Affiliate Program | Terms of Use

VapeLoft.com Affiliate Program Terms and Conditions

These Affiliate Program Terms and Conditions (“Agreement”) govern the relationship between VapeLoft.com (“VapeLoft,” “Company,” “we,” “us,” or “our”) and you, the applicant or Affiliate (“Affiliate” or “you”). By submitting an application to the VapeLoft Affiliate Program or by participating in the program, you expressly agree to be bound by these terms and conditions.

1. Enrollment in the Program

To become a VapeLoft Affiliate, you must submit a completed Affiliate Program Application. We reserve the right, in our sole discretion, to accept or reject any application for any reason, or no reason. Upon acceptance into the program, this Agreement will commence and remain in effect until terminated in accordance with Section 8 herein.

2. Definitions

  • Agreement: These Affiliate Program Terms and Conditions, the completed Affiliate Program Application, and our acceptance thereof.
  • Affiliate: The individual or entity accepted into the VapeLoft Affiliate Program.
  • Affiliate Application: The online form submitted by an applicant seeking to join the Affiliate Program.
  • Affiliate Link: The unique URL(s) provided by VapeLoft to the Affiliate for linking from the Affiliate’s promotional content to VapeLoft.com.
  • Affiliate Program: The program offered by VapeLoft allowing Affiliates to earn Commissions for referring New Customers to VapeLoft.com via their Affiliate Link.
  • VapeLoft.com: The Company’s e-commerce website, located at https://vapeloft.com/.
  • Eligible Purchase: A completed sale of a product (e.g., vaping devices, e-liquids, accessories) on VapeLoft.com by a New Customer who accessed the site via the Affiliate Link, which is not subsequently returned, cancelled, or determined to be fraudulent within the applicable return/refund period. At present, no specific products are excluded from qualifying as Eligible Purchases unless otherwise communicated by VapeLoft.
  • New Customer: A customer who has not previously made a purchase on VapeLoft.com.
  • Commission: The percentage of the Net Purchase Amount earned by the Affiliate from Eligible Purchases generated through their Affiliate Link.
  • Net Purchase Amount: The total purchase price of an Eligible Purchase, excluding shipping charges, taxes, discounts, returns, and fraudulent transactions.
  • Program Website: The section of VapeLoft.com providing information about the Affiliate Program and potentially access to an affiliate dashboard.

3. Affiliate Responsibilities

As a VapeLoft Affiliate, you agree to:

  • Promote VapeLoft.com and its products using the provided Affiliate Link in a manner consistent with this Agreement and all applicable laws.
  • Ensure all information provided in your Affiliate Application and kept in your affiliate profile is accurate and up-to-date, including contact and payment details.
  • Compliance with Laws and Responsible Marketing:
    • Comply with all applicable federal, provincial, state, territorial, and local laws, regulations, and industry guidelines related to advertising, marketing, and sale of vaping products in the jurisdictions where you promote VapeLoft. This includes, but is not limited to, those concerning endorsements, testimonials (e.g., FTC guidelines in the United States, Competition Act in Canada), age restrictions, health claims, and nicotine warnings.
    • Ensure that your promotional content is not targeted at, or appealing to, individuals below the legal age for purchasing vaping products in their respective jurisdictions.
    • Clearly and conspicuously disclose your affiliate relationship with VapeLoft in your promotions. While VapeLoft does not currently mandate specific disclosure language (beyond what is legally required), you are solely responsible for understanding and complying with all legal disclosure obligations.
    • Include all necessary health and nicotine warnings as required by applicable regulations in your promotional content. VapeLoft may provide guidance, but ultimate compliance rests with the Affiliate.
  • Utilize Affiliate Links correctly and exclusively for directing traffic to VapeLoft.com.
  • Refrain from modifying our intellectual property or marketing materials unless explicitly authorized by VapeLoft.
  • Ensure your website and promotional content are professional and do not contain any material that is unlawful, harmful, threatening, defamatory, obscene, harassing, discriminatory, or otherwise objectionable, or that infringes on third-party rights.

4. Prohibited Activities

Affiliates are strictly prohibited from engaging in the following activities:

