Rip Van, Inc Terms & Conditions

Please read our affiliate terms and conditions carefully before you join our program. Each Affiliate is responsible for assuring that its’ employees, agents, customers and contractors comply with these terms and conditions. 

DEFINITIONS

As used in these terms and conditions: (i) “We”, “us”, or “our” means the Rip Van and our websites; (ii) “you” or “your” refers to the Affiliate or applicant; (iii) “our website” refers to the Rip Van properties located at Rip Van.com or any ancillary Rip Van site. (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the Rip Van Affiliate Programs.

ENROLLMENT

To begin the enrollment process, you must submit a complete and accurate Program application. You must identify your site in your application. It can take up to 48 hours for your site to be reviewed. We will evaluate your application and notify you of its acceptance or rejection. Please contact us if you believe that your site was rejected in error. We may reject your application if we determine that your site is unsuitable. 

Your participating website(s) may not:

1. Promote violence or contain violent materials;

2. Promote or contain libelous or defamatory materials;

3. Include any trademark of Rip Van, in any domain name 

4. Violate any law, rule or regulation.

5. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.

6. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.

7. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.

LINKING TO OUR WEBSITE

Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following: 

1. You will only use linking code obtained from the affiliate interface without manipulation.

2. All domains that use your affiliate link must be listed in your affiliate profile.

3. Your Website will not at any time, 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. 

4. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating). 

5. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited. 

If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided, we shall be entitled to reimbursement of all past commissions paid to you, and/or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.

PPC GUIDELINES

Publishers are encouraged to promote the program with PPC search marketing campaigns. If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:

1. You may bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo or any other network. 

2. You may not use our trademarked terms or any misspelling of those terms in the display url. Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e.for RipVan.com. If you are found to be using our trademarked terms in this nature, your current and past commissions will be voided, we shall be entitled to reimbursement of all past commissions paid to you, and/or your commission level will be set to 0%.

3. You may direct link to our website from any Pay Per Click ad or use redirects that yield the same result. 

Trademarked Terms: Includes, but is not limited to: Rip Van, Rip Van Wafels

COUPON GUIDELINES

If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:

1. You may ONLY advertise coupon codes that are provided to you through the affiliate program or network.

2. You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.

3. On click through, you must link directly to our website. Framing of our website is strictly prohibited.

4. Cookie Stuffing: You must not mislead customers into clicking on an offer or coupon that does not exist or practice similarly deceptive tactics that are generally known as “cookie stuffing.” These include, but are not limited to:

   1. Using knowingly expired offers or presenting offers that do not exist or are not affiliate offers

   2. Making claims that a user must click on a link first to activate or receive an offer. 

   3. Presenting a button that claims to show all offers that sets the affiliate cookie in the background.

   4. Technology that generates a click or sets the cookie from the action of copying a coupon code or through a pop under.

Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders. 

DOMAIN NAMES

Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. for RipVan.com (add domains). If you are found to be using our trademarked terms in this nature, your current and past commissions will be voided, we shall be entitled to reimbursement of all past commissions paid to you, and/or your commission level will be set to 0%.

OUR PROPERTY

We shall continue to own all knowledge, methods, concepts, technologies and other techniques employed by us to deliver benefits to Rip Van Subscription members such as webinars, special offers, beta opportunities etc.

ADVERTISING & PUBLICITY

Announcement

Publisher may not make any press release with respect to publisher’s participation in the Rip Van Program without the Company’s prior written consent. 

Representation

Publisher may not in any manner misrepresent or embellish the relationship between Rip Van and Publisher, except as expressly permitted by these Terms & Conditions. Nothing in this Agreement is intended to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Rip Van and the publisher. Publisher will have no authority to make or accept any offers or representations on the behalf of the For Rip Van Naturals. Publisher will not make any statement, whether on publisher site or otherwise.

You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:

1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.

2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Ripvan.com, Rip Van, Inc. 

3. E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail. 

SOCIAL MEDIA

Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines: 

1. You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, Instagram etc. pages. 

2. You ARE PROHIBITED from posting your affiliate links on Rip Van Facebook, Twitter, etc. pages in an attempt to turn those sales into affiliate sales. It is not permitted to use the @ symbol so that your post shows up on the merchant’s page. For example, you cannot post, “20% off sale at @Rip VanWafels through Wednesday with code RipVan20.” 

