Welcome to Cobian Footwear! Thank you for joining our Affiliate Program.

The following terms and conditions apply to individuals accessing or using the Program both as a merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use products or services from the merchant.

By participating in the Program, you agree to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as an Affiliate or participate in the Program in any manner.

1. Approval or Rejection of Registration

We reserve the right to approve or reject any Affiliate Program Registration at our sole and absolute discretion. You must provide accurate and truthful information during registration. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.

2. Affiliate Links and Coupons

Affiliate links are automatically generated. You can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours will be the one that counts for the commission.

Affiliates might be assigned a coupon code, with details and usage clarified on the Dashboard. If a customer both clicks on the affiliate link and uses a coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.

Affiliates may advertise the merchant’s website on online channels such as Facebook, Instagram, or offline channels like classified ads, magazines, and newspapers.

Advertising Restrictions: Affiliates are prohibited from bidding on Cobian brand or style name keywords. Additionally, the use of spammy tactics or deceptive marketing practices is strictly forbidden.

3. Commissions and Payment

When you refer a customer who makes a purchase on our website, you will earn a commission amount based on the Commission Structure. Commissions are calculated on the net sales amount, which is the order value minus any returns and excludes extra fees (tax, shipping costs, etc.).

To receive a commission, you must specify your payment details in the Settings. Payments will be made monthly, with a minimum payout threshold of $50. The payment schedule will be notified on the Affiliate Guide page.

Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy, which gives the merchant the right to review each referral order. The status of commissions is displayed in the Commission tab, and any paid commissions will be listed in the Payment tab. Transactions that result in chargebacks or refunds will not be paid out.

4. Marketing Tools

We may share promotional media such as banners, logos, or specific collection promotions with you through the Marketing Tools tab. You can download the media or get the HTML embed code to share on affiliate channels.

5. Network

If the Network tab is activated, affiliates can invite others to become their downline affiliates. If any downline affiliate brings an order to the merchant shop, the upline affiliate will also earn a network commission, which depends on merchant settings.

To invite other affiliates into the system, share your network link, and any affiliate who clicks on that link and signs up will become a downline affiliate.

6. Cookies

We use cookies to track people who have clicked on your link, so they need to have cookies enabled for us to track them.

If a person doesn’t allow cookies or clears their cookies, we won’t be able to track them, and thus can’t pay earnings on that person’s activity.

The cookie duration is 30 days. The tracking period will start from the time a customer clicks on the affiliate’s link or uses the coupon. Within the cookie time, every order made by this customer on the merchant website will automatically result in commissions for the affiliate (the customer does not need to click on the affiliate link again).

7. Fraud Prevention

We have a zero-tolerance policy for fraudulent activity. Affiliates found engaging in fraudulent practices, such as generating fake sales or using unauthorized promotional methods, will be removed from the program immediately, and any pending commissions will be forfeited.

8. Dispute Resolution

In the event of a dispute regarding commissions or any other aspect of the affiliate program, the parties agree to first attempt to resolve the dispute through informal negotiation. If a resolution cannot be reached, the dispute will be resolved through binding arbitration in accordance with the rules of [Arbitration Association/Local Arbitration Body].

9. Termination

Either party may terminate this agreement at any time with written notice. Upon termination, you will cease to use all promotional materials and links associated with the program. Commissions for transactions completed prior to termination will be paid out according to the standard payment schedule.

The merchant reserves the right to terminate an affiliate’s participation in the program for violations of these terms or any fraudulent or unethical conduct.

10. Removal from the Referral Program

If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: support@cobianusa.com.

Go forward and refer!

We’re very glad you’ve made it to the end of this important document.

We wish you all the very best. You can always revisit these Affiliate Program terms and conditions in the future, and if you have any questions, you can email support@cobianusa.com for support.

UpPromote Privacy Policy for Affiliate Marketing System

This Privacy Policy describes how UpPromote collects and uses personal data in relation to our affiliate marketing system and the rights granted to merchants, affiliates, and customers regarding their respective data.

By joining the Affiliate Program, you signify your approval of the terms set out in this Privacy Policy and other terms and conditions. If you do not agree to this Privacy Policy, you must not use the affiliate marketing system.

