YOU MAY PRINT THIS AGREEMENT FOR YOUR RECORDS. THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE AFFILIATE, AND BANADS APPAREL LLC. YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU BE HELD TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION BY SUBMITTING OUR ONLINE AFFILIATE APPLICATION.
We may modify this agreement and its terms and conditions at any time and at our sole discretion. These modifications may include, but not limited to, changes in the scope of available referral and schedule fees, payment procedures and affiliate program rules. If any of these modifications are not acceptable for you, your only recourse is to terminate this agreement. If you are continuing in participating in this program it will be considered as your acceptance of the change.
To enroll in our affiliate program, you must submit an affiliate application and have to be approved. You will be notified of the acceptance status of your application as soon as possible after it has been reviewed. We will notify you per email.
3. AFFILIATE URL
You will be issued a special URL once your application has been accepted and you became an approved member of our affiliate program. This URL will be unique to you and you only and will allow you to be paid for affiliate referrals.
You as an affiliate will receive 20% of the revenue as a commission from orders placed through your properly coded affiliate links (URL), unless noted otherwise for a particular product. Commissions may increase during limited time special promotions, but they will return thereafter to the regular 20% commission rate.
The affiliate receives a commission when the customer completed the order form and remit full payment for the product(s) ordered through our secure order system. Commissions will only be paid on completed sales that are made when the customer clicks through qualified and correctly structured affiliate links. Properly coded links are the sole responsibility of the affiliate. Word of mouth referrals will not result in an affiliate commission.
We pay affiliates via a PayPal account, provided to us when an affiliate joins the program. If the PayPal email changes, it is the responsibility of the affiliate to notify us to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses.
6. ORDER FULFILLMENT
We, Banads Apparel LLC, will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any products from other websites as a “reseller” and no “resale” rights are granted in ANY way through the affiliate program. Affiliates are also not authorized to sell any of these products on eBay, market place sites, or other auction sites. Affiliates are not authorized to give away copies of any of these products. Banads Apparel LLC will also be solely responsible for all customer service inquires.
Customers who purchase products through our affiliate program will be deemed to be customers of Banads Apparel LLC. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Banads Apparel LLC policies will always determine the price paid by the customer.
7. QUALIFYING SITES
Banads Apparel LLC reserves the right to refuse any site entry into our affiliate program based on site content. Websites that do not qualify for our affiliate program include:
- Promoting sexually explicit materials (exceptions may apply)
- Promoting violence
- Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promoting illegal activities
- Infringing or otherwise violating any copyright, trademark, or other intellectual property rights of Banads Apparel LLC.
8. PERMITTED USAGE
Affiliates are permitted to use the graphical banners and design resources located in the control panel of the affiliate program. If a specific size banner ad is not available, the affiliate may contact us and request a new banner graphic be added to the available resources.
10. PROHIBITED USAGE
Affiliates are not allowed to host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts. Violating this rule will result in immediate termination of the affiliate account.
10. ANTI-SPAM POLICY
Banads Apparel LLC strictly prohibits affiliates from using spam e-mail programs and other forms of Internet abuse to seek sales. This includes spamming of forums, blogs, Twitter, Facebook and other social media outlets. For more information about SPAM, please visit the U.S. official CAN-SPAM Act website.
11. RELATIONSHIP OF PARTIESAffiliates are independent contractors and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the affiliate and Banads Apparel LLC. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their websites or otherwise, that reasonably would contradict this statement.
12. TERM AND TERMINATION
The term of this agreement will begin when you, the affiliate, accept and will end when the affiliate account has been terminated by either party. Either Banads Apparel LLC or the affiliate may terminate this agreement at any time, with or without cause or explanation. Upon the termination of this agreement for any reason, all licenses granted hereunder shall immediately be terminated and you will immediately cease use of, and remove them from all affiliate’s websites. All links to Banads Apparel LLC website(s), all Banads Apparel LLC trademarks and logos, any other Banads Apparel LLC marks and materials provided in connection with this program have to be removed from those websites.
13. LIMITATION OF LIABILITY
Banads Apparel LLC will not be liable for indirect, special, or consequential damages or any loss of revenue, profits, expenditures or data, arising in connection with this agreement or the program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this agreement.
Banads Apparel LLC makes no express or implied warranties or representations with respect to the affiliate program or an affiliate’s potential to earn income from the affiliate program. Banads Apparel LLC also makes no representation that the operation of the websites or the affiliate links will be uninterrupted or error free and Banads Apparel LLC will not be liable for the consequences of any interruptions or errors.
15. GOVERNING LAW
This agreement shall be governed, construed, and enforced in accordance with the laws of the State of Tennessee, without regard to its conflict of laws rules.
The failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of the right of Banads Apparel LLC to subsequently enforce such provision or any other provision of this Agreement. If any of the provisions of this agreement are determined by a court to be unenforceable, they shall be severed from this agreement and the remaining provisions shall remain in full force and effect. By signing up with the affiliate program you, the affiliate, acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.