Affiliate Terms
ExcelinSafety Online Store Affiliate Terms and Conditions
Effective Date: February 17, 2024
1. Introduction
Welcome to the ExcelinSafety Online Store Affiliate Program (the "Program"). This Agreement sets forth the terms and conditions by which you ("Affiliate") may participate in the Program and earn commissions (the "Commissions") by promoting ExcelinSafety Online Store products (the "Products") on your website, social media channels, or other online platforms.
2. Eligibility
To be eligible for the Program, you must be:
- At least 18 years old;
- A resident of a country where the Program is available;
- Able to enter into a binding agreement; and
- The owner or operator of a website, social media channel, or other online platform that complies with these Terms and Conditions.
3. Application and Approval
To apply to the Program, please complete the online application form on our website. We reserve the right to approve or reject any application at our sole discretion.
4. Affiliate Obligations
As an Affiliate, you agree to:
- Promote the Products in a fair and ethical manner;
- Comply with all applicable laws and regulations;
- Accurately represent the Products and the Program;
- Use the provided marketing materials and tools as instructed;
- Disclose your relationship with ExcelinSafety Online Store when promoting the Products;
- Not engage in any deceptive or misleading practices;
- Not spam or otherwise violate the rights of others;
- Not promote the Products to any audience that is not appropriate for the Products;
- Be responsible for the content and activities on your website, social media channels, or other online platforms;
- Report any suspected abuse or misuse of the Program to us immediately.
5. Commissions
You will earn a commission of 15% on the net sales of Products generated through your unique affiliate link or code. Net sales are defined as the total sales price of Products purchased minus any returns, refunds, discounts, or promotional offers.
6. Payment
Commissions will be paid on a monthly basis, via the payment method you select in your affiliate account, provided you have earned a minimum of $50 in commissions in the preceding month.
7. Term and Termination
This Agreement will remain in effect until terminated by either party. We may terminate this Agreement at any time, for any reason, with or without notice. You may terminate this Agreement at any time by providing us with written notice. Upon termination, all rights and obligations of the parties under this Agreement will cease, except for those which are expressly stated to survive termination.
8. Intellectual Property
We own all right, title, and interest in and to the ExcelinSafety Online Store brand, trademarks, logos, and other intellectual property. You may not use any of our intellectual property without our prior written consent.
9. Disclaimer
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT THE PROGRAM OR THE PRODUCTS. THE PROGRAM AND THE PRODUCTS ARE PROVIDED "AS IS" AND WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification
You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in connection with your participation in the Program or your breach of these Terms and Conditions.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with this Agreement shall be resolved by binding arbitration in accordance with the rules of the New Zealand Arbitration Centre. The arbitration shall be conducted in English and the seat of the arbitration shall be Wellington, New Zealand.
13. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
14. Amendments
We may amend these Terms and Conditions at any time by posting the amended terms on our website.