Finnalby Affiliates

The Finnalby Affiliates Program offers Ambassadors, Affiliates and Influencers (collectively as the“Affiliates”) whether eligible entities or individuals, such as blogs and other third party websites, the opportunity to earn commissions on qualifying sales that originate from links from the Affiliate’s Authorized Channel to Finnalby's websites. Authorized Channels include owned and operated social media pages, websites, blogs, emails, and other approved communications, media, and channels. This policy contains the terms and conditions that apply to an Affiliate’s participation in the Finnalby Affiliates Program.

By applying and participating in the Finnalby Affiliates Program, you agree to be bound by these terms, as well as Finnalby's Terms of Service, Trademark Policy, and Privacy Policy. You also acknowledge and agree that Finnalby may use the Affiliate Program, including your Affiliate Links, as part of Finnalby's Focus Ads and Finnalby Focus Ads Elite program. Being part of this arrangement doesn't establish you as an employee, contractor, business partner, or agent associated with Finnalby or its subsidiary entities. You remain independent and free from oversight, guidance, or control exercised by Finnalby or affiliated organizations.

To be eligible for the Affiliates Program, you must be at least 18 years of age and promote Affiliate Links through one of the Authorized Channels, such as a website, Instagram, Facebook, Pinterest, YouTube, or TikTok. Prospective Affiliates are evaluated based on criteria like site quality, content, variety, brand identity, and alignment with Finnalby’s values.

Finnalby Wholesale Sellers and Retail Sellers are eligible for the Affiliates Program and can earn commission on sales from any markets, including their own. Certain types of websites are prohibited from participating in the Affiliates Program without express separate prior written permission from Finnalby.

Finnalby reserves the right to remove Affiliates from the Affiliates Program and refuse service for any reason, at any time. Participation in the Affiliates Program may be limited to Affiliates located in certain areas and is void where prohibited by law. Finnalby reserves the right to approve or reject any application to join the Affiliates Program for any reason.

In the United States, the Federal Trade Commission (FTC) requires that affiliates disclose their relationship with the company they are promoting. This means that, as an Affiliate of Finnalby, you must clearly disclose your relationship with Finnalby on your Authorized Channels when promoting Finnalby products or services using Affiliate Links. This disclosure should be clear, conspicuous, and in close proximity to the Affiliate Links. The disclosure should inform users that you may earn a commission if they make a purchase through your Affiliate Links. Failure to comply with these disclosure requirements may result in suspension or removal from the Affiliates Program, and you may not receive commissions.

Additionally, you must comply with all applicable national, state, regional, and local laws and regulations regarding advertising, marketing, and privacy. This includes maintaining up-to-date Legal Notices on your website, such as a Terms of Use and Privacy policy.

Finnalby reserves the right to suspend your account and/or withhold commissions if it determines you are in violation of any of the conditions in this section or any other part of the Affiliates Policy.

Finnalby reserves the right to terminate or modify the Affiliates Program at any time, in its sole discretion, with or without notice to you. If you wish to terminate your participation in the Affiliates Program, you must provide written notice to Finnalby. Upon termination, you must promptly remove all Affiliate Links and Creative Assets from your Authorized Channels.

Finnalby shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising from your participation in the Affiliates Program, including, but not limited to, lost profits, lost revenue, or lost business opportunities, even if Finnalby has been advised of the possibility of such damages.

This Affiliates Policy and your participation in the Affiliates Program shall be governed by and construed in accordance with the laws of the jurisdiction in which Finnalby is located, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the jurisdiction in which Finnalby is located for the resolution of any disputes arising out of or relating to this Affiliates Policy or your participation in the Affiliates Program.

This Affiliates Policy, together with the Terms of Use, Trademark Policy, Privacy Policy, and any other applicable policies and agreements, constitutes the entire agreement between you and Finnalby concerning your participation in the Affiliates Program and supersedes any prior agreements, understandings, or representations, whether oral or written, with respect to the subject matter herein.

As an Affiliate, you must comply with all relevant international, federal, state, and local laws regarding the operation of your website and both organic and paid advertising. You are responsible for managing all personal information collected from users on your site and must obtain valid consent (if applicable) from users to collect, use, or disclose their information as required by law.

Affiliates must ensure that their email marketing complies with applicable laws and regulations, such as the CAN-SPAM Act, CASL, European Directive 2002/58/EC, PECR, and any other relevant anti-spam or related regulations, laws, or industry best practices concerning the dissemination of commercial emails. Emails must not state or imply that they are sent by or on behalf of Finnalby or Finnalby Sellers.

