Wonderbed® Affiliate Program Agreement
Terms and Conditions
These are the terms and conditions for joining our Affiliate Program. The terms of this agreement are subject to change without prior notice, but we will try to notify you of such changes in advance.
1.1 These terms and conditions (these "Terms") govern the contractual relationship between Wonderbed Pte. Ltd., a
company registered in Singapore under ACRA registration number 201713957G, trading as ("Wonderbed", "We") and a member (the "Member") of the advertising affiliate program (the "Wonderbed® Affiliate Program, "the Program") managed via the LeadDyno affiliate management software.
1.2 "LeadDyno" means LeadDyno, LLC, a company registered in California whose registered office is at LeadDyno, LLC1600 H Street, Suite 409, Sacramento, CA 95814
1.3 The Member's relationship with LeadDyno shall be governed by such terms and conditions as may be agreed from time to time between LeadDyno and the Member and is independent from the relationship between the Member and Wonderbed.
2.Subject matter of these Terms
2.1 These Terms regulate the participation by the Member in the Wonderbed® Affiliate Program and the use of advertising material, including banners,buttons and text links, produced by Wonderbed relating to the www.wonderbed.sg website ("Advertising Material") by the Member on the Member Channel (as defined below).
2.1.1 Members may access the Advertising Material via their personal LeadDyno dashboard after registration to the Wonderbed® Affiliate Program is complete (approved by Wonderbed)
2.2 To participate, the Member shall make an application to participate via the following link: https://wonderbedsg.leaddyno.com ("Affiliate Website") I
2.2.1 In submitting that application via LeadDyno, the Member will be considered to have indicated its agreement to these Terms between the Member and Wonderbed.
2.2.2 The affiliate website https://wonderbedsg.leaddyno.com is an external website hosted separately by LeadDyno within its own external servers and the use of which is governed separately by LeadDyno's Terms of Service. Kindly refer to: https://www.leaddyno.com/terms-of-service/
2.3 The Member shall place the Advertising Material only on websites and social media channels (Facebook, Instagram, Linkedin, Twitter etc) in which it has rights of use or rights of ownership. (the "Member Channel") There is no restriction on how long the Member can display Advertising Material on the Member Channel, and the Member may remove the Advertising Material from the Member Channel at any time.
2.4 The registration for Wonderbed® Affiliate Program and ongoing participation in it shall be subject to the terms and conditions governing the relationship between the Member and LeadDyno. Kindly refer to: https://www.leaddyno.com/terms-of-service/
2.5 Wonderbed reserves the right to decline or remove enrollment of the Member from the Wonderbed® Affiliate Program at Wonderbed's sole discretion.
2.6 The Member's involvement in the Program and its use of any Advertising Material shall be tracked and recorded by LeadDyno, and reports of such information shall be available to Wonderbed.
2.7 Wonderbed reserves the right to modify or update these terms at any time without prior notice.
2.7.1 Any amendments shall be communicated to the Member by Wonderbed via email or via the LeadDyno dashboard. The Member must accept any amendments in the way specified by Wonderbed within 7 days of receipt of that communication.
2.7.2 In the event that the Member does not accept the updated version of these Terms within 7 days of receipt of the updated version of the Terms, the Member's participation in the Wonderbed® Affiliate Program shall terminate with immediate effect.
2.7.3 Use of the Affiliate Website, or continued use of the Affiliate Website, post notification of the updated terms will be construed as acceptance of the updated Terms.
3. Wonderbed's obligations
3.1 Wonderbed shall perform its obligations under these Terms with reasonable skill and care.
3.2 Wonderbed shall supply Advertising Material that complies with the governing law.
3.3 Wonderbed shall be responsible for the quality and correctness of the Advertising Material.
3.4 Wonderbed shall be responsible for the products which are being advertised in any Advertising Material.
3.5 Wonderbed shall operate the www.wonderbed.sg website and any content or functionality on that website within the technical abilities available to Wonderbed. Wonderbed does not warrant that the availability of that website shall be error-free and uninterrupted.
4. The Members' obligations
4.1 The Member warrants that, on the Member Channel, Advertising Material shall not be surrounded, framed, adjacent to or in any way associated with, content which promotes, advocates, facilitates or otherwise displays content which is, contains or is related to:
4.1.1 material of any kind or nature which illegal or unlawful;
4.1.2 material which is harmful to children, pornographic, obscene or sexually explicit;
4.1.3 material promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
4.1.4 material that defames, abuses, is libellous, is tortious or threatens physical harm to others;
4.1.5 any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, malware, adware, services that send unsolicited advertisements, campaigns designed to initiate "denial of service" attacks, campaigns designed to gain unauthorised access to networks on the Internet; or any spoofing, redirecting or trafficking from other websites in an effort to gain traffic;
4.1.5 any software, product or service that harvests or collects the personal information of users, whether or not for commercial purposes, without the express consent of such users; or
4.1.6 any material that otherwise infringes upon the rights of any third parties through false advertising, unfair competition, invasion of rights of publicity or privacy, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.
