Thank you for applying to the Affiliate Program for Xero Shoes by Feel The World, Inc.
By clicking on the “I Agree” button to submit this application, you acknowledge that you have read this Agreement (the "Agreement"), understand it, and agree to be bound by its terms and conditions if your application is accepted. This is a legally binding Agreement.
Affiliate Terms and Conditions
You are participating in this program solely to legally advertise our website and to receive commissions on items purchased by customers referred to our website by you.
A commission of 10% of net sales will be paid on all collected online sales trackable to your affiliate link. Net sales means the amount remaining after deductions for: shipping, handling, sales tax, duty, and any discounts applied from redemptions of gift certificates, coupons, sales or credits with respect to such sales, have been deducted. You cannot refer yourself or receive commissions on your own accounts. Commissions are only given for retail sales. Wholesale sales are not eligible for commissions. In order to receive a commission payment, you must have a minimum of $20 in payable commissions. If the amount payable is less than that, the balance will be carried forward and paid once the $20 threshold is reached.
Commission payments will be made on the 5 th day of each month for commissions approved during the previous month. Commissions will be approved 30 days after shipment. For example, if an affiliate sale is made on January 20th, the commission will be approved on February 20 th and paid on March 5th. Commissions will not be rewarded for sales involving returned goods, credit card fraud, bad debts, cancellations and chargebacks. No commission will be paid if the visitor to our site cannot be tracked to your affiliate link by our system. No commissions will be paid on any fraud, duplicates, system test or other bogus transactions. It is our sole discretion to determine if transactions are legitimate.
Commission payments will be made via Paypal unless we approve special arrangements for affiliates who do not have access to Paypal. This commission rate is subject to change at any time subject to our sole discretion. You will be notified vial email if the commission rate changes.
If you have commissions owing but we have been unable to pay you, your account may be considered abandoned. This will happen if the account has not been logged into for a period of 6 months and/or the address provided for commission payments is invalid. If an account is determined to be abandoned after a period of 6 months, you have disclaimed your right to the commission.
When a visitor clicks through your affiliate link or a “Direct Link” on your registered website, a cookie is set in their browser that contains your affiliate ID. Also, their IP address is tracked in the database along with your affiliate ID. When this person decides to buy a product from us, the script will both look for this cookie and try to match their IP address to identify the affiliate who will be awarded the commission. Our cookies expire after 365 days, so repeat visitors that do not come directly from your site will still count towards your commissions for 365 days, unless the cookie is otherwise removed by the user, or the customer comes through another affiliate’s link, wherein the new affiliate’s cookie will overwrite the original cookie. We do this to allow fairness for all new affiliates targeting this market. For a sale to generate a commission, the customer must follow the link from your site to our site, purchase the products in question using our online ordering system, accept delivery of the item at the shipping destination, and remit full payment to us. If a customer returns an item after the commission has been paid, the amount of the commission on the returned item will be deducted from future commission payments.
You will receive a password that will allow you access to a site where you can review your unaudited sales statistics. The form, content and frequency of these reports may vary from time to time at our discretion.
You agree that you will conduct your business as an affiliate in a professional manner and in compliance with all applicable laws. You agree to use only accepted, legal marketing practices to generate sales in our affiliate program and will not knowingly benefit from traffic generated using unaccepted or illegal marketing practices. This obligation remains regardless of whether or not it causes Feel The World, Inc. or the affiliate program any harm.
Affiliates must disclose clearly and conspicuously on each post (whether or not you include an affiliate link in that particular post) that you have a connection with our company and that you may be compensated for sales that you refer.
Disclosure of Your Relationship with our Brand: All posts on social media platforms, as well as blog and videos posts made in connection with Xero Shoes must include a prominent disclosure of the relationship between you and the brand. This also applies to posts where you are wearing our products, but do not mention the Xero Shoes brand directly. For Instagram and Facebook posts, the disclosure must appear in the first three lines of the first comment. For Instagram Stories or other short videos, the disclosure must be written on the screen in legible type in a color and font size that is noticeable.
Disclosure of Free Products or Other Benefits: Any social media posts (including videos) you make referencing or showing the brand or our products must include a prominent disclosure if affiliate commissions or other benefits may be earned or provided to you (e.g., Xero Hero status, coupons, free review products, or affiliate fees). See below for examples of clear and prominent placement.
Ways to Disclose: While hashtags are not necessary, including #Ad, #PaidXeroPartner or #PaidXeroAffiliate (do NOT use #affiliate) in your post is an easy way to fulfill your disclosure obligation. This works for posts that include affiliate links or post where you are wearing our products without links. Or you may include the disclosure in simple language in the body of the post itself (e.g., “I am proud to be a Xero Shoes affiliate and may receive compensation for referring the Xero Shoes brand.”). Thanking the brand or tagging our account @xeroshoes is NOT enough. For video reviews, either announce the disclosure at the start of the video or place it on the screen in legible type. When in doubt, all posts shall conform with the Federal Trade Commission’s (FTC) Endorsement Guides and its most current guidance regarding the guides. See https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking. Do not use #Xero or @Xero (these are names used by other companies).
