Some Sun® (US) Medical Affiliate Program Policy Agreement

Last modified: July 5, 2024

About Some Sun®

Some Sun® is a US-based sun protective clothing brand, specializing in UPF clothing in modern classic styles that speak to today’s aesthetics and demographic needs.

Some Sun offers chic, affordable, high-quality fashion-forward sun protection styles to make protecting your skin and marine life easy.

What do we believe?

Our mission is to make sun protection easy for people of all skin tones and ages, by creating flattering fits and styles in colors and fabrics that feel great and look great. We always believe:

Clothing should have minimal negative impacts on the Earth and people.

With our founder's background in sustainable fabric and apparel development, Some Sun is focused on reducing environmental impacts as much as possible through more sustainable material use (e.g. recycled materials and fabric) and we carefully select our vendors and partners to ensure they have high ethical standards. Our styles are made in small batches to lessen potential waste.

Clothing of any kind should be made to last as long as possible.

We source high quality fabric, ensure our garments are well made, and choose fair price points to match quality. We also look to source and manufacture in the USA whenever possible. 

UPF Testing

Our fabrics and colorways are independently tested using the American Standard AATCC Test Method 183. If a style is used for a wet-case scenario, we test separately for wet ratings. If a style will be used in a dry and wet environment, we choose the lowest UPF rating between the two. We always clearly market and communicate UPF ratings, both at the point of purchase and on product packaging. 

PROGRAM BENEFITS

By joining our affiliate program, you can benefit from the following:

• 5% Default Commission Rate; or as stated by the Affiliate Tool
• 27-day cookie period
• Special Event and Holiday discount codes to share with your community 
• Personal discounts of 25% off orders for 3 styles per calendar quarter
• We may offer free items as new styles are released

PROGRAM DETAILS

• Through the affiliate program we aim to effectively reach people interested in sun protection and skin health
• Target audience: women between 20 to 65+ years of age

PAYMENT TERMS

• Payout is the last day of the month, or once the $50 minimum payout threshold is met

CONTACT US

This program is proactively managed by a dedicated affiliates team. Please feel free to reach out with any questions or concerns you may have by emailing info@somesunclothing.com

 

PROGRAM POLICY 

Please read our terms and conditions carefully before applying to join our affiliate program. It is each affiliate's responsibility to ensure compliance at all times. We look forward to working with you.
 

DEFINITIONS

As used in the below Terms: (i) "somesunclothing.com" “Some Sun” "Some Sun®" "We", "us", or "our" refers to Some Sun LLC. (ii) "You" or "your" refers to the Affiliate (iii) "Our Website" refers to the somesunclothing.com properties located at https://www.somesunclothing.com/ (iv) "Your Website" refers to any Websites that you will link to our Website (v) "Program" refers to the Some Sun Affiliate Program.
 

ENROLLMENT

After receiving your application, we will review your Website and / or digital properties and notify you of your acceptance or rejection into our Program. Please allow up to 48 hours (Mon-Fri) for your application to be approved. We reserve the right to reject any application; however we encourage you to contact us if you feel we have made an incorrect decision. Please include all websites that you use in your profile as that will help us make a better decision.
 

LINKING TO OUR WEBSITE

Upon acceptance into the Program, links will be made available to you through the Affiliate Window interface. You agree that you will only use linking code obtained from Affiliate Window without manipulation. Also, please ensure that all domains where you use our link are listed in your affiliate network profile.

You hereby agree that your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner. Cookie stuffing, pop-ups, and false or misleading links are strictly prohibited. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating). Using redirects to bounce a click off of a domain where the click did not originate in order to give the appearance that it came from that domain is expressly prohibited and is a direct violation of the program. This does not include using "out" redirects from the same domain where the affiliate link is placed.
 

PPC GUIDELINES

If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC Guidelines as follows:

1. You may not bid on any of our trademarked terms, including any variations or misspellings thereof for search or content based campaigns on Google, Yahoo, Bing, Ask or any other advertising network.
2. You may not use our trademark terms in sequence with any other keyword (i.e. Some Sun Coupons).
3. You may not use our trademarked terms in your ad title, ad copy, display name or as the display url.
4. You may not bid against Some Sun LLC’s  own Search Engine Marketing activity.

If you automate your PPC campaigns, the responsibility is on you to exclude our trademark terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding; commissions will be forfeit for a minimum of the past 30 days.

DOMAIN NAMES

Use of any of our copyrighted & trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. somesunclothing.website.com or www.somesun-coupons.com
 

ADVERTISING & PUBLICITY

Affiliates are not permitted to bid on the somesunclothing.com brand name, use any misspelled or variation of the brand, including all references to Some Sun LLC  sites/URLs or at any time be seen bidding against Some Sun LLC’s own Search Engine Marketing activity. 

Please note that commission will only be awarded for promotional offers on Affiliate Window. Manually entered promotional codes, or offers promoted elsewhere will not be awarded commission.

PROMOTION

Some Sun Branding

Capitalize the “S” in “Some Sun”. Do not modify or adjust the Some Sun wordmark or logo in any sort of marketing material you might create, including the creation of any visual badges or dual-logo lockups. If you seek a copy of our branded logo, please reach out to us.

False Statements, Skin Health Education and Sun Protection Benefits

Do not use false or misleading statements on the benefits of using Some Sun or sun protection clothing generally (e.g. “Some Sun prevents skin cancer” “If you use sun protection clothing, you won’t have skin damage”). Some Sun clothing is sun protection clothing, and depending on the style can have different UPF factors. Please take care to promote the benefits of sun protection, and the correct UPF factor for the style, without overstating its health or cosmetic benefits. 
 

TERMS AND CONDITIONS 

PAID PROMOTION TERMS
Policy Definition	Yes	No	Additional Information
If publishers promote you via PPC, will they be entitled to full commission?		X
If publishers directly link to your website from search engines, will they receive full commission?		X
If publishers use your brand name in their display URL, will they receive full commission?		X
If publishers use your brand name in their paid search title and description, will they receive full commission?		X
If publishers add your brand name into their negative keyword list, will they receive full commission?		X
If publishers display their ads when your brand name or variations of your brand name are entered as search keywords, will they receive full commission?		X
If publishers display their ads when misspellings of your brand name are entered as search keywords will they receive full commission?		X
If publishers display their ads when your brand name and another word are entered as search keywords, will they receive full commission? (e.g. Some Sun Shirts)		X
Do you have a restricted group of publishers who can earn commission on sales generated by brand related terms?		X
For any agreed publisher paid search activity, will publishers be paid for sales generated from the following search engines?
Google		X
Yahoo		X
Bing		X
Other		X
Are there any specific search terms (keywords) where sales from publisher PPC ads will not be eligible to earn commission		X
If publishers place shopping ads on a search engine and link directly to your website, are they eligible to receive full commission?		X
If publishers place shopping ads on a search engine such as a Comparison Shopping Service (CSS), does this activity need to be tracked in a separate specific publisher account?		X

1. PAYMENTS & TRANSACTIONS

Policy Definition	Yes	No	Additional Information
Does the transaction value that commissions are paid on include VAT / sales tax?		X
Does the transaction value that commissions are paid on include delivery charges?		X
Does the transaction value that commissions are paid on include credit card fees?		X
Does the transaction value that commissions are paid on include gift wrapping or other service charges?		X
Are commissions not paid out on some products or product categories?		X
For what reasons are commissions declined?
Order canceled	X
Item was returned	X
Customer failed credit check	X
Breach of program terms	X
Duplicate order	X
Item was out of stock	X
Other	X

 

Policy Definition	Yes	No	Additional Information
What promotional types of publishers are allowed to work on your program?
Cashback		X
Community	X
Content	X
Coupon Code		X
E-mail	X
Loyalty	X
Search		X
Behavioural Retargeting		X
Media Brokers		X
Are there any other restrictions that publishers need to consider? For example promoting adult content or age-restricted products.		X

 

US MARKETING REGULATION

It is the Affiliate’s sole responsibility to adhere to US Marketing Regulation and FTC guidelines. Some rules include, but are not limited to:

• Affiliates must disclose in writing that they are using affiliate links and may earn a commission if their audience buys through them. The disclosure must be easy to see, read, and understand. The FTC also requires affiliates to disclose any "material connection" they have to a brand whose products or services they endorse.
• Fair Credit Reporting Act (FCRA). The FCRA prohibits companies from using information received from an affiliate to solicit consumers for marketing purposes unless they give the consumer notice and an opportunity to opt out.
• Intellectual property rights. Stealing content to promote affiliate links may violate the intellectual property rights of the content owner.

REQUIREMENTS FOR PAYMENT

Notwithstanding the foregoing or anything to the contrary in this Agreement, if any of the requirements for commission payment remain outstanding for six (6) months immediately following the close of a Customer Transaction, then your right to receive Commission arising from any and all Customer Transactions with the associated Customer will be forever forfeited (each, a “Forfeited Transaction”). We will have no obligation to pay you commission associated with a Forfeited Transaction. 

TAXES

You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us. 

COMMISSION

We reserve the right to alter or change the Commission amount.

TERM

This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.

Termination Without Cause and for Agreement Changes.  Both you and we may terminate this Agreement on fifteen (15) days written notice to the other party.

Termination for Cause.  We may terminate this Agreement: (i) upon fifteen (15) days’ notice to you of a material breach if such breach remains uncured at the expiration of such period, (ii) immediately, if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, (iii) immediately, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.

Effects of Expiration/Termination.  Expiration of this Agreement, and termination of this Agreement: (i) without cause by us,(ii) by you with cause, (iii) by you according to the ‘Termination for Agreement Changes’ section, shall not affect our obligation to pay you a Commission, so long as the related payment by the Customer Transaction is recognized by us within thirty (30) days after the date of such termination or expiration. We will not pay you fees on Customer Transactions recognized by us after thirty (30) days after the date of such termination or expiration set out above.  You are not eligible to receive a Commission payment after expiration or termination of this Agreement. Upon termination or expiration, you will immediately discontinue all use of our trademark and references to this Affiliate Program from your website(s) and other collateral. 

AFFILIATE REPRESENTATION AND WARRANTIES

You represent and warrant that: (i) you have all sufficient rights and permissions to participate in the Affiliate Program and to provision Some Sun with Affiliate Lead’s for our use in sales and marketing efforts or as otherwise set forth in this Agreement, (ii) your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements; and (iii) you own or have sufficient rights to use and to grant to us our right to use the Affiliate Marks.

You further represent and warrant that: (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are a Some Sun Affiliate on any website(s) you own where you make an Affiliate Link available); (ii) you will not purchase ads that direct to your site(s) or through an Affiliate Link that could be considered as competing with Some Sun’s own advertising, including, but not limited to, our branded keywords; (iii) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (v) you will not attempt to mask the referring URL information; (iv) you will not use your own Affiliate Link to purchase Some Sun products for yourself; and (v) you will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames), or offering incentives to encourage purchases or signups.  

Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR QUALITIES OF THE SOME SUN PRODUCTS, SOME SUN CONTENT, THE AFFILIATE PROGRAM OR THE AFFILIATE TOOL FOR ANY PURPOSE. SOME SUN PRODUCTS  ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SOME SUN PRODUCTS AND THE AFFILIATE TOOL INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ADDITIONALLY WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO FALSE PRODUCT CLAIMS MADE BY THE AFFILIATE.

No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.

Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.

Affiliate Tool. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THE AFFILIATE TOOL THAT YOU USE.  WE DO NOT PROMISE TO MAKE THE AFFILIATE TOOL AVAILABLE TO YOU, AND WE MAY CHOOSE TO DO SO, OR NOT TO DO SO, IN OUR DISCRETION.

Cookie Duration. COOKIES USED AS PART OF THE AFFILIATE TOOL HAVE A SET DURATION. IF A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, SOME SUN SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY HAVE BEEN OWED TO YOU.