AFFILIATE PROGRAM AGREEMENT
Statement
This Agreement contains the complete terms and conditions that apply to your participation in our Affiliate Program. As used in this Agreement, “we” or “us” refers to Guardian Protective Devices, and “you” refers to the applicant. By signing up for an Affiliate Account, you are agreeing to the terms specified in this agreement. Violation of any terms and conditions included in this Agreement may result in termination of your account, and possible forfeit of affiliate revenue. You must be 18 years of age to enter into an agreement with us.
Enrollment in the Program
To begin the enrollment process, you must submit a complete Affiliate application via our website. We may reject your application if we determine that your application or company is unsuitable for the Program. This is entirely at our discretion. We reserve the right to terminate this agreement any time upon written notification to you.
Acceptable Advertising Methods
As an Affiliate, you earn revenue by generating sales of our product lines. You do this by encouraging web users to visit our site to purchase our products. You may advertise products via:
Text Links or endorsements on your site(s)
Graphical Banners and Buttons on your site(s)
Text Links or endorsements in solicited emails
Word of Mouth, encouraging your customer to enter your affiliate ID during their purchase on our site.
If you have any questions regarding the acceptance of an advertising method, please contact us.
Order Processing
We will process orders placed by customers solicited by you. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, returns, and handle customer service. We will track the sales you solicit made by customers who purchase products and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.
Referral Payment
For a product sale to be eligible to earn a Referral Payment, the customer must either click-through an Affiliate link tour site and then purchase our product within 30 days of their first click-through; or enter the Affiliate ID during placement of the order with us. We track referrals from your site and ensure that you get paid the referral payment due to you.
Payment Schedule
You will earn payments based on qualified orders according to the payment schedule established by us and shown below.
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Customer Tier |
Preferred Partner
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Civilian |
15% |
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Law Enforcement |
5% |
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GSA |
0% |
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Non-Qualified Orders
Orders refunded at the request of the purchaser, or orders charged back due to non-payment, or orders charged back due to credit card fraud do not qualify for commission.
Referral Payment Schedule
Affiliates are paid a commission based on values set in the Payment Schedule. Payments are made monthly in the form of a check made out to your company. In the event that you have not earned a minimum referral payment of $100, your payment will occur quarterly. We also give you an option to use your commissions as a credit for purchasing goods and services provided by our company. If an Affiliate Account is not earning commissions for 6 (six) months, we have the right to terminate Affiliate Membership and forfeit any unpaid commissions.
Term of the Agreement
The term of this agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site and any other promotional materials that we provided to you as an Affiliate. You are eligible to earn referral payments earned through the date of termination and will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new Agreement on our site. Modifications may include, but are not limited to, changes in the scope of available referral payments, referral payment schedules, payment procedures, and program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the program following our posting of a change notice or new Agreement on our site will constitute binding acceptance of the change.
Relationship of Parties
You and we are independent contractors and noting in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this section
Limitation of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of profit, revenue, or data, arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total referral payments paid or payable to you under this Agreement.
Independent Investigation
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time solicit customer referrals on terms that may differ from those contained in this Agreement, or operate websites that are similar to or compete with your own website. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the products sold through the Agreement including, without limitation, warranties, merchantability, or non-infringement, arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
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