Updated: January 11th 2021
The purpose of the Bearable Ltd. affiliate programme is to reward Brand Partners also known as Affiliates for any new customers that they refer to Bearable Ltd. by properly advertising the Bearable App through legitimate methods.
By submitting your application form you agree to abide by the terms and conditions detailed in this Agreement.
This Agreement contains the complete terms and conditions that apply to your participation as a member of the Bearable Ltd. Affiliate Programme. This Agreement constitutes the entire agreement between Bearable Ltd. and the Affiliate and any pre-existing agreement or arrangement between Bearable Ltd. and the Affiliate shall be terminated forthwith upon completion of this Agreement, save that any outstanding commissions owed to you prior to the revocation of your affiliate status will be credited to the Affiliate’s account and can be used to purchase Bearable Ltd. products or services.
Your Acceptance of these terms and conditions will be indicated by clicking on the ‘submit’ button on the Bearable Affiliate Partner Application form (found at http://bearable.app/affiliate-partner-program/application).
“this Agreement” shall mean the contents of the contract between Bearable Ltd. and the Affiliate in respect of the Programme.
“Bearable Ltd.” shall mean Bearable Ltd. Limited of (Company No.12089632 ), whose registered office is at Symal House Suite C2, 423 Edgware Road, London, England, NW9 0HU.
‘the App’ shall mean the Bearable App which is available at https://play.google.com/store/apps/details?id=com.bearable and
https://apps.apple.com/us/app/bearable-symptoms-moods/id1482581097
‘The Site’ shall mean the Bearable website http://bearable.app
‘the Programme’ shall mean the affiliate Programme as set out on the Site and that is governed by this Agreement.
‘the Link’ shall mean the HTML link provided from time to time by Bearable Ltd. to link the Affiliate’s website to the App.
‘the Affiliate’ shall mean the party who agrees to take part in the Programme.
2.1) The Programme shall be the affiliate programme as set out on the Site from time to time.
2.2) Bearable Ltd. is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. Bearable Ltd. may make any such change by publishing any revised terms on the Site.
2.3) The Programme is expressly a business-to-business relationship and both Bearable Ltd. and the Affiliate enter into it in a business capacity and not as a consumer.
2.4) The Programme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of Bearable Ltd. other than as an Affiliate as expressly provided for in this Agreement.
3.1) Bearable Ltd. reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2) In particular if Bearable Ltd. deems that the Affiliate’s website, social media profiles, or content is inappropriate for the Programme then this Agreement shall be terminated. The Affiliate’s promotion of the Program may be deemed inappropriate if in the view of Bearable Ltd. it contains, promotes or contains links to sites that are:
3.3) discriminatory, sexually explicit or violent material, or
3.3) promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
3.4) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
3.5) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
3.6) for any other reason that is deemed by Bearable Ltd. (at its sole discretion) to be unsuitable.
3.7) Upon submitting your application to the Program you are not automatically accepted to the Programme. Bearable Ltd. reserves the right to withdraw Affiliate status at anytime after you have been accepted onto the Programme for any reason that Bearable Ltd. deems relevant. Acceptance into the Programme does not mean that Bearable Ltd. has specifically approved the Affiliate or its website.
4.1) In order to receive commissions for referring customers to Bearable Ltd., the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. Bearable Ltd. shall be the sole and absolute arbiter of what constitutes proper advertising.
4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
4.2.1) the forwarding of any urls direct to http://bearable.app (this includes misspells of the above trademark domain); and
4.2.2) forcing cookies through iframes;
4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;
4.2.4) brand bidding (including misspells) for PPC advertising,
4.2.5) including your Bearable Ltd. affiliate link within Unsolicited Commercial Email (UCE) or SPAM,
4.2.6) including any of the Bearable Ltd. URLs in search adverts.
4.3) Affiliates are permitted to promote Bearable Ltd. through various social media communities, as a limited exception to Clause 4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of Bearable Ltd..
4.4) Bearable Ltd. reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on Bearable Ltd. to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.
4.5) Any Affiliate found to be adopting improper methods of advertising for the purpose of the Programme shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of Bearable Ltd..
4.6) Any sales that have been generated through improper advertising will not qualify for commission or credit from Bearable Ltd..
4.7) Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by Bearable Ltd. to them. If Bearable Ltd. elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
5.1) Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer the Bearable Ltd. Services to your site’s visitors and/or its members. The Bearable Ltd. link may contain any picture, text, logo, graphic, that may be attributed with Bearable Ltd..
5.2) Bearable Ltd. reserves the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site or social media profile with the area on our App (the landing page) where your referral may apply for Bearable Ltd. products directly with us. The presence of the Bearable Ltd. link on your site or social media profile will serve to identify you as a member of our Affiliate Programme.
