Affiliate Program Terms & Conditions
These Terms & Conditions are updated as of: 8 September 2023
Here is a list of main Fikabröd affiliate program terms you should know about before signing up:
- Self-referrals are not allowed (signing up for Fikabröd through your own referral link).
- Engaging in abusive behavior, gaming, or any form of customer deception, including sharing fake discounts on bargain-sharing websites, will lead to the termination of your account.
- The use of any paid advertisements, such as search engine ads (particularly utilizing branded terms or domain names), Facebook ads, Instagram ads, YouTube ads, TikTok ads, or other similar ads that may rival our marketing efforts and potentially confuse our customers, is strictly prohibited.
- It is strictly forbidden to create any form of representation, including domain names (or misspelled variations), code, designs, imagery, text, videos, or any other means, that could mislead customers into believing that your website is affiliated with or related to Fikabröd’s website.
- Creation of websites to solely promote Fikabröd subscriptions requires a prior written approval from our Affiliate Program Manager.
- We do not work with coupon, bargain, or cashback websites.
- In certain situations, we will acknowledge your contribution if you referred a customer, even if they didn’t sign up using your referral link or coupon code. If you encounter such a scenario and possess evidence of your referral, please reach out to us via email, and we will make every effort to assist you.
- If any of the terms outlined in this Agreement are violated, we reserve the right to terminate your affiliate account at any time. Commissions generated through methods that violate our Terms of Service will not be owed or paid.
- After a period of 6 months without any activity, we reserve the right to terminate your account. If this occurs, any unpaid commissions that are below the minimum payout threshold will be voided.
- Affiliates will not receive Fikabröd’s monthly boxes for free simply by participating in the Affiliate Program.
- We maintain the right to modify or revise our Affiliate Program Terms & Conditions whenever necessary.
Affiliate commissions are paid:
- Monthly (usually on the 20th, provided it’s not a public holiday or a weekend day)
- Commissions are paid via PayPal.
- To ensure you receive commissions, you must provide a valid PayPal email address.
- Minimum payout threshold is $20 USD, unless otherwise stated for your particular campaign. Unpaid commissions will accumulate in your affiliate account until you reach this threshold.
I. LEGAL NOTICE REGARDING THESE TERMS
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING FIKABRÖD’S AFFILIATE PROGRAM. THE TERMS OF THIS AGREEMENT AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THIS AGREEMENT IS SUBJECT TO A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS PURSUANT TO SECTION XI, BELOW.
II. USER AGREEMENT
These Affiliate Program Terms & Conditions (“Terms”) govern your participation in the Fikabröd Affiliate Program (“Program”) offered by Fikabrod, LLC. (“Company”). By enrolling in the Affiliate Program, you are bound by these Terms. We strongly recommend reviewing these Terms thoroughly before becoming a member of our Program. The use of the Program, Sites, Content, and Services is subject to these Terms & Conditions (the “Terms & Conditions”, or “Terms”) and our privacy policy (the “Privacy Policy”). By registering for, using, or otherwise accessing the Program, Site, Content, and Services, you accept and agree to these Terms, as well as any additional terms or conditions that may be issued from time to time by Fikabröd. You further consent to the collection, use, and disclosure of information provided to Fikabröd as described in our Privacy Policy. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS & CONDITIONS, DO NOT USE THE PROGAM, SITES, OR SERVICES. These Terms & Conditions constitute a legal agreement between you and Fikabrod, LLC, and shall apply to your use of the Program, Sites, and the Services even after termination. Fikabröd may issue additional terms, conditions, and rules of participation, including conditions required by various state rules and regulations. The additions of these terms, conditions, and rules may impact your experience or participation in the Program. By participating in the Program, you agree to be bound by any such additional terms, conditions, and rules issued by Fikabröd.
III. ENROLLMENT IN THE PROGRAM
3.1 Privacy Policy: To participate in our Program, you are required to enter personal information. All of this information is subject to our Privacy Policy: www.fikabrodbox.com/privacy-policy
3.2 Eligibility: To be eligible for the Program, you must be at least 18 years old, a legal resident of the United States, and have the legal authority to enter into a binding agreement. Companies, organizations, and individuals are welcome to participate. Accounts registered using automations (e.g., by bots or other means) are not permitted.
