This Affiliate Service Agreement (the “Agreement”) is made by and between 2nd Amendment LLC, 1791 Gunleather® a Miami, USA corporation (“1791 Gunleather®”), and you, as an Affiliate utilizing the service (“You”, “Your”, “Affiliate”).
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use our service as an Affiliate.
The following agreement is summarized as follows:
- You place our offer banners anywhere on your site as you see fit, or within non-spam emails
- We may email you concerning new offers
- We might change the service here and then
- Adult, Hate, or other related sites are not allowed
- You will be paid your commissions, at the beginning of each month or based on the payment terms of the CPA network running our offer
- All statistics are collected and calculated by 1791 Gunleather® or the CPA network running our offer, and will be the only valid stats used for determining commissions
- Any page that contains our offer links, banners, or code must be written in English
- As an affiliate, you can only have 1 account. Self-referrals for affiliate or merchant accounts are strictly prohibited
- Affiliates are paid via PayPal or as directed by the CPA network running our offer
- You won’t hold us liable for anything
- You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
- You may place banners or links within your newsletters, in content of your website, or within other web related content.
- Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $25. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true – the account will remain in an active state.
- NOT ALLOWED:Any representation that you own or represent our product or company. Facebook pages, website, YouTube channels or any other online property that suggests that you are an official part of our brand or offer is not allowed. Using our brand or product name as a send from name/address in an email is also not allowed. An attempt will be made ONCE to contact you to request the content and property come down. If not compliant your account will be terminated.
- NOT ALLOWED:All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
- NOT ALLOWED:Any placement of creative in a “Desktop” advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
- NOT ALLOWED:Any display of a merchant window that isn’t the result of a direct click by the end-user.
- Failure to abide by these rules could mean termination completely with a complete forfeit of commissions.
- Fraud is a serious offense and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
“Performance Marketing” occurs when individual web sites that generate their own traffic (“Affiliates”) partner with online Merchants (“Merchant”)’s and the Merchant pays a commission or other reward for those Visitors resulting in a measurable action such as a closed sale, lead, hit, or other action.
“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action.
“Visitor” means any person, or user that clicks on a Link to an offer placed on an Affiliate’s Web site.
“sale commission” means the Payout 1791 Gunleather® sets and agrees to pay for Visitors referred to 1791 Gunleather® that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 30 days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate’s site, then no Payout shall occur.
“Payout” means the amount of sale commission, lead commission, or click commission 1791 Gunleather® agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount or as a set bounty (flat rate) per action.
“Commission” means the amount sale commission, lead commission, or click commission 1791 Gunleather® agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount or as a set bounty (flat rate) per action.
“Link” means a hyperlink placed on an Affiliate’s site that, when clicked on, sends a Visitor through to a 1791 Gunleather® offer. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to 1791 Gunleather®.
“VOID” means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by 1791 Gunleather®. 1791 Gunleather® may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.
“Your Account” means a specific account within the Service, where Commissions are credited.
“The Service” means the availability of this affiliate program and the use of our affiliate software or that of any CPA network running our offer(s)
As an Affiliate of the Service, you may place and remove offer Links on Your site and in acceptable locations. See above list of unaccepted placements or uses of affiliate links
SERVICE AND SUPPORT
1791 Gunleather® will provide support for the Service as indicated
1791 Gunleather® reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any related products and services.
CHANGES TO THE SERVICE
1791 Gunleather® reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time.
To sign up as an Affiliate of 1791 Gunleather® and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN 1791 Gunleather®: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide 1791 Gunleather® with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that 1791 Gunleather® may rely on any data, notice, instruction or request furnished to 1791 Gunleather® by You which is reasonably believed by 1791 Gunleather® to be genuine and to have been sent or presented by a person reasonably believed by 1791 Gunleather® to be authorized to act on Your behalf. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination and referral to the appropriate law enforcement agencies.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks for that Link.
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 1791 Gunleather®. DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, 1791 Gunleather® SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 1791 Gunleather® will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold 1791 Gunleather® liable for any of the consequences of such interruptions. MERCHANT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY 1791 Gunleather® AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
1791 Gunleather® OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY INFORMATION PROVIDED ON THE WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF 1791 Gunleather® OR A 1791 Gunleather® AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, 1791 Gunleather®’s LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that 1791 Gunleather®, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and 1791 Gunleather®, jointly and severally agree to indemnify, defend, and hold harmless 1791 Gunleather® and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
1791 Gunleather® agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to 1791 Gunleather®’s negligence or willful misconduct in performance of the Services or its breach of this Agreement.
1791 Gunleather® acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“Confidential Information”) of Your company. 1791 Gunleather® agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term “Confidential Information” shall not include information that is or becomes part of the public domain through no action or omission of 1791 Gunleather®, that becomes available to 1791 Gunleather® from third parties without knowledge by 1791 Gunleather® of any breach of fiduciary duty, or that 1791 Gunleather® had in its possession prior to the date of this Agreement. Any information we receive is used solely for tracking and Commission payment purposes. 1791 Gunleather® reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as 1791 Gunleather® deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use 1791 Gunleather® provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of 1791 Gunleather®, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain 1791 Gunleather®’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
1791 Gunleather® makes no representations whatsoever about any other Website which You may access through the Service. In addition, a link to a non-1791 Gunleather® Website does not mean that 1791 Gunleather® endorses or accepts any responsibility for the content or the use of such Web site.
Affiliate or 1791 Gunleather® may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
This Agreement shall be governed by Colorado, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Colorado, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.