Partnership

Benefits

From receiving referral rewards to formally connecting with our exclusive network, receive rewards for providing genuine B2B support and industry contributions with Florboxoxo. The benefits of the Florboxoxo Partnership Membership and/or referred to as Affiliate Program includes the following, but not limited to: Booked Referral Commissions, based on the membership plan, Florboxoxo shall pay the Affiliate in sequences of 5% (Sprout Plan), 7% (Floret Plan) and 10% (Bloom Plan) of net revenue generated by Booked Referrals for the purchase of a Florboxoxo Product and/or Service by Affiliate Customers; publications and magazine submissions, public endorsements, social media support, exclusive blog features, email list promotions, annual partnership review and analysis, partnership team members receive up to 10% off shop orders, and event design, and lastly you receive special access to a shared industry network.

Partnership

How It Works

Simply complete our information form, providing details of your business and goals. After business research, a member of our team will email our review for potential opportunities. Based on our flower initiatives, we can establish a successful B2B partnership plan!

Partnership 

Compensations

Paid Order Fees: Florboxoxo shall pay the Affiliate a commission on any Paid Order made by the Affiliate Customers that the Affiliate refers to Florboxoxo through the Affiliate Link during the term of this agreement. "Paid Order" means an order for which Florboxoxo has received and processed payment, less the cost of returns and charge backs Florboxoxo incurs on any of the Affiliate's referred customer orders.

Calculation of Commission: Based on the membership plan, Florboxoxo shall pay the Affiliate in sequences of 5% (Sprout Plan), 7% (Floret Plan) and 10% (Bloom Plan) of net revenue generated by Booked Referrals for the purchase of a Florboxoxo Product and/or Service by Affiliate Customers.

Timing of Commissions: Commissions will be computed monthly (every 30 days) as of the last day of each calendar month and shall be paid within 10 business days post final payment received from Booked Referral. Any returns, refunds, charge backs, and fraudulent payments of Paid Orders will be deducted or withheld from the commission payment.

Statements: Upon the event of a Booked Referral, Florboxoxo shall deliver a statement detailing its computations of the commission. Florboxoxo shall permit the Affiliate reasonable access to the records and data used to determine the commission for purposes of verifications. Any discrepancies between Florboxoxo's records and a commission paid to the Affiliate shall be corrected by Florboxoxo within 30 days of receiving written notification of that discrepancy from the Affiliate.

Partnership License

License: Florboxoxo grants the Affiliate a limited, nonexclusive, nontransferable, non-sub-licensable right to maintain the Affiliate Link on Affiliate Website to Florboxoxo Website, in accordance with the terms of this agreement, from which the Affiliate's website visitors can order Florboxoxo Products. Florboxoxo also grants Affiliate a nonexclusive, nontransferable license to use certain Florboxoxo trade names, trademarks, service marks, trade dress, logos, and other intellectual property used by Florboxoxo in identifying its business (collectively, the "Florboxoxo Marks") for the sole purpose of selling Florboxoxo Products and Services on the Affiliate Website. Florboxoxo shall provide Florboxoxo Marks to the Affiliate directly. The Affiliate may not use any other Florboxoxo intellectual property without Florboxoxo's prior written consent. Florboxoxo reserves all proprietary rights to Florboxoxo Marks and may immediately revoke or adjust the Affiliate's license at any time on written notice.

No Other Use: The Affiliate may not use Florboxoxo Marks for any purpose or on any other media except as stated in this agreement or as Florboxoxo expressly approves, or has approved, in writing. The Affliate shall display the Affiliate Link in a manner that does not reflect adversely on Florboxoxo or mislead visitors, use reasonable efforts to ensure the Affiliate Link works on the Affiliate Website and/or email, and that any visitor who clicks on the Affiliate Link will be connected to Florboxoxo Website; refer new, unique and legitimate customers (i.e., customers not previously existing to Florboxoxo) to Florboxoxo Website via the Affiliate Link.

Modification: Florboxoxo may submit written requests to modify or exclude any Florboxoxo Mark from the Affiliate Website and the Affiliate shall accommodate the request as soon as possible.