3.3 Registration: To enroll in the Program, you must complete the affiliate registration form available on our website. We reserve the right to accept or reject any affiliate application at our sole discretion.
IV. AFFILIATE RESPONSIBILITIES
4.1 Promotion: As an affiliate, you agree to actively promote and market Fikabröd by sharing your unique referral link or referral code as provided by our software.
4.2 Compliance: You shall adhere to all applicable laws, regulations, and ethical guidelines in your promotion of Fikabröd. This includes, but is not limited to, complying with anti-spam laws, privacy laws, and intellectual property rights. You also agree that your website, service, or correspondence does not contain any materials that at Fikabröd’s sole discretion are considered to:
4.2.1 Encourage the display of explicit nudity, adult-oriented material, explicit sexual language, as well as images depicting individuals in suggestive or sexually explicit positions or engaging in activities that are inappropriate or against the law in your specific location;
4.2.2 Include content that is violent, obscene, defamatory, libelous, slanderous, or unlawful;
4.2.3 Encouraging expressions of hatred, whether targeting an individual or a collective, and regardless of their race, gender, beliefs, country of origin, religion, marital status, sexual orientation, gender identity, or language;
4.2.4 Include any materials that violate or facilitate the violation of copyright, trademark, or other intellectual property rights, or that contravene the law;
4.2.5 Include “Fikabröd” or variations or misspellings thereof in its domain name as keywords in PPC campaigns;
4.2.6 Advocate for political or religious ideologies and/or demonstrate affiliations with hate, criminal, or terrorist acts;
4.2.7 Encourage gambling activities, encompassing but not limited to online casinos, sports betting platforms, bingo halls, or poker rooms;
4.2.8 Contain software downloads that potentially enable diversions of commission from other Partners in our program;
4.2.9 Make representations through domain name, code, designs, imagery, video, text or otherwise that makes your website resemble the Fikabröd website in a manner which leads customers to believe you are the Fikabröd website, business, or a legal representative of Fikabröd in any way. Creation of separate websites to solely promote Fikabröd requires a prior written approval from Affiliate Program Manager.
4.2.10 Offer coupons, rebates, or other forms of kickbacks from your Commission as an incentive. Adding bonuses or bundling other products with Fikabröd, however, is acceptable, if prior permission is received from the Affiliate Program Manager;
4.2.11 Make false claims and promote non-existing discounts, coupons, bargains or use other misleading strategies to gain traffic through the partner links;
4.2.12 Promote any special deal or offer in a way that contradicts the arrangement set forth by the Partner Program Manager when offering such a deal to you;
4.2.13 Create pop-unders, pop-ups, frames, iframes, or any other visible or invisible activities that place affiliate cookies without obtaining the consent of the end user, unless the user has clearly and explicitly indicated their interest in accessing specific savings by clicking on a prominently labeled button, link, or image related to that specific deal or discount. In such instances, the links should lead users to the Fikabröd website.
4.3 Accurate Representation: When promoting Fikabröd, you must accurately represent the Company and its offerings. You may not engage in any deceptive, misleading, or fraudulent practices that could damage the Company’s reputation.
4.4 Prohibited Activities: You shall not engage in any activities that could harm Fikabröd, its customers, or affiliates. This includes, but is not limited to, using illegal or unethical methods to drive traffic or generate referrals, such as spamming, cookie stuffing, or incentivized referrals. Further restrictions:
4.4.1 We do not work with coupon, bargain, or cashback websites. Any discounts provided to you must not be displayed publicly. If a non-coupon, cashback, or discount website displays a discount or a coupon after receiving prior written consent from our Affiliate Program Manager, user must be able to clearly see such deal/coupon/savings information and details before affiliate cookie is set. (Sites with links to “click here to see coupon” which redirects to the Fikabröd website are not allowed.)
4.4.2 Your site may not have “Click to see Coupon/Deal” or any variation that redirects to Fikabröd website, when there are no coupons or deals available. Affiliates using this tactic will be removed from our program immediately.