Honest Views and Experiences: Trust, transparency and truthfulness is important to our brand. You agree that your statements will always reflect your honest views, opinions and experiences with any Xero Shoes product(s).
Third-Party Content: Social media posts shall not include videos, music or photos that are the property of third parties without their written permission. Do not post or repost photos or videos without written permission from everyone appearing in the photo/video and the photo/video creator.
Third Party Rights of Publicity/Privacy: Social media posts may not include images or names of celebrities or public figures without their prior written permission and the written permission of Xero Shoes. You may not post, repost, share, or reshare photos or videos including minors (namely, individuals who are under the age 18 or the age of majority in their state of residence) without written consent from a parent or legal guardian, preferably both parents if possible.
Honesty and Indemnity: As trust and transparency is very important to us and our brand, you agree to be honest in social media, including being transparent about your relationship with us and complying with these terms and conditions. You agree to indemnify and hold harmless Xero Shoes for your willful and material non-compliance with these terms and conditions.
Your affiliate status in the program may be suspended or terminated at any time and for any reason at our sole discretion. The following are some examples of unacceptable marketing activities that will result in immediate termination of your account. The following are listed for purposes of illustration only and this list is not exhaustive:
Engagement in any of the above listed activities will result in immediate termination of your account and the forfeiture of all commissions. Feel the World, Inc. will not be held liable for any legal action against you nor be financially responsible for any fines owed by you as a result of any illegal or fraudulent actions by you.
Should you use paid advertising, you agree to refrain from bidding on any competitor’s branded names, such as Vibram Five Fingers, Luna Sandals, etc.
As an affiliate, we will make available to you banners, button links to our site and/or text links to our site (the “Links”), containing our logo and words identifying our company and products. In using the Links, you agree that you will take full responsibility in maintaining all such Links. You shall not alter, modify or expand the Links in any way without our written consent. If the HTML code is altered after copying from that web page, we take no responsibility for you receiving credit for any sale. Any change you make may cause the tracking to no longer function correctly. You agree to ensure that each link connecting users of your site to our site will in no way alter the look, feel or functionality of our site. You may use the Links both on your website and within in your non-spam email messages. You may also advertise our website “offline” in classified ads, magazines, and newspapers. You may use only the graphics and text provided to you by us, unless we have approved any other text, graphics or advertising material in writing before you use it.
You are allowed to display the prices of Feel The World, Inc’s products on your website, but you are responsible for keeping your information on pricing up-to-date as we from time to time will post specials, discounts or change product pricing at our sole discretion. We do not guarantee the availability or price of any particular product.
You are not authorized to make any representations or warranties about our products or on our behalf (other than representations or warranties in the content we have provided to you or have approved in writing) or to enter into any commitments on our behalf. We reserve the right to require, at our sole discretion, the correction or deletion of any material from any of your advertising, promotion or publicity relating to Feel The World, Inc’s products.
You must place the appropriate copyright and trademark notices when using our names, logos, etc. You agree not to use the Links, our trademarks, images, content, or intellectual property of any type for activities other than driving affiliate transactions to our website.
We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
Xero Shoes reserves the right in our sole discretion to periodically monitor your site, social media posts and/or other marketing for compliance with Affiliate Terms and Conditions. If we find that you are not in full compliance, including, but not limited to Sections 6 (Disclosure) and 12 (Marketing Claims), we will ask that you revise your posts and/or other marketing immediately and/or we may choose to discontinue our relationship with you. Whether or not we timely monitor your actions, you agree to comply with all laws and regulations regarding your social media posts, including but not limited to the requirements of the FTC.
You are an independent contractor, and nothing in this Agreement will establish a joint venture, partnership, agency, franchise, sales representative, or employment relationship of any kind. You agree that you are responsible for payment of all taxes arising from your participation in our affiliate program. No taxes will be withheld from your commission payments.
This relationship is non-exclusive for both parties, meaning you are free to be an affiliate of other companies and we are free to contract with other affiliates.
We may contact you via email for the purpose of informing you of any changes or additions to this affiliate program or for other matters related to this affiliate program.
