Last Updated on 12.12.2021
We are so thrilled to welcome You into the Brand Kits Affiliate Program. These Terms are a binding agreement that You should read carefully and refer back to as You share our offers to your audience through your affiliate link(s). If You have any questions, please contact Us at email@example.com.
We will refer to You as “Affiliate” throughout these Terms.
As an Affiliate, you expressly agree to be bound by all of the following Terms:
- As an Affiliate, you are solely responsible for the results of your actions and any actions of your subcontractors, contractors, employees, assigns, partners, interns, externs, LLC members and volunteers.
- The affiliate program ONLY supports activity that results in sending purchase referrals to Brand Kits. Commissions will NOT be approved if they are suspected or proven to originate outside your affiliate link, even if the customer uses your link to purchase. Specifically, affiliate links on “coupon code” sites will not be approved for commissions attributed to said site(s).
- Affiliate is an independent contractor of Brand Kits. Affiliate is responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA or other local taxes as applicable to your country, province, state or territory), registrations or permits. Company is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to Affiliate.
- Affiliate agrees to keep a working email address for payments on file. It is not Brand Kits’ responsibility to track down an Affiliate to make a payment to Affiliate. Brand Kits will make reasonable attempts to pay Affiliate for up to one year using Affiliate’s provided information. If Brand Kits is unable to contact Affiliate during this period through reasonable efforts, Affiliate will forfeit any payments owed to them.
- Affiliate agrees to cooperate with fulfilling Brand Kits’ requests for all tax information necessary to maintain Affiliate’s relationship with Brand Kits.
- Affiliate has full legal capacity to agree to these Terms. To be clear, Affiliate is of age in Affiliate’s location to enter into contracts and collect payments, and is of sound mind (i.e. not inebriated or otherwise unable to make decisions on Affiliate’s behalf).
- Affiliate agrees to receive emails regarding this affiliate program.
- These affiliate Terms are effective immediately upon signing up for Brand Kits’ affiliate program, and shall continue until terminated as described here.
- Affiliate can leave this affiliate program at any time but will continue to be bound to these Terms as applicable.
- Affiliate shall return or discontinue use of any and all intellectual property, registered or unregistered, at the time of termination.
Affiliate expressly agrees not to do any of the following activities:
- Impersonate any other person, business or organization upon signup; or
- Publicly share any affiliate program details, login information or other materials about or originating from this affiliate program; or
- Purposely purchase from Affiliate’s own link. Any such purchases will be disapproved for commissions; or
- Use any part of this affiliate program or these Terms to build Affiliate’s own program or affiliate Terms; or
- Send spam mail or otherwise violate the US and CAN-SPAM or any other applicable current or new spam laws; or
- Register and/or use domains with the wording: Brand Kits; or any of its other properties, or any similar term contained within such domains; or
- Disparage or misrepresent Brand Kits, or any of its other properties in any way, in particular using words like “scam” or “rip-off;”or
- Bid on or otherwise attempt to acquire any rights in Brand Kits or any of its other properties for copyrights, service marks, or trademarks; or
- Promote Brand Kits or any of its other properties on or through any sites with inappropriate content, as determined by Brand Kits; or
- Engage in any conduct that is likely to impair or cause damage to the operation of Brand Kits or the Brand Kits website whether by way of a virus, corrupted file or through use of any other software or program; or
- Engage in any willful conduct that is likely to impair or cause damage to the reputation of Brand Kits, either directly or indirectly, as determined at the discretion of Brand Kits.
VIOLATION OF AFFILIATE TERMS OR ENGAGING IN PROHIBITED ACTIONS
Violation of these Terms will result in immediate termination without notice and forfeiture of commissions earned, paid or unpaid. Affiliate will be responsible and agrees to pay any actual damages suffered by Brand Kits due to Affiliate’s violation of these Terms.
UNIQUE AFFILIATE LINK AND PORTAL ACCESS
Affiliate is provided a unique referral link and tracking metrics, all of which are located in Affiliate’s portal at https://brand-kits.com/my-account/afwc-dashboard/. Affiliate’s login details are unique and private to Affiliate. Affiliate agrees to keep these details confidential.
Affiliate earns a commission if their unique referral link is the LAST CLICK from a customer that leads to a purchase. Affiliate earns a commission at a rate of 30%; when someone makes a purchase using Affiliate’s unique referral link. Commission amounts are the cost of the total cart value less any discounts, refunds, chargebacks and payment processing fees.
Affiliate payouts are made at least once every month. Affiliate sales will qualify for payout after 30 days after customer’s purchase with Affiliate’s link. All payouts are delivered via PayPal. There is no minimum payout threshold before a payout will be made, regardless of when the sales in the payout were earned by Affiliate.
FTC & SPAM DISCLOSURE
Affiliate agrees to follow current FTC endorsement guidelines (click below to read “The FTC’s Revised Endorsement Guides: What People are Asking”).
Affiliate agrees that the maximum amount of damages they are entitled to in any claim arising out of or relating to this Agreement or services provided in this Agreement are not to exceed Party’s total cost spent or earned on producing content or work products for the Affiliate Program.
Parties agree to indemnify and hold harmless the other Party and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Affiliate Program.
ASSUMPTION OF RISK
Parties and related parties/ participants expressly assume the risk of participating in the Affiliate Program as described in this Agreement. Parties understand that some or all parts of any Affiliate Program purpose could involve unknown risks or variables, and Parties and any related persons Parties are respectively responsible for and assume the risk of conducting themselves properly given the circumstances.
NO INCOME GUARANTEE
We make no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through your participation in this affiliate program.
OWNERSHIP OF PROPERTY
All contracts, photographs, copyrights, trademarks, designs, intellectual property, website(s), graphics, images, legal documents, financial accounts, insurance, software accounts and other related business documents, including content created only for the purpose of fulfilling these affiliate Terms remains the property of the contributing party. The non-contributing party hereby receives a non-exclusive, revocable license to any listed property only for the purpose of fulfilling the Terms of this Agreement, unless otherwise declared to and agreed in writing by Brand Kits.
The laws of Florida govern all matters arising under or relating to these affiliate Terms.
If any portion of these affiliate Terms is deemed to be illegal or unenforceable, the remaining provisions of these affiliate Terms remain in full force and effect.
These affiliate Terms constitute the final, exclusive agreement between the Affiliate and Brand Kits on the matters contained in this Agreement.