Affiliate Rules
Patchloads' Affiliate Program offers eligible affiliates, including blogs and third-party websites (“Affiliates”), the opportunity to earn commissions on qualifying sales originating from links on an Affiliate’s site to Patchloads' websites. This policy outlines your rights and obligations when participating in Patchloads' Affiliate Program.
Patchloads' Affiliate Program enables eligible individuals or entities (collectively, “Affiliates”, each an “Affiliate”) to earn commissions on qualifying sales from links on an Affiliate’s Authorized Channel to Patchloads' websites (“Affiliate Links”). This policy outlines your rights and obligations when participating in the Patchloads Affiliate Program. “Authorized Channels” refer to social media pages created and managed by you, as well as websites, blogs, emails, and other communications or channels approved by Patchloads for the Affiliate Program.
This policy covers the terms and conditions of an Affiliate’s participation in the Patchloads Affiliate Program (“the Affiliate Program”), which is managed via BixGrow Affiliate (“BixGrow”). Affiliates must also comply with the BixGrow Affiliate Terms. These terms form a contract between you and Patchloads GmbH.
By applying for and participating in Patchloads' Affiliate Program, you agree to these terms (the “Affiliate Policy”). You also agree to our Terms and Conditions, and acknowledge having read and understood our Privacy Policy, both of which are incorporated into this Affiliate Policy.
1. Eligibility and Enrollment in Patchloads' Affiliate Program
Prospective Affiliates must apply and be approved by Patchloads, at its sole discretion, to gain access to the Affiliate Program. Applicants may be asked to provide information about:
- Type of website
- Quality of the website
- Content diversity
- Alignment with Patchloads' values
To qualify for the Affiliate Program, you must:
- Be at least 18 years old or the age of majority in your country
Promote Affiliate Links through one of the following Authorized Channels:
- Website
- YouTube
- TikTok
Have appropriate and sufficient content on your site, as determined solely by Patchloads
Prohibited types of websites or content include:
- Coupon sites
- Content designed to divert search traffic for Patchloads product coupons
- “Cash-back” or voucher sites (websites offering rewards for purchases made through referral links)
- Price comparison websites
- Sites using iFrame or similar embedding code
- Sites with “pop-ups” or “pop-unders” (creating hidden windows in users' browsers)
- Dropshipping or similar services
- Sites promoting unlicensed items with registered trademarks or third-party intellectual property
Application Process:
- Applications must be submitted via the Patchloads Affiliate Dashboard (powered by BixGrow).
- Affiliates are responsible for maintaining accurate information, including payment and tax details.
- Patchloads and BixGrow have the right to verify your registration details.
- Affiliates are accountable for all activities on their account and must promptly notify Patchloads and BixGrow of any unauthorized use or security breaches.
Patchloads reserves the right to:
- Remove Affiliates from the program at any time, for any reason
- Refuse service at any time
- Limit participation to certain countries
- Accept or reject any application for any reason
2. Provisions on Commission Rates, Eligible Sales, and Payments
As an Affiliate, you are entitled to earn commissions for eligible sales through Approved Channels. Commission rates are determined on a case-by-case basis and may fluctuate based on various factors such as the nature of the website, the type of purchase, and the content. You can view current commission rates by logging into the Patchloads Affiliate Dashboard.
Patchloads reserves the right to adjust commission rates at its discretion. Patchloads may also disqualify an Approved Channel if it deems it no longer compliant with the Affiliate Policy or inappropriate for Affiliate Links.
Eligible sales are purchases made on https://patchloads.com (the “Patchloads Site”) by users who access the Patchloads Site via an Affiliate Link on an Approved Channel and pay using a credit or debit card. Affiliate Links, including URLs and other promotional materials (collectively, the “Creative Assets”), are available on the Affiliate Program platform. To receive a commission, Affiliates must exclusively use the Creative Assets on Approved Channels.
Commissions are calculated by applying the respective commission rate to the qualifying sales' price (excluding taxes and shipping fees). Commissions will not be paid on sales that are canceled, refunded, or result in a chargeback. Patchloads reserves the right to withhold commissions if there is any suspicion of fraud or for any valid reason. Affiliates are responsible for paying any taxes related to their participation in Patchloads' Affiliate Program.
Patchloads may modify, suspend, or discontinue any Affiliate Link or discount code with or without notice.
3. Program Rules and Restrictions
Affiliates violating the following restrictions may be removed or suspended from the Affiliate Program, and may not receive commissions, at Patchloads' discretion:
Social Media and Link Sharing
Affiliates are responsible for ensuring that they comply with all terms and conditions of social media platforms when posting content, including rules regarding affiliate links. Affiliates may share Affiliate Links with their email subscribers and can only use Patchloads-provided Creative Assets and Affiliate Links within the Approved Channels. By participating in the Affiliate Program, you agree not to infringe on any third-party intellectual property rights, such as copyright, trademarks, or trade secrets. Patchloads cannot offer legal advice or make determinations on intellectual property disputes. If your content is reported for alleged intellectual property infringement, your account may be suspended or terminated, and commissions may not be paid at Patchloads' discretion.
