Terms of Service

This Affiliate Agreement (“Agreement”) contains the terms and conditions for participation as an Affiliate of Fire Mountain Gems.  The term “Affiliate”, “You” or “Your” herein refers to you, the individual, business, or entity and “Participating Website” refers to the website from which you will link to Fire Mountain Gems.  ”We” or “Our” refers to Fire Mountain Gems.  By filling out and submitting our online application form, you are confirming that you have read this Affiliate Agreement and agree to be bound by its terms and conditions.

We reserve the right to reject any application or to terminate an Affiliate determined to be unsuitable for our Affiliate Program for any reason including, but not limited to, content that is, in our opinion, unlawful, obscene, harassing, threatening, racially or ethnically defamatory or otherwise objectionable or harmful. If we reject your application, you may reapply to the Fire Mountain Gems Affiliate Program at any time following thirty (30) days of receipt of such rejection.

The terms and conditions of this Agreement are as follows:

1. LINKS.

You agree to post on your website a graphic and/or text link or links, as an advertisement for Fire Mountain Gems. You may post as many links or remove such links, at anytime without prior approval from Fire Mountain Gems. We shall provide you several graphic and text links to choose from. You are free to post your preferred Links prominently throughout your site as you see fit and with our consent. Notwithstanding the foregoing, you agree to immediately remove any and all Links from your website at Fire Mountain Gems’s request at any time, for any reason.

The Links will identify your site as a member of the Fire Mountain Gems Affiliate Program and will establish a link from your site to ours. In utilizing the Links, you agree that you will cooperate fully with us in order to establish, maintain and periodically update such Links. Participating Websites shall display all graphic and/or text images prominently in relevant sections of their site. Links may be modified and/or expanded periodically throughout the term of this Agreement pursuant to the mutual agreement of the Affiliate and Fire Mountain Gems. Affiliates are not allowed to change sales material or to make false claims about Fire Mountain Gems or our products.  Affiliates are not permitted to publish Fire Mountain Gems’s website or sales material on their site.

Affiliates are allowed to promote Fire Mountain Gems and its products in any acceptable manner set forth in this agreement. Acceptable ways to promote Fire Mountain Gems include banners, text links, correspondence to your newsletter subscribers, your client base/customers or as a contributor to a moderated list or newsletter. Spamming is NOT allowed. If you spam, in any form at all, including email or newsgroup postings, or post a Link on any ADULT, HATE or SPAM website, your account will be terminated immediately.  Referral fees that have not been paid up to the date of termination will be forfeited by the Affiliate and will become the property of Fire Mountain Gems.

2. PAYMENT.

Fire Mountain Gems and Beads, Inc. agrees to pay Affiliate a commission rate as agreed upon and as listed within ShareASale.com, our affiliate reporting interface. You will be issued a unique URL, which allows Fire Mountain Gems to identify visitors from your site as originating from same.  These visitors are tracked with this unique URL and sales are recorded with your Affiliate ID. To receive commissions, your customers must arrive at Fire Mountain Gems through your Affiliate Link.  Additionally, we do not pay affiliate commission on transactions associated with existing wholesale or reseller relationships.

Payment will be made every month an Affiliate has accrued more than $10.00 in commissions. Shareasale will issue payment each month. Although our Affiliate Program is not limited to the U.S. all payments will be made in U.S. dollars. Fire Mountain Gems reserves the right to modify the payment schedule as long as notice is posted to the Web site or sent by email. If a qualifying sale is canceled or refunded, the related commission will be deducted from the next monthly payment. Please allow 60 days for all orders to be processed and made official.

3. CUSTOMERS.

Customers who buy Fire Mountain Gems products through the Affiliate Program will be deemed to be customers of Fire Mountain Gems. To protect Fire Mountain Gems’s customer privacy, we cannot provide identifying customer names and contact information to you. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, product availability, pricing and problem resolution will apply to those customers. We may change our policies and operating procedures at any time. The Affiliate does not have the authority to make or accept any offer on behalf of Fire Mountain Gems. Fire Mountain Gems is not responsible for any representations made by the Affiliate that contradict our policies.

4. PROCESSING OF ORDERS.

Fire Mountain Gems will be solely responsible for processing every order placed by a customer through a special link from an Affiliate’s participating website. Orders will be processed by Fire Mountain Gems when received by our secure online ordering process, telephone, fax, or mailing address. Order and payment processing, manufacturing and shipping, cancellations, returns and related customer service are the sole responsibility of Fire Mountain Gems.

Fire Mountain Gems reserves the right to reject any order that does not comply with our policies or operating procedures.

Fire Mountain Gems will be solely responsible for tracking sales made to customers who follow special links from the participating website.

The Affiliate will be solely responsible for ensuring that these special links are formatted properly on their website, to allow successful tracking of such sales. Affiliate will be able to access sales activity in real-time with a specifically assigned URL.

Ownership of all copyrights, trademarks, trade names and intellectual property rights, including without limitation advertising copy and graphics will remain the sole property of Fire Mountain Gems.

Such trademarks, trade names and intellectual property rights may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a Fire Mountain Gems logo, image, or trademark which may be distasteful, defame, or misrepresent. The Affiliate shall not misrepresent Fire Mountain Gems products.

5. TERM OF THE AGREEMENT.

The term of this Agreement will begin upon inception of your Affiliate Program and will end when terminated by either party. Each party may terminate this Agreement at any time, with or without cause, by giving the other fourteen (14) days prior written notice of its intent to terminate this Agreement. You are only eligible to earn commission on sales occurring during the term, and commissions earned through the date of termination will remain payable only if the related Fire Mountain Gems product orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that no overpayment is made.

Affiliate understands and agrees that Affiliate tracking can never be 100% accurate and Fire Mountain Gems is not responsible for inaccuracies that might occur beyond its control. Although it is the goal of Fire Mountain Gems to make Affiliate tracking as accurate as possible, Fire Mountain Gems cannot guarantee 100% tracking for situations beyond its control.

6. MODIFICATIONS.

We may modify any terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email and a change notice will be posted on our site. Modifications may include, but are not limited to, changes in commissions or their schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

7. DISCLAIMERS.

Fire Mountain Gems makes no express or implied warranties or representations with regard to this Affiliate Program or any Fire Mountain Gems product sold through the Affiliate Program except as expressly set forth in this agreement.  Additionally, we make no representation that the operation of our site will be uninterrupted or error free and we will not be liable for the consequences of any interruptions or errors. WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. RELATIONSHIP OF PARTIES.

The relationship between Fire Mountain Gems and you, the Affiliate, is that of independent contractor. Each party shall conduct its respective business at its own initiative and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The term “Affiliate” shall not be interpreted as a legal partner or affiliate. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

9. GOVERNING LAW.

This Agreement will be governed by the laws of the United States and the State of Oregon, in the county of Josephine.

By completing and submitting our Online Application you confirm that you have read the terms and conditions as set forth in this Affiliate Agreement and agree with them.

10. PAID SEARCH POLICY.

Bidding on any keywords that feature the following trademarks terms is strictly prohibited in our program: 1. Fire Mountain Gems 2. Fire Mountain Gems.com 3. www.FireMountainGems.com 4. Fire Mountain Gems and Beads and any variation or misspelling thereof. This restriction includes but is not limited to bidding on Fire Mountain Gems and Beads + generic terms.  Direct linking, and the use of ‘www.FireMountainGems.com’ or any variations or misspellings of our brand name in the ad copy or display URL is prohibited. We do enjoy working with search affiliates and are more than willing to share other keyword suggestions. Feel free to reach out to us directly: affiliates@firemtn.com.

Affiliates may bid on, but not rank higher than us on the following trademark terms:

Accu-Flex® Professional Quality Beading Wire, Celestial Crystal®, CLEAN-VU® Re-Closable Bags, Create Compliments® jewelry, Crop Circles Jewelry®, Hot Tips®, Huggy Spool®, Moonshine® Polishing Cloth, Powercord®, Vitrium® Clear Protectant Sealant, Vitrium® Transparent (and Opaque) Air-Dry Resin Clay, Wonder Wiggle Wire®, Wrapit®, Accu-Cord™, Accu-Flex™ paper cord, Accu-Guard™ wire guardian (include “wire guardian” when writing “Accu-Guard™”), Almost Instant Jewelry®, Bead Huggers™, Bead Knotter™, Boss’ Bead Bag™, Bulldog Crimp™, Camo Stone™, Cool Frost Resin Beads™, Crazy Horse™ stone, Dione®, Dione® Easy-On Chain, Easy Threader™, Everyday Jewelry™, Hemalyke™, Hot-Fix Heater™, Impact™ Bracelets, Invizi™-Cord, Loop Lock™, Magna Clasp™, Ming-Tree™, Need a Bead Now™ totes, NeedleHolster™, Oh! Rings™, Peg Leg™, Polished Pigments™, Poly-Roller™, Promo Beads™, Purely Silk™, Screw-Tite Crimps™ Collection, Shine-on™, SmartBead BPS™ Speedy Stringer™, Tigertail™ Beading Wire Tite-lip™, White Lotus™, Wide-eye Needle™, Zebra Wire™.

11. AFFILIATE LOCATION EXCLUSIONS.

Due to current tax legislation we cannot accept affiliates from the following states: Arkansas, California, Connecticut, Georgia, Illinois, Iowa, Kansas, Louisiana, Maine, Michigan, Minnesota, Missouri, Nevada, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, Washington.

 

12. AFFILIATE DISCLOSURE GUIDELINES.

Affiliates must provide a disclosure statement within any and all pages, blog posts, social media posts and emails where affiliate links for Fire Mountain Gems are included. This disclosure statement must be clear and concise, stating that you may be compensated for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this must be clearly stated in your disclosure.

a)      Disclosures must be in close proximity to the link.

b)      Disclosures must be placed above the fold; scrolling should not be necessary to find the disclosure.

c)       Pop-up disclosures are prohibited.

You must comply with all FTC disclosure requirements, including the FTC’s “Dot Com Disclosures” Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC’s Endorsement Guidelines at: https://www.ftc.gov/tips-advice/business-center/advertising-and-marketing/endorsements . We reserve the right to terminate affiliates without warning for non-compliance.