We may update this Privacy Policy from time to time to reflect changes to our privacy practices or for other operational, legal, or regulatory reasons. By continuing to use our affiliate program after these changes are posted, you agree to the revised policy.

Personal Information Controller

Any personal information provided to or gathered by UpPromote under this Privacy Policy will be stored and controlled by UpPromote, which acts as the data controller.

Legal Bases for Processing

We process personal data under the following legal bases, in compliance with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA):

• Consent: We obtain your consent for specific purposes where required, such as when signing up for newsletters or promotions.

• Contractual Necessity: We process data to fulfill our contractual obligations with merchants and affiliates, such as providing services and processing payments.

• Legitimate Interests: We process data to improve our services, conduct analytics, prevent fraud, and ensure the security of our systems, which we have determined do not override your privacy rights.

• Legal Obligation: We may process data to comply with applicable laws and regulations.

Under the CCPA, California residents have additional rights regarding their personal data, such as the right to know what personal data is being collected, the right to request deletion, and the right to opt-out of the sale of personal data.

Information Collected from Merchants

When a merchant uses the app, we automatically access certain types of information from your Shopify account, such as your email, first name, last name, and shop information (e.g., shop domain, shop currency, shop address). We collect this information to provide you with our Services, including confirming your identity, contacting you, providing customer support, and delivering advertising and marketing activities.

Information Collected from Affiliates

When an affiliate signs up to join a program, we collect information such as email, personal information, payment details, and social network information. This information helps merchants evaluate an affiliate's background and potential and allows us to process specific activities within the app and contact affiliates if needed.

Information Collected from Customers Visiting Merchant Websites

To track referral orders, when customers visit a merchant's website and make a purchase, the UpPromote system collects order information such as total order amount, order items, and order ID.

About Cookies

Cookies are data files placed on your device or computer, often including an anonymous unique identifier. Cookies are created when a user's browser loads a particular website. The website sends information to the browser, which then creates a text file. Every time the user returns to the same website, the browser retrieves and sends this file to the website's server.

For more information about cookies, including how to disable them, visit allaboutcookies.org.

We use the following types of cookies:

• Essential Cookies: Necessary for the functioning of the affiliate marketing system.
• Performance Cookies: Help us understand how visitors interact with our website by collecting and reporting information anonymously.

Because cookies allow you to take advantage of some of the affiliate marketing system’s essential features, we recommend that you leave them turned on.

Information Sharing

Ensuring your privacy is important to us. We do not share your personal information with third parties except as described in this Privacy Policy. We may share your personal information with third-party service providers we employ to perform specific functions, such as providing email marketing activity, analyzing data, and other marketing support. Third-party service providers have access to personal information only as needed to perform their functions and must process personal information in accordance with this Privacy Policy.

We may also disclose your personal information to any third party with your prior consent.

Data Security Measures

We implement appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction. These measures include encryption, access controls, and regular security assessments to ensure data integrity and confidentiality.

Data Retention

We retain personal data for as long as necessary to fulfill the purposes for which it was collected and to comply with legal and regulatory requirements. The criteria used to determine retention periods include the nature of the data, the purposes for processing, and legal obligations.

Cross-Border Data Transfers

If personal data is transferred outside the European Economic Area (EEA), we ensure that appropriate safeguards are in place to protect the privacy and integrity of the data. These safeguards may include Standard Contractual Clauses, Privacy Shield certification, or other legally recognized mechanisms.

Use of UpPromote App by Children

The UpPromote app is not intended for children. If you are under 13, you may use the affiliate marketing system only with the supervision of your parent or guardian.

Your Rights

UpPromote understands that you have rights over your personal information and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are using the system and wish to exercise these rights, please contact us at support@cobianusa.com. We may require you to provide acceptable verification of your identity before providing access to such information.

If you are an affiliate and wish to exercise these rights, please contact the merchant you interacted with directly. We serve as a processor on their behalf and can only forward your request to them to allow them to respond.

Contact Information

If you have any questions about your personal data or this Privacy Policy, or if you would like to file a complaint about how we process your personal data, please contact us by email at support@cobianusa.com.