4.4.3 You may not bid on or use keywords or phrases, such as Fikabröd Coupon(s), Fikabröd Discount(s) or other phrases implying coupons are available. The use of any incorrect spellings of our brand name, either alone or in conjunction with words like coupon, deal, savings, or any similar variations or synonyms, is strictly forbidden.
4.4.4 You may not use any misleading content, messaging, referral links, buttons, or images to advertise anything else besides deals that are currently authorized. Your marketing endeavors should have a clearly discernible commercial objective.
4.4.5. You have the exclusive responsibility for maintaining and updating the information on your website. For instance, if there are any changes to Fikabröd’s pricing policy, it will be your duty to ensure that this information is updated. In certain cases, we may monitor your site to ensure it remains current, and we will notify you of any changes that we believe could improve your performance.
4.4.6 You are limited to creating and using a single account as our affiliate. However, within that account, you are permitted to use multiple domains.
4.4.7 Referring oneself, immediate family members, or the company one works for through a referral link is strictly forbidden. This implies that commissions will not be granted for any personal purchases made by oneself, immediate family members, or the affiliated company.
4.4.8. Creating another account in our Affiliate Program is not permitted if your previous account has been terminated.
V. COMMISSION STRUCTURE & PAYMENT
5.1 Commission Rates: The details of applicable commission rates can be found on your dashboard once you register for the program. These rates are subject to change at the Company’s discretion and will be communicated to you in advance.
5.2 Qualified Referrals: A qualified referral is a customer who signs up for a paid subscription to Fikabröd using your unique referral link or referral code. Only qualified referrals are eligible for commission payouts.
5.3 Commission Payouts: Commissions earned will be paid out once a month usually on the 20th day of the month, unless it falls on the weekend or public holiday, in which case commissions will be paid on the first business day following the holiday or weekend day. The Company reserves the right to modify the payout schedule at any time. Payouts will be made in USD.
5.4 Minimum Payout: A minimum commission threshold of $20 is applied before a payout can be made, unless otherwise stated for your particular campaign. Commissions will accrue until this threshold is met.
5.5 Payment Method: Commissions are paid via PayPal. It is your responsibility to provide a valid PayPal email address and update it as necessary.
5.6 Inactivity: If a partner’s account remains inactive for 6 months and their balance is $20 or less, it will be deleted from our system. In such cases, any commissions below the minimum payout threshold of $20 will be lost.
5.7 Monthly Fikabröd Boxes: Affiliates will not receive Fikabröd’s monthly boxes for free simply by participating in the Affiliate Program. Participation in the Program does not automatically warrant or guarantee a Fikabröd subscription.
VI. TERM & TERMINATION
6.1 Term: These Terms will remain in effect until terminated by either party. You may terminate your participation in the Program at any time by providing written notice to the Company.
6.2 Termination for Cause: The Company reserves the right to terminate your participation in the Program immediately if you violate these Terms or engage in any prohibited activities.
6.3 Effect of Termination: Upon termination, you will no longer be eligible to earn commissions. Any unpaid commissions earned before the termination date that are below the minimum payout threshold of $20 will be voided.
VII. INTELLECTUAL PROPERTY
7.1 Limited License: The Company grants you a non-exclusive, non-transferable, revocable license to use its logos, trademarks, and promotional materials solely for the purpose of promoting Fikabröd as an affiliate.
7.2 Intellectual Property Rights: You acknowledge that all intellectual property rights in Fikabröd, its trademarks, and associated materials belong to the Company. You shall not modify, reproduce, or distribute any of these materials without the Company’s prior written consent.
