SCHOTT NYC AFFILIATE PROGRAM AGREEMENT

This Affiliate Program Agreement the “Agreement” is entered into by and between Schott NYC / Schott Bros. Inc. “Schott,” “Company,” “we,” “us,” or “our” and the individual or entity participating in the Schott NYC affiliate program “Affiliate,” “you,” or “your.”

By applying to, joining, or participating in the Schott NYC affiliate program the “Program,” Affiliate agrees to be bound by this Agreement, Schott’s applicable policies, and any instructions provided by Schott or its affiliate platform.

1. Appointment

Schott grants Affiliate a limited, revocable, non-exclusive, non-transferable right to promote approved Schott products and direct customers to Schott-owned websites, including schottnyc.mom, using links, codes, creative assets, and tracking methods approved by Schott.

Affiliate is an independent contractor and has no authority to bind Schott, make representations on Schott’s behalf, or act as Schott’s agent, employee, franchisee, partner, or legal representative.

2. Acceptance into the Program

Participation in the Program is subject to Schott’s approval, in its sole discretion. Schott may reject, suspend, or remove any Affiliate at any time, with or without cause, including where Schott determines that the Affiliate’s website, social media content, conduct, audience, or promotional methods are inconsistent with Schott’s brand, reputation, commercial interests, or legal obligations.

Schott may terminate participation immediately if Affiliate engages in conduct Schott views as misleading, deceptive, unlawful, offensive, brand-damaging, or inconsistent with Schott’s heritage, premium positioning, or values.

3. Commission Structure

Affiliate may earn commissions on qualifying sales that are properly tracked through Schott’s approved affiliate platform or other approved tracking method.

Unless otherwise agreed in writing by Schott:

  • Commission rate: 8%

  • Cookie/referral window: 7 days

  • Minimum payout threshold: $50

  • Payment timing: End of each month if autopay is set up

  • Affiliate platform: SimpleAffiliate

Schott may change commission rates, cookie windows, payout schedules, eligible products, excluded products, or Program terms at any time. Changes may apply prospectively or, where necessary to prevent abuse, retroactively.

4. Qualifying Sales

A “Qualifying Sale” means a completed purchase by a customer on a Schott-approved website that:

  1. originated from Affiliate’s properly coded and approved tracking link or code;

  2. was tracked and reported by Schott’s affiliate platform or approved tracking system;

  3. was not canceled, returned, refunded, charged back, fraudulent, or otherwise invalid;

  4. complies with this Agreement and all Program rules; and

  5. is not otherwise excluded by Schott.

Schott’s tracking records and affiliate platform records will be the controlling source for determining whether a sale qualifies for commission.

5. Excluded Sales and Commission Adjustments

No commission will be owed on:

  • returned, exchanged, canceled, refunded, or charged-back orders;

  • fraudulent, suspicious, or self-referred orders;

  • orders placed using unauthorized coupons, discounts, or promotional methods;

  • wholesale, employee, friends-and-family, retail partner, distributor, marketplace, or bulk orders;

  • orders generated through prohibited paid search, trademark bidding, cookie stuffing, forced clicks, browser extensions, toolbars, bots, misleading redirects, or other improper methods;

  • orders where tracking fails, is blocked, is overwritten, or cannot be verified;

  • orders for excluded products, limited releases, collaborations, special drops, gift cards, or other items designated by Schott; or

  • any sale Schott determines, in its sole discretion, was not legitimately generated by Affiliate.

Schott may reverse, offset, withhold, or claw back commissions for any non-qualifying sale or suspected Program violation.

6. Payment

Commissions will be paid through Schott’s affiliate platform or other method selected by Schott. Affiliate is responsible for providing accurate payment, tax, and contact information.

Schott will not be responsible for delayed, failed, or misdirected payments caused by inaccurate Affiliate information, platform issues, banking issues, tax documentation issues, or compliance review.

Schott may withhold payment pending investigation of suspected fraud, policy violations, unusual activity, legal concerns, or incomplete tax documentation.

Affiliate is solely responsible for all taxes, reporting obligations, and expenses arising from participation in the Program.

7. FTC, Advertising, and Disclosure Compliance

Affiliate must comply with all applicable laws, rules, regulations, platform terms, and advertising standards, including the Federal Trade Commission’s endorsement, testimonial, advertising, and disclosure requirements.

