To be an authorized affiliate of Flicker Fancy LLC. (“Company”), you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the Flicker Fancy LLC service as an affiliate. By signing up for the Flicker Fancy affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. The Affiliate is solely an Independent Contractor when acting as an Affiliate. No partnership, joint venture or other legal entity is created between Company and Affiliate.
- Affiliates must be 18 years of age or older.
- Affiliate will introduce, share and educate Flicker Fancy products to customers.
- Affiliate agrees to receive e-mail from our Company, including but not limited to, sales reports, training, promotional resources, newsletters and other correspondence.
- Affiliate agrees to only present Company, Company products and services as set forth in the official Company Website or Company marketing materials.
- Affiliate will make no claims regarding potential income, earnings, products, or services beyond what is stated at the official Company Website.
- Affiliate also agrees not to reproduce commission checks or distribute commission checks in any form or by any means.
- Affiliate will comply with all laws as well those that govern email marketing and anti-spam laws.
- Affiliate is allowed to place links on Affiliate website (Facebook) to websites (Facebook) which have an Affiliate Program registered at www.flickerfancy.com.
- Affiliate must comply with the requirements of the Affiliate program including any stipulations as to the nature and content of the Affiliate’s web site and the use of third party or other Affiliates trademarks and logos.
- The set-up/use of a bank account for electronic commission payments.
- Affiliate represents and warrants to Company, that Affiliate has read and understands the Company Policies that are set forth on our web site and agrees to the terms set forth therein.
- Affiliate agrees not to disparage Company, Company products or services other Company Affiliates in any manner.
- Affiliate understands that disparagement may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions.
- Affiliate agrees not to misrepresent Company products or services.
- Affiliate also agrees not to advertise Company products or services on Web sites that promote sexually explicit material, violence, Warez or pirated materials, or sites that promote discrimination based on race, sex, religion, national origin, or physical disability or sites that promote illegal activities.
- Company agrees to pay Affiliate a 20% commission on all customer sale.
- Commissions will be paid to Affiliate on the 15th of the month for previous month’s commissions via PayPal.
- Company will provide Affiliate on-boarding and training.
- Company will ensure that Affiliate receives advance communications on new product announcements and promotions in order to prepare marketing strategy and execution.
- Company reserves the right to change the Affiliate Terms and Conditions at any time.
- Information about the Affiliate Program will be available on Company website.
TERMS OF THE AGREEMENT:
- The term of this Agreement will begin upon Company acceptance of Affiliate Program application from applicant.
- Affiliate is only eligible to earn Commission Fees on Qualified Purchases occurring during the term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Products and Services are not cancelled and comply with all Terms laid out in this Agreement.
- Company may withhold Affiliate final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Company in its sole discretion.
- Company and Affiliate reserve the right to terminate this agreement at any time, without notice.
- If terminated, outstanding commissions shall be paid in the next payment cycle, as long as the terms of this agreement were not violated by the Affiliate.
- Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount of monies due are paid.
- Affiliate is solely and fully responsible for any and all costs and expenses that Affiliate incurs in the marketing of the Company, Company products and services, and Affiliate agrees to hold Company harmless from same.
- Any Affiliate who violates either this Agreement or Company’s Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Company Affiliate Program.
- Without limitation, Affiliate’s participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate’s violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
- All Affiliate payments will be made in U.S. dollars. If a sale is canceled any paid commission will be deducted from a subsequent payment.
- Affiliate commissions will not be paid based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods.
- Company reserves the right to deduct in subsequent months, any commission paid for a product or service that is subsequently returned or refunded, or for any reason where the previous monthly commission was overpaid or later subject to reduction.
- Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to have sales tracked and recorded to qualify for commissions.
- Company is not responsible for the failure to assign any sale or commissions to Affiliate if the same results from the improper formatting of any affiliate links.
- Company will only pay commissions on sales that are tracked through our tracking system and indicate Affiliate as the source of the visit to Company Website.
- Affiliate has no right to commissions if a buyer later returns to the Company site through another Affiliate link or source and makes a purchase.