6.1) Once a customer has arrived at our App (Bearable) having followed the Link provided by an affiliate, their actions on our app will be tracked for 30 days using an event trigger associated with the affiliates unique link and promo code. Think of each user as having a 30 day conversion window. The affiliate will earn commission on every user’s first order that is placed during the first 30 day period in which they use the app. If a user does not subscribe to Bearable within their first 30 days of using the app, you will not earn a commission on that user. Bearable Ltd. will not be responsible for commissions missed due to the event in any way failing to track the customer from the Link.
6.2) Once a user has subscribed with an affiliate link, any earned commission is locked for the next 30 days. This is 30 days following the subscription, not the users first session. This is to allow Bearable Ltd. to track refunds associated with affiliate subscriptions. If a subscription made using an affiliate link is refunded in that 30 day window, the value of that commission will be deducted from the affiliate’s next payment. Note that this only applies to refunds and not cancelled subscriptions.
6.3) Affiliates will be paid at the end of the month that follows the 30day refund window. For example, if the affiliate obtains a subscription on December 15th, the earned commission would be locked until January 14th and the payment to the affiliate would be due on January 31st.
6.4) Affiliates will only earn commission fees with respect to activity on our App occurring directly through their unique Link and/or Promo Code.
6.5) Bearable Ltd. is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
6.6) Bearable Ltd. reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement, fraud shall include but not be limited to wittingly violating the terms of this Agreement.
6.7) Bearable Ltd. will only make a payment to the Affiliate when the level of commission due at the end of a given calendar month is above the commission balance threshold.
6.8) the commission balance threshold for the purpose of this agreement is $18.99 (approx. the commission value of five annual subscriptions).
6.9) Bearable Ltd. reserves the sole right to change the commission balance threshold at any time it sees fit without the prior consent of its affiliates. In the event of a commission balance threshold change, Bearable Ltd. shall notify all its affiliates of the change beforehand. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an Affiliate, the Affiliate shall be entitled to terminate this Agreement. If an Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.
6.10) The Affiliate’s continuing participation in the Programme constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.
6.11) Affiliates that exceed the commission balance threshold will be sent payment via PayPal at the end of each month. You must have a PayPal account to partake in this Affiliate Program. Affiliates that do not exceed the commission balance threshold can apply their balance as credit and use it for the renewal of their Bearable Ltd. accounts or use this credit to purchase new Bearable Ltd. products or services.
6.12) Affiliates that do not reach the $18.99 commission balance threshold in one calendar month will not lose their accrued commission, instead, this commission can be used as a credit. Their accrued credit for that particular calendar month will be carried over and applied to the next calendar month, this process shall continue until the client reaches the commission balance threshold when they will be entitled to receive a payment from Bearable Ltd.
6.13) Affiliates will only be paid Commissions for the first order made by their referral customer only. Commissions will not be not paid on orders made by existing Bearable Ltd. customers. Bearable Ltd. will not pay commission for products that an Affiliate purchases for itself through the Link. Bearable Ltd. will simply not recognise this as an Affiliate sale. Web agencies or resellers purchasing domains or products through their account for other people are encouraged to contact Bearable Ltd. directly for information on how they can become eligible for commission.
6.14) The rates of commission payable to the Affiliate from time to time shall be published on the Site and this shall be included in this Agreement. This may be amended or varied by Bearable Ltd. at any time without reference to the Affiliate. Any revised rates of commission payment shall take effect from the day that the amended is published on the site.
6.15) Refunds. A refund can be obtained by a subscriber for up to 30 days following their initial subscription. If a user subscribes to Bearable using an affiliate discount link and later successfully obtains a refund for their subscription. The value of the commission earned for that subscription will be deducted from the next payment due to the affiliate. See 6.2 and 6.3 for details about how this affects payments to the affiliate.
6.16) Billing Errors. If a user subscribes using an affiliate link but their payment fails due to a billing error. A commission will not be earned by the affiliate for this subscription.
6.17) Commission amount. Affiliates will be paid 20% commission on the discounted annual subscription price of $18.99 less the app store fee. As of March 2022, App Store fees are set at 15%. As such, affiliates will be paid 20% of approx. $16.14 per subscription obtained via their unique discount link. The commission amount will always be based on the US price for the app in USD.
6.18) Payment currency. Commission will always be paid to affiliates in the currency Pound Sterling (£) also known as British Pounds. As such, exchanges rates will apply to affiliates with bank accounts based outside of the United Kingdom (UK).
Bearable Ltd. agrees to undertake the following obligations:
7.1) provide all information necessary to allow the Affiliate to make the necessary Link from the Affiliate’s site, and social media profiles, and social media posts to the App.
7.2) processing all orders for Bearable Ltd. products or services placed by a referral following the Link, and/or using the unique promo code,
7.3) tracking the number and amount of relevant sales generated through the Link,
7.4) providing information to you regarding commission payments,
7.5) credit card authorisations, payment processing, cancellations, returns, and all other related customer service for Bearable Ltd. for the purpose of our business, and
7.6) establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.