Affiliate Intellectual Property: The Affiliate grants Florboxoxo a nonexclusive license to utilize the Affiliate's trade names, trademarks, service marks, trade dress, logos, and other intellectual property used by the Affiliate in identifying its business (collectively, the "Affiliate IP") and website, including design, computer software, and other components, authorized by the Affiliate in writing (including by email), for the sole purpose of advertising, marketing, and promoting the Affiliate Program. At any time, the Affiliate may revoke or modify the licenses it has granted to Florboxoxo and Florboxoxo will use reasonable efforts to comply immediately with that revocation or modification.

The Affiliate represents that: it has all necessary rights, licenses, permits, and clearances to use the Affiliate IP and to offer, sell, or license the goods and services offered through the Affiliate IP and this will not violate any applicable laws or regulations or any third-party rights; the Affiliate IP does not violate or infringe any right of privacy, personality, or publicity, trade secrets, patents, copyrights, or trademarks under the laws of any governmental authority, domestic or foreign, or any other right of any third party; and the Affiliate IP will not misdirect or mislead Internet users.

"Keyword Buy": Means any advertisement that appears when certain words are purchased and that matches a given keyword search query, and "Search Engine" means software that acts as a service by searching an index or database and that returns relevant matches based on information typed into a query.

Florboxoxo owns the rights to certain trademarks, including those that are listed below.  The Affiliate is prohibited from bidding on Florboxoxo trademark terms on all Search Engines, as this use constitutes a trademark infringement of Florboxoxo trademarks. This includes any variations, combinations, and lower case variants of these terms with or without the "www" prefix or ".com" suffix. Florboxoxo will not pay a commission on any transactions derived from bidding on any of the following protected trademarked/brand-related keywords, and Florboxoxo may change these terms without notice to the Affiliate: Florboxoxo.

The Affiliate may not make Keyword Buys that are confusingly similar to or a derivation of, Florboxoxo name or other trademarks, including any misspellings or "typo squatting" variants of the Florboxoxo terms. The Affiliate may not use links that automatically redirect the user to Florboxoxo website in the Affiliate's search ads. The Affiliate may not use Florboxoxo Website (including all lower or uppercase variations) for any DISPLAY or DESTINATION URL listings used in paid search campaigns, or CLOAK or MASK the Florboxoxo Website URL in Search Engines. The Affiliate may not use Florboxoxo or any variation of Florboxoxo in the Affiliate's search ad creative.


Florboxoxo shall provide all assistance to the Affiliate to enable the Affiliate to post the Affiliate Link on the Affiliate Website; provide initial information and deliver the materials comprising the Affiliate Link within 5 business days of the effective date of this agreement; and maintain accurate records of the data used to determine the commissions earned by the Affiliate.

Partnership 

Restrictions & Terminations

The Affiliate shall not: use the trademarks, trade names, service marks, or logos of Florboxoxo except Florboxoxo Marks as expressly authorized by Florboxoxo; create, publish, distribute, or permit any written material that refers to Florboxoxo without first obtaining its written consent except as may have been previously agreed between the parties.

Spamming: If the Affiliate uses any Florboxoxo content without permission, Florboxoxo may, without limiting other forms of recourse, terminate the Affiliate's status in the Affiliate Program, create, publish, distribute, or permit any advertising referencing Florboxoxo, except as has been agreed in writing between the parties; not use Florboxoxo's name, logo, graphics or include a link to Florboxoxo Website in any form of unsolicited communication, including unsolicited email spam. The Affiliate must maintain strict compliance with the CAN-SPAM Act of 2003 and all amendments and modifications to that law.

Marketing Copy: Affiliate may use the words Florboxoxo in certain pre-approved ad copy, if that ad copy is not associated with the following words or phrases: best prices, lowest rates, discount, discounted rates, cheap, or a certain percentage off Florboxoxo's prices, frame, minimize, remove, cause to create a new window, or otherwise inhibit the full and complete display of each website, mirror, cobranded or derivative website belonging to Florboxoxo and its affiliates.

Affiliate Links: Altering the Affiliate Link in any manner including modification of the design, color, format, specification, or content of the Link is prohibited. Provide incentivized traffic, where offers with incentives or the appearance of incentives including points, lottery, coupon, contest entries or rewards, are used to generate revenue for Affiliate Customers. This includes placing misleading statements near the ad creative (e.g., "you will win $100") unless such discount or incentive receives prior written approval by Florboxoxo; serve ad creative, or drive Affiliate Customers to this ad creative, using any downloadable applications or software (also called adware, pop-up/pop-under technologies, plug-ins, and other names as applicable), and serving ad creative that are not initiated by the affirmative action of the Affiliate Customer without the prior written approval of Florboxoxo; and warrant that the Affiliate Website is written in English, is content based and not simply a list of links or advertisements, have a top-level domain name and does not promote or contain sexually explicit materials, promote violence or contain violent material, promote or contain libelous or defamatory materials, promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation or age.

