Gypsy CaravanAffiliate Terms & Conditions
Each participant in the affiliate program offered by Rees-Denis Inc. (the “Company”) expressly agrees to this affiliate agreement.
NOTICE: Please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may NOT participate in the affiliate program. By participating in the affiliate program, you are agreeing to comply with and be legally bound by the terms and conditions of this contract. If you do not agree to all of the terms of this agreement, please do not register for the affiliate program.
You are an independent contractor of the Company and not an employee. Nothing herein is intended to create an employer/employee relationship.
You are responsible for any or all United States, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or location. It is your sole responsibility to conform to the Tax Code and other applicable laws.
COMMISSIONS & REFERRAL FEES
You must submit a completed W-8 or W-9 before we can send you a commission check. You will not receive any payment of commission/referral fees until you have submitted this required documentation.
Commissions on products and services are paid at the rates as indicated on the website. We reserve the right to pay a different scale on future products, services, and opportunities.
COMMISSIONS ARE PAID SIX TIMES A YEAR: JANUARY 1, MARCH 1, MAY 1, JULY 1, SEPTEMBER 1, NOVEMBER 1.
There is a minimum commission amount of $50.00. This is the minimum amount that you must earn before you will be paid commissions. Commissions below this minimum amount will be held until such time as the commission equals or exceeds this amount. We are not responsible for paying interest to affiliates for accrued but not yet delivered commission payments.
All commissions are calculated based on the gross transaction. Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason. If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment is due. If a commission has already been paid, then it will be deducted from your future commissions.
All commissions are paid in US Dollars by PayPal. You are responsible for always maintaining the payment processor through which you receive your commissions/referral fees.
The website on which you advertise our products or services may not contain any content or images that are NOT suitable for being viewed by persons 13 years of age or younger. No “adult” content. Any violation of this will result in the termination of your status as our affiliate. If your violation of these requirements results in the suspension or termination of any payment processor for or by us, you shall be liable for liquidated damages in the amount of $10,000 as well as any consequential or actual damages that we may incur. Do not use our affiliation in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of the Company.
We reserve the right to reject any affiliate application if, in our opinion, that person or entity violates established laws or commonly held standards of decency. For example, we will reject applications from any person or company that promotes any form of violence, illegal activities, or from applicants who the Company prefers not to be associated with.
The Company requires your primary email address be listed in your affiliate Profile. As an affiliate, you must continually have a valid email account on file with us or we reserve the right to terminate your participation immediately, without any refund of any license fees paid or payment of any commission due.
We do not tolerate the sending of unsolicited bulk emails (UCE or SPAM). The provisions of the Terms and Conditions pertaining to UCE or SPAM shall apply to each affiliate. Any affiliate who, in the opinion of the Company, breaches this rule will have their affiliate status canceled and any outstanding commissions will be forfeited.
TERM & TERMINATION
This agreement will begin upon your sign-up with the affiliate program and will end when either you or we terminate your affiliate status, or if your account is inactive in any continuous twelve month period. You may terminate this agreement at any time, and for any reason, by writing to – or emailing – us at the email address listed on the website. You may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever.
We may also terminate this agreement at any time, and for any reason, by writing to you at the email address listed in your Profile, with 30 days notice. If this agreement should terminate for cause due to violation of this agreement or the Terms and Conditions, this agreement shall terminate immediately and you shall forfeit all right to any commissions then due.
RIGHTS TO MODIFY AGREEMENT
We may, in good faith, modify any of this agreement and/or the Terms and Conditions (including the affiliate Commission Schedule), at any time and at our sole discretion, by posting a change notice or a new agreement in the affiliate portal. These changes will come into force immediately upon posting. Your continued participation in the affiliate program following the said posting of a change notice or new agreement shall constitute binding acceptance by you of the change.
If any modification to this agreement is not acceptable to you, your only recourse is to terminate this agreement. Upon termination of this agreement, the former affiliate must remove all affiliate links and graphics from its web site, and refrain from publishing same in any manner whatsoever.
You shall not try to cheat the system in an effort to increase your payments due. If such misuse is detected, you will be immediately terminated as an affiliate and any sums paid and any sums payable as and for commissions will be withheld. You may not use the Company payment processing system for private transactions.
The Company will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of “intents of harm” to the program, or acts of God or Nature. The Company makes no claim that the Company store will be error-free nor will the Company be held liable for any interruptions or errors.
If any part of this agreement or the Terms and Condition is declared void, this agreement and the Terms and Conditions shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. You may not assign or sublicense this agreement without the our prior written consent.
IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS AND CONDITIONS ARE HELD TO BE UNENFORCEABLE, THE COMPANY’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE, AND OR EBOOK OR SOFTWARE (LICENSE).
This Agreement shall be governed and construed in accordance with the laws of OR, USA applicable to agreements made and to be performed in OR, USA. You agree that any legal action or proceeding between the Company and you for any purpose concerning this agreement or the parties’ obligations hereunder, will first attempt to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through online mediation, we agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between the Company and you, in Multnomah County, OR, USA under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
Any cause of action or claim you may have with respect to the website, the products, or the services, must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred. The Company”s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. We may assign its rights and duties under this agreement to any party at any time without notice to you.
This is the ENTIRE agreement regarding all the matters that have been discussed.