Silentish! – Terms of Service
If you use our Service only for your personal use, you are to be considered as the “User”. If you use our Service to execute orders or deliver Products to third parties (including Customers), you are to be considered as the “Merchant”.
1. Access & Membership
In order to enjoy all of Silentish!’s benefits, you may register your account and become a member (“Member”). Membership requires that you register on the Site (including by filling out all required personal information). You may opt out of marketing and promotional emails. You may cancel your membership at any time by canceling online on the Site. To complete registration, you shall provide an email address and a password. You may never use another user’s Silentish! account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Silentish! immediately of any breach of security or unauthorized use of your account. Although Silentish! will not be liable for your and your Customer’s losses caused by any unauthorized use of your account, you may be liable for the losses of Silentish! or others due to such unauthorized use.
Silentish!may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature, or content. Silentish! may also impose limits on certain features and Services or restrict the User’s access to parts or all of the Services without notice or liability. You certify to Silentish! that if you are an individual (i.e., not a corporation) and you are at least 18 years of age. You also certify that you are legally permitted to use the Service, and take full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Silentish! reserves the right, at its discretion, to modify this Agreement, fees, charges, and terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of changes as modified. If you do not agree to the modified terms, you may send Silentish! a written notification, including via email (and your Silentish! account will be deleted), or close your account within 30 days of notice.
All content (information, images, pictures, data, text, photographs, graphics, messages, or other materials), hereinafter “Content”, that you post, submit, upload, display, sell or use, hereinafter “post”, using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, shop name, your customer reviews, comments, videos, usernames, etc.).
- Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or through the Service. You represent that you have all necessary rights to the Content and that you’re not infringing or violating any third party’s rights by posting it or using it on your Products sold, manufactured, or warehoused by Silentish!.
- Permission to Use the Content. By using our services Silentish! agrees that your content will remain yours. This means that we will never use your Content without your expressed permission.
- Rights You Grant Silentish!. By approving the posting your Content, you grant Silentish! a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote Silentish! and/or your Silentish! store, or the Services in general, in any formats and through any channels, including across any Silentish! services, third-party website, advertising medium and/or social media.
- Reporting Unauthorized Content. Silentish! respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).
- Intellectual Property. Silentish! respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you post to Silentish!, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable state and federal laws.
- Trademarks and Infringement of Intellectual Property. In events where we receive proper notice of intellectual property infringement, Silentish! strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When Silentish! removes, blocks or disables access in response to a notice, Silentish! makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of confirmed copyright infringement, provide information about counter notification.
- Counter DMCA Notifications: If Silentish!receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Silentish! of this action. Silentish! sends a copy of the counter notice to the original complaining party.
- Repeat Infringement: Silentish! terminates account privileges of Members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at Silentish! discretion.
- Copyright Responsibility. You agree and attest by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have express authority and written permission to use the Content, and that you have all of the rights required to post the Content.
- If Content that you own and have rights to has been posted to the Services without your permission and you want it removed, please contact our customer service department directly for further escalation and review.
- If your Content infringes another person’s intellectual property, we will block it at our discretion.
- Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of Content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
4. Use of Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:
- Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or Silentish!. For example, it’s your responsibility to obtain any permits or licenses that your store may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Silentish!, another Silentish! user, or a third party.
- Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their Products. You agree that Silentish! reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of Silentish!.
- Follow Brand Guidelines. The name “Silentish!”, our iconography, phrases, logos, and designs that we use in connection with Services we provide are trademarks, service marks, or trade dress of Silentish! in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion.
- Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Silentish! (not including your Content or Products you sell or warehouse through our Services) are considered non-confidential and nonproprietary to you. You grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
- Communication Methods. Silentish! will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
- Digital Items. Digital items and their intellectual property rights belong exclusively to Silentish! Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of Silentish! Products and may not be used for other purposes or in conjunction with products from other manufacturers.
