Affiliates Policy

Tabs' Affiliates Program offers eligible affiliates, including blogs and other third party websites (“Affiliates”), the opportunity to earn commissions on qualifying sales that originate from links on an Affiliate’s site to Tabs' websites. This Affiliates Policy explains your rights and responsibilities when participating in Tabs' Affiliates Program.

Tabs' Affiliates Program offers eligible entities or individuals (collectively, “Affiliates” each an “Affiliate”), the opportunity to earn commissions on qualifying sales that originate from links on an Affiliate’s Authorized Channel to Tabs' websites (“Affiliate Links”). This policy explains your rights and responsibilities when participating in Tabs' Affiliates Program. “Authorized Channels” means social media pages created and maintained by you, as well as websites, blogs, emails, and such other communications, media and channels that have been accepted and approved by Tabs for participation in the Affiliate’s Program.

This policy contains the terms and conditions that apply to an Affiliate’s participation in the Tabs Affiliates Program (the “Affiliates Program”), which is operated through Social Snowball (“Snowball”). Affiliates are also subject to the Social Snowball Affiliate Terms. 

These terms are a contract between you and Tabs Labs LLC (“Tabs”).

By applying and participating in Tabs' Affiliates Program, you’re agreeing to be bound by these terms (the “Affiliates Policy”). You also agree to abide by our Terms and Conditions, and acknowledge that you have read and understood our Privacy Policy, all of which are incorporated by reference into this Affiliates Policy. 

1. Eligibility and Enrollment in Tabs' Affiliates Program

Prospective Affiliates must apply to be a party of the Affiliates Program and be approved by Tabs, in its sole discretion, in order to gain access to the Affiliates Program. Prospective Affiliates may be asked to share additional information about the type of site, site quality, site content, variety of site content and items promoted, brand identity, and alignment with Tabs' values.

To be eligible for our Affiliates Program, you must:

• Be at least 18 years of age, or the age of majority in your country (if over 18);
• Promote Affiliate Links through one of the following Authorized Channels:
• website 
• Instagram 
• Facebook 
• Pinterest 
• YouTube 
• TikTok 
• Have an appropriate amount and type of content on your site, as determined by Tabs, in its sole discretion;

The following types of websites or content are prohibited from the Affiliates Program:

• All coupon sites;
• All search ads (e.g. Google or Bing Search);
• Any content with the intent to divert search traffic for coupons for Tabs products;
• “Cash-back” or voucher sites (websites that offer rewards for buying goods through referral links);
• Price comparison sites;
• Sites that utilize iFrame or similar code for embedding media;
• Sites using “pop-ups” or “pop-unders” (websites that launch “pop-up” or hidden windows on users’ browsers);
• Sites that perform “dropshipping” or similar delivery services;
• Sites that promote unlicensed items with registered trademarks or other intellectual property owned by third parties;

Prospective Affiliates must apply directly through the Tabs Affiliate Dashboard, operated by Snowball. You must provide and maintain complete and accurate information about you (including your payment and tax information) during your participation in the Affiliates Program. Tabs and Snowball have the right to confirm or verify the truth and accuracy of your registration and account information at any time. You are responsible for all activity related to your account on Snowball and in the Affiliates Program once you are approved, and must provide Tabs and Snowball with prompt notice of any known or suspected unauthorized use of your account or breach of the security of your account. 

Tabs 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 countries and is void where prohibited by law. Tabs reserves the right to approve or reject any application to join the Affiliates Program for any reason.

1. Commission Rates, Qualifying Sales and Payment

As an Affiliate, you are eligible to receive commissions for qualifying sales through Authorized Channels. Commission rates are determined on a case-by-case basis and may vary based on a variety of factors, such as the type of site, type of purchase and content. For current commission rates, log into the Tabs Affiliate Dashboard. Tabs reserves the right, in its sole discretion, to adjust commission rates. Tabs may, in its sole discretion, disqualify an Authorized Channel if it determines that it no longer complies with the requirements of this Affiliate Policy or is otherwise no longer appropriate for Affiliate Links.

