Affiliate Partnership Agreement
Please examine thoroughly!
[layerslider_vc id=”1″]
BETWEEN:
Deez Grillz (the "Owner”),
AND: [You] (the "Affiliate”),
"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action.
AFFILIATE RESPONSIBILITIES:
∙It is understood that the Affiliate will introduce DeezGrillz.com and its products to Affiliate’s current and prospective viewers, fans and followers and will comply with all laws as well those that govern email marketing and anti-spam laws.
∙The Owner reserves the right to accept or reject any prospective customers and will pay the Affiliate a commission per customer referred using the Affiliate’s tracking link and / or coupon code according to the designated payment schedule.
∙The Owner and the Affiliate reserves the right to terminate this contract without justification at any given time.
SERVICE:
The Affiliate is allowed to place its affiliate tracking links and affiliate coupon code on its website, videos and all social media accounts, posts and images. When our customers click through the tracking links to purchase an item sold or services offered on DeezGrillz.com, the Affiliate can receive program fees for qualifying purchases, as further described in the 'Affiliate Payment' section. Any Affiliate Program may be amended or terminated at any time.
The Affiliate must keep itself informed of any amendments of Affiliate Programs, in particular if the Owner has terminated its Affiliate Program or changed the conditions for remuneration to affiliates.
The Affiliate must comply with the requirements of the Affiliate Programme including in particular any stipulations as to the nature and content of the Affiliate's web site and the use of third party or other affiliate trademarks and logos.
TERMS OF THE AGREEMENT:
∙The term of this Agreement will begin upon the Owner’s acceptance of the Affiliate’s application.
∙The Affiliate is only eligible to earn Commission Fees on Qualified Purchases occurring during the term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Products and Services are not cancelled and comply with all Terms laid out in this Agreement.
∙The Owner may withhold the Affiliate’s final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by the Owner in its sole discretion.
∙Any Affiliate who violates either this Agreement or the Terms and Conditions of the Owner will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Deez Grillz Affiliate Program.
∙Without limitation, Affiliate's participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon the Affiliate's violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
CONFIDENTIALITY:
Only duly-authorized Deez Grillz employees will have access to information furnished or obtained in connection with the test; they will maintain and protect the confidentiality of such information to the greatest extent possible; and that they will share such information only to the extent necessary to make employment decisions and to respond to inquiries or notices from government entities.
INDEMNIFICATION:
∙The Affiliate hereby agrees to indemnify and hold harmless Deez Grillz’s subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on:
∙Any claim that the Owner’s use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.
∙Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein.
∙Any claim related to the Affiliate’s content, site, videos, posts or images including, without limitation, its development, operation, maintenance and content therein not attributable to the Owner.
ENROLLMENT IN THE AFFILIATE PROGRAM:
∙The Owner may reject the Affiliate’s application for any reason in the Owner’s sole discretion.
∙The Owner generally rejects applications related to contents that: Promote violence; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Promote or undertake illegal activities or are intended to harass or defame anyone; Are directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated thereunder, or otherwise knowingly collect, use, or disclose personal information from children under 13 years of age; Or variations or misspellings thereof in their domain names; or
∙Otherwise violate the Owner’s intellectual property rights or the intellectual property rights of others.
∙The Affiliate is welcome to reapply to the Program at any time subsequent to the Owner’s rejection.
∙The Affiliate must comply with this Agreement to participate in the Affiliate Program and receive fees.
∙The Affiliate must promptly provide us with any information that we request to verify your compliance with this Agreement.
∙If the Owner accepts the Affiliate’s application, the Owner reserves the right to terminate the Affiliate’s participation in the Program for any reason in the Owner’s sole discretion immediately without prior notice.
MODIFICATION:
∙The Owner may modify any of the terms and conditions in this Agreement at any time in the Owner’s sole discretion.
∙In such event, the Affiliate will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Deez Grillz Affiliate Program rules.
∙If any modification is unacceptable to the Affiliate, the Affiliate’s only option is to end this Agreement.
∙The Affiliate’s continued participation in the Deez Grillz Affiliate Program following the posting of the change notice or new Agreement on the Owner’s website will indicate the Affiliate’s agreement to the changes.