5. Warranties and limitation of liability
- Items Your Clients Purchase Through Our Sites. You understand that Silentish! cannot and does not make any warranties about your Content, stores, or what you sell to your Customer that we may warehouse. Any legal claim related to a Product your Customers purchase must be brought directly against you as the seller of the Product. You release Silentish! from any claims related to Products sold through our Services, including consideration for defective items, misrepresentations by you as a seller, or items that caused physical injury (like product liability claims) from warehoused goods.
- Content You Access. Your Customers may come across materials that they find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Silentish! is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
- Warranties. Silentish! is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that:
- the Services will be secure or available at any particular time or location;
- any and all errors which are Printful responsible will be corrected;
- the Services will always be free of viruses or other harmful materials; or
- the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
- Liability Limits. To the fullest extent permitted by law, neither Silentish!, nor our employees or directors shall be liable to you and your Customers for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or this Agreement.
6. Responsibility of site members and visitors
Violation of this Agreement or any other rules will result in the termination of your Silentish! account.
Silentish! and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Silentish! Services. Without limiting the foregoing, Silentish! and its designees shall have the right to remove any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Silentish! or submitted to Silentish!, including without limitation information in Silentish! collaborations, posts and in all other parts of the Silentish! Services.
Without limiting other remedies, we may limit, suspend or terminate our Service and your account, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing Silentish! with accurate information (including but not limited to your retail price if you are a Merchant). If you have provided Silentish! with inaccurate or false information, (a) you shall be liable to Silentish! for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information and (b) you shall reimburse such damages and losses (including but not limited to taxes) to Silentish!, and (c) Silentish! shall have the right to charge the you for such damages and losses (including but not limited to taxes).
7. Payments and fees
Silentish! may save your credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card, unless you notify Silentish! through the Site. When you order a Product, or use a Service that has a fee, you will be charged the current fees, which we may change from time to time (such as when we have holiday sales or offer you a discount of base product prices). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing and you will be charged as soon as you click on the “confirm” button. You will then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. If you have used another person’s card without their permission, you are personally liable for, and shall reimburse damages resulting from, the unauthorized use of that card.
In case of an unfounded chargeback, you shall reimburse Silentish! for its losses, which consist of fulfillment costs and chargeback handling fees ($35 USD per chargeback).
We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an email from us confirming the details, description, and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
8. Local taxes
You are responsible for (and shall charge) all sales taxes, VAT, and other taxes and duties associated with the Products (if and as applicable). If you are located in California or North Carolina, it is required to provide a valid California Resale Certificate or North Carolina Resale Certificate or all orders sent to California/North Carolina are subject to California/North Carolina sales tax rates on top of retail rates.
If you are located in California, California tax rate is calculated as a percentage of retail price when it is provided to Printful by you. When retail price of goods is unknown, Silentish! calculates tax rate from Printful price plus 10% in accordance with the California Regulation 1706 if goods are shipped to California, or tax rate from Printful price if goods are shipped to North Carolina.
9. Shipping and returns
Once you have clicked on the “confirm” button, it might be not possible to edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member’s account for Products claimed as damaged or not received are subject to Silentish! investigation and discretion.
The risk of loss and title for such items pass to you upon our delivery to the carrier. It is your (if you are a User) or your Customer’s (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Silentish! will not make any refunds and will not resend the Product.
Silentish! will review replacement/return requests only if (a) there is a missing or broken Product, or a print error if Silentish! is at fault and (b) Silentish! receives a complaint within 30 days from the day the Product was delivered or within 30 days after the estimated delivery date, if the Product is missing.
10. Description of products
Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged, obviously they won’t be shipped out to you (your Customers), however they can still be used for charitable purposes. Printful and Silentish! reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
11. Purchase of products
Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an email order confirmation. Any Products in the same order which we have not confirmed in an order confirmation email do not form part of that contract.
Silentish! shall under no circumstances be held liable for any special losses due to specific circumstances of you and/or Customer, indirect or consequential losses, or wasted expenditure.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. Silentish! will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Silentish!.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges and taxes.
You release us (and our officers, directors, agents, affiliated companies, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Silentish! has no control over and does not guarantee the delivery of the advertised collaborations and that Silentish! shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, Products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the Site).