Affiliate must clearly and conspicuously disclose its relationship with Schott whenever posting, reviewing, recommending, linking to, or otherwise promoting Schott products. The FTC states that influencers and endorsers must disclose material relationships with brands, and that endorsements must be truthful and not misleading. The FTC’s revised Endorsement Guides also emphasize clear and conspicuous disclosures and include updated principles and examples.

Disclosures must be easy to notice and understand, and must appear before or near the affiliate link, endorsement, product recommendation, or claim. Affiliate may not hide disclosures in footers, bios, terms pages, “more” links, vague hashtags, or locations unlikely to be seen by consumers.

Examples of acceptable disclosure language may include:

  • “I earn a commission if you buy through this link.”

  • “Affiliate link.”

  • “Paid partnership with Schott NYC.”

  • “Schott NYC affiliate.”

Affiliate is solely responsible for ensuring that all disclosures are legally compliant. Schott may require Affiliate to edit, remove, or correct any content that Schott believes is noncompliant or inconsistent with Schott’s standards.

8. Truthful Claims; No Unauthorized Representations

Affiliate may not make any false, misleading, unsubstantiated, exaggerated, or unauthorized claims about Schott, Schott products, product availability, pricing, discounts, origin, materials, performance, fit, durability, warranty, shipping, returns, or any other product or company matter.

Affiliate may only make statements that are truthful, accurate, and consistent with Schott’s official product pages, published policies, and approved brand materials. Claims in advertising must be truthful, non-deceptive, and evidence-based.

Affiliate may not state or imply that:

  • Affiliate is employed by Schott;

  • Affiliate speaks on behalf of Schott;

  • Schott has approved all of Affiliate’s statements;

  • Schott products are discounted unless Schott has authorized the discount;

  • any product is “Made in USA,” “handmade,” “limited,” “exclusive,” or otherwise specially designated unless expressly stated by Schott;

  • Schott guarantees a particular fit, result, resale value, delivery date, or product performance; or

  • Affiliate’s content is independent or unbiased if Affiliate receives commissions, products, compensation, or other benefits from Schott.

9. Brand Guidelines and Use of Schott Intellectual Property

Schott owns all rights, title, and interest in its trademarks, logos, trade names, service marks, product names, designs, images, copy, videos, creative assets, and other intellectual property, including but not limited to Schott NYC, Schott Bros., Perfecto, and related marks.

Affiliate may use Schott-provided creative assets solely to promote Schott products under this Agreement. Affiliate may not alter Schott logos, product images, copy, or brand assets without prior written approval.

Affiliate may not:

  • register or use any domain, social handle, account name, app name, ad account, business name, or keyword containing “Schott,” “Schott NYC,” “Schott Bros.,” “Perfecto,” or confusingly similar terms;

  • imply ownership of or official control over Schott brand channels;

  • use Schott intellectual property in a way that suggests endorsement beyond the affiliate relationship;

  • use Schott assets in connection with offensive, political, illegal, misleading, adult, hateful, discriminatory, violent, or otherwise inappropriate content;

  • sell, license, sublicense, distribute, or misuse Schott creative assets; or

  • create counterfeit, derivative, or imitation Schott products, pages, ads, or materials.

All goodwill arising from Affiliate’s use of Schott intellectual property will inure solely to Schott.

10. Approved Promotional Methods

Affiliate may promote Schott products through approved websites, blogs, editorial content, social media posts, newsletters, video content, and other channels disclosed to and approved by Schott.

Schott reserves the right to approve, reject, restrict, or revoke any promotional method at any time.

Affiliate must maintain a professional and brand-appropriate presentation and must promptly remove outdated, inaccurate, or noncompliant content upon request.

11. Prohibited Promotional Methods

Affiliate may not engage in any of the following without Schott’s prior written approval:

  1. Paid Search / Trademark Bidding
    Bidding on “Schott,” “Schott NYC,” “Schott Bros.,” “Perfecto,” misspellings, confusingly similar terms, product names, URLs, or other Schott-owned terms.

  2. Coupon, Deal, Loyalty, Cashback, or Rebate Promotion
    Using coupon/deal/cashback/loyalty sites, browser extensions, plug-ins, toolbars, or similar methods unless expressly approved by Schott.

  3. Unauthorized Discounts
    Promoting codes, discounts, offers, or sales not expressly authorized by Schott.

  4. Misleading Clicks or Traffic
    Cookie stuffing, forced clicks, hidden links, auto-redirects, link cloaking, pop-ups, pop-unders, bots, fake traffic, click farms, incentivized clicks, or any artificial traffic generation.