Usage of Coupon Codes
Affiliates may only promote Patchloads-approved coupon codes provided through the Affiliate Program platform.
Paid and Organic Search
By participating in the Affiliate Program, you agree not to bid on keywords containing Patchloads trademarks for any search engine advertising, SEO, or related purposes. Affiliates may not purchase domain names that mimic or misspell Patchloads' domain name or purchase any domain containing Patchloads trademarks or variations thereof.
- Affiliates must also adhere to the following rules for any advertising, including search engines, social networks, or content networks:
- Affiliates cannot bid on searches containing “Patchloads” (including variations or misspellings).
- Affiliates cannot use Patchloads trademarks in paid search activities or display URLs.
- Affiliates cannot directly link PPC campaigns to Patchloads.com, including using Patchloads.com as a display URL.
- Affiliates cannot send traffic through automatic redirects or use Patchloads' name (or variations) in subdomains or subfolders.
- Affiliates cannot use Patchloads trademarks in hidden text or source code.
- Affiliates cannot give the impression that there is an official affiliation or partnership with Patchloads.
- Affiliates must not engineer websites in ways that divert traffic from the Patchloads Site, including artificially leading to ad clicks or "keyword stuffing" for search engine rankings.
Responsibility for Your Channels
Affiliates are fully responsible for their websites, including the development, operation, maintenance, and all content that appears on or within them. Patchloads is not liable for any content or information on your Authorized Channels or for any claims made by your users regarding your Authorized Channels. You agree to defend, indemnify, and hold Patchloads harmless from and against all claims related to your website and the content on your social media pages. During your participation in the Affiliate Program, you agree to comply with the following requirements concerning your website, its advertising, and your social media presence:
- Ensuring all content is up-to-date with what is offered by Patchloads.
- Ensuring that all materials and content on your website are accurate and appropriate.
- Ensuring that the materials and content on your website are neither libelous nor unlawful and do not infringe upon the rights of any third party, including copyrights, trademarks, privacy, or other proprietary rights.
- Ensuring that your website complies with all applicable national, state, regional, and local laws and regulations, including any relevant marketing codes of practice, and that your website clearly displays terms of use and a privacy policy (“Legal Notices”).
Patchloads may suspend your account and withhold commissions if it determines you are in violation of any of these conditions in Section 2.
4. Compliance and Disclosures
Depending on your location, different regulations may apply regarding the operation, marketing, and advertising of your site.
As an Affiliate, it's your responsibility to be aware of and comply with any regulations applicable to your site. Patchloads cannot offer legal advice; we strongly encourage you to consult with a legal professional if you're uncertain about your obligations or have specific questions.
4.1 Compliance with Laws
Affiliates must adhere to all relevant international, federal, state, and local laws governing their website operations, including organic or paid advertising. You acknowledge responsibility for the personal information you collect from your site users, and where applicable, must obtain valid consent for its collection, use, or disclosure as required by law.
Affiliates must ensure all email marketing adheres to applicable laws, such as the CAN-SPAM Act, Canada’s anti-spam legislation (CASL), the European Directive 2002/58/EC on privacy and electronic communications, and local implementations like the UK's Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR). Compliance with any other relevant anti-spam laws or industry standards concerning commercial emails is also required. Emails must not imply Patchloads is the sender or responsible party.
4.2 Consumer Disclosures
Affiliates must comply with U.S. Federal Trade Commission (FTC) Guides on Endorsements and Testimonials in Advertising, the UK’s Committee of Advertising Practice Codes, or similar regulations in their country regarding disclosure of a material connection with Patchloads.
In any social media platforms or other digital spaces where Affiliates discuss Patchloads or its products, the following must be ensured:
- Disclose the relationship and material connection (such as commission or compensation) with Patchloads clearly and conspicuously, using identifiers like “ad” or “advert”; ensure these disclosures are prominently placed near the discussion of Patchloads products; avoid making false, misleading, or deceptive claims about Patchloads or its products; provide honest, personally held opinions on Patchloads products, and not make unsupported or false claims about product performance without proper knowledge or evidence.
5. Dispute Resolution; General Provisions
5.1 Right to Audit; Suspension & Termination
Patchloads reserves the right to audit you, your websites, or activities related to your site, including compliance with this Affiliate Policy, in connection with your participation in the Affiliate Programs. If Patchloads believes that you have violated this Affiliate Policy or engaged in fraudulent behavior, it may take actions it deems appropriate, such as: (i) issuing a warning; (ii) initiating an investigation; (iii) suspending your account; (iv) terminating your account from the Affiliate Program or BixGrow; or (v) withholding or canceling commission payments.