Consumer Disclosures

As an Affiliate, you must comply with the FTC Guidance, the UK's Committee of Advertising Practice Codes, equivalent laws and regulations in your country, and social media platform policies concerning the disclosure of material connections with Finnalby. When communicating about Finnalby or its products on social media or other digital properties, or in any other advertising, you must:

  1. Clearly and conspicuously disclose your relationship and material connection (i.e., receiving payment or other compensation) with Finnalby.
  2. Ensure that each disclosure is prominently placed close to the communication about Finnalby or its products.
  3. Avoid making false, misleading, or deceptive statements about Finnalby or its products.
  4. Ensure that any opinion or personal endorsement given about Finnalby products is honest and genuine.
  5. Refrain from making unsupported or untruthful claims about product performance or attributes without personal knowledge or substantiation.

By participating in the Affiliate Program, you agree to abide by Finnalby's Supplier Code of Conduct. You are responsible for knowing and abiding by any changes to the code.

Finnalby reserves the right to audit your sites or activities for compliance with this Affiliates Policy. If Finnalby believes you have breached the policy or engaged in fraudulent activity, it may take appropriate action such as issuing a warning, conducting an investigation, suspending your account, terminating your account, or withholding commission payments.

You agree to indemnify, defend, and hold harmless Finnalby and its affiliates, subsidiaries, directors, members, officers, employees, contractors, representatives, agents, successors, and assigns from any third-party claims arising from your negligence, willful misconduct, violation of laws or regulations, breach of this Affiliate Policy, or your Authorized Channels and other content.

To the extent permitted by law, Finnalby will not be liable for indirect, special, or consequential damages arising in connection with this Policy or the Affiliates Program. Finnalby's aggregate liability will not exceed the total commissions paid to you in the six (6) months preceding any claim. All claims against Finnalby must be made within 120 days of the act or omission that forms the basis of the claims.

You represent and warrant that: (a) you have the authority to participate in the Affiliates Program and enter into this Agreement, and you have sufficient rights to grant any licenses expressed herein; (b) you shall comply with all applicable laws, rules, regulations, and codes of practice in performing your rights and obligations under this Agreement; (c) any material or communication displayed or used by you in connection with the Affiliates Program will not infringe on third-party rights, be defamatory, libelous, lewd, pornographic, obscene, violate any laws, promote violence, contain hate speech, promote discrimination, or contain harmful programming routines.

Finnalby makes no representations or warranties to you, including any implied warranties of merchantability or fitness for a particular purpose. Finnalby does not guarantee uninterrupted or error-free operation of the Affiliates Program, Finnalby site, or any commissions you may earn.

This Affiliates Policy is governed by Florida state law and US federal law. Any action relating to this Policy or your participation in the Affiliates Program must be brought in federal or state courts located in Miami, FL, and you irrevocably consent to the jurisdiction of such courts.

All posts on social media use the hashtags #AD and #Finnalby and #FinnalbyFinds.

Finnalby may contact you with program updates and offers. Exceptions to this Policy are only effective if expressly made in writing by Finnalby.

Finnalby reserves the right to change or modify the terms and conditions in this Affiliates Policy at any time. Changes will be effective upon posting through the Finnalby site. Continuing to participate in the Affiliates Program after such changes constitutes acceptance of the updated terms.

Termination:

You may terminate the cooperation with us under this Policy by clicking the "Cancel" link at the end of the paragraph and “Yes” and then “Confirm to Cancel”. Your account will be frozen before you confirm to cancel it. When your account is frozen, you cannot do anything with your account, including making Linked Members and earn a commission (commission shown as Reserved will not be affected), except for withdrawing your remaining commission shown as Available ($25 threshold is no longer applicable). You can only complete the Cancel operation on Finnalby Website.

After you confirm to cancel, you will no longer be eligible to receive any commissions and/or other related benefits. All the remaining commission, whether showing as Onhold or Available, will be forfeited. Opting out of promotional emails does not exempt you from receiving transactional emails related to your account or participation in the program.

Disclaimers:

We make no express or implied warranties or representations with respect to the Program or any products/benefits delivered through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).

Privacy:

The personal information collected, processed and used as part of the Program will be used in accordance with our privacy policy. We and/or our service providers may contact you about your participation in the Program.

Contact Finnalby's Affiliate team at affiliates@Finnalby.com.