OPERATIONS OUTSIDE UNITED STATES

If you are conducting business in or taking orders from persons in other countries, you will strictly follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.

REVERSAL & COMMUNICATION POLICY

Rip Van takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse membership applications and product sales due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions; we expect that you will respond in a timely and honest manner. Below are violations of our communications policy. 

1. You are not forthcoming, intentionally vague or are found to be lying. 

2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile. 

3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.

CONFIDENTIALITY

Confidential information and materials disclosed in connection with this agreement is subject to the terms of the Non-Disclosure Agreement entered into by the parties.

REPRESENTATIONS AND WARRANTIES

You represent and warrant to us that (i) you possess the full right, power and authority to enter into and fully perform this Agreement and grant the rights granted herein to us (ii) your use of our website does not violate any law or regulation, and (iii) the materials provided to us in connection with the services provided by us will not infringe or violate the copyrights, trademarks, or other rights of any third parties, and that we have the authority to reproduce and distribute (and to authorize others to reproduce and distribute) such materials. You agree to indemnify us and hold us harmless from any liability, loss, expense (including reasonable, outside attorneys’ fees and disbursements), or claims, including without limitation claims for copyright and trademark infringement, involving or arising out of your breach of the representations and warranties made here under.

CONFIDENTIAL OR PROPRIETARY INFORMATION:

You hereby acknowledge that your personnel or agent may gain access to information that we deem to be confidential and/or proprietary and that has commercial value in our business. As used herein, “Confidential Information” means any and all of our proprietary business information including, but not limited to, software and the documentation supplied therewith. 

You shall use at least the same degree of care to prevent disclosing to third parties the Confidential Information as you employ to avoid disclosure, publication, or dissemination of its own information of a similar nature, but in no event less than a reasonable standard of care. Without limiting the foregoing, you shall not publicly disclose the terms of this Agreement without our prior written consent. Furthermore, except as contemplated by this Agreement, you shall not: (i) make any use of the Confidential Information; (ii) acquire any right in or assert any lien against the Confidential Information; or (iii) refuse to promptly return, provide a copy of, or destroy the Confidential Information, upon request. You shall immediately notify us, orally or in writing, upon gaining knowledge of any disclosure, loss, or use in violation of this Agreement of our Confidential Information.

Notwithstanding the foregoing, this Section shall not apply to any information that you can demonstrate: (a) was in the public domain at the time of disclosure to it; (b) was published or otherwise became a part of the public domain, after disclosure, through no fault of your own; (c) was in your possession at the time of disclosure to you from a third party who had a lawful right to such information and disclosed such information to you, without a breach of duty owed to us; or (d) was independently developed by you without reference to our Confidential Information. Further, you may disclose our Confidential Information to the extent required by law or by order of a court or governmental agency; provided, however, you must give us prompt notice and make a reasonable effort to obtain a protective order or otherwise protect the confidentiality of such Confidential Information, all as directed by and at our cost and expense.

The covenants of confidentiality set forth herein shall survive the termination of our Agreement for a period of five (5) years. If you or any of your employees are requested or required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand, or similar legal process) to disclose any of the Confidential Information, you agree to provide us with prompt notice of each such request or requirement, to the extent legal and practicable, so that we may seek an appropriate protective order or waive compliance with the provisions of the agreement or both. If, absent the entry of a protective order or the receipt of a waiver under this agreement, you or any of your employees are legally compelled to disclose Confidential Information, the requested party or such employee as applicable may disclose such information to the persons and to the extent required without liability under this agreement.

You acknowledge that breach of this article, including disclosure of any confidential information, or disclosure of other information which, at law or in good conscience or equity, ought to remain confidential, will give rise to irreparable injury to us, inadequately compensate in damages. Accordingly, we may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings in addition to any other legal remedies, which may be available. You acknowledge and agree that the covenants contained herein are necessary for the protection of our legitimate business interests and are reasonable in scope and content.

INDEPENDENT CONTRACTOR

You will perform all services as an independent contractor and nothing in this Agreement will be deemed to create an employer-employee, agency, partnership, or joint venture relationship between the parties. Each party agrees to obtain all necessary licenses and to be responsible for and timely pay all of its taxes, other required with holdings, insurance and benefits.