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    Drunk Republic

    Affiliate Marketing Program

    This is a contract between you (the “Affiliate”) and us (“Drunk Republic”). It describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible. The Marketing Affiliate Program Agreement applies to your participation in our Marketing Affiliate Program (the “Affiliate Program”).  These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.

    We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms we or the Affiliate Tool will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.


    “Drunk Republic Affiliate” means a company owned, operated or controlled by Drunk Republic.

    “Marketing Affiliate Program” means our marketing affiliate program as described in this Agreement.

    “Affiliate Link” means the unique tracking link you place on your site or promote through other channels.

    “Affiliate Policies” means the policies applicable to affiliates which we may make available to you from time to time.

    “Affiliate Tool” means the tool that we make available to you upon your acceptance into the Affiliate Program and for you to use in order to participate in the Affiliate Program.

    "Agreement" means this Marketing Affiliate Program Agreement and all materials referred or linked to in here.

    “Commission” means an amount described in the Affiliate Tool (or if applicable, in the Program Policies) for each Customer Transaction.

    “Customer” means the authorized buyer of the Drunk Republic Products who has purchased the Drunk Republic products.

    “Customer Transactions” means those transactions by Affiliate Leads that are eligible for Commission pursuant to the ‘Customer Transactions’ section of this Agreement. Customer Transactions may include customer purchases  as further described in the Affiliate Tool.

    "Customer Data" means all information that Customer submits or collects via the Drunk Republic Products and all materials that Customer provides or posts, uploads, inputs or submits for public display through the Drunk Republic Products.

    "Drunk Republic Content'' means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into our services.

    “Drunk Republic Products” means the products produced by Drunk Republic.

    "We", "us", “our”, and “Drunk Republic” means the brand, Drunk Republic.

    “You” and “Affiliate” means the party, other than Drunk Republic, entering into this Agreement and participating in the Affiliate Program.


    This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.

    Affiliate Acceptance:

    If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below. Further, you will need to complete any enrollment criteria set out in the  Policies Page, if applicable. 

    You will comply with the terms and conditions of this Agreement at all times, including any applicable Program Policies.

    Customer Transactions:

    Affiliate Program Limits. Each accepted Affiliate Link will expire according to the information provided in the Program Policies from the date the Affiliate Lead clicked on the Affiliate Link that was made available by you. We will pay you Commission as described in the Program Policies for each new Customer who completes an applicable Customer Transaction after clicking on an Affiliate Link provided by you, provided that you remain eligible to receive Commission pursuant to the terms of this Agreement. You will receive a Commission payment for a Customer Transaction only. For example, if the initial Customer Transaction is for one affiliate of Drunk Republic (you), and there is a subsequent purchase by that same customer for an additional affiliate of Drunk Republic (not you), you will receive Commission for the initial user purchase under your affiliate name only. 


    To be eligible for Commission 

    (i) a Customer Transaction must have occurred

    (ii)  Customer must receive the product purchased. If a customer cancels their purchase and is refunded before receiving their product, you will not receive commissions. You are not eligible to receive Commission or any other compensation from us based on transactions for Other Products or if: 

    (i) such compensation is disallowed or limited by federal, state or local law or regulation in the United States or the laws or regulations of your jurisdiction; 

    (ii) the applicable Customer objects to or prohibits such compensation or excludes such compensation from its payments to us or Drunk Republic Affiliates; 

    (iii) the Customer has paid or will pay such commissions, referral fees, or other compensation directly to you, 

    (iv) the Commission payment has been obtained by fraudulent means, misuse of the Affiliate Link, in violation of any Affiliate Program Policies that we make available to you or by any other means that we deem to breach the spirit of the Marketing Affiliate Program, or 

    (v) the Customer participates in any of our partner programs, including our Agency Partner Program, Sales Referral Partner Program or Sales Solutions Partner Program and is eligible to receive commission in relation to the Customer Transaction under any of these programs. 

    Acceptance and Validity:

    You will only be eligible for a Commission payment for any Customer Transactions that are derived from the Affiliate Link that we make available to you and are accepted by Drunk Republic. 