We grant you a non-exclusive, non-transferable, revocable right to access our site through Links solely in accordance with the terms of this Agreement, and in connection with such Links, to use our logos, trade names, trademarks and similar identifying material (collectively, the “Trademarks”) solely for the purpose of generating sales through our affiliate program. You may not alter, modify or change the Links, the Trademarks, or any other graphical images or text content that we provide to you or otherwise have approved in accordance with this Agreement. The use of any of the Links, the Trademarks, graphical images or text content are only extended to members in good standing of our program. All Trademarks, images, technology, and content provided for your use shall remain the sole property of Feel The World, Inc.
If you see logos, trademarked items or other content that is not in the materials available to affiliates in the marketing section of our website and you wish to use them on your site, you may not use them without prior written permission. Permission to use these items is not to be construed as Feel The World, Inc. giving you any legal ownership or rights to these logos, trademarks or other content other than the limited license granted pursuant to this section.
You may not register any TLDs (top level domains) in any country using our Trademarks without written permission in advance. The rights granted to you pursuant to this section shall terminate upon the effective date of the termination of this Agreement.
Fair, Not False Advertising: You agree that all advertising and marketing of product shall be in full compliance with Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1), which declares unfair methods of competition and unfair or deceptive acts or practices unlawful, and applicable Federal Trade Commission regulations on deceptive advertising. The Federal Trade Commission has made it clear that distributing marketing claims without prior reasonable substantiation to back up such claims constitutes an unfair and deceptive act or practice in violation of Section 5 of the FTC Act.
Performance or Medical Claims: You understand that the science behind the benefits of minimalist shoes is still preliminary and the FTC does not permit sales and marketing to contain any claims of unsubstantiated health benefits. As such, do not make performance guarantees or claims that the shoes or the brand affect any structure or function of the body. Do not make medical claims or claims that the shoes or our brand prevent or treat any disease. (e.g., Xero Shoes cured my plantar fasciitis).
Prohibited Content: Your posts may not include language that is offensive, defamatory, promotes racism, bigotry, hatred, illegal activities, or physical harm of any kind to any individual or group.
Monitoring: Xero Shoes will be periodically monitoring your social media posts for compliance with these Social Media terms and conditions. If we find that you are not in full compliance, we will ask that you revise your posts immediately and/or we may choose to discontinue our relationship with you at any time. Whether or not we timely monitor your actions, you agree to be bound by these terms and conditions and comply with all laws and regulations regarding your social media posts, including but not limited to the requirements of the FTC.
Feel The World, Inc. shall not be liable to you, or any other third party, and shall be held harmless for any loss, cost, damage or expense incurred in connection with the promotion, marketing and advertising of our products and services. In no event shall we be liable for any indirect, incidental, consequential, special or exemplary damages, including without limitation, loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not we had been advised of the possibility thereof. Our maximum aggregate liability shall not exceed the total outstanding commission fees payable to you under to this Agreement. Feel The World, Inc. will also not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files and other technical problems, and any results of “intents of harm” to the program and/or to our website. We do not make any expressed or implied warranties with respect to the affiliate program, our website, and/or the products or services sold by us. We make no claim that the operation of the affiliate program and/or our website will be error-free and we will not be liable for any interruptions or errors.
Except as set forth in this Agreement, we make no warranties of any kind to any person with respect to this affiliate program, this includes the affiliate program availability or lack thereof or any data or materials supplied thereby, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose or non-infringement. We make no representation that the operation of any of our computer systems will be uninterrupted, or error-free, and will not be liable for the consequences of any interruptions or errors, therefore you accept that our computer systems, products, and services are provided on an as-is basis. We also do not guarantee or predict any type of profit from your participation in our affiliate program.
You shall defend, indemnify, and hold Feel The World, Inc. and their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorneys’ fees, resulting from, arising out of, or in any way connected with: (a) any breach by you of any warranty, representation, or Agreement contained in this Agreement; (b) the performance of your duties and obligations under this Agreement; (c) your negligence; or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our content or this affiliate program. You agree that these terms and conditions will be bound by and interpreted using Colorado law, without consideration of any conflicts of law analysis.
The terms of this Agreement begin upon your acceptance in the Feel The World, Inc. Affiliate Program. You will be notified via email if we accept your affiliate application. This Agreement will end when terminated by either party and may be terminated at any time. The terms of this Agreement may be modified by us at any time. If this Agreement is terminated or modified, you will be notified via email. If any modification to the terms of this Agreement is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
This Agreement will be governed by the laws of the United States and the State of Colorado, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in or closest to Boulder, Colorado, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
You grant Xero Shoes, its affiliates, representatives, agencies, and employees, the full right to repost / reshare / use worldwide without restriction and in any form or format, any content you post including photos and videos you make or which feature you wearing, reviewing, and/or referencing Xero Shoes in any form or manner.
This Agreement replaces, supersedes and cancels all previous arrangements, understandings or Agreements between the parties either oral or written with respect to the subject matter of this Agreement and expresses and constitutes the entire Agreement between the parties.