Qualifying sales are purchases made on https://tabs.co (the “Tabs Site”) by users that arrived on the Tabs Site by clicking an Affiliate Link on an Authorized Channel and pay by credit or debit card. Affiliate Links, including URLs and banners or other creative assets (collectively, the “Creative Assets”), can be found on the Affiliates Program platform. To receive a commission, Affiliates must only use the Creative Assets on an Authorized Channel. 

Commissions are calculated by multiplying the relevant commission rate and the price of the qualifying sales (excluding shipping costs and taxes). Commissions are not paid on sales that are canceled, refunded, returned, or on any transaction that results in a chargeback. Commissions are subject to review and other limitations for fraudulent activity. Tabs reserves the right to withhold commissions for any legitimate reason. You are solely responsible for any taxes that may be due in connection with your participation in Tabs' Affiliates Program.

At any time, Tabs may with or without notice change, suspend or discontinue an Affiliate Link or discount code. 

2. Program Restrictions

Affiliates that violate any of the following program restrictions may be suspended or removed from the Affiliates Program and may not receive commissions, in Tabs' sole discretion:

Social Media and Sharing

When posting content, it is the Affiliate’s responsibility to follow and abide by each Social Media platform’s terms and conditions, including any policies on affiliate links. Affiliates may share Affiliate Links with its email subscribers. In addition, Affiliates may only use the Creative Assets and Affiliate Links provided by Tabs and only in the Authorized Channels.

In connection with the Affiliates Program, you agree that you will not infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy; Tabs can’t speak on behalf of intellectual property owners, nor is Tabs in a position to offer legal advice or make legal determinations whether a an Affiliates content infringes someone else’s intellectual property. If your material is cited for alleged intellectual property infringement when provided with a report that complies with our policies, you may be suspended or removed from the Affiliates Program and may not receive commissions, in Tabs' sole discretion.

Use of Coupon Codes

Affiliates may only promote approved Tabs-issued coupon codes that are provided through the Affiliates Program platform. 

Paid and Organic Search

In connection with the Affiliates Program, you agree that you will not bid on any keywords containing Tabs trademarks for internet search advertising, search engine optimization, or for any other purpose. Affiliates may not purchase domain names that have variations from Tabs' domain or misspellings in them which are solely intended to direct traffic away from the Tabs Site, or purchase any domains containing Tabs Trademarks, including variations or misspellings.

Affiliates must comply with the following conditions, including in connection with any advertising on any ad platform (e.g. search engines, content networks, and social networking sites):

• Affiliates are not permitted to bid or appear on searches, including extended or hybrid searches, that include the term (including misspellings or variations) “Tabs”
• Affiliates are not permitted to use Tabs' trademarks in any paid search activity, including ad text, copy or display URLs;
• Affiliates are not permitted to direct link PPC activity to Tabs.com; this includes using Tabs.com as a display URL;
• Affiliates are not permitted to send traffic through automatic redirects on a website page;
• Affiliates are not permitted to use the Tabs name (including misspellings and variations) as a sub-domain or sub-folder;
• Affiliates are not permitted to use Tabs trademarks, or any variation thereof, in hidden text or source code, including within its site’s domain or sub-domain;
• Affiliates are not permitted to use Tabs' brand in a manner that suggests an affiliation, association, or brand partnership, at the sole discretion of Tabs; and
• Affiliates are not permitted to engineer its site in such a manner that it pulls internet traffic away from the Tabs Site. This includes, without limitation, directly purchasing traffic (such as, for example, in a manner that artificially leads to ad clicks), or "keyword stuffing" such as using terms in hidden or live text that is meant to attract search engine spiders in order to determine higher relevancy or rank than the Tabs Site.