    Commission and Payment:

    In order to receive payment under this Agreement, you must have: 

    (i) agreed to the terms of this Agreement

    (ii) have a valid and up-to-date payment method 

    (iii) completed any and all required tax documentation in order to process any payments that may be owed to you.

    Requirements for Payment;

    Payment Method. Sign up through Refersion and fill out your profile:

    Forfeiture. We will have no obligation to pay you the Commission associated with a Forfeited Transaction. 

    Commission Payment. We will determine the currency in which we pay the Commission, as well as the applicable conversion rate. We will not pay more than one Commission payment or other similar referral fee on any given Customer Transaction (unless we choose to in our discretion).

    Taxes. You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us. 

    Commission Amounts. We reserve the right to alter or change the Commission amount as per the customers purchase

    Training and Support:

    We may make available to you, without charge, various webinars and other resources made available as part of our Affiliate Program. We may change or discontinue any or all parts of the Affiliate Program benefits or offerings at any time without notice.


    You grant to us a nonexclusive, non-transferable, royalty-free right to use and display your trademarks, service marks and logos (“Affiliate Marks”) in connection with the Affiliate Program and this Agreement.

    During the term of this Agreement, in the event that we make our trademark available to you, you may use our trademark as long as you follow the usage requirements in this section.  

    You must: 

    (i) only use the images of our trademark that we make available to you, without altering them in any way; 

    (ii) only use our trademarks in connection with the Affiliate Program and this Agreement; 

    (iii) comply with our style guide and Trademark Usage Guidelines; and 

    (iv) immediately comply if we request that you discontinue use.  

    You must not: 

    (i) use our trademark in a misleading or disparaging way;

    (ii) use our trademark in a way that implies we endorse, sponsor or approve of your services or products; or 

    (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.

    Proprietary Rights:

    Drunk Republic’s Proprietary Rights. No license to any software is granted by this Agreement. The Drunk Republic Products are protected by intellectual property laws. The Drunk Republic Products belong to and are the property of us or our licensors (if any). We retain all ownership rights in the Drunk Republic Products. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on Drunk Republic Content, or the Drunk Republic Products in whole or in part, by any means, except as expressly authorized in writing by us. If you wish to use Drunk Republic Content, you must comply with our Content Usage Guidelines. Drunk Republic, the  Drunk Republic Design, the Drunk Republic logos, and other marks that we use from time to time are our trademarks and you may not use them without our prior written permission, except as otherwise set forth in this Agreement.

    We encourage all customers, affiliates and partners to comment on the Drunk Republic Products, provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Drunk Republic Products, without payment to you.


    As used herein, “Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party (“Receiving Party”), 

    (i) whether orally or in writing, that is designated as confidential, and 

    (ii) customer and prospect information, whether or not otherwise designated as confidential. 

    Confidential Information does not include any information that 

    (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or 

    (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party. 

    The Receiving Party shall: 

    (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, 

    (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, 

    (iii) not disclose Confidential Information of the Disclosing Party to any third party, and 

    (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. 

    The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.

    Opt Out and Unsubscribing

    You will comply promptly with all opt out, unsubscribe, "do not call" and "do not send" requests.  For the duration of this Agreement, you will establish and maintain systems and procedures appropriate to effectuate all opt out, unsubscribe, "do not call" and "do not send" requests.

    Term and Termination:

    Term. This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.

    Termination Without Cause. Both you and we may terminate this Agreement on fifteen (15) days written notice to the other party.

    Termination for Agreement Changes:

    If we update or replace the terms of this Agreement, you may terminate this Agreement on five (5) days written notice to us, provided that you send us written notice within ten (10) days after we send you notice of the change. 

    Termination for Cause:

    We may terminate this Agreement,

    (i) upon thirty (30) days’ notice to you of a material breach if such breach remains uncured at the expiration of such period, 

    (ii) upon fifteen (15) days notice to you of non-payment of any amount due to us if such amount remains unpaid at the expiration of such period, 

    (iii) immediately, if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, 

    (iv) immediately, if you breach the terms applicable to your subscription with us (if you have one), including if you default on your payment obligations to us or our affiliate, or 

    (v) immediately, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.