You will indemnify and hold Silentish! (and its officers, directors, agents, subsidiaries, affiliated companies, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party (including your Customer) due to or arising out of your breach of this Agreement, your use (or misuse) of our Services, or your account’s infringement of someone else’s rights, or your violation of any law or the rights of a third party. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
16. Disputes, Law & Jurisdiction
- Governing Law. This Agreement (including any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims)) are governed by the laws of the State of Arkansas, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located.
- Arbitration. You and Silentish! agree that any dispute or claim arising from or relating to the Agreement shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rule in effect at that time (those rules are deemed to be incorporated by reference into this section, and as of the date of this Agreement you can find them here or by calling the AAA). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Agreement will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Agreement, you and Silentish! are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
- Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $2,000, Silentish! will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
You acknowledge that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Silentish! reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
Acceptable Content Guidelines
Ecommerce is a global connector that bridges merchants with customers all over the world. Silentish! is proud to empower anyone with designs and the drive to launch an online business, wherever they’re located.
We want submitted content to be respectful of others and of the law, so keep that in mind before you hit the launch button on your store. Content that is hateful, illegal, and that violates intellectual property rights may be reviewed and removed at any time.
Intellectual Property Rights
Silentish! respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the content you submit to Silentish!, or have the rights to use, display, and resell it. Content must comply with right of publicity, trademark, and copyright laws.
We will remove content that depicts child pornography. Obscene content, or content that depicts or promotes illegal activity may be removed. You also have to follow your local laws and those of the regions you’re shipping orders to. It’s your responsibility to understand what you legally can and can’t create for your store.
Silentish! is proud to serve customers from around the world. We value tolerance, understanding, and respect. We don’t tolerate content that expresses hatred towards any person or group. You cannot upload this sort of content – it’s just not in the spirit of Silentish!.
A Few More Notes
Your content is yours – Silentish! won’t use it in our advertising or as promotional material without your permission. All content is subject to review and we reserve the right to remove it at any time and for any reason. Each case is evaluated individually.
It’s your responsibility as a store owner to follow our content guidelines . By submitting content to Silentish!, you accept that it complies with both our guidelines and Terms of Service.
The following terms and conditions (the “Agreement”) set out the legally binding terms of your participation in the Silentish! affiliate program (the “Program”). The Program is owned and operated by Silentish! – Social Network | Marketplace for Mindful Adults – (“Silentish!”). The Program is offered subject to your (the “User” or “you”) acceptance without modification of any of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published occasionally on the silentish.com website (the “Site”) by Silentish!. If you do not agree this Agreement, do not use the Program.
You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the application process.
1. Affiliate Agreement
The User certifies to Silentish! that if the User is an individual (i.e., not a company) the User is at least 18 years of age. If the User is a legal entity, you certify that you are an officer of the company or you are otherwise authorized to act on behalf of the company. The User also certifies that it is legally permitted to use the Program, and takes full responsibility for the selection and use of the Program. This Agreement is void where prohibited by law, and the right to access the Program is revoked in such jurisdictions.
2. Registration & Account
In order to enjoy all the benefits of the Program, the User must register with Silentish! and become a member. Membership requires that the User registers on the Site (including by filling out all required personal information). The User may opt out of marketing and promotional emails. The User may cancel participation in the affiliate program by deleting Silentish! account. To complete registration, the User shall provide an email address and a password. The User may never use another’s Silentish! account without permission from that user. The User is solely responsible for the activity that occurs on the User’s account, and the User must keep its account password secure. The User must notify Silentish! immediately of any breach of security or unauthorized use of its account. Although Silentish! will not be liable for the User’s losses caused by any unauthorized use of its account, the User may be liable for the losses of Silentish! or others due to such unauthorized use.
Silentish! reserves the right, at its discretion, to change, modify, suspend or discontinue this Agreement, Program, fees, charges, and terms at any time, including the availability of any feature, or content. Silentish! may also impose limits on certain features or restrict the User’s access to parts or all of the Program without notice or liability. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Program by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified.