Responsibility for Your Authorized Channels

You are solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. Tabs is not liable for any content or information on your Authorized Channels or for any of your users’ claims relating to your Authorized Channels, and you agree to defend, indemnify, and hold Tabs harmless from and against all claims relating to your site and the content of your social media pages. You agree that during your participation in the Affiliates Program, you will comply with the following requirements with respect to your website, advertising for your website, and social media presence:

• Ensuring all content is up to date with what is offered by Tabs;
• Ensuring the accuracy and appropriateness of materials and content posted on your site;
• Ensuring that materials and content posted on your site are not libelous or unlawful, and do not violate or infringe upon the rights of any third party (including, but not limited to, copyrights, trademarks, privacy or other personal or proprietary rights);
• Ensuring that your site complies with all applicable national, state, regional and local laws and regulations, including any codes of practice applicable to your marketing and displaying content on your website, and that your website clearly and conspicuously displays a website terms of use and privacy policy (“Legal Notices”).

Tabs may suspend your account and/or withhold commissions if it determines you are in violation of any of the conditions contained in this Section 2.

3. Compliance and Disclosures

Depending on where you are located, you may be subject to varying regulations relating to the operation, marketing, and advertising of your site. As an Affiliate, it’s your responsibility to know and follow any applicable regulations that apply to your site. Tabs is unable to provide legal advice; we urge you to speak to a legal expert if you are unsure of your obligations or have specific questions.

3.1 Compliance with Laws

Affiliates must comply with all applicable international, federal, state, and local laws as it relates to operation of its website and any organic or paid advertising of its website. You agree that you are responsible for all personal information that you collect from users of your site and that you must obtain valid consent (if applicable) from end users to collect, use or disclose this information as required by applicable law.

Affiliates must ensure all email marketing complies with applicable laws and regulations, including without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”), Canada’s anti-spam legislation or “CASL”, the European Directive 2002/58/EC (Directive on privacy and electronic communications) and any local law implementations of such directive including for the UK, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”) and any other applicable anti-spam or related regulations, laws, or industry best practices, related to the dissemination of commercial emails in their country. Emails must not state or imply that the email is being sent by, or on behalf of, Tabs.

3.2 Consumer Disclosures.

As an Affiliate, you must comply with the U.S. Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Guidance”), the UK’s Committee of Advertising Practice Codes including their guidance on Online Affiliate Marketing or the equivalent laws, rules, regulations and guidelines in your country, as well as the policies of each social media platform, concerning Affiliate’s disclosure of a material connection with Tabs.

In any and all social media outlets or other digital properties in which an Affiliate communicates about Tabs or products sold on Tabs, or in any other advertising, the Affiliate must:

clearly and conspicuously disclose their relationship and their material connection (meaning the Affiliate receives payment of commission or other compensation) with Tabs. For example, an Affiliate could use the identifier “ad” or “advert” before each Affiliate Link (or any local language equivalent); ensure that each such disclosure is prominently placed in close proximity to the communication about Tabs or products sold on Tabs; not make any false, misleading or deceptive statements about Tabs, or products sold on Tabs; ensure that any opinion or personal endorsement given about any Tabs products is honestly and genuinely held; and not make unsupported or untruthful product performance or attribute claims concerning products sold on Tabs or any claims about product performance or attributes without personal knowledge or substantiation (i.e. proof) of the same.

4. Dispute Resolution; General Provisions

4.1 Right to Audit; Suspension & Termination.

Tabs has the right to audit you, your sites, or activities related to your site, including compliance with this Affiliates Policy, in relation to your participation in the Affiliates Programs. If Tabs believes that you have breached this Affiliates Policy or that you have engaged in fraudulent activity, it may take any steps it deems appropriate, such as: (i) issue a warning; (ii) conduct an investigation; (iii) suspend your account; (iv) terminate your account from the Affiliates Program or from Snowball; or (v) withhold or cancel commission payments.