    Effects of Expiration/Termination:

    Expiration of this Agreement, and termination of this Agreement,

    (i) without cause by us,

    (ii) by you with cause, 

    (iii) by you according to the ‘Termination for Agreement Changes’ section, shall not affect our obligation to pay you a Commission, so long as the related payment by the Customer Transaction is recognized by us within thirty (30) days after the date of such termination or expiration and provided that in no event shall you be entitled to payment of Commission under this Agreement if you are eligible to receive a revenue share payment under the Solutions Partner Program Agreement. 

    We will not pay you fees on Customer Transactions recognized by us after thirty (30) days after the date of such termination or expiration set out above.  Provided however, in the event of termination without cause by you, or for cause by us, our obligation to pay and your right to receive any Commission will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive Commission prior to the date of termination. Except as expressly set forth in this section, you are not eligible to receive a Commission payment after expiration or termination of this Agreement. Upon termination or expiration, you will discontinue all use of and delete the Affiliate Link that we make available to you for your participation in the Affiliate Program. Upon termination or expiration, you will immediately discontinue all use of our trademark and references to this Affiliate Program from your website(s) and other collateral. For the avoidance of doubt, termination or expiration of this Agreement shall not cause a Customer’s subscription agreement to be terminated.

    Affiliate Representations and Warranties:

    You represent and warrant that,

    (i) you have all sufficient rights and permissions to participate in the Affiliate Program and to provision Drunk Republic with our use in sales and marketing efforts or as otherwise set forth in this Agreement, 

    (ii) your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements; and 

    (iii) you own or have sufficient rights to use and to grant to us our right to use the Affiliate Marks.

    You further represent and warrant that,

    (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are a Drunk Republic Affiliate on any website(s) you own where you make an Affiliate Link available); 

    (ii) you will accurately provide all websites and domains you own where you intend to use Affiliate Links to generate Affiliate Leads; 

    (iii) you will not purchase ads that direct to your site(s) or through an Affiliate Link that could be considered as competing with Drunk Republic’s own advertising, including, but not limited to, our branded keywords; 

    (iv) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; 

    (v) you will not attempt to mask the referring URL information; 

    (vi) you will not use your own Affiliate Link to purchase Drunk Republic products for yourself; and 

    (vii) you will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames), or offering incentives to encourage purchases or signups.  


    You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of 

    (a) your participation in the Affiliate Program, 

    (b) our use of the prospect data you provided us, 

    (c) your noncompliance with or breach of this Agreement. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that 

    (i) imposes an obligation on us; 

    (ii) requires us to make an admission; or 

    (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

    Disclaimers; Limitations of Liability


    No Indirect Damages:


    Limitation of Liability:


    Cookie Duration:



    Amendment; No Waiver. We may update and change any part or all of this Agreement, including by replacing it in its entirety. If we update or change this Agreement, the updated Agreement will be made available to you via email. The updated Agreement will become effective and binding on the next business day after we have notified you. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you don’t agree to the update, change or replacement, you can choose to terminate as we describe above. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

    Actions Permitted:

    Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

    Relationship of the Parties:

    Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.

    Compliance with Applicable Laws:

    You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the Drunk Republic Products. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Drunk Republic Products to prohibited countries or individuals or permit use of the Drunk Republic Products by prohibited countries or individuals.


    If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.


    Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt. We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.

    Entire Agreement:

    This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of the Drunk Republic Products or dependent on any oral or written public comments made by us regarding future functionality or features of the Drunk Republic Products. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.


    You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.

    No Third Party Beneficiaries:

    Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

    Program Policies Page:

    We may change the Program Policies from time to time. Your participation in the Affiliate Program is subject to the Program Policies, which are incorporated herein by reference.

    No Licenses:

    We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the Drunk Republic Products, our trademarks, or any other property or right of ours.

    Sales by Drunk Republic:

    This Agreement shall in no way limit our right to sell the Drunk Republic Products, directly or indirectly, to any current or prospective customers.


    Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.


