Terms & Conditions / Affiliate Agreement
1. General
These Terms and Conditions (the "Affiliate Agreement") govern the Affiliate Program that is made available by http://www.leatherbackgear.com, "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between http://www.leatherbackgear.com and the individual or entity who participates in the Affiliate Program (the "Affiliate", or "you").
Please read this agreement carefully as it represents a legally binding agreement between you and http://www.leatherbackgear.com. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. http://www.leatherbackgear.com may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that http://www.leatherbackgear.com believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
2. Referral Tracking
http://www.leatherbackgear.com will provide the Affiliate (you) with specific Referral Links to link products, pages and other marketing content to http://www.leatherbackgear.com. Affilo.io (which is a referral tracking software) will track users who have visited these Referral Links using cookies which expire after 30 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Affilo.io and http://www.leatherbackgear.com is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
3. Affiliate Fees and Payouts
We payout to our Affiliates on the 1st day of every calendar month. A W-9 must be submitted and on file before a payout will be made.
A referral will become eligible for payout ("Eligible Referral") if it meets all of these criteria:
The payment of the order is paid in full by the referred customer.
The referral's account remains active and in good standing.
The referral's account has not had any of its payments refunded, charged back or otherwise reversed.
The Affiliate is entitled to receive a one-time payment of 5% of the total order value (excluding shipping and taxes) in US dollars for each active Eligible Referral that is recorded in the Affiliate Dashboard. All eligible referrals are paid out collectively on the 1st day of every calendar month. Commissions may change at the discretion of Leatherback Gear, LLC., and commissions may increase during limited time special promotions, but they will return thereafter to the regular 5% commission rate.
All Affiliate Fee payments will be payable in US dollars only, except as otherwise determined by http://www.leatherbackgear.com in its sole discretion. Payment will be made through PayPal to the email address specified by the Affiliate in the Affiliate Dashboard. The Affiliate is responsible for providing http://www.leatherbackgear.com with the full and accurate details that are required to remit the Affiliate Commission, and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Commissions will be forfeited, after 12 calendar months.
In the event of any activity deemed suspicious by http://www.leatherbackgear.com, http://www.leatherbackgear.com may delay the payment of Affiliate Commissions to verify the relevant transactions. http://www.leatherbackgear.com reserves the right to recalculate, void, or disqualify any referrals or Affiliate Commission in the event of any fraudulent, deceptive or otherwise illegal activity.
4. Advertisements
http://www.leatherbackgear.com hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the http://www.leatherbackgear.com logos, advertisements and banners for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate's participation in the Affiliate Program.
The Affiliate may only display advertisements that contain http://www.leatherbackgear.com logos or service marks in good taste. The Affiliate may not use http://www.leatherbackgear.com logos or service marks in a manner that, in http://www.leatherbackgear.com sole discretion, portrays http://www.leatherbackgear.com in negative light.
We may provide the Affiliate with marketing material but the Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
http://www.leatherbackgear.com may, without prior notice, require the Affiliate to remove or modify any advertisements in http://www.leatherbackgear.com sole discretion.
5. Termination
The Affiliate may terminate the Affiliate's participation in the Affiliate Program with immediate effect by giving http://www.leatherbackgear.com a written notice of termination. The notice must be sent through the messaging system of the affiliate marketing software Affilo.io.
http://www.leatherbackgear.com reserves the right to terminate the Affiliate's participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that http://www.leatherbackgear.com, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
6. Relationship of Parties
http://www.leatherbackgear.com, Affilo.io and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on http://www.leatherbackgear.com or Affilo.io's behalf.
7. Limitation of Liability
The Affiliate Program is provided on an "as is" and "as available" basis and the use of the Affiliate Program is at the Affiliate's own risk. http://www.leatherbackgear.com and Affilo.io make no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program. Leatherback Gear 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, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
http://www.leatherbackgear.com and Affilo.io is not responsible for any damages, injury or economic loss arising from the use of the Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless http://www.leatherbackgear.com and Affilo.io, their directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's or any third party's operations or use of the Affiliate Program.
8. Modification
http://www.leatherbackgear.com may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement.. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement. The Terms and Conditions of the Affiliate Program are also available to read in Affiliate Dashboard.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate's continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
9. Order fulfillment
Leatherback Gear will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any Leatherback Gear products from other websites as a "reseller" and no "resale" rights are granted in ANY way. Affiliates are not authorized to sell any of these products on eBay or any other auction sites. Affiliates are not authorized to give away copies of any of these products. Leatherback Gear will also be solely responsible for all customer service inquiries.
Customers who purchase products and services through the Leatherback Gear Affiliate Program will be deemed to be customers of Leatherback Gear, LLC. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Leatherback Gear policies will always determine the price paid by the customer.
10. Prohibited Usage
The following cases are prohibited and are grounds for immediate termination of the affiliate account.
Affiliates MAY NOT use the Leatherback Gear logo, logo marks or other Leatherback Gear website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Leatherback Gear / Leatherback Gear, LLC.
Affiliates MAY NOT use the term "Leatherback Gear" in ANY variation in their site URL ex. (leatherbackgear.net, leatherbackgearcouponcodes.com, leatherback-gear.com, leatherbackgear.plugins.com, etc.).
Affiliates MAY NOT promote coupons that were not provided to them personally by Leatherback Gear, LLC. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
Affiliates MAY NOT host or promote "coupon stacking" sites where customers may combine coupons to receive additional discounts.
11. Anti-Spam Policy
Leatherback Gear strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system;
Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
Leatherback Gear, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
Account Termination: Upon the receipt of a credible complaint, the Leatherback Gear Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Leatherback Gear, LLC.’s discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at hello@leatherbackgear.com
12. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Leatherback Gear or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's website, all links to the Leatherback Gear websites, and all Leatherback Gear trademarks and logos, other Leatherback Gear marks and all other materials provided in connection with this program.
13. Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate's potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Gravity Forms will not be liable for the consequences of any interruptions or errors.
14. Miscellaneous
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. http://www.leatherbackgear.com and Affilo.io reserve the right to terminate the Affiliate's participation in the Affiliate Program if http://www.leatherbackgear.com and/or Affilo.io determines, in their sole discretion, that the Affiliate's actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
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.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the Leatherback Gear Affiliate Program, 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.
This Affiliate Agreement constitutes the entire understanding between http://www.leatherbackgear.com, Affilo.io and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