VIII. INDEMNIFICATION
By registering for and using the Sites, Program, Content, and Services you agree to indemnify and defend Fikabröd, as well as our subsidiaries, affiliates, officers, employees, shareholders, agents and representatives in respect to all liability, claims, damages, expenses, or losses of any kind, including reasonable attorneys’ fees and costs, that arise or result from your use of the Sites, Program, Content, or Services. You further agree to indemnify and defend the same against any liability, claim, damage, expense, or loss of any kind that arises from: 1) your violation of these Terms & Conditions, and 2) any act you take in connection with your use of the Program that implicates your publicity rights or privacy rights. Fikabröd reserves the right to assume its own exclusive defense, and to control any matter that would otherwise be subject to indemnification by you. If Fikabröd exercises this right we will bear the cost of such defense, and you hereby agree to cooperate in Fikabröd’s defense of said matter.
IX. DISCLAIMER OF WARRANTY
You expressly agree and acknowledge that your use of the Sites, Program, Content, and Services is done so voluntarily and at your own risk. The Sites, Program, Content, and Services are provided both as-is and as available, without express or implied warranty of any kind including, but without limitation, any warranty of merchantability, non-infringement, or fitness for any particular purpose.
Fikabröd will not be liable for any damages of any kind arising from the use of the Sites, Program, Content, or Services, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. We make no warranty that the Sites are free from infection by viruses or anything else that has contaminating or destructive properties.
You further expressly agree and acknowledge that Fikabröd has no control over, and no obligation to control: 1) which users access or use the Sites, Program, Content, or Services, 2) the effects that said use may have on you, or 3) the effects of your access to the Sites, Program, Content, and Services on you, and the actions you take as a result of your access to them. Therefore, you hereby expressly release Fikabröd from any and all liability stemming from your access to the Sites, Program, Content, and Services, and from your access, lack of access, acquisition, or lack of acquisition of any content from the same.
Through the Program and Services, Fikabröd or third parties may provide links to other websites, applications, or resources. You acknowledge and agree that Fikabröd has no control over such websites, applications, and resources and, as such, that Fikabröd is not responsible for the availability of the same. You further acknowledge and agree that Fikabröd does not endorse, and is not responsible or liable for, any content, advertising, products, or other material on or available from such sites, applications, and resources. You further acknowledge and accept that Fikabröd shall not be responsible or liable, either directly or indirectly, for any damage, harm, or loss caused by or in connection with your use or reliance on any content, information, goods, or services available through any such website, application, or resource.
X. LIMITATION OF LIABILITY
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY AND SOLELY RESPONSIBILITY FOR YOUR USE OF THE SITES, PROGRAM, CONTENT, AND SERVICES. YOU FURTHER ACKNOWLEDGE THAT YOUR USE OF THE SITES, PROGRAM, CONTENT, AND SERVICES IS VOLUNTARY AND DONE AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE, PROGRAM, AND SERVICES MAY NOT BE SECURE AND MAY BE SEEN, INTERCEPTED, OR ACQUIRED BY UNAUTHORIZED PARTIES. THEREFORE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FIKABRÖD NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, RESULTING FROM: 1) THE SITES, PROGRAM, CONTENT, OR SERVICES, 2) YOUR USE OR THE INABILITY TO USE THE SITES, PROGRAM, OR SERVICE, 3) THE UNAUTHORIZED ACCESS TO, OR MODIFICATION OF YOUR INFORMATION, TRANSMISSIONS, OR DATA, 4) THE STATEMENTS, ACTIONS, OR CONDUCT OF ANY THIRD PARTY ON THE SITES, PROGRAM, CONTENT, OR SERVICES, 5) ANY ACTIONS THAT FIKABRÖD TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, 6) ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INACCURATE, OR OTHERWISE INVALID ENTRY INFORMATION, 7) ANY HUMAN ERRORS, 8) ANY TECHNICAL MALFUNCTIONS THAT IMPACT THE SITES, PROGRAM, CONTENT, OR SERVICES, 9) ANY FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES THAT IMPACT THE SITES, PROGRAM, CONTENT, OR SERVICES, 10) OMISSIONS, INTERRUPTIONS, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT A USER TO PARTICIPATE IN THE PROGRAM OR SERVICES OR INTERFERE WITH A USER’S ACCESS TO THE PROGRAM OR SERVICES, 11) ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT, 12) THE INABILITY TO FULLY ACCESS THE SITES, PROGRAM, OR SERVICES OR ANY OTHER WEBSITE, 13) ANY THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, IMAGES, OR OTHER CONTENT OF ANY KIND, 14) DATA THAT IS PROCESSED LATE OR INCORRECTLY OR THAT IS INCOMPLETE OR LOST, 15) TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF, OR 16) ANY OTHER MATTER RELATING TO THE SITES, PROGRAM, CONTENT, AND/OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FIKABRÖD’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION INITIATED IN ANY FORM AND FOR ANY REASON WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FIKABRÖD FOR GENERAL USE OF THE SITES, PROGRAM, OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITES, PROGRAM, AND SERVICES, NOT INCLUDING ANY PAYMENTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO SAID CLAIM.