If the Affiliate violates any of these restrictions, Florboxoxo may withhold commissions earned under this agreement, or immediately suspend or terminate the Affiliate's status as an affiliate.

Partnership Terms of Relationship

This agreement shall not create any employment, independent contractor, or agency relationship between the Affiliate and Florboxoxo. Neither party may enter contracts, assume or create any liability or make agreements of any kind for, in the name of, or on behalf of, the other party.

Any Affiliate Customer that follows the Affiliate Link to Florboxoxo Website, upon arrival and use of Florboxoxo Website, will be deemed to be a customer of Florboxoxo. Accordingly, Florboxoxo will be responsible for all aspects of order processing and fulfillment of Florboxoxo Products. All Florboxoxo rules, prices, policies, and operating procedures will apply to sales of Florboxoxo Products made under this agreement. Florboxoxo expressly reserves the right to add, delete, or modify its products and services and prices at any time. Florboxoxo also expressly reserves the right to reject any order.

Florboxoxo is not responsible for the operation or contents of the Affiliate Website, or any third-party website not controlled by Florboxoxo. The Affiliate is responsible for and must pay all expenses that are incidental to its activities and responsibilities under this agreement, including employees' and subcontractors' compensation; costs of developing, maintaining, and operating the Affiliate Website; programming costs; and creating, producing, or revising any marketing materials.

 

The Affiliate shall assume sole responsibility for any liabilities that may be incurred by the Affiliate in operating its business and fulfilling the terms of this agreement and is solely responsible for the payment of all foreign, federal, state, and local taxes that may accrue because of this agreement.

Partnership 

Warranties & Limitations

Florboxoxo shall abide by all warranties as they exist on Florboxoxo website. Except as set forth in this agreement, Florboxoxo makes no, and expressly disclaims all, warranties, or representations with respect to Florboxoxo's products and services provided to affiliate customers through the affiliate program and any services provided by Florboxoxo under this agreement including any implied warranties or warranties of merchantability or fitness for a particular purpose.

 

Additionally, Florboxoxo makes no representations that the operation of Florboxoxo website or services will be uninterrupted or error free and it will not be liable for the consequences of any interruptions or errors. Neither Florboxoxo nor any of its agents, employees, officers, or directors will be liable for consequential, incidental, or special damages, including lost profits, even if it has knowledge of the potential loss or damage. Florboxoxo's liability shall not exceed the total commission paid or payable under the agreement.

Right to Monitor Affiliate Website: Florboxoxo has the right, but not the duty, to monitor the Affiliate Website. Florboxoxo shall notify the Affiliate of any modification that Florboxoxo reasonably requests be made to the Affiliate Website in connection with posting the Affiliate Link. If the Affiliate fails to make that change, Florboxoxo may terminate the agreement immediately on written notice.

Right to Remove Link: Florboxoxo may direct the Affiliate to remove, and the Affiliate shall remove, the Affiliate Link from the Affiliate Website at any time and for any reason.

Partnership Confidential

Definition: "Confidential Information" means this agreement and all nonpublic information of a party, in whatever form, pertaining to the business of that party, including information relating to that party's finances, customer records, and information, and all associated documentation and materials that the party disclosing the information (in that capacity, a "Disclosing Party") designates as being confidential when disclosing it to the other party (in that capacity, a "Receiving Party"), or that, under the circumstances of disclosure, ought to be treated as confidential by the Receiving Party. Confidential Information also includes any information relating to the Disclosing Party's parent, subsidiaries, and affiliates.

 

Confidential Information does not include information or data that is: known to the Receiving Party before its disclosure by the Disclosing Party without an obligation of confidentiality under another agreement; independently developed by the Receiving Party without use of any Confidential Information; in the public domain when the Receiving Party seeks to disclose or make use of it, other than as a result of disclosure by the Receiving Party; or received by the Receiving Party from a third party with a legal or contractual right to disclose that information or data.

