This agreement (“Agreement”) describes the terms and conditions for participation in the (Notorious Gear) Affiliate Program. The terms “Affiliate,” “you,” and “your” are referring to you, the person who is applying to participate in our affiliate program. “We” and “our” refer to (Notorious Gear).
You and we are independent parties and you agree that this Agreement shall not create any form of partnership or employer-employee relationship between us. If you are accepting this Agreement on behalf of another person or a company, you agree that you have authority to bind them.
REGISTRATION AND USE
To be eligible to participate as an affiliate, you must be at least eighteen (18) years old, and have a valid tax ID or social security number. If you are in the United States you must complete a W9 form or its equivalent in your country. During the registration process you may be asked to provide certain information. In providing this information you represent and agree that all information is, and will remain, truthful and current.
We reserve the right to determine whether you are eligible or terminate your participation with us at any time, without notice. We reserve the right to terminate your account at any time without notice or reason, but specifically we may do so if you or your site violates any term of this Agreement or any applicable law. Termination of your account for breach or violation of law may include forfeiture of any compensation owed and disgorgement of any already paid.
AGREEMENT DURATION AND TERMINATION
This Agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party, but we may terminate this agreement at any time, without notice, for your breach or violation of law.
Termination may occur at any time, with or without cause, by giving the other party written notice of the termination in accordance with this Agreement.Once the Agreement is terminated, you will immediately cease your participation with the site, remove any offers, content, links or creative that has been provided to you by us or our advertisers. Once terminated you will forfeit any rights to any compensation from the date of termination.
We may also reject any application if you are from a state that currently imposes a tax on the sale of goods or services by affiliates (i.e. nexus tax) and the advertiser does not wish to promote its products in that state through you.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion, regardless of the dissimilarity that may occur between the amended version of the Agreement and the original version. These modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and rules relating to our affiliate program. If any of the modifications are unacceptable to you, you must immediately terminate this Agreement and notify us of such notification; you must not continue participating in the affiliate program. By continuing to participate in the program following the posting of a Change Notice or amendments to this Agreement, you are indicating that you accept the modifications and agree to comply with them.
The schedule for you to receive compensation is based on the occurrence of a valid event, which is governed by the terms of the offer and its requirements. We reserve the right, in our sole discretion, to determine the validity of any event that would lead to compensation to you. Furthermore, we will have no obligation to pay for invalid actions or if the advertiser(s) fails to remit payment.
Depending on the particular offer, your compensation may be based on (INSERT YOUR FEE) % of the gross revenue or $____._ per sale as a commission from the particular valid action that would trigger compensation to you (i.e. orders placed through your Affiliate Site). You will only be paid for legitimate compensation that was earned, which is determined by us in our sole discretion. Payment will be made by an approved method that will be posted on the site, and in U.S. Dollars unless otherwise agreed to by both parties in writing. You will be paid only once you have reached a payment threshold of at least $50.00USD (or another number agreed in writing by both parties) and paid on terms of a schedule of ___________days after the last day of the calendar month or another time frame which has been agreed upon in writing by both parties.
(Word This Paragraph to Your Particular Affiliate Program)
For a sale to generate a commission to an Affiliate, the customer must complete the order form, remit full payment for the service ordered, and have their installation completed. You will receive ______% for orders placed through the Affiliate Sites of those sub-Affiliates which you have sponsored into the __________ Affiliate Program. Affiliate commissions will only be paid on sales which are made through qualified Affiliates.
Compensation can only be earned between the acceptance of the Affiliate application and notice of termination. Fees will be paid on the first day of each month by (Notorious Gear). Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due, a billing invoice for the amount will be issued.
Affiliates must have an active link on their website. In order to qualify for commissions on sub-affiliate sales in any given month, an affiliate must personally sell at least one order during that month. Affiliate will also be responsible for all taxes and fees that they may incur.
(Notorious Gear) will be solely responsible for processing every order placed by a customer on the Affiliate and sub-affiliate sites. Customers who purchase products and services through the (Notorious Gear) will be deemed to be customers of (Notorious Gear). Prices and availability of our products and services may vary from time to time. (Notorious Gear) policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
As stated above, your eligibility to participate depends on several things including how you promote the products or services. (Notorious Gear) reserves the right, in its sole discretion and without explanation to you, to reject your participation in the (Notorious Gear) based on site content. For example, Sites that do not qualify for the (Notorious Gear) Affiliate Program include, but are not limited to, sites that:
- -Are X- rated and promote sexually explicit materials
- -Promote violence and discord.