AFFILIATE PAYMENT:
∙On demand, the Owner will provide the Affiliate with a personalized 10% discount code, which the Affiliate can pass along to its followers, viewers and fans.
∙The Affiliate will receive a 15% Commission for every qualified sale that
(a) occured after clicking through the Affiliate's tracking link
(b) occured during a single session, which is measured as beginning when our customer clicks through the Affiliate's tracking link and ending upon the first to occur of the following: (x) 24 hours elapse from that click, (y) the customer follows a tracking link that is another affilate's link
(c) uses the Affiliate’s personalized coupon code at checkout.
∙A qualified sale only occurs when a customer succefully purchases and pays for an item.
∙In order to obtain a tracking link or a coupon code the Affiliate must first be approved by the Owner to become an Affiliate.
∙The Affiliate understands that the Payout amount may be changed at any time.
∙The Affiliate receives the commissions from the Owner. Payments are made on the last day of each month if the Affiliate does not request weekly payouts.
∙The Affiliate will not receive commissions or any payment when
(1) the order is cancelled or returned or refunded
(2) a Product is purchased by a customer, where such customer does not comply with the terms and conditions applicable to the Deez Grillz website.
CONFIDENTIALITY:
∙All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
SEVERABILITY:
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
RESPONSIBILITY:
The Owner and DeezGrillz.com is entirely free from any liability, including financial responsibility for the website or its content the Affiliate places its tracking links and / or coupon codes on.
APPLICABLE LAW:
∙The laws of the United States will govern this Agreement, without reference to rules governing choice of laws.
∙Any action relating to this Agreement must be brought in the federal or state courts located in the United States and the Affiliate irrevocably consents to the jurisdiction of such court.
∙The Affiliate may not claim this Agreement, by operation of law or otherwise, without the Owner’s prior written consent.
∙Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
∙The Owner’s failure to enforce the Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of the Owner’s right to subsequently enforce such a provision or any other provision of this Agreement.
TERMINATION OF AGREEMENT:
∙Either the Affiliate or the Owner may terminate the affiliate agreement at any time.
∙The Affiliate is only eligible to earn payments during the time as an approved affiliate.
∙The Owner may change the program or service policies and operating procedures at any time.
AND: [You] (the "Affiliate”),
"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action.
AFFILIATE RESPONSIBILITIES:
∙It is understood that the Affiliate will introduce DeezGrillz.com and its products to Affiliate’s current and prospective viewers, fans and followers and will comply with all laws as well those that govern email marketing and anti-spam laws.
∙The Owner reserves the right to accept or reject any prospective customers and will pay the Affiliate a commission per customer referred using the Affiliate’s tracking link and / or coupon code according to the designated payment schedule.
∙The Owner and the Affiliate reserves the right to terminate this contract without justification at any given time.
SERVICE:
The Affiliate is allowed to place its affiliate tracking links and affiliate coupon code on its website, videos and all social media accounts, posts and images. When our customers click through the tracking links to purchase an item sold or services offered on DeezGrillz.com, the Affiliate can receive program fees for qualifying purchases, as further described in the 'Affiliate Payment' section. Any Affiliate Program may be amended or terminated at any time.
The Affiliate must keep itself informed of any amendments of Affiliate Programs, in particular if the Owner has terminated its Affiliate Program or changed the conditions for remuneration to affiliates.
The Affiliate must comply with the requirements of the Affiliate Programme including in particular any stipulations as to the nature and content of the Affiliate's web site and the use of third party or other affiliate trademarks and logos.
TERMS OF THE AGREEMENT:
∙The term of this Agreement will begin upon the Owner’s acceptance of the Affiliate’s application.
∙The Affiliate is only eligible to earn Commission Fees on Qualified Purchases occurring during the term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Products and Services are not cancelled and comply with all Terms laid out in this Agreement.
∙The Owner may withhold the Affiliate’s final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by the Owner in its sole discretion.
∙Any Affiliate who violates either this Agreement or the Terms and Conditions of the Owner will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Deez Grillz Affiliate Program.
∙Without limitation, Affiliate's participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon the Affiliate's violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
CONFIDENTIALITY:
Only duly-authorized Deez Grillz employees will have access to information furnished or obtained in connection with the test; they will maintain and protect the confidentiality of such information to the greatest extent possible; and that they will share such information only to the extent necessary to make employment decisions and to respond to inquiries or notices from government entities.