Disclosure: The Receiving Party shall not use or disclose the Confidential Information of the Disclosing Party except in connection with the exercise of its rights or the performance of its obligations under this agreement. The Receiving Party shall not disclose Confidential Information of the Disclosing Party to any person other than its employees, agents, or independent contractors who have a need to know it in connection with this agreement, and who are under obligations of confidentiality substantially like this section.

 

The Receiving Party shall protect the confidentiality of the Confidential Information of the Disclosing Party in the same manner that it protects the confidentiality of its own proprietary and confidential information, but in any case, with reasonable care. All Confidential Information made available under this agreement, including copies, shall be returned, or destroyed by the Receiving Party, and certified as having been returned or destroyed, promptly after the termination of this agreement.

Exceptions: A Receiving Party will not be in violation of this section if it discloses Confidential Information that is required to be disclosed because of a valid order by a court or other governmental body or by applicable law or by the rules of any nationally recognized stock exchange. However, under these circumstances, the Receiving Party shall notify the Disclosing Party in writing of the disclosure to permit the Disclosing Party to seek confidential treatment of that information.

Partnership

Indemnification

Of Florboxoxo by Affiliate: At all times after the effective date of this agreement, the Affiliate shall indemnify Florboxoxo against any award, charge, claim, compensatory damages, cost, damages, exemplary damages, diminution in value, expense, fee, fine, interest, judgment, liability, settlement payment, penalty, or other loss (a "Loss") or any attorney's or other professional's fee and disbursement, court filing fee, court cost, arbitration fee, arbitration cost, witness fee, and each other fee and cost of investigating and defending or asserting a claim for indemnification (a "Litigation Expense") arising out of: the Affiliate's gross negligence or willful misconduct arising from the Affiliate's carrying out of its obligations under this agreement; or the Affiliate's breach of any of its obligations or representations under this agreement. 

 

Of Affiliate by Florboxoxo: Florboxoxo shall at all times indemnify the Affiliate against a Loss or Litigation Expense caused by any breach of any of the representations or agreements made by Florboxoxo under this agreement.

Partnership Term

& Termination

Term: This agreement will become effective upon submission and acceptance of partnership application. Unless either party gives written notice to the other at least 30 days before the end of the Term, this agreement will renew automatically for an additional one-year term. This automatic extension will continue to apply at the end of each extended period until the agreement is terminated.

Termination Procedures: This agreement may be terminated: by either party, on provision of 30 days' written notice before the end of a Term via email; by either party for a material breach of any provision of this agreement by the other party if the other party's material breach is not cured within 30 days of receipt of written notice by Florboxoxo at any time and without prior notice, if the Affiliate violates the terms of this agreement, improper uses Florboxoxo's name, logo, or graphics (other than the proper use of Florboxoxo Marks provided under this agreement) or includes a link to Florboxoxo Website in any form of unsolicited communication such as spam.

Effects of Termination: After the termination of this agreement, all licenses granted under this agreement will terminate unless they are expressly stated as surviving. The parties shall promptly remove all marks of the other party from any website that party controls. Florboxoxo shall promptly pay the Affiliate any outstanding commissions owed to the Affiliate for services rendered before the effective date of the termination.

Partnership 

Severability & Notices

Severability: If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.

Notice Waiver: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

Entire Agreement: This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.

Effectiveness: This agreement will become effective upon acceptance of partnership. The date of the submission of the partnership application marks the electronic signature and you confirm you have reviewed and agree to our terms and conditions.

Necessary Acts; Further Assurances: Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.

Partnership Cancellation Policy

A Florboxoxo team member can assist with cancelling partnership via email support. Please note that a phone call and/or voicemail stating a request to cancel is not a valid cancellation. Valid cancellations must be completed through your online account and/or via email on file (support@florboxoxo.com | Subject: Partnership Cancellation).  All cancellation requests must be communicated from the email associated with the partnership membership. The email request must include partner verification requirements: affiliate account number, email and/or contact information on file.

 

There is no cancellation fee. Please note that partnership accounts may only be canceled by the registered user or holder of the valid business account on file. Members have the option to cancel or renew their partnership at the end of the membership term. Florboxoxo also reserves the right to remove any current discount codes, offers, deals, or bundles that may be associated with the account upon cancellation.

Survey Feedback

Here at Florboxoxo, we truly value and prioritize partner and client experience. To enhance our services, please provide feedback with a brief survey. Your feedback is greatly appreciated.

 

Please email us at support@florboxoxo.com for questions or feedback.

Last Updated: June 30, 2022