- -Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- -Promote illegal or questionable activities
- -Violate intellectual property rights or other rights of third parties
- – Sites that use spyware, malware, or adware
- – Sites that collect personal information about visitors without their knowledge
- – Sites that iframe any offer
- – Sites that impersonate any person or give the impression that the Site is endorsed by any particular person
- – Sites that are unable to direct reasonable amounts of traffic
- – Sites that are under construction
- – Sites that require a login/password, unless approved by us
- – Sites that contain exit pops or ghost pixel firing
- – Sites that use fake news stories or are created in a way to resemble a news site (flogs, farticles)
- -Violate any law of any applicable jurisdiction
- -Would otherwise bring our (Notorious Gear) Affiliate Program into disrepute
We reserve the sole right to determine whether your website is disqualified from our program due to the above restrictions.
You must not under any circumstances engage in fraudulent, unfair, or deceptive practices when participating in our (Notorious Gear). This includes, but is not limited to, the practice commonly known as “cookie stuffing,” offering non-existent incentives as a reward for purchasing items, or any other fraudulent, unfair, or deceptive practice. We reserve the right to determine, in our sole discretion, whether you or your site has utilized any fraudulent method or is engaging in deceptive tactics. We may suspend or terminate your account if we have any reason to believe that you are committing fraud or deceit and at any time, in our sole discretion. If your account is suspended or terminated for fraud you will forgo any rights to compensation both paid, and unpaid.
Unsolicited Commercial E-mail – (Notorious Gear) in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected not to do anything that would violate this policy. Violation of this policy will result in the termination of the Agreement and immediate dismissal from the (Notorious Gear) Affiliate Program, with no refund or payments made for affiliate commissions earned.
DATA AND INTELECTUAL PROPERTY
Once you are approved, and so long as you remain eligible, you are granted a non-exclusive, revocable, limited non-transferable license to use materials that are provided to you by us or an advertiser for a particular offer. You do not have any intellectual property rights in any of those materials. Furthermore, any data that is collected or generated through your efforts, use, or participation are deemed to be confidential information of our company and become wholly owned by us.
This information is proprietary to us, and is considered a trade secret. You will remain responsible for its accuracy and safeguarding it, which includes not reproducing it or storing it in unsecure locations. You will not disclose any of this data to anyone outside of this Agreement and will notify us within two (2) hours if you believe the data or your site has been compromised. You will be liable to us for any claims, whether brought or threatened, that is connected to the use or misuse of our site or the data.
You agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control
You agree to indemnify us for and defend against any actions by third parties related to your participation in our program. For example, if you violate our anti-spam policy, and we get sued as a result of your activity, you must indemnify us for the damages and legal fees that you cause us to incur.
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the (Notorious Gear) Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time. We express disclaim all warranties, whether written or oral. We will not be liable for any damages that you, or any third party, may incur as a result of your use or misuse of our site or promotion of any offer or loss of any data. In jurisdictions that limit or do not allow these exclusions our maximum liability will not exceed any amounts paid to you within the previous three (3) payment cycles.
If any Court strikes down any provision or sentence of this Agreement the rest shall remain intact and in full force and effect.
This Agreement will be governed by the laws applicable in the State of (Insert your state here), without reference to rules governing conflicts of laws. Any action relating to this Agreement must be brought in a court of competent jurisdiction located in (Insert Your City and State Here), or if no such court of competent jurisdiction exists in that geographical area, then the next closest court which has jurisdiction to hear the action; you irrevocably consent to the jurisdiction of these and only these courts. The prevailing party in any dispute or legal action will be entitled to its reasonable attorneys’ fees and costs.
You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without our prior written consent. We, however, may assign or transfer our rights and obligations under this Agreement to a third party where we believe it appropriate?for example, if we sell our business to a third party. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
By submitting this Affiliate Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
(Optional) you may choose not to have the following rule with your program.
*Please note that NO COMMISSION is paid on your original purchase of (Notorious Gear). In other words you cannot buy from yourself or be your first purchase for the sole purpose of discounting your own product purchase.
I have read the terms of this agreement and I accept.