5.2 Indemnification
You agree to indemnify, defend, and hold harmless Patchloads, its affiliates, subsidiaries, and their respective directors, officers, employees, contractors, agents, representatives, successors, and assigns from any and all damages, judgments, settlements, penalties, and costs (including reasonable attorneys' fees) arising from third-party claims related to: (i) your negligence, misconduct, or actions/inactions; (ii) your violation of any laws, regulations, or codes of conduct; (iii) your breach or non-compliance with this Affiliate Policy; or (iv) your Authorized Channels or other content.
5.3 Limitation of Liability
Nothing in this Policy, including Section 4.3, seeks to exclude or limit any liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by negligence or fraud. Subject to this, and to the fullest extent allowed by applicable law, Patchloads will not be liable for indirect, special, or consequential damages arising in connection with this Policy, the Affiliate Program, or BixGrow, even if Patchloads has been advised of such damages. Furthermore, Patchloads’ total liability under this Affiliate Policy and your participation in the Affiliate Program shall not exceed the total commissions paid to you in the six (6) months preceding any claim. Any claims you wish to bring against Patchloads must be made within 120 days of the event leading to the claim.
5.4 Representations and Warranties
You represent and warrant that (a) you have the authority to participate in the Affiliate Program and enter this Agreement, and that you have the necessary rights to grant any licenses provided here; (b) you will comply with all applicable laws, rules, regulations, and codes of practice in exercising your rights and obligations under this Agreement; (c) any material or communications used or displayed by you in connection with the Affiliate Program will not (i) infringe on any third-party rights, including copyright, trademarks, trade secrets, or publicity/privacy rights; (ii) be defamatory or libelous; (iii) be obscene, lewd, or pornographic; (iv) violate any laws, including unfair competition, false advertising, or anti-discrimination laws; (v) promote violence or hate speech; (vi) promote discrimination based on race, gender, age, religion, nationality, sexual orientation, or disability; or (vii) contain harmful software like viruses, worms, or time bombs.
PATCHLOADS MAKES NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PATCHLOADS DOES NOT GUARANTEE THE AFFILIATE PROGRAM OR ITS SITES WILL BE ERROR-FREE OR UNINTERRUPTED, NOR DOES IT GUARANTEE ANY SPECIFIC COMMISSION OUTCOMES FROM THE PROGRAM.
5.5 Governing Law, Jurisdiction, and Venue
This Affiliates Policy is governed by the laws of Switzerland, without regard to its conflict of laws rules. Any action relating to this Policy or your participation in the Affiliates Program must be brought exclusively in the courts located in Zurich, Switzerland, and you irrevocably consent to the jurisdiction of such courts.
6. Related Policies; Contact & Communications
The Affiliate Program platform is run by BixGrow, a third-party service. To join the Affiliate Program, you may need to agree to a separate contract with BixGrow, which we strongly advise you review carefully. Patchloads does not manage BixGrow and is not liable for any actions by BixGrow.
Patchloads may directly contact Affiliates with key program updates and offers. If you no longer wish to be contacted or want to leave the program, you must email affiliates@patchloads.com. Opting out of promotional emails will not stop transactional emails related to your account or program participation.
Any exceptions to this Policy will only be valid if explicitly confirmed in writing by Patchloads. Patchloads reserves the right to amend or alter the terms of this Affiliate Policy at any time. These changes will take effect upon being posted on BixGrow and/or the Patchloads website. By continuing to participate in the Affiliate Program, you accept these modifications.
The Patchloads Affiliate team is reachable at affiliates@patchloads.com.
7. Ownership and Usage Rights of UGCs and Affiliate Content
All content, including but not limited to videos, images, text, and other creative works ("Affiliate Content"), created by Affiliates under the Patchloads Affiliate Program shall remain the exclusive property of Patchloads GmbH.
Affiliates grant Patchloads a perpetual, worldwide, non-exclusive, irrevocable, royalty-free license to use, reproduce, distribute, and modify such content. Affiliates are prohibited from using this content for any other purposes or on other platforms without the express written consent of Patchloads GmbH. This includes, but is not limited to, the use of the content by third parties or in programs for other brands.
Any violation of this clause may result in immediate termination of participation in the Affiliate Program and potential legal action.
8. Liability Disclaimer
Patchloads GmbH shall not be held liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to material or immaterial damages, arising from participation in the Affiliate Program. This includes damages to property, personal injuries, third-party claims, or any other losses.
Specifically, Patchloads is not liable for:
- Damages caused by technical disruptions, delays, or interruptions of the platform.
- Damages resulting from the creation or use of Affiliate Content.
- Infringements of third-party rights related to the use of content or the platform.
Affiliates assume full responsibility for the content they provide and agree to indemnify and hold Patchloads harmless from any claims, damages, or liabilities brought by third parties arising from their activities or content under the program.This includes, but is not limited to, attorney fees, compensation claims, and court costs.
Last updated December 2024