4.2 Indemnification.

You agree to indemnify, defend, and hold harmless Tabs, its affiliates and subsidiaries, and each of their respective directors, members, officers, employees, contractors, representatives, agents, successors and assigns from and against any and all damages, judgments, settlements, awards, penalties, and costs (including reasonable attorneys’ fees) in relation to a third party claim arising from or related to: (i) Your negligence, willful misconduct or acts or omissions; (ii) Your violation of applicable laws or regulations or applicable codes of practice; (iii) Your breach or other non-compliance with the terms of this Affiliate Policy or (iv) Your Authorized Channels and other content.

4.3 Limitation of Liability.

Nothing in this Policy, including this Section 4.3, shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law including without limit, death or personal injury caused by a party’s negligence, or for fraudulent conduct. Subject to this, and to the maximum extent permitted under applicable law, Tabs will not be liable for indirect, special or consequential damages arising in connection with this Policy, the Affiliates Program, or Snowball, even if Tabs has been advised of the possibility of such damages. Further, subject to the preceding parts of this paragraph, Tabs' aggregate liability arising with respect to this Affiliates Policy, and your participation in the Affiliates Program, will not exceed the total commissions paid to you in the previous six (6) months preceding any claim. All claims made hereunder by you against Tabs shall be made within 120 days of the act or omission, which forms the basis of such claims.

4.4 Representations and Warranties.

You represent and warrant that (a) you have the authority to participate in the Affiliates Program and enter into this Agreement and have sufficient rights to grant any licenses express herein, (b) you shall, in the performance of all of your rights and obligations under this Agreement, comply with all applicable laws, rules, and regulations and codes of practice, (c) any material or communication which is displayed or used by you in connection with the Affiliates Program will not (i) infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy; (ii) be defamatory or libelous; (iii) be lewd, pornographic, or obscene; (iv) violate any laws, including those regarding unfair competition, antidiscrimination, consumer financial protection or false advertising; (v) promote violence or contain hate speech; (vi) promote discrimination, based on race, age, sex, religion, nationality, sexual orientation, gender expression or disability; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots, or other similarly harmful or deleterious programming routines.

TABS MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TABS MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATES PROGRAM OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE AFFILIATES PROGRAM, OR AS TO ANY COMMISSIONS THAT YOU MAY EARN THROUGH THE AFFILIATES PROGRAM, OR THAT ANY TABS SITE, AFFILIATES PROGRAM SITE OR NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE, AND TABS WILL NOT BE RESPONSIBLE FOR CONSEQUENCES OR ANY INTERRUPTIONS OR ERRORS.

5.5 Governing Law, Jurisdiction, and Venue

This Affiliates Policy is governed by the laws of the State of Wyoming, without regard to its conflict of laws rules, and the laws of the United States of America. Any action relating to this Policy or your participation in the Affiliates Program must be brought only in the federal or state courts located in Sheridan, WY and you irrevocably consent to the jurisdiction of such courts.

6. Related Policies; Contact & Communications

The Affiliates Program platform is operated by Snowball, a third party. In order to enroll in the Affiliates Program, you may be required to enter into a separate agreement with Snowball, which we strongly recommend you read carefully. Tabs does not control Snowball and is not responsible for any activity by Snowball.

Tabs may contact Affiliates directly with essential program updates and offers. If you no longer consent to be contacted or wish to leave the program, you must send an email to affiliates@tabs.co. Even if you opt-out of receiving promotional emails, you may still receive transactional emails related to your account or participation in the program.

Any exceptions to this Policy are effective only if expressly made in writing by Tabs.

Tabs reserves the right to change or modify the terms and conditions contained in this Affiliates Policy, at any time. Any changes or modifications will be effective upon posting of the revisions through Snowball and/or Tabs Site. By continuing to participate in the Affiliates Program after such time, you will be deemed to have accepted such changes.

Tabs' Affiliate team can be reached at affiliates@tabs.co.

Last updated on Nov 13, 2024