  • Making false, misleading, deceptive, or unsubstantiated claims about VapeLoft, its products, or the effects of vaping. This includes, but is not limited to:
    • Making any health or therapeutic claims (e.g., “vaping is healthy,” “vaping helps you quit smoking”) unless such claims are officially approved, substantiated, and legally permissible for advertising in all relevant jurisdictions.
    • Presenting vaping products as smoking cessation devices unless specifically authorized by relevant health authorities and VapeLoft.
  • Sending unsolicited commercial electronic messages (spam) containing Affiliate Links or related promotional content.
  • Using the VapeLoft brand name, or any confusingly similar variations or misspellings thereof (e.g., “VapeLoftDeals,” “VapeLoftOfficial”), in domain names, social media handles/usernames, profile names, or other online identifiers without prior written permission.
  • Bidding on VapeLoft brand keywords (e.g., “VapeLoft,” “VapeLoft.com”), or any confusingly similar variations or misspellings, in search engine marketing (e.g., Google Ads) or other paid advertising campaigns.
  • Direct linking from paid advertisements to VapeLoft.com without explicit prior written permission from VapeLoft.
  • Promoting coupon codes or discounts not specifically authorized and provided to you by VapeLoft for the Affiliate Program.
  • Employing cookie stuffing, forced clicks, or any other technology that attempts to place an affiliate tracking cookie without a genuine click initiated by the user.
  • Creating websites, social media profiles, or other online presences that could impersonate or be reasonably mistaken for the official VapeLoft presence.
  • Promoting VapeLoft on websites, platforms, or media channels that:
    • Primarily target individuals below the legal age for purchasing vaping products.
    • Contain illegal, harmful, defamatory, obscene, discriminatory, or otherwise objectionable content.
    • Promote illegal activities or substances.
  • Using your own Affiliate Link to make purchases for yourself, for resale, or for any other fraudulent purpose.
  • Offering incentives (e.g., cash back, rewards, points) to users for clicking Affiliate Links or making purchases, unless explicitly approved in writing by VapeLoft.
  • Using any form of spyware, malware, virus, worm, “bot,” or other malicious or intrusive software or code that could harm or interfere with VapeLoft‘s website, tracking mechanisms, or users’ devices and data.
  • Creating promotional content that is likely to appeal to minors, such as using cartoon characters, youth-oriented themes, or depicting vaping in a way that glamorizes it to youth.
  • Any activity that VapeLoft deems, in its sole discretion, to be inconsistent with the brand’s reputation, the integrity of the Affiliate Program, or applicable laws and regulations regarding the promotion of vaping products.

Engagement in any prohibited activity may result in immediate termination from the program and forfeiture of any accrued Commissions.

5. Commissions and Payment

  • Commission Rate: Affiliates earn a percentage Commission on the Net Purchase Amount of Eligible Purchases generated through their unique Affiliate Link. The standard Commission Rate is ten percent (10%). Affiliates designated by VapeLoft in writing as part of a premium affiliate group may be eligible for an enhanced Commission Rate, such as fifteen percent (15%). The specific applicable Commission Rate will be confirmed upon acceptance into the program or designation into a specific tier and will be accessible via the Affiliate dashboard (if applicable) or direct communication. VapeLoft reserves the right to modify Commission Rates with prior notice to Affiliates.
  • Single-Tier Structure: This is a single-tier program. Commissions are earned only on direct sales referred by you. There are no commissions earned from referring other individuals to the program or on sales generated by them.
  • Tracking: Commissions are tracked using cookies. The standard cookie duration is thirty (30) days. For Affiliates designated by VapeLoft in writing as part of a premium affiliate group, the cookie duration shall be ninety (90) days. An Eligible Purchase qualifies for a commission if it is made by a New Customer within the applicable cookie duration period following their click on your Affiliate Link, provided no subsequent advertising or affiliate link from another source was clicked by the customer before completing the purchase.
  • Eligible Purchases: Commissions are paid solely on Eligible Purchases made by New Customers.
  • Payment Threshold: Commissions will accrue and be paid out once the minimum payout threshold of fifty United States Dollars ($50 USD) is reached.
  • Payment Schedule: Commissions are typically processed and paid on a [Insert Payment Frequency, e.g., monthly] basis, approximately [Insert Number, e.g., 30-45] days after the end of the month in which the Eligible Purchases were made. This delay accommodates potential returns, order verification, and fraud checks. Payments are contingent upon reaching the Payment Threshold.
  • Payment Method: Payments will be issued via PayPal or bank transfer, in United States Dollars (USD) unless otherwise agreed in writing by VapeLoft. The Affiliate is solely responsible for providing accurate payment information (e.g., PayPal email address, bank account details) and for any and all transaction fees, processing fees (e.g., PayPal fees, bank intermediary fees), or bank charges associated with receiving Commission payments from VapeLoft. Affiliates are also responsible for any taxes due on their earnings.
  • Reporting: Affiliates can monitor their performance, including clicks, conversions, and estimated commissions, through the provided Affiliate dashboard (if applicable) or regular reporting from VapeLoft.
  • Adjustments: VapeLoft reserves the right to adjust or withhold earned Commissions in cases of returns, cancellations, fraudulent activity, chargebacks, duplicate orders, non-compliance with this Agreement, or any other violation of these terms.

6. Intellectual Property

All content and materials on VapeLoft.com, including text, images, logos, trademarks (e.g., “VapeLoft“), trade names, and other intellectual property (“VapeLoft IP”), are the exclusive property of VapeLoft or its licensors and are protected by applicable intellectual property laws.