INDEMNIFICATION:
∙The Affiliate hereby agrees to indemnify and hold harmless Deez Grillz’s subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on:
∙Any claim that the Owner’s use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.
∙Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein.
∙Any claim related to the Affiliate’s content, site, videos, posts or images including, without limitation, its development, operation, maintenance and content therein not attributable to the Owner.
ENROLLMENT IN THE AFFILIATE PROGRAM:
∙The Owner may reject the Affiliate’s application for any reason in the Owner’s sole discretion.
∙The Owner generally rejects applications related to contents that: Promote violence; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Promote or undertake illegal activities or are intended to harass or defame anyone; Are directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated thereunder, or otherwise knowingly collect, use, or disclose personal information from children under 13 years of age; Or variations or misspellings thereof in their domain names; or
∙Otherwise violate the Owner’s intellectual property rights or the intellectual property rights of others.
∙The Affiliate is welcome to reapply to the Program at any time subsequent to the Owner’s rejection.
∙The Affiliate must comply with this Agreement to participate in the Affiliate Program and receive fees.
∙The Affiliate must promptly provide us with any information that we request to verify your compliance with this Agreement.
∙If the Owner accepts the Affiliate’s application, the Owner reserves the right to terminate the Affiliate’s participation in the Program for any reason in the Owner’s sole discretion immediately without prior notice.
MODIFICATION:
∙The Owner may modify any of the terms and conditions in this Agreement at any time in the Owner’s sole discretion.
∙In such event, the Affiliate will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Deez Grillz Affiliate Program rules.
∙If any modification is unacceptable to the Affiliate, the Affiliate’s only option is to end this Agreement.
∙The Affiliate’s continued participation in the Deez Grillz Affiliate Program following the posting of the change notice or new Agreement on the Owner’s website will indicate the Affiliate’s agreement to the changes.
AFFILIATE PAYMENT:
∙On demand, the Owner will provide the Affiliate with a personalized 10% discount code, which the Affiliate can pass along to its followers, viewers and fans.
∙The Affiliate will receive a 15% Commission for every qualified sale that
(a) occured after clicking through the Affiliate's tracking link
(b) occured during a single session, which is measured as beginning when our customer clicks through the Affiliate's tracking link and ending upon the first to occur of the following: (x) 24 hours elapse from that click, (y) the customer follows a tracking link that is another affilate's link
(c) uses the Affiliate’s personalized coupon code at checkout.
∙A qualified sale only occurs when a customer succefully purchases and pays for an item.
∙In order to obtain a tracking link or a coupon code the Affiliate must first be approved by the Owner to become an Affiliate.
∙The Affiliate understands that the Payout amount may be changed at any time.
∙The Affiliate receives the commissions from the Owner. Payments are made on the last day of each month if the Affiliate does not request weekly payouts.
∙The Affiliate will not receive commissions or any payment when
(1) the order is cancelled or returned or refunded
(2) a Product is purchased by a customer, where such customer does not comply with the terms and conditions applicable to the Deez Grillz website.
CONFIDENTIALITY:
∙All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
SEVERABILITY:
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
RESPONSIBILITY:
The Owner and DeezGrillz.com is entirely free from any liability, including financial responsibility for the website or its content the Affiliate places its tracking links and / or coupon codes on.
APPLICABLE LAW:
∙The laws of the United States will govern this Agreement, without reference to rules governing choice of laws.
∙Any action relating to this Agreement must be brought in the federal or state courts located in the United States and the Affiliate irrevocably consents to the jurisdiction of such court.
∙The Affiliate may not claim this Agreement, by operation of law or otherwise, without the Owner’s prior written consent.
∙Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
∙The Owner’s failure to enforce the Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of the Owner’s right to subsequently enforce such a provision or any other provision of this Agreement.
TERMINATION OF AGREEMENT:
∙Either the Affiliate or the Owner may terminate the affiliate agreement at any time.
∙The Affiliate is only eligible to earn payments during the time as an approved affiliate.
∙The Owner may change the program or service policies and operating procedures at any time.