4.2 The Member shall not own or operate any website that could lead to confusion with any website owned or operated by Wonderbed. The Member shall not infringe or otherwise violate any copyright, trademark, or other intellectual property rights such websites owned or operated by Wonderbed, including, but not limited to graphics, texts or other content.
4.3 The Member shall not indicate, whether on the Member Channel or otherwise, that the Member Channel is in any way owned, operated or contributed to by Wonderbed.
4.4 The Member shall not use any of Wonderbed's logos or trademarks without the prior written consent of Wonderbed, which may be refused at Wonderbed's sole discretion. Consent may also be withdrawn at any point of time, with the Member given 24 hours to remove associated content from Member Channel.
4.5 The Member shall not use the word 'Wonderbed' in any search engine or other keyword-based marketing to advertise its own or another's brands.
4.7 The Member may only apply for and/or display and/or otherwise utilise or make available vouchers that Wonderbed has explicitly released for that purpose to affiliates with whom Wonderbed has a contractual relationship and/or has communicated via newsletter to Wonderbed-selected persons for that purpose.
4.7.1 The application for and/or display and/or utilisation or making available of other vouchers e.g. from newsletterend- customers, prints ads or customer service contacts, is prohibited and such vouchers shall be null and void.
4.8 The Member shall remove all Advertising Material from the Member Channel within 24 hours following a request from Wonderbed for any reason.
4.9 The Member shall indemnify Wonderbed on a continuing basis against all damages, costs, charges, losses, liabilities and expenses incurred by Wonderbed arising from or incurred by reason of any breach or alleged breach of the Member's obligations under these Terms and the Member agrees to be responsible for any reasonable costs (including lawyers' fees) and expenses involved and pay any damages finally awarded against Wonderbed in any such claim.
5.1 Commission amounts & percentages are outlined within the Member Commission schedule, which is sent to the Member's email upon registration. Please contact our affiliate manager for queries on the structure & details about most up-to-date commission percentages.
5.2 Commission payout periods are as follows:
5.2.1 Mattress commission paid out after 100 days of customer payment
5.2.2 All other product commission paid out after 30 days of customer payment
5.2.3 The above payout periods are stipulated to match our returns policy; accepting returns up to 100 days for mattresses and 30 days for pillows.
5.3 Any product returns made will deem commission invalid.
5.4 For Vouchercode Affiliates - Wonderbed reserves the right to deem a referral action invalid when a non valid affilaite vouchercode was used.
5.5 Commissions are earned following the procedure below:
5.5.1 All Members are issued an affiliate dashboard which is unique to them. It contains everything required promote Wonderbed's site and Wonderbed's products, including:
- Your referral link,
- One-click sharing to social media,
- Banner ads,
- And more sharing resources.
5.5.2 Members can also access your affiliate dashboard by downloading the Affiliate Dashboard by LeadDyno app to your iPhone or Android smartphone.
5.5.3 Member's can send traffic to Wonderbed's website via their Member Channel and will receive credit for every purchase made from the referral. Member's progress for each category of referral will be reflected in real-time on their affiliate dashboard.
5.5.4 Each referral link, affiliate code or social sharing/posting shortcuts provided in the dashboard has an Affiliate ID attached. Wonderbed can only track the sales and traffic via Members posting the full URL, so Members are requested to use your affiliate dashboard when sharing via Member Channel.
5.5.5 When a prospect visits the Wonderbed site via the Member Channel embedded with the Affiiliate ID, Wonderbed will be able to register the customer's purchase (if/when they make one), and credit the sale to the contributing Member.
5.5.6 Members will then earn the affiliate commissions according to their Commission Schedule.
5.6 Wonderbed will pay a Member via Direct Debit or via PayPal, whichever they may prefer.
6.1 Search Engine Marketing. Wonderbed already runs search engine marketing (SEM) campaigns on Google; therefore, we ask our Members not to run SEM campaigns for our products and services on Google.
6.2 To clarify the availability of campaigns on secondary search engines, please contact our affiliate manager.
7. Contract Length & Severability
7.1 Either party may terminate this agreement at any time immediately by written notice to the other.
7.2 Following termination of these Terms, the Member shall delete and dispose of any Advertising Materials and any data or information relating to the Advertising Materials which the Member has received and used within 24 hours of notification. The Member shall provide Wonderbed with written acknowledgement of compliance with this clause 7.2 on request.