  5. Email or SMS Spam
    Sending unsolicited email, SMS, DMs, or messages, or violating CAN-SPAM, TCPA, privacy laws, platform rules, or anti-spam requirements.

  6. False Urgency or Scarcity
    Making unauthorized claims about limited stock, limited time, exclusive access, special pricing, or product discontinuation.

  7. Resale and Marketplace Activity
    Listing Schott products on Amazon, eBay, Walmart, Etsy, Grailed, StockX, Poshmark, or any marketplace using affiliate links or claiming affiliation.

  8. Brand Confusion
    Creating websites, ads, accounts, or content that appear to be official Schott properties.

  9. Offensive or Inappropriate Content
    Promoting Schott in connection with hate speech, harassment, adult content, illegal activity, violence, discrimination, political extremism, counterfeit goods, or any content Schott deems harmful to its brand.

  10. AI, Scraping, or Automated Misuse
    Using bots, scrapers, automated content generation, misleading AI-generated content, unauthorized product feed scraping, or automated account creation in connection with the Program.

Violation of this section may result in immediate termination and forfeiture of unpaid commissions.

12. Coupons and Promotional Codes

Affiliate may only promote coupon codes, discounts, or offers that Schott provides directly to Affiliate or expressly approves in writing.

Affiliate may not scrape codes, use codes from third-party websites, promote expired codes, suggest that unauthorized codes are valid, or use misleading coupon language to generate clicks.

Schott may deny commissions on orders using unauthorized, leaked, expired, or improperly promoted codes.

13. Content Ownership and License

Affiliate owns its original content, subject to Schott’s ownership of Schott intellectual property.

Affiliate grants Schott a worldwide, royalty-free, fully paid, perpetual, irrevocable, sublicensable, transferable license to use, reproduce, repost, share, display, distribute, edit, excerpt, and otherwise exploit any content Affiliate creates that references, depicts, tags, links to, reviews, or promotes Schott or Schott products, including Affiliate’s name, handle, likeness, image, voice, and statements, for Schott’s marketing, advertising, social media, website, email, retail, wholesale, internal, and archival purposes.

Affiliate represents that it has all necessary rights and permissions from photographers, videographers, models, creators, employees, contractors, and any other third parties appearing in or contributing to such content.

14. Product Samples, Gifts, and Loans

Schott may, in its sole discretion, provide products, samples, gifts, discounts, or loans to Affiliate. Unless Schott states otherwise in writing, such items do not guarantee acceptance into the Program, continued participation, exclusivity, special commission rates, or approval of any content.

If products are loaned, Affiliate must return them in the same condition, ordinary wear excepted, by the date requested by Schott. Affiliate is responsible for loss, theft, damage, late return, or failure to return loaned items.

Receipt of free or discounted products must be clearly disclosed in accordance with applicable law and platform requirements.

15. Confidentiality

Affiliate may receive non-public information from Schott, including commission rates, product launch information, pricing, promotional plans, performance data, product samples, unreleased designs, business strategy, or other confidential information.

Affiliate must keep all confidential information strictly confidential and may not disclose, publish, share, or use it except as necessary to perform under this Agreement.

This obligation survives termination.

16. Privacy and Data

Affiliate must comply with all applicable privacy, data protection, advertising, email, SMS, cookie, and tracking laws.

Affiliate may not collect, use, sell, disclose, or process consumer personal information on Schott’s behalf unless expressly authorized in writing by Schott. Affiliate may not use Schott customer data for any purpose.

Affiliate must maintain a legally compliant privacy policy if required by law or by the platforms it uses.

17. Monitoring and Audit Rights

Schott may monitor Affiliate’s websites, social accounts, ads, emails, promotional methods, disclosures, traffic sources, and compliance with this Agreement.

Affiliate must provide reasonable information requested by Schott regarding promotional activity, traffic sources, compliance, disclosures, and sales generation.

Schott may suspend tracking, withhold payments, reverse commissions, or terminate Affiliate if Schott determines Affiliate has violated this Agreement or if Affiliate fails to cooperate with a compliance review.

18. No Exclusivity

This Agreement is non-exclusive. Schott may work with any other affiliates, influencers, publishers, agencies, retailers, collaborators, media partners, or promotional partners.

Affiliate may promote other brands, provided such promotion does not violate this Agreement, misuse Schott intellectual property, create brand confusion, or harm Schott’s reputation.