    The following sections shall survive the expiration or termination of this Agreement: ‘Commission and Payment’, ‘Proprietary Rights’, ‘Confidentiality’, ‘Effects of Termination/Expiration’, ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, ‘Non-Solicitation’ and ‘General’.


    (a) "controller," "processor," "data subject," and "processing" (and "process") shall have the meanings given to them in Applicable Data Protection Law; 

    (b) "Applicable Data Protection Law" means any and all applicable privacy and data protection laws and regulations applicable to the Personal Data in question, including, where applicable, EU Data Protection Law (in each case, as may be amended, superseded or replaced from time to time); 

    (c) "EU Data Protection Law" means: 

    (i) the EU General Data Protection Regulation (Regulation 2016/679) ("GDPR"); and 

    (ii) the EU e-Privacy Directive (Directive 2002/58/EC); and 

    (iii) any national data protection laws made under or pursuant to clause 

    (i) or 

    (ii); and 

    (d) "Personal Data" means any information relating to an identified or identifiable natural person to the extent that such information is protected as personal data under Applicable Data Protection Law.

    Purposes of processing:

    The parties acknowledge that in connection with the Marketing Affiliate Program, each party may provide or make available to the other party Personal Data. Each party shall process such data: 

    (i) for the purposes described in the Agreement; and/or 

    (ii) as may otherwise be permitted under Applicable Data Protection Law.

    Relationship of the parties:

    Each party will process the copy of the Personal Data in its possession or control as an independent controller (not as a joint controller with the other party). For the avoidance of doubt and without prejudice to the foregoing, Drunk Republic shall be an independent controller of any Personal Data that it receives or shares with Affiliate in connection with the Marketing Affiliate Program.

    Compliance with law:

    Each party shall separately comply with its obligations under Applicable Data Protection Law and this Addendum when processing Personal Data. Neither party shall be responsible for the other party's compliance with Applicable Data Protection Law. In particular, each party shall be individually responsible for ensuring that its processing of the Personal Data is lawful, fair and transparent, and shall make available to data subjects a privacy statement that fulfils the requirements of Applicable Data Protection Law.


    Each party shall implement and maintain all appropriate technical and organizational measures to protect any copies of the Personal Data in their possession or control from 

    (i) accidental or unlawful destruction, and 

    (ii) loss, alteration, or unauthorized disclosure or access (a "Security Incident") and to preserve the security and confidentiality of such Personal Data. Each party shall notify the other party without undue delay on becoming aware of any breach of EU Data Protection Law/Applicable Data Protection Law.

    This Privacy Policy of Drunk Republic: Affiliate marketing system describes how we may collect and use personal data 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 in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. By continuing to 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 Drunk Republic under this Privacy Notice will be stored and controlled by Hilton Society (Drunk Republic).

    Information collected from Merchants
    When merchant uses the app, we are automatically able to access certain types of information from your Shopify account such as email, first name, last name, shop information (shop domain, shop currency, shop address …). We collect this information to provide you with our Services; for example, to confirm your identity, contact you, provide customer support when you contact us, provide you with advertising and marketing activities.
    Information collected from Affiliates
    When an affiliate signs up to join a program, we collect some information to inform merchants such as email, personal information, payment details and social network information,...The information would help merchant evaluate the affiliate background and potential, along with process specific activities within the app and contact the affiliate if needed.
    Information collected from Customers when visiting merchant website
    In order to track referral order, when customers visit merchant website and make a purchase, Drunk Republic will collect information of order such as total order, order items, order ID,....
    About Cookies
    “Cookies” are data files that are placed on your device or computer and often include 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 goes back 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
    Because cookies allow you to take advantage of some of 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 who we employ to process specific functions; examples include 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 they must process the personal information in accordance with this Privacy Policy.
    We may also disclose your personal information to any third party with your prior consent.
    Use of Drunk Republic by Children
    Drunk Republic is not intended for children. If you are under 13, you may use the affiliate marketing system only with the supervision of your parents or guardian.
    Your Rights
    Drunk Republic 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 right, please contact us through [email protected] We may require that you provide us with 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