Subject to the terms herein, VapeLoft grants the Affiliate a limited, non-exclusive, non-transferable, revocable right to use VapeLoft‘s approved trademarks, logos, and marketing materials (if provided) solely for the purpose of promoting VapeLoft in accordance with this Agreement. The Affiliate shall not alter, modify, or misuse VapeLoft IP. The Affiliate shall not use VapeLoft IP in a manner that is likely to cause confusion, misrepresent the relationship between the parties, or damage VapeLoft‘s goodwill or reputation. As specified in Section 4, the use of VapeLoft‘s brand name or variations in domain names, social media handles, or paid advertising keywords is strictly prohibited unless explicitly authorized.

7. Disclaimer of Warranties and Limitation of Liability

VapeLoft makes no express or implied warranties or representations with respect to the Affiliate Program, VapeLoft.com, or the products sold thereon, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement. VapeLoft does not warrant that the Affiliate Program, VapeLoft.com, or tracking functions will be uninterrupted, error-free, or free from harmful components.

VapeLoft shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or in connection with this Agreement or the Affiliate Program, even if VapeLoft has been advised of the possibility of such damages. VapeLoft‘s total aggregate liability arising out of or related to this Agreement shall not exceed the total Commission fees paid or payable to the Affiliate during the six (6) months immediately preceding the date of the event giving rise to the claim.

8. Term and Termination

This Agreement commences upon VapeLoft‘s acceptance of the Affiliate’s application and continues until terminated.

  • Termination by Affiliate: The Affiliate may terminate this Agreement at any time by providing written notice to VapeLoft.
  • Termination by VapeLoft: VapeLoft may terminate this Agreement at any time, with or without cause (including but not limited to any violation of this Agreement by the Affiliate or conduct detrimental to VapeLoft‘s brand or the Affiliate Program), immediately upon written notice to the Affiliate.
  • Effect of Termination: Upon termination, the Affiliate must immediately cease all use of Affiliate Links and VapeLoft IP and discontinue all promotional activities related to VapeLoft. The Affiliate will be eligible to receive unpaid Commissions legitimately earned on Eligible Purchases that occurred prior to the effective date of termination, provided such Commissions meet the Payment Threshold and were not generated in violation of this Agreement. Any accrued Commissions below the Payment Threshold at the time of termination may be forfeited. VapeLoft reserves the right to withhold final payment for a reasonable time to ensure that the correct amount is paid and to account for any returns or cancellations.

9. Indemnification

The Affiliate agrees to indemnify, defend, and hold harmless VapeLoft, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

  • The Affiliate’s participation in the Affiliate Program.
  • Any breach of this Agreement by the Affiliate.
  • Any claims related to the Affiliate’s website, social media channels, or other promotional content, including claims of infringement of third-party rights.
  • The Affiliate’s failure to comply with any applicable laws, regulations, or industry guidelines, including but not limited to those concerning the advertising, marketing, and sale of vaping products, disclosure requirements, age verification, and health claim restrictions.
  • Any use of spyware, malware, or other prohibited software or tactics by the Affiliate.
  • Any taxes, duties, or other governmental levies imposed on the Affiliate’s earnings from the Affiliate Program.

10. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles.

Any dispute, controversy, or claim arising out of or relating to this Agreement, its breach, termination, or validity shall be brought exclusively in the competent courts located in Toronto, Ontario, Canada. The Affiliate hereby irrevocably consents to the exclusive jurisdiction and venue of these courts.

11. Miscellaneous Provisions

  • Entire Agreement: This Agreement constitutes the entire agreement between VapeLoft and the Affiliate concerning the Affiliate Program and supersedes all prior and contemporaneous agreements, understandings, negotiations, and representations, whether oral or written.
  • Modifications: VapeLoft reserves the right to modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice or a new agreement on the Program Website or by sending notice to the Affiliate via email. The Affiliate’s continued participation in the Affiliate Program following the posting of a change notice or new agreement will constitute binding acceptance of the change. If any modification is unacceptable to the Affiliate, their only recourse is to terminate this Agreement.
  • Relationship of the Parties: The relationship between VapeLoft and the Affiliate is that of independent contractors. Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, franchise, sales representation, or employment relationship. The Affiliate has no authority to make or accept any offers or representations on behalf of VapeLoft.
  • Assignment: The Affiliate may not assign or transfer this Agreement or any of its rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of VapeLoft. Any attempted assignment in violation of this section shall be void. VapeLoft may assign this Agreement without restriction.
  • Waiver: The failure of VapeLoft to enforce any provision of this Agreement shall not constitute a waiver of that provision or of VapeLoft‘s right to enforce that provision or any other provision of this Agreement.
  • Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable in any respect, such provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall continue in full force and effect.
  • Notices: All notices or other communications required or permitted hereunder shall be in writing and shall be deemed duly given when delivered personally, sent by reputable overnight courier, or sent by registered or certified mail, return receipt requested, postage prepaid, or by email to the addresses provided by the parties. For VapeLoft, notices should be sent to the contact information provided on the Program Website or otherwise specified. For the Affiliate, notices will be sent to the email address provided in the Affiliate Application.

By submitting your Affiliate Program Application or participating in the program, you acknowledge that you have read, understood, and agree to be bound by these VapeLoft.com Affiliate Program Terms and Conditions.