19. Term and Termination

This Agreement begins when Affiliate is accepted into the Program and continues until terminated.

Either party may terminate this Agreement at any time, for any reason, upon written notice.

Schott may terminate immediately, without prior notice, for any suspected violation of this Agreement, legal noncompliance, fraud, brand harm, misuse of intellectual property, unauthorized promotional activity, or conduct Schott deems inappropriate.

Upon termination, Affiliate must immediately stop using Schott links, codes, trademarks, logos, product images, creative assets, confidential information, and any language suggesting an active relationship with Schott.

Schott may withhold or forfeit unpaid commissions if Affiliate violated this Agreement or generated commissions through improper methods.

20. Modification of Program Terms

Schott may modify this Agreement, Program terms, commission rates, eligible products, policies, or promotional rules at any time. Continued participation in the Program after changes are posted, emailed, or otherwise made available constitutes acceptance of the updated terms.

If Affiliate does not agree to updated terms, Affiliate must stop participating in the Program.

21. Representations and Warranties

Affiliate represents and warrants that:

  1. Affiliate has full authority to enter into this Agreement;

  2. Affiliate’s participation will comply with all applicable laws, regulations, and platform rules;

  3. Affiliate’s content will be truthful, accurate, and non-misleading;

  4. Affiliate will make all required disclosures;

  5. Affiliate owns or has rights to all content it creates;

  6. Affiliate will not infringe or misappropriate any third-party rights;

  7. Affiliate will not engage in fraudulent, deceptive, or harmful conduct; and

  8. Affiliate will comply with all Schott instructions and Program rules.

22. Indemnification

Affiliate will defend, indemnify, and hold harmless Schott, its affiliates, owners, officers, directors, employees, agents, representatives, successors, assigns, and partners from and against any claims, damages, liabilities, losses, costs, penalties, fines, settlements, judgments, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  • Affiliate’s breach of this Agreement;

  • Affiliate’s content, statements, endorsements, reviews, or promotions;

  • Affiliate’s failure to disclose its relationship with Schott;

  • Affiliate’s violation of law, regulation, or platform rules;

  • Affiliate’s infringement or misuse of intellectual property;

  • Affiliate’s negligence, willful misconduct, fraud, or deceptive practices;

  • Affiliate’s tax, employment, or payment obligations; or

  • any claim that Affiliate acted as Schott’s agent, employee, or representative.

23. Disclaimers

The Program, affiliate links, tracking systems, creative assets, platform tools, products, websites, and related materials are provided “as is” and “as available.”

Schott makes no guarantee that:

  • Affiliate will earn any commission;

  • tracking will be uninterrupted or error-free;

  • products will remain available;

  • prices, promotions, or commission rates will remain unchanged;

  • any content will be approved;

  • any customer will complete a purchase; or

  • participation will continue for any length of time.

24. Limitation of Liability

To the fullest extent permitted by law, Schott will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or lost-profit damages arising out of or related to this Agreement or the Program.

Schott’s total liability under this Agreement will not exceed the amount of unpaid, valid, non-disputed commissions owed to Affiliate for Qualifying Sales during the three months preceding the event giving rise to the claim.

25. Governing Law and Venue

This Agreement will be governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.

Any dispute arising out of or related to this Agreement will be brought exclusively in the state or federal courts located in  New Jersey, and Affiliate consents to personal jurisdiction and venue in those courts.

26. Injunctive Relief

Affiliate acknowledges that breach of provisions relating to intellectual property, confidentiality, brand misuse, false advertising, or prohibited promotional methods may cause Schott irreparable harm. Schott may seek injunctive or equitable relief without posting bond, in addition to any other remedies available.

27. Assignment

Affiliate may not assign, transfer, delegate, or sublicense this Agreement or any rights or obligations under it without Schott’s prior written consent. Schott may assign this Agreement at any time.

28. Notices

Notices to Schott must be sent to:

Schott NYC 

 Attn: Legal / Affiliate Program Manager
735 Rahway Ave, Union, NJ 07083
David@schottnyc.mom

Notices to Affiliate may be sent to the email address or account information provided by Affiliate through the Program or affiliate platform.

29. Entire Agreement

This Agreement, together with Schott’s applicable Program rules, brand guidelines, platform terms, and written instructions, constitutes the entire agreement between the parties regarding the Program and supersedes all prior discussions or understandings.

If any provision is found unenforceable, the remaining provisions will remain in effect.

Schott’s failure to enforce any provision will not constitute a waiver.