XI. ARBITRATION CLAUSE AND CLASS ACTION WAIVER
THE FOLLOWING TERMS MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. ACCORDINGLY, PLEASE READ THIS SECTION CAREFULLY BEFORE CREATING AN ACCOUNT OR USING THE PROGRAM.
11.1. Informal Dispute Resolution: Any questions, concerns, issues, or disputes you have regarding the Program, Sites, Content, or Services can be directed to our Affiliate Program Manager by email at affiliates@fikabrodbox.com. The Affiliate Program Manager is able to resolve most questions, concerns, issues, and disputes quickly and to our users’ satisfaction. Fikabröd will, and you agree to, use best reasonable efforts to resolve any questions, concerns, issues, or disputes by good faith negotiation through the Affiliate Program Manager, and the satisfaction of this requirement shall be a required condition to either party initiating arbitration, or any further legal action regarding the matter in question.
11.2. Binding Arbitration: In the event that negotiation through the Affiliate Program Manager, as described above, fails to yield an agreeable solution within a period of thirty (30) days from the time informal dispute resolution is initiated, then either you or Fikabröd may initiate arbitration, which shall be the sole means to resolve the claim. Such arbitration shall be binding, and shall be subject to the terms set forth below.
The binding arbitration will take place in Atlanta, Georgia. Arbitration will be administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its rules and procedures. The arbitrator shall have exclusive authority to issue a final, binding resolution of all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms & Conditions including, but not limited to any claim that these Terms are, in whole or in any part, void or voidable, or any claim that a dispute is not subject to arbitration. The arbitrator shall be authorized and empowered to grant any relief otherwise available in a court of law or equity. The arbitrator’s award shall be written, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Fikabröd will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Fikabröd will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
11.3. Class Action Waiver: In addition to the above provisions of this Section, you hereby expressly agree that any arbitration shall by conducted in your individual capacity only, and not as a class action or other form of representative action. Both you and Fikabröd hereby expressly waive any right to file a class action lawsuit or to seek relief on a class basis. Any claims that you or Fikabröd bring against each other shall only be in your or its individual capacity, and not as a plaintiff or class member of any representative or class proceeding or lawsuit. If any arbitrator or court deems that the waiver set forth in this paragraph is void or otherwise unenforceable, then the arbitration provision set forth in this section shall be deemed null and void in its entirety with respect to the claim giving rise to that decision, and the parties shall no longer be obligated to arbitrate the dispute.
11.4. Exceptions to This Arbitration Provision: Notwithstanding the binding arbitration provision provided in this Section, either you or Fikabröd may bring an action in state or federal court to protect an intellectual property right, which includes any patent, copyright, trademark, or trade secret. This does not include any claim regarding privacy or publicity right, which are subject to the arbitration provision provided in this Section, above. Either you or Fikabröd may also seek relief in small claims courts for claims within the scope of that court’s jurisdiction.
11.5. Right to Opt Out of this Arbitration Provision: You have the right to opt out of the arbitration provision and class action waiver provided in this Section. If you choose to opt out, neither you nor Fikabröd will be bound by these arbitration terms. In order to opt out, you must send written notice of your decision to do so to Fikabrod, LLC, 1300 Ridenour Blvd NW, Suite 310, Kennesaw, GA 30152. The notice must be sent within thirty (30) days of September 8, 2023, or within thirty (30) days of your first use of the Program, whichever is later. If you do not provide Fikabröd with written notice that you are exercising your right to opt-out within that time period, you will be bound to the arbitration clause and class action waiver provided in these Terms.
