Affiliate Program Terms of Service

Every individual, company, or organization that enrolls in our Affiliate Program must agree to and abide by the following terms and conditions. Read the following in its entirety. If you have any questions, please contact us.

1. 1801 & Co. Affiliate Agreement

This Agreement (the “1801 & Co. Website Affiliate Agreement”) is entered at the time of sign-up and participation in the 1801 & Co. Affiliate Program (the “Program”). This Agreement is a binding, legal contract between you (the “Affiliate”), and 1801 & Co.  Throughout this Agreement, “we,” “us,” and “our” refer to 1801 & Co., and “you,” “your,” and “yours” refer to the Affiliate.

2. Modification

1801 & Co. may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures, and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.

3. Enrollment

To begin the enrollment process, complete and submit the online application at the 1801 & Co. website.

1801 & Co. will cancel an existing Affiliate account or deny an application if we determine that your web site is unsuitable for our Program because it:

  • Promotes sexually explicit materials.
  • Promotes violence.
  • Promotes discrimination.
  • Promotes illegal activities.
  • Infringes or otherwise violates any copyright, trademark, or other intellectual property rights of 1801 & Co., Inc. or any other site.
  • Includes “1801 & Co.” or variations or misspellings thereof in its domain name.
  • Is otherwise in any way unlawful, defamatory, otherwise objectionable to us in our sole discretion.

4. Permitted Use of Promotional Materials and Images

1801 & Co. will make available to Affiliates certain banner advertisements, button links, text links, and/or other design resources (“Promotional Materials”) for display on your website and email lists. Affiliates will include a link from the Promotional Materials to 1801 & Co.’s website. You may use the Promotional Materials ONLY for the purpose of promoting our website (and the products and services available there), and for linking to our website.

As an affiliate, you may copy images of 1801 & Co. curriculum products directly from 1801andco.com. You may place these images on your website ONLY for the purpose of promoting 1801 & Co. products using your affiliate links. You must use the 1801 & Co. logo or images from the 1801 & Co. website in a way that maintains the integrity of our brand.

You MAY use paid-promotion methods such as Google ads and Facebook ads. However, Facebook ads MAY NOT target people who have “liked” 1801 & Co.’s Facebook page.

5. Prohibited Use of Promotional Materials and Images

Affiliate websites or any of an Affiliate’s offline material that appears alongside the 1801 & Co. name or link must be wholesome and in keeping with the integrity of the 1801 & Co. brand.

Violation of one or more of the following cases is grounds for immediate termination of your Affiliate account:

  • You MAY NOT use any graphics to promote 1801 & Co.’s website, products, or services other than the Promotional Materials. If you wish to create your own graphics, you must first obtain permission in writing from 1801 & Co. prior to their display.
  • You MAY NOT alter or modify the Promotional Materials as they are prepared by 1801 & Co. If you wish to modify the Promotional Materials, you must obtain prior written consent from 1801 & Co.
  • You MAY NOT use the 1801 & Co. logo or other 1801 & Co. website/branding imagery in a header graphic in any way as to suggest you are officially affiliated or partnered with 1801 & Co.
  • Affiliate websites or materials MUST NOT mislead the consumer to believe they are on a website owned by 1801 & Co. You MAY NOT use the term “1801 & Co.” in ANY variation in your site URL (ex. (1801andcocoupons.com, 1801andco.net, etc.).
  • When bidding on keywords, you may not include or use any variation of “1801 & Co.,” “1801andco.com,” or other trademarks owned by 1801 & Co.

6. Intellectual Property

1801 & Co. retains all rights, ownership, and interest in the Affiliate Program promotional materials, and in any copyright, trademark, or other intellectual property in the promotional materials.

7. Commissions

This is a pay-per-sale Affiliate Program. Each Affiliate will be issued a special URL which will be unique to you and you only. This will allow you to be paid for affiliate referrals.

Affiliates will receive 8% of the revenue as a commission from orders placed through properly coded affiliate links on all products. For a sale to generate a commission to an Affiliate, the customer must visit 1801 & Co.’s website as a result of clicking on the link within the promotional materials on your website, newsletter, or social media. Commissions will only be paid on sales that result from the customer clicking through qualified, correctly structured affiliate links. Properly coded links are the sole responsibility of the Affiliate.

The first Affiliate to refer a buyer will receive the commission for the sale. Your affiliate link cookies are good for 90 days. If a customer clicks your affiliate link using the same browser on the same device without clearing their cookies, you will get credit for any resulting sales for up to 90 days.

As an Affiliate, you MAY receive commissions on your own purchases.

Shipping and sales tax are not eligible for commissions.

Affiliate shall not attempt to: (i) artificially generate click-throughs to the 1801 & Co. website by use of deception or misrepresentation or (ii) create or employ any mechanism designed to artificially or automatically generate click-throughs to 1801 & Co.’s website.

8. Payment

1801 & Co. pays Affiliates via your PayPal account, provided to 1801 & Co. when you sign up for the program. If the PayPal email changes, it is your responsibility to notify 1801 & Co. to ensure proper commission payments. We will not resend Affiliate payments that failed due to incorrect payment email addresses.

Commissions are not paid on refunded items. If a product is returned to 1801 & Co., the commission originally earned on the sale of that product will be reversed in your Affiliate account.

Affiliate payouts will be made on the first Monday of every month. Payments will be sent the second month AFTER the referral is generated. Affiliates should expect to receive commissions 30-60 days from the date the affiliate sale is processed to allow the full 30 days needed to process any returns and refunds.

If the commission does not exceed $20 for U.S.-based affiliates during the prior period, 1801 & Co. reserves the right to hold payment until commissions accumulate to the minimum amount.

Affiliate commissions are paid through PayPal. PayPal will issue IRS Form 1099 for tax purposes.

9. Taxes

1801 & Co. shall not be responsible for any taxes owed by the Affiliate arising out of your relationship with 1801 & Co. as set forth in this Agreement. We shall not withhold any taxes from Affiliate commissions.

10. Compliance and Disclosure

Affiliates must comply with all spam laws. You may not in any way mention 1801 & Co. in bulk emails that you send either to purchased lists or to lists you do not own.

You MAY send your 1801 & Co. affiliate link via email to relevant email lists that you personally own. Be aware that if you send advertisements via email, you must have the consent of the recipient to do so.

As per FTC guidelines, you must disclose to your visitors that you are an Affiliate and receive financial compensation for your endorsement of 1801andco.com. You are also responsible for following all FTC guidelines and other relevant federal, state or local laws.

11. Relationship of Parties

Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on 1801 & Co.’s behalf.

12. Term and Termination

The terms begin when you accept this Agreement and end when the Agreement is terminated by either party. Either 1801 & Co. or the Affiliate may terminate this Agreement at any time, with or without cause. Upon termination, all licenses granted in this Agreement shall end, and you must immediately remove from your website all affiliate links to the 1801 & Co. website, and all 1801 & Co. trademarks and logos, other 1801 & Co. marks, and all other materials provided in connection with the Affiliate Program.

13. Limitation of Liability

1801 & Co. will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, 1801 & Co.’s liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the Affiliate under this Agreement.

14. Disclaimers

1801 & Co. makes no express or implied warranties or representations with respect to an Affiliate’s potential to earn income from the Program. In addition, 1801 & Co. makes no representation that the operation of the 1801 & Co. website or the affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

15. Miscellaneous

Should 1801 & Co. fail to enforce the Affiliate’s strict performance of any provision of this Agreement, it will not constitute a waiver of 1801 & Co.’s right to subsequently enforce such provision or any other provision of this Agreement.

By signing up with the 1801 & Co. Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions.