OTW BAT COMPANY, LLC
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Affiliate Program Agreement
BY SUBMITTING AN APPLICATION TO OUR PROGRAM, YOU ARE CONSENTING TO THIS AGREEMENT, WHICH ARE THE TERMS AND CONDITIONS OF OUR PROGRAM.
This is a legal agreement between OTW BAT COMPANY, LLC (“We”, “Us” or “Company”) and you (“You”). This Agreement contains the complete terms and conditions of Your relationship with the Company and, if applicable, Your participation in Our Affiliate Program (“the Program”).
In order to enroll in the Program, You must complete an application form for each website through which You desire to promote the products and services sold through the Program. You agree that any registration information provided to Us will always be accurate, correct and up to date and that the account will not be used for any illegal or unauthorized purpose.
Applications will be evaluated by Us, and We reserve the right to deny entrance into the Program to any applicant that is deemed unqualified for any reason, at Our sole and absolute discretion.
Applications are located on our website and social me links you’d like to become an affiliate for.
Term and Termination
The term of this Agreement (the “Term”) will begin upon our acceptance of your site in the Program and will end when terminated as described in this paragraph.
Either you or we may terminate this Agreement at any time, with or without cause, by giving the other written notice of termination, by U.S. Mail or e-mail. Failure to comply with the terms of this Agreement may result in immediate cancellation of this Agreement by Us and forfeiture by Affiliate of any accrued, unpaid commissions. We will pay any pending commissions owed to You through the Termination Date if a cancellation of this Agreement occurs for any reason other than Your violation of this Agreement.
Subject to the foregoing, You are only eligible to earn commissions on sales occurring during the Term, and commissions earned through the date of termination will remain payable only if the orders are not canceled. We may withhold final payment for a reasonable time to ensure against cancellations.
Promotion and Order Tracking
We will make available to you an affiliate link that will track purchases and allow you to be paid for affiliate referrals (the “Links” collectively, or “Link” individually) in order to link to Our website and any related sales pages or online marketplace.
You and we will cooperate in good faith to develop and implement such Links. Each Link will permit recipients to navigate directly to a page on Our website or related site, designated by us via a special tagged link format. You will be solely responsible for integrating the Links into your site to properly enable sales tracking, and we will not be responsible for your failure to do so, including to the extent such failure may result in any reductions of amounts that would otherwise be paid to you under this Agreement.
You agree that You will not place any referral or affiliate link, coupon code, or other tracking device on any page or screen that contains content that: advocates discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotes or engages in illegal activities, violates intellectual property rights of third parties; or contains or promotes deceptive information.
You agree that You are responsible for disclosing that the Links provided on Your website or marketed to potential customers by other means are affiliate links in accordance with Section 5 of the Federal Trade Commission Act.
We will pay You referral fees (“Referral Fees”) in the amount of 20% of gross sales, that We actually receive from the sale of all products that are purchased by users during a visit to Our site or related site, immediately following navigation to the designated URL through a hypertext link from You under this Program (“Qualifying Purchase”). Referral Fees will not be payable on sales otherwise made from Our site or related sites, even if the customer previously made a Qualifying Purchase UNLESS Your 30-day cookie for tracking Qualifying Purchases is still valid in the customer’s browser OR you earned a lifetime cookie when they signed up for a free opt-in using your Link.
A Qualifying Purchase includes products which You have been approved to receive Referral Fees for.
Referral Fees will be payable within sixty (60) days from the end of each calendar month in which payments are received. Payments are typically made within the first 7 business days of a new calendar month for Referral Fees that are at least thirty (30) days old. For example, a Referral Fee earned on November 21st will be paid out in the first 7 business days of January. This gives sufficient time for customers to request a refund under the 30-day return policy.
You agree that We shall only be liable for payment of Referral Fees for money actually received. You shall not be entitled to any Referral Fees on a sale that is refunded, chargeback, or any sale which We do not receive the money due to credit card abuse or fraud. We reserve the right to adjust future Referral Fees paid based on refunds, chargebacks, or fraud claims received after You have been paid. We may also ask You to refund Referral Fees for refunds and chargebacks that occur after you have been paid.
We pay affiliates via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is Your responsibility to notify Us to ensure proper payments. We will not resend payments returned due to incorrect payment email addresses.
We will provide reports of sales for which Referral Fees are payable with each payment. This information is accessible via your affiliate dashboard in Thinkific.
Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content, and conduct of transactions over its respective site or service.
EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT EACH PARTY MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.
NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. OUR ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO YOU HEREUNDER.
Fulfillment and Customer Contact Policy
We will be solely responsible for fulfilling all orders and payment processing, and customers who buy products through the Affiliate Marketing Program will be deemed Our customers. Accordingly, all rules, policies, operating procedures, and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice. You may not contact any customer after a Qualifying Purchase to solicit additional sales.
Intellectual Property Rights
We grant to You during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between Your and Our websites, and to use Our trade names, logos, trademarks and service marks (“Our Marks”) on your site solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform your obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of Our Marks will be subject to Our prior written approval. You may not use Our Marks in any way that is deemed derogatory or represents Us in a negative way.
You hereby grant to Us during the Term, a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between Your and Our Websites and to use Your trade names, logos, trademarks and service marks (the “Affiliate Marks”) solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform our obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the Affiliate Marks will be subject to your prior written approval.
Except as set forth above, You and We each reserve all right, title and interest in respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks and other intellectual property rights). Use of the other’s marks except as set forth herein is strictly prohibited.
We agree to indemnify, defend and hold harmless You and Your affiliates, directors, officers, employees, and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of Our site, a breach of Our obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials provided by Us for display on Your site.
You agree to indemnify, defend and hold harmless Us and Our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of Your site, a breach of Your obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials of Your site.
You and We are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between You and Us.
In its performance of this Agreement and in the operation of each party’s respective Websites, You and We each will comply with all applicable laws, regulations, orders, and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Without limiting the generality of the foregoing, You and We each will pay, collect and remit such taxes as may be imposed with respect to any compensation, royalties or transactions under this Agreement.
This Agreement will be governed by the laws of the state of Texas. You agree to submit to the jurisdiction and venue of the state and federal courts in or nearest to Houston, Texas, and waive any defense of lack of personal jurisdiction or forum non conveniens. This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
By clicking “I Agree”, You assert that You have read, understood and agreed to all of the terms and conditions of this Agreement, You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.
OTW BAT CO. LLC recognizes the importance of protecting your personal data; for this reason, OTW BAT CO., LLC adopts specific policies and security measures to protect your personal data.
The website www.otwbats.com (“Website”) and its contents are designed, operated and maintained by OTW BAT CO., LLC with its registered office located at 9777 West Gulf Bank Road, Suite 20, Houston, Texas 77040.
In addition to those defined words and expressions, references to:
“Personal Data” means any data/ information that we have obtained from you or third parties in connection with a service or product provided to you that is held now or at any time in the future by us.
“Personal Tracking Consumer” means any person(s) registered with us and being monitored through our personal tracking units.
2. ACCEPTANCE OF THE POLICY
3. DATA WE COLLECT
When you visit our application, we may collect the following information from you:
Online and electronic interactions with us including this application, mobile and third-party social networks (e.g. Instagram/Snapchat/ Linked-in/Pinterest/Google/Messenger/Foursquare/Facebook/Twitter etc.). Furthermore, name, job title, contact information including email address, demographic information such as postal code, preferences, interest and other information relevant to customer surveys and/or offers.
“Sensitive information” is a subcategory of personal information which may include information or opinion about an individual. The sensitive information we collect about you may include:
· Your name;
· Date of Birth;
· Social Security #
· Residential Address
· Lifestyle information; and
· Criminal history.
4. PROTECTION OF CONFIDENTIAL DATE/INFORMATION
If you do choose to provide us with personal information, you can be assured that such information is kept in secured databases. We may use anything we know about you to help us serve you better. We may use it, and disclose it to our affiliates and others, for any purpose allowed by law.
5. STORING YOUR PERSONAL DATA/ INFORMATION
We store your data/information in a number of ways including electronic systems and devices; in telephone recordings and/ or in paper files for a period
6. DISCLOSING YOUR DATA/INFORMATION
Information may be disclosed by us for the following reason as set forth below but not limited to:
– We may use the information we collect for analytical purposes, and to assist us in improving our processes, products and services.
– To use for internal record keeping.
– To confirm the authenticity of your profile(s) to enable us further to proceed with your transaction.
– To confirm whether any claims, illegal act or breach of law, if any has been charged against you in the past to protect our interest.
– OTW BAT CO. may provide your personal data to its affiliates or related companies for legitimate business purposes.
– OTW BAT CO. may disclose your personal data if it is required to do so by law or if, in OTW BAT CO’S good faith judgment, such legal disclosure is reasonably necessary to comply with legal processes or respond to any claims. In the event of a full or partial merger with, or acquisition of all or part of OTW BAT CO. by another company, the acquirer would have access to the information maintained by that OTW BAT CO, which could include personal data.
– OTW BAT CO. may engage service providers, agents or contractors to provide services on its behalf, including administering of OTW BAT CO’S. Website and services available to you. These third parties may come to access or otherwise process your personal data in the course of providing these services.
Information may be disclosed to the extent that such disclosure is required by law, regulations or court order. Furthermore, we do not sell, rent or trade your personal information to others. We may give general statistics about our customers, sales, and related site information to other companies however these statistics will not include any information that personally identifies you, unless we have said otherwise in this policy. However, OTW BAT CO. shall not be liable for any disclosure of confidential information beyond its reasonable control.
7. RETENTION OF DATA/ INFORMATION
OTW BAT CO. will only retain your personal data for as long as it is necessary for the stated purpose, taking into account also our need to answer queries or resolve problems, provide improved and new services, and comply with legal requirements under applicable laws. This means that we may retain your personal data for a reasonable period after your last interaction with us. When the personal data that we collect is no longer required in this way, we destroy or delete it in a secure manner.
8. WEBSITE LINKS
10. CONTACT US
We are committed to resolving any complaints you may have regarding our mobile application; please contact us at any time, please contact us by emailing us at firstname.lastname@example.org.
About OTW BAT COMPANY
OTW BAT COMPANY . is a certified custom wood baseball bat manufacturer located in Houston, Texas and is a Limited Liability Corporation registered with the State of Texas and Trademarked under United States trademarks laws.