4. Affiliate URL
You will be issued a unique URL once you become an approved User of the Program which will be unique to you only, and will allow you to be paid for affiliate referrals. You can place that URL on your website, emails, blogs, social network advertising, or similar campaigns from an account or platform that is registered in your name or which you are authorized to use. You expressly agree that Silentish’s name, trademark, logo or any other identifying material placed by you will appear only in the form and according to technical specification supplied by Silentish!. Silentish!, at its sole discretion, may change your URL.
When an affiliate URL is opened, the cookie file is saved in the browser’s cache for 90 days. Customers need to sign up or place an order during this time to be linked with your affiliate account.
For each referred customer who visits the Site through your unique URL and makes a purchase, you will earn a 10% commission from that sale.
For each referred customer who visits the Site through your unique URL and signs up as a customer you will only receive commission if Silentish! products are sold through our own pay gate on the Silentish! ecommerce Marketplace.
You will not receive commission for sample orders. Additionally, taxes and shipping are excluded from the calculations, but discounts are included.
The affiliate period of each customer lasts 9 months after your referred customer’s first order. Referring a prospective customer who previously was or currently is a Silentish! customer does not qualify for commission. You can track sales in real-time by logging into your account on the Site.
To avoid confusion, all tax-related reporting to relevant tax authorities is entirely your responsibility. We will withhold taxes from payments that are due (including international payments) if you do not provide Silentish! with relevant documentation.
You will receive commission after the order has been shipped. Commission is calculated after any refunds if any refund is given to orders. In the event that the customer’s order is cancelled, returned or refunded for any reason, we will deduct the relevant amount from your accrued earnings. If a refund is made after we have paid commission to you, we will deduct the respective amount from your account (any future payments).
The minimum withdrawal amount is $25 USD. If for any reason this Agreement is terminated prior to your first commission being due and the account balance does not exceed $25 USD, then no referral commission will be due. If commission is not withdrawn from the balance within 1 (one) year, then this past due commission is voided and removed from the commission balance. All payments will be made via PayPal. You must have a PayPal account for this purpose. Payments are made via PayPal in USD within 1-3 business days after your request is received.
The User may use the affiliate URL for the sole purpose of promoting Silentish! and referring prospective customers to the Site. Except to the extent permitted by applicable law, the User shall not (i) send unauthorized (unsolicited commercial) emails or use any illegal method of advertising to promote the Silentish! products that include the URL, and the User shall be solely liable for any such unauthorized communications (all marketing practices must comply with all applicable laws and regulations); (ii) display the URL in any way that in Silentish!’s discretion disparages or creates a derogatory or negative image of Silentish!; (iii) make any false or misleading representations relating to Silentish!l, or engage in any other practices that could harm the reputation of Silentish!; or (iv) display the URL or any content in a manner that contains or promotes (a) illegal activities or (b) content that is misleading, deceptive, or violates any third-party intellectual property, privacy or other rights of any kind
You must not use any misleading or deceptive claims in advertising copy. You are solely responsible for following all federal, state and local laws, regulations and rules regarding advertising claims, including but not limited to the Federal Trade Commission’s Disclosure Guidelines. You must adhere to all the editorial guidelines and search advertising terms and conditions set forth by each search engine (Google, Yahoo, Bing and other), including any updates to those terms in the future. Where search engine guidelines and this Agreement conflict, you must follow this Agreement.
When creating ads, videos, or other online content that publishes your affiliate URL on websites, Silentish’s brand image needs to be kept in mind. Sites where you advertise cannot be associated with content that’s vulgar, racist, sexual, or otherwise deemed offensive by Silentish!. You must remove all ads and videos from websites deemed offensive within 24 hours of being notified by Silentish!. The Silentish! logo cannot be altered or changed. You are prohibited from creating groups or specific web pages in social communities to publicize Silentish! offers.