11.6. Changes to this Arbitration Provision: Fikabröd will provide sixty (60) days’ notice of any changes to this section. Changes will become effective on the sixtieth day from the day of notice, and will apply prospectively only to any claims arising after that sixtieth day.
XII. GENERAL PROVISIONS
12.1. Entire Agreement: These Terms & Conditions, along with any additional terms, conditions, or rules of participation that Fikabröd implements and posts on the Sites, Program, or Services, embodies the entire agreement and understanding between you and Fikabröd, and supersedes all previous agreements between you and Fikabröd related to the subject matter hereof. In the event that there are conflicting provisions between these Terms & Conditions and the additional terms, conditions, or rules of participation provided by Fikabröd, the latter will prevail the extent of the conflict.
12.2 Modification: The Company reserves the right to modify these Terms at any time. Any modifications will be republished on your affiliate dashboard with an updated date. Your continued participation in the Program after such modifications constitutes your acceptance of the updated Terms.
12.3 Parties’ Relationship: You and the Company are considered separate entities, operating as independent contractors. The provisions in these Terms do not establish a partnership, joint venture, agency, or employment connection between both parties.
12.4. Third-Party Beneficiaries: You may not assign, or otherwise transfer any of your rights under these Terms & Conditions without prior written consent. You further agree that, except as otherwise expressly provided by these Terms, there shall be no third-party beneficiaries to these Terms & Conditions.
12.5. Waiver, Severability, and Survival of Terms: The failure of Fikabröd to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any term or provision of these Terms & Conditions is held to be void or unenforceable, that term or provision will be severed from the Terms. In such event, the balance of the Terms & Conditions will survive, and will remain enforceable in accordance with its provisions. In the event than a term or provision is deemed invalid or unenforceable, you and Fikabröd both agree that the arbitrator or court hearing the matter should endeavor to give effect to the intentions reflected in that provision.
The following provisions of the Terms & Conditions survive any termination of these Terms, whether such termination is caused by Fikabröd or by you: CONDITIONS OF USE OF THE PROGRAM; INDEMNIFICATION; DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INTELLECTUAL PROPERTY; NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT; BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER; and GENERAL PROVISIONS.
12.6. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Program or these Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12.7. Choice of Law: These Terms & Conditions and the rights and obligations of the parties under it are governed by and interpreted in accordance with the laws of the State of Georgia, without regard to principles of conflicts of law.
For any dispute not subject to the arbitration provision of these Terms, you and Fikabröd agree to submit to the exclusive personal jurisdiction and venue of the federal and state courts located in Atlanta, Georgia, and hereby waive any and all jurisdictional and venue defenses otherwise available. You further agree to accept service of process by mail.
12.8. Construction: The headings of the Sections hereof are solely for convenience of reference and are not part of these Terms & Conditions. As used herein, each gender includes each other gender, and the singular includes the plural and vice versa, as the context may require. The use of the “or” in this Agreement carries the inclusive meaning of the word, which includes both “and” and “or.” All references to Sections, Subsections, or Paragraphs are intended to refer to the sections, subsections, or paragraphs of these Terms, except as otherwise indicated.
12.9. Communications: Any questions, complaints, concerns, and claims with respect to the Program, Sites, Content, or Services may be directed to Fikabröd by using the relevant contact information set out in the Terms, above.
XIII. CHANGES AND UPDATES TO TERMS & CONDITIONS
These Terms & Conditions may be revised periodically, which will be reflected by the “Last update posted” date, above. We ask that you please revisit this page so that you remain aware of any changes to Fikabröd’s Affiliate Program Terms & Conditions. If a revision is made to the Affiliate Program Terms & Conditions that is determined, by our sole discretion, to be material, we will notify affiliates by contacting them through the email address associated with their account. Your continued use of the Program will serve as proof of your acceptance of such updates terms and policies.
If you have any questions or comments about our Affiliate Program Terms & Conditions, please email us at affiliates@fikabrodbox.com.