DUCHESS APPAREL AFFILIATE PROGRAM AGREEMENT
Last Updated: October 8, 2025
This DUCHESS APPAREL AFFILIATE PROGRAM AGREEMENT (the “Agreement”) is entered into between you (the “Affiliate,” “You,” or “Your”) and Duchess Apparel (“Duchess,” “We,” “Us,” or “Our”), concerning your participation in the Duchess Apparel Affiliate Program (the “Program”).
By registering for and participating in the Program, you expressly agree to be bound by the terms and conditions of this Agreement.
1. PROGRAM ENROLLMENT AND ACCEPTANCE
1.1. Eligibility: Participation in the Program is open to individuals and businesses worldwide, subject to our approval. You must be at least 18 years of age and legally permitted to enter into binding contracts.
1.2. Application Process: To enroll, you must complete the official Program application, providing complete and accurate information.
1.3. Acceptance/Rejection: We reserve the right, in our sole discretion, to accept or reject any application for any reason, including but not limited to: unsuitable content, ethical conflicts, or previous violations of this Agreement.
1.4. Independent Contractor Status: This Agreement does not create any partnership, joint venture, employment, franchise, or agency relationship between us. The Affiliate acts as an independent contractor and is solely responsible for all taxes, insurance, and other liabilities incurred in the course of performance.
2. AFFILIATE RESPONSIBILITIES AND RESTRICTIONS
2.1. Ethical and Legal Compliance (Disclosure): a. Mandatory Disclosure: You are required to clearly and conspicuously disclose your affiliate relationship with Duchess Apparel in all promotions, campaigns, and content (e.g., social media posts, videos, blogs) referencing our products. b. International Standards: This disclosure must be made in compliance with all applicable laws and regulations, including but not limited to the U.S. Federal Trade Commission (FTC) guidelines, and must be visible before the link is clicked (e.g., using hashtags like #ad, #sponsored, or #DuchessPartner). c. Truthful Representation: All representations about Duchess Apparel and our products must be accurate, truthful, and not misleading. You may not make any guarantees or warranties regarding the products beyond what is published by Duchess Apparel.
2.2. Prohibited Promotional Methods: a. Self-Referrals: Affiliates may not refer themselves or create fictitious accounts to generate commissions. b. Spam and Unsolicited Mail: You may not use bulk, unsolicited email, unsolicited messages in forums/groups, or any form of spamming to promote Duchess Apparel. c. Misleading Tactics: You may not use deceptive tactics such as link cloaking, forced clicks, browser cookie stuffing, or other methods designed to trick customers into clicking the affiliate link. d. Intellectual Property: You may not bid on any keywords containing the term “Duchess Apparel,” “Duchess,” or any variations or misspellings thereof in Paid Search Campaigns (PPC). e. Coupon Code Abuse: You may not promote coupon codes that were not officially provided or authorized for affiliate use. f. Adult/Offensive Content: You may not place links on any website or platform containing illegal, harassing, discriminatory, or ethically questionable content.
3. COMMISSION STRUCTURE AND TRACKING
3.1. Commission Tiers: Commissions are calculated based on the net sales volume generated by your unique Affiliate Link or assigned Coupon Code within a calendar month.
| Tier Name | Monthly Sales Volume (Net) | Commission Rate (Net Sales) |
| Bronze | 1 – 15 Sales | 10% |
| Silver | 16 – 30 Sales | 12% |
| Gold | 31+ Sales | 15% |
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3.2. Tier Review and Reset: Commission tiers will be reviewed upon the monthly payout cycle. The tier will be adjusted accordingly for the preceding month’s performance and reset to the base level (Bronze) for the start of the next calendar month.
3.3. Qualifying Sale: A “Qualifying Sale” is a transaction completed by a customer who clicks your unique Affiliate Link or uses your assigned Coupon Code and results in a full, non-refunded purchase.
3.4. Net Sales: Commissions are based on the net sales amount (the final product price after discounts, excluding shipping fees, taxes, and duties).
3.5. Cookie Policy (Tracking Window): We employ a generous 45-day cookie retention period. This means you will receive credit for a Qualifying Sale if the customer completes the purchase within 45 days of their last click on your Affiliate Link.
3.6. Last Click Attribution: Commission credit will be awarded solely to the last Affiliate Link clicked by the customer before the purchase is made.
3.7. Coupon Code Restriction: Only one affiliate coupon code can be used per order. If multiple affiliate coupons are applied, the sale will be attributed to the code that was successfully applied and processed by the system.
4. PAYOUTS AND COMPENSATION
4.1. Payout Schedule: Payouts will be processed once monthly, during the last week of the month, for all commissions earned and approved during the preceding payout period.
4.2. Minimum Payout Threshold: Duchess Apparel reserves the right to set a minimum payout threshold. Commissions below this threshold may be rolled over to the next payout cycle.
4.3. Payment Methods and Fees: Affiliates will be paid via: a. Local (Kenya): Bank Transfer or M-Pesa. b. International: PayPal.
4.4. Fee Deduction: All cash transfer fees (e.g., bank fees, PayPal fees, M-Pesa withdrawal fees) associated with processing the payment will be deducted from your total payable commission before the transfer is initiated.
4.5. Affiliate Responsibility for Payout Details: Upon acceptance into the Program, you must provide the following details via email to Duchess Apparel: * M-Pesa: Phone number and legal name. * Bank Transfer: Account number and legal name. * PayPal: Email address and legal name. * You bear the sole responsibility for ensuring that these payment details are correct and current. Duchess Apparel will not be liable for commissions sent to an incorrect account due to Affiliate error.
5. MARKETING AND INTELLECTUAL PROPERTY
5.1. Creative Support: Duchess Apparel will provide access to a library of high-quality product photos, captivating videos, and marketing materials for your promotional use.
5.2. License Grant: Duchess Apparel grants the Affiliate a non-exclusive, non-transferable, revocable license to use our trade names, trademarks, service marks, logos, and promotional materials solely for the purpose of promoting Duchess Apparel products in accordance with this Agreement.
5.3. Creative Freedom (Affiliate Content): You retain creative freedom to craft your own unique campaigns, provided they maintain the brand image and align with the sophisticated and luxurious nature of Duchess Apparel products.
5.4. Ownership: All materials, designs, and content provided by Duchess Apparel remain the sole property of Duchess Apparel.
6. TERMINATION
6.1. Termination by Duchess Apparel: We may terminate this Agreement immediately and without prior notice if we determine, in our sole discretion, that the Affiliate has violated any term of this Agreement, engaged in fraudulent activity, or conducted promotions that are detrimental to the Duchess Apparel brand.
6.2. Termination by Affiliate: The Affiliate may terminate this Agreement at any time by providing written notice to Duchess Apparel.
6.3. Effect of Termination: Upon termination, all licenses granted herein will immediately cease. The Affiliate will be entitled to payment of commissions earned and payable prior to the date of termination, provided the termination was not due to fraudulent or illegal activity.
7. MISCELLANEOUS
7.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
7.2. Confidentiality: All non-public information, including commission rates, sales data, and internal strategies, shared by Duchess Apparel remains confidential and may not be disclosed to third parties.
7.3. Amendments: Duchess Apparel reserves the right to amend this Agreement at any time. Notice of any change will be communicated to Affiliates via email or publication on the Program website. Continued participation after notification of change constitutes acceptance of the new terms.