The Affiliate agrees to be solely responsible for the following and shall keep Bearable Ltd. fully indemnified in respect of:
8.1) the content of the Affiliate’s site or any site that they may be connected to,
8.2) any misrepresentation of Bearable Ltd. or its products or services,
8.3) making of any false claims, representations or warranties in connection with Bearable Ltd.,
8.3) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
8.4) obtaining permission to use another party’s copyrighted or any other proprietary material,
8.5) the development, operation and maintenance of the Affiliate’s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. Bearable Ltd. hereby disclaim all liability for all such matters,
8.6) Affiliates also agree to indemnify and hold harmless Bearable Ltd., its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
8.7) complying with all applicable EU- and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC, and
8.8) the payment of all tax and national insurance payable on any payments made to you by Bearable Ltd..
9.1) Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to Bearable Ltd. other than those mentioned in this Agreement or otherwise provided by Bearable Ltd., without the prior written consent of Bearable Ltd..Bearable Ltd. reserves the right to refuse any request for consent under this Agreement.
10.1) Bearable Ltd. grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the Bearable App through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to Bearable Ltd. and which Bearable Ltd. shall provide to the Affiliate, for the sole purpose of establishing the Link to The Bearable App so customers can purchase Bearable Ltd. products and services.
10.2) Affiliates cannot modify or change the Link or any other materials provided by Bearable Ltd. in any way.
10.3) Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by Bearable Ltd. without first obtaining the prior written consent of Bearable Ltd.. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the Bearable Ltd. brand or any other brands.
10.4) Bearable Ltd. reserves all of its rights in the materials provided and all of its other proprietary rights. Bearable Ltd. shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
10.5) The licenses described in this Section shall expire upon the termination of this Agreement.
10.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by Bearable Ltd. may be cause for immediate termination of this Agreement.
11.1) The terms of this Agreement will begin upon your signup with the Programme and will end when your affiliate account is terminated.
11.2) Upon the termination of this Agreement any commission that has not yet reached the commission threshold shall be turned into credit which can only be used to purchase products or services from Bearable Ltd.. Affiliates that have reached the $18.99 commission threshold will be paid a cheque upon the termination of the Agreement subject always to the terms of this Agreement as shall be published from time to time.
12.1) Bearable Ltd. reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. Bearable Ltd. shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted any modification to this Agreement as published from time to time.
13.1) Bearable Ltd. shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if Bearable Ltd. has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
13.2) Bearable Ltd.’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
13.3) Bearable Ltd. makes no warranties, either express or implied, concerning the performance or functionality of the Bearable Ltd. services, or the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
13.4) Bearable Ltd. shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme or Bearable Ltd..
14.1) This Agreement is governed by, and is construed in accordance with the laws of England and Wales.
14.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
14.3) Bearable Ltd. shall not be liable for the legality of Bearable Ltd. service in countries other than the United Kingdom.
14.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to Bearable Ltd. service from a country other than the United Kingdom or if the Affiliate’s website is on a server in a country other than the United Kingdom.
15.1) By submitting the Affiliate Program Application Form the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.
16.1) You must be at least 18 years of age.
16.2) If you are the parent or legal guardian of a person under the age of 18, you represent and warrant that the minor is of legal age to participate in the Program, you are the legal parent or guardian of the minor whose rights are covered by this Agreement, that you have read the terms of this Agreement and consent to the terms herein and you will not revoke your consent.
16.3) You must have an Instagram, TikTok, Reddit, or Other social media account.
16.4) You must have a PayPal account.
16.5) You must comply with this Agreement to participate in the Program and to receive Commissions. You must promptly provide us with any information that we request to verify your compliance with this Agreement. You must clearly state the following, or any substantially similar statement (the “Disclosure”) on Your Profiles: “As a Bearable Brand Affiliate, I earn from qualifying purchases.”
16.6) You must be kind and respectful to all other Brand Affiliates.
16.7) Your Code is for you to post solely in Your Profiles.
16.8) Participation in the Program does not grant you any rights to sell Bearable items at events of any kind (ex. farmer’s markets, etc.) have received the express written permission by us. Bearable will solely determine the discounts that are made available in the Code. You must not comment with Your Code on any Bearable social media posts or channels (i.e. Instagram, Twitter, Facebook, etc.), even if you see another Brand Affiliate doing it. You must not post Your Code in the comments of any posts from Bearable accounts.
16.9) DO NOT add Your Code to coupon sites, it’s cheating! We check these sites frequently. Remember that the purpose of the Program is to bring new clients to the brand and help spread the Bearable movement!
16.10) Your breach of any of the terms of this Agreement, or any other agreement between you and us, or in connection with the Program (e.g. the PayPal User Agreement, Refersion Terms of Use, Google Terms of Use and Privacy Policy) then, in addition to any other rights or remedies available to us, we reserve the right to permanently (to the extent permitted by applicable law) withhold (and you agree you will not be eligible to receive) any and all Commissions otherwise payable to you under this Agreement, whether or not directly related to such violation without notice and without prejudice to any right of Bearable to recover damages in excess of this amount.
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