We encourage affiliates to engage in search engine optimization and pay per click activities. The only keywords that we restrict affiliates from using are those that include our brand name: Silentish!, The Silentish!, silentish.com,The Social Network | Marketplace for Meditators & Mindful Adults, or any variation or combination therein. You must also not knowingly serve ads that appear in a higher position than Silentish! managed ads. If you are sending paid traffic (PPC, PPV, Media Buys) to Silentish!, it is required to that you send the traffic through a landing page or web property first. We do not allow direct linking without written approval from the affiliate team. You shall not promote Silentish! on coupon sites.
You must not purchase or use domain names containing any Silentish! trademark, including domain names that combine a Silentish! trademark with one or more additional words, letters, numbers, or other characters, or domain names containing any misspelling or other confusingly similar variation of any Silentish! trademark.
We don’t approve self-referrals – you cannot refer yourself, and you will not receive commission on your own accounts.
Clickjacking, linkjacking, typosquating or any sort of domain spoofing methods are prohibited.
Pixel, cookie stuffing or any other type of cookie stuffing without source website visitor’s knowledge is prohibited.
Using traffic generated by pay to read, PPC (pay to click), banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods is prohibited.
9. Customer information
Each customer who visits the Site through your URL must fill out their customer information. All customer information is the sole and exclusive property of Silentish!l and the respective customer. You do not have any right to either (i) participate in any aspect of the information process, or (ii) receive any of the customer’s personal information. This policy prohibits you from receiving customer information directly from customers and subsequently forwarding the customer information to Silentish!. You may request personal information from customers directly related to your own activities, registrations, promotions, etc., but Silentish! will never reveal any personally identifying information about customers or a customer applicant.
10. Term & Termination
This Agreement is effective at the time your application is, at the sole discretion of Silentish!, accepted by Silentish! and you are notified of such acceptance either in writing or electronically. Either party may terminate this Agreement at any time with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove all links to the Site, and all Silentish! trademarks and logos, other marks and all other materials provided in connection with the Program.
Silentish! reserves the right to delete unconfirmed accounts or accounts that have been inactive for extended periods of time. By violating any applicable law or this Agreement, the Agreement will be terminated immediately and the User understands and agrees that any and all accrued commissions will be immediately forfeit and that the User’s account will be immediately terminated.
You release Silentish! (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Silentish! shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
If you use any of our trademarks in reference to our services and/or products, you must include a statement attributing that trademark to us. You must not use any of our trademarks (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, products or services that are not ours; (iii) in a manner that may be confusing, misleading or deceptive; (iv) or in a manner that disparages Silentish! or its information, products or services (including the Site).
You will indemnify and hold Silentish! (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
14. Limitation of Liability
Silentish! will not be liable for indirect, special or consequential damages (or loss of revenue, profits, or data) arising in connection with this Agreement, even if Silentish! has been advised of the possibility of such damages. Further, Silentish!’s aggregate liability arising with respect to this Agreement will not exceed the total referral commissions paid or payable to you under this Agreement.
15. Law & Jurisdiction
If a dispute arises between you and Silentish!, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement will be governed by and construed and interpreted in accordance with the internal laws of the State of California. Any dispute or claim arising out of or in connection with this Agreement or its formation (including non-contractual disputes or claims) must be resolved by a court located in the State of California.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement. You acknowledge that you have all necessary permits to grant us with personal data to fulfill this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement. The User waives any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
We make no express or implied warranties or representations with respect to the Program or this Agreement or any products or services sold by Silentish!. In addition, we make no representation that the operation of the Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
Upon notice from Silentish! you must immediately remove all references to Silentish!, including its name, logo, trademark, service mark or any other identifying material immediately.
You understand that the Site and policies are created and operated to abide by all such rules and regulations and you agree to defend, indemnify and hold Silentish! harmless from any of your violations of laws and regulation, including but not limited to, intellectual property rights, customers’ privacy rights, etc.
You certify that you: (i) are not controlled, supervised, instructed by Silentish! and are free from work rules and discipline; (ii) are free to set your own work schedule; (iii) pay your own business expenses, can hire assistants and provide your own office and all associated services, including computer, printing, telephone; (iv) will be reimbursed only for work done in accordance with this Agreement; (v) are allowed to have other clients.