AFFILIATE PROGRAM TERMS AND CONDITIONS AGREEMENT - 4-11-15, Amended MAY 7, 2015, Amended March 20, 2016
Thank you, again, for exploring our affiliate program and signing up as an affiliate with PhotonBuzz.com. Like a lot of other business activities, we've developed a basic set of terms and conditions that outlined various expectations of our program. By filling out the signup form you acknowledge that you have read the terms and conditions, understand, and agree with them.
1. JOINING THE PROGRAM
By filling out the signup form on the Reversion website, and upon acceptance, you will become an affiliate and are bound by the terms and conditions of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on products purchased by your referred individuals.
2. AFFILIATE RESPONSIBILITIES
It is understood that you will introduce PhotonBuzz.com and its products to your current and prospective customers and will comply with all laws as well those that govern email marketing and anti-spam laws. PhotonBuzz.com reserves the right to accept or reject any prospective customers and will pay you a commission per customer referred using your affiliate code according to the designated payment schedule.
Either you or PhotonBuzz.com may terminate the Affiliate relationship at any time. You are only eligible to earn Affiliate payments during your time as an approved Affiliate. PhotonBuzz may change the program or service policies and operating procedures at any time.
In order to ensure a quality program, we are seeking Affiliates that will meet the following minimum Base Characteristics:
3. AFFILIATE RELATIONSHIP
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between PhotonBuzz.com or 2Rego, LLC and Affiliate. Affiliate shall provide services for PhotonBuzz.com as an independent contractor. Affiliate shall have no authority to bind PhotonBuzz.com into any agreement, nor shall Affiliate be considered to be an agent of PhotonBuzz.com in any respect.
PhotonBuzz.com or 2Rego, LLC will not be liable for indirect, special or consequential damages arising in connection with this program and our aggregate liability arising with respect to this program will not exceed the total referral fees paid or payable to you. PhotonBuzz.com makes no express or implied warranties or representations with respect to the program. In addition, PhotonBuzz.com makes no representation that the operation of the service will be uninterrupted or error-free, and PhotonBuzz.com will not be liable for the consequences of any interruptions or errors.
Company hereby grants to Affiliate a nonexclusive, nontransferable license (the “License”) to use Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration upon departure of Affiliate from program or termination of this Agreement.
5. USE OF PROMOTIONAL MATERIALS
The Affiliate’s use and display of the Promotional Materials on the Affiliate’s site shall conform to the following terms, conditions and specifications:
a Affiliate may only use the Promotional Materials for the purpose of promoting the PhotonBuzz.com website (and the products available thereon), and for linking to the PhotonBuzz.com website.
b. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by PhotonBuzz.com. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from PhotonBuzz.com for such alteration of modification.
c. The Promotional Materials will be used to link only to the PhotonBuzz.com website, to the specific page and address as specified by Photonbuzz.
6. AFFILIATES'S REPRESENTATIONS AND