8.1 Any confidential information and proprietary data provided by either of us to the other (including any Advertising Material), shall be deemed "Confidential Information" of the party disclosing it.
8.2 Confidential Information shall be kept in the strictest confidence and shall be protected by all reasonable and necessary security measures. Confidential Information shall not be released by the receiving party to anyone except an employee, or agent who has a need to know same, and who is bound by confidentiality obligations.
8.3 Neither of the parties will use any portion of Confidential Information provided by the other for any purpose other than as necessary for the performance of these Terms.
8.4 The provisions of this clause 8 shall remain in effect, surviving termination of the agreement under clause 7.1 above or otherwise.
9.1 Subject to any assignee (in the case of an assignment) confirming in writing to be bound by the provisions of these Terms, Wonderbed may assign, transfer, novate or subcontract its rights, liabilities or obligations under these Terms either in whole or in part to any other person, firm or company. Wonderbed shall promptly give notice to the Member of any such assignment.
9.2 The Member shall not (or purport to) assign, sub-license, transfer, novate, charge or otherwise encumber, create any trust over or deal in any manner with these Terms or any of its rights, liabilities or obligations under these Terms without the prior written consent of Wonderbed.
10.1 This clause 10 prevails over all other clauses and sets forth the entire Liability of Wonderbed, and the sole and exclusive remedies of the Member, in respect of:
10.1.1 performance, non-performance, purported performance, delay in performance or mis-performance of these Terms or of any goods, services or software in connection with these Terms; or
10.1.2 otherwise in relation to these Terms or entering into these Terms.
10.2 Except as provided in clause 10.1, Wonderbed does not accept and excludes any Liability for Breach of Duty other than any such Liability arising pursuant to these Terms.
10.3 Except as provided in clause 10.1, Wonderbed shall have no Liability for:
10.3.1 loss of anticipated profits;
10.3.2 loss of contracts;
10.3.3 loss of the use of money;
10.3.4 loss of anticipated savings;
10.3.5 loss of business;
10.3.6 loss of opportunity;
10.3.7 loss of goodwill;
10.3.8 loss of reputation;
10.3.9 loss of, damage to or corruption of data; or
10.3.10 any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, clauses 10.3.1 to 10.3.9 apply whether such losses are direct, indirect, consequential or otherwise.
10.4 Except as provided in clause 10.1, Wonderbed's total Liability under these Terms shall in no circumstances exceed, in aggregate, a sum equal to the greatest of: a) 110% of the aggregate commission payable by Wonderbed to the Member in the 12 months preceding any cause of action arising; or b) SGD1,000.
10.5 The limitation of Liability under clause 10.4 has effect in relation both to any Liability expressly provided for under these Terms and to any Liability arising by reason of the invalidity or unenforceability of any provision of these Terms.
10.6 In this clause 10:
10.6.1 "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
10.6.2 "Liability" means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any provision of these Terms.
THE AFFILIATE WEBSITE HTTPS://WONDERBEDSG.LEADDYNO.COM IS AN EXTERNAL WEBSITE HOSTED SEPARATELY BY LEADDYNO WITHIN ITS OWN EXTERNAL SERVERS AND THE USE OF WHICH IS GOVERNED SEPARATELY BY LEADDYNO'S TERMS OF SERVICE.
KINDLY REFER TO: HTTPS://WWW.LEADDYNO.COM/TERMS-OF-SERVICE/
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE CONTENT CONTAINED IN THE AFFILIATE WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS OR, ALTERATION OF OR USE OF RECORD IN CONNECTION WITH THE USE OR OPERATION OF THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE AFFILIATE WEBSITE SHALL BE TO DISCONTINUE USING THE AFFILIATE WEBSITE.
12. Entire Agreement
12.1 These Terms constitute the whole agreement and understanding of the parties as to the subject matter hereof and there are no provisions, terms, conditions or obligations, whether oral or written, express or implied, other than those contained or referred to herein.
12.2 Each party shall do and execute all such further acts and things as are reasonably required to give full effect to the rights given and the transactions contemplated by these Terms.
12.3 Nothing in these Terms shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between the parties.
12.4 The provisions of clauses 1, 8, 9, 10, 11 and 12, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of these Terms.
13. APPLICABLE LAW
13.1 These Terms shall be governed and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law provisions.
13.2 A failure by Wonderbed to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain enforceable and not deemed void.
13.3 Wonderbed and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Should there be any questions or concerns, please contact Wonderbed on the details below:
Wonderbed Pte. Ltd.