtotal after discounts.
- Payout Schedule: Commissions are paid out quarterly.
- Holding Period: For an Affiliate to receive a commission, the referred account or transaction must remain active and valid for a minimum of 37 days.
- Payment Methods: Payouts are issued via PayPal or mailed check.
- Minimum Payout Threshold: Mailed checks require a minimum balance of $10. If this threshold is not met, the balance rolls over to the next period for up to four (4) successive quarters.
- Transaction Validity: Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks, returns, or refunds will not be paid out, or the corresponding amounts will be deducted from future payouts.
4. Affiliate Personal Discount
Affiliates are granted a special discount on RMP Finishes products for personal use. This discount is a privilege, is non-transferable, and may be revoked or modified at any time at our sole discretion.
5. Affiliate Links & Marketing
- Authorized Usage: You may use approved graphic and text links on your website, social media, email messages, and online or offline classified ads, magazines, and newspapers.
- Custom Creative Assets: You may use the graphics and text provided by us, or you may create your own assets, provided they are appropriate, professional, and do not violate any terms outlined in the Prohibited Conduct section.
- Link Integrity: You must not use misleading text on affiliate links, buttons, or images to imply anything besides currently authorized deals specific to you. Your link must send the visitor directly to the merchant site.
6. Coupon and Deal Site Policy
RMP Finishes occasionally offers coupons to select affiliates and newsletter subscribers. If you are not pre-approved or assigned a specific branded coupon, you are not allowed to promote it. Affiliates considering the promotion of our products in relation to a deal or coupon must adhere to the following:
- Explicit Intent Required: Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button, or image.
- Transparency: Users must be able to see coupon, deal, or savings information and details before an affiliate cookie is set. Phrases such as “Click here to see coupons and open a window to merchant site” are strictly prohibited.
- No Fake Offers: Affiliate sites may not display text such as “Click for Deal/Coupon” or any variation thereof when there are no active coupons or deals available. If clicking these links merely opens the merchant site or sets a cookie without providing an actual deal, the affiliate will be removed from the program immediately.
7. Pay Per Click (PPC) Policy
Pay Per Click (PPC) bidding on branded keywords (including but not limited to “RMP Finishes,” “The Real Milk Paint Co. LLC,” or any variations, misspellings, or phrase matches including terms like “Coupons” or “Discounts”) is NOT allowed without prior written permission. Violation of this policy is grounds for immediate termination from the Program.
8. Prohibited Conduct and Termination
Your affiliate application and status in the Program may be suspended, deactivated, or permanently terminated at the sole discretion of RMP Finishes for any violations of this Agreement, including but not limited to:
- Inappropriate Advertisements: Use of false claims, misleading hyperlinks, or deceptive marketing practices.
- Spamming: Engaging in mass email distributions, mass newsgroup postings, or unsolicited commercial messages.
- Illegal Content: Advertising on sites containing or promoting illegal activities.
- FTC Non-Compliance: Failure to clearly disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission (FTC) guidelines, regulations, or applicable state laws.
- Intellectual Property Violations: Violation of trademark and intellectual property rights. RMP Finishes reserves the right to require separate license agreements from those who employ our trademarks.
- Unauthorized Incentives: Offering rebates, coupons, or any other form of promised kick-backs from your affiliate commission as an incentive. (Note: Adding separate bonuses or bundling other products with RMP Finishes is acceptable, provided it is clear and transparent).
- Fraud: Self-referrals, fraudulent transactions, or suspected affiliate fraud.
- Inactivity: Prolonged accounts showing no click-through or referral activity may be terminated.
Reservation of Rights: In addition to the foregoing, RMP Finishes reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement, or for no reason at all, at our sole and absolute discretion.
9. Liability and Warranty Disclaimers
RMP Finishes will not be liable for indirect, incidental, special, or consequential damages (including loss of revenue, profits, or commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties or representations with respect to the Program and/or the memberships or products sold by RMP Finishes (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). We make no claim that the operation of the Program and/or our website(s) will be error-free, and we will not be liable for any interruptions, technical errors, or downtimes.
10. Indemnification
Affiliate shall indemnify, defend, and hold harmless RMP Finishes, The Real Milk Paint Co. LLC, and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors, and assigns from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and expert costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of the Affiliate.
11. Term of the Agreement and Modifications
Term: The term of this Agreement begins upon your official acceptance into the Program and will remain in effect until your Affiliate account is terminated by either party.
Modifications: The terms and conditions of this Agreement may be modified by us at any time. Changes may include, but are not limited to, changes in commission scopes, fee schedules, payment procedures, and Program rules.
Acceptance of Changes: If any modification to this Agreement is unacceptable to you, your only recourse is to terminate your Affiliate account. Your continued participation in the Program following the posting or notification of a change notice or new agreement will constitute your binding acceptance of the modifications.