- Affiliate has no right to commissions based upon subsequent sales, or where “cookies” are used, overwritten or deleted even where the customer first arrived at the Company site through your Affiliate link.
- Commissions will only be paid when the buyer makes a purchase on the same visit using your Affiliate link or with your “cookie” indicating you as the Affiliate.
SPAM ZERO TOLERANCE
- Company has zero tolerance toward any Affiliates associated with spam.
- The accounts of Affiliates associated with spam are immediately terminated as soon as the violation is verified, with a cancellation of any pending monies or commissions owed.
- Company will immediately terminate any Affiliate account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail.
- Company will report spam, along with all the spammer’s identifying information, to the Federal Trade Commission and other agencies for civil and criminal prosecution.
- For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about Company, Company products or services, who has not specifically requested the information directly from Affiliate.
- Mailings to names or lists that have been purchased, including but not limited to so called co-reg lists, regardless of the opt-in procedures, are not permitted.
- Company considers ANY type of advertisement about Company, Company products or services, posted to a Newsgroup or Chat Room, in violation of their posting rules, to be spam.
- Affiliate agrees to comply with all U.S. State and Federal spam laws, including but not limited to the Federal CAN-SPAM Act.
- Because damages are often difficult to ascertain, if actual damages cannot be reasonably calculated then you as Affiliate agree to pay Company liquidated damages of $500 for each piece of spam or unsolicited e-mail transmitted from or otherwise connected with your account, or actual damages, whichever is higher, to the extent such actual damages can be reasonably calculated.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
PROTECTION OF CUSTOMER PRIVACY
- Company has no obligation to provide Affiliate with any specific information for any customer, regardless of whether said customer arrived at the Company Web site through an Affiliate link.
- Company reserves all rights in or to its trademarks and service marks and copyrights, although they may be used by Affiliate in accordance with this agreement.
- Affiliate may in no way display a Company logo, image, or trademark which may be distasteful, defame, or misrepresent Company in any way.
- Affiliate hereby agrees to indemnify and hold harmless Company and Company’s subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on:
- Any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.
- Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by Affiliate herein.
- Any claim related to Affiliate site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.
ENROLLMENT IN THE AFFILIATE PROGRAM:
- Company will evaluate Affiliate application and notify Affiliate of acceptance or rejection into the program.
- Company may reject Affiliate application for any reason at Company sole discretion.
- Company generally rejects applications related to websites that:
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Promote illegal activities or are intended to harass or defame anyone; Or variations or misspellings thereof in their domain names; or Otherwise violate our intellectual property rights or the intellectual property rights of others.
- If Company rejects Affiliate application, Affiliate is welcome to reapply to the Program at any time.
- If Company accepts Affiliate application, Company reserves the right to terminate Affiliate participation in the Program for any reason at Company’s sole discretion immediately without prior notice.
MODIFICATION OF AFFILIATE AGREEMENT:
- Company may modify any of the terms and conditions in this Agreement at any time at our sole discretion.
- In such event, Affiliate will be required to re-accept the terms and conditions upon login to the Affiliate site.
- Modifications may include, but are not limited to, changes in the payment procedures and Company Affiliate Program rules.
- Affiliate agrees that any and all such modifications will apply to Affiliate.
- If any modification is unacceptable to Affiliate, the only option is to end this Agreement.
- Affiliate’s continued participation in Company Affiliate Program following the posting of the change notice or new Agreement on Company site will indicate Affiliate agreement to the changes.
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
- The laws of the States and Country will govern this Agreement, without reference to rules governing choice of laws.
- Any action relating to this Agreement must be brought in the federal or state courts located in United States, Elkhart, Indiana and you irrevocably consent to the jurisdiction of such courts.
- You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.
- Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
- 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 a provision or any other provision of this Agreement.
TERMINATION OF AGREEMENT:
- Either Affiliate or Company may terminate the Affiliate relationship at any time.
- Affiliate is only eligible to earn Affiliate payments during the time as an approved Affiliate.
- Company may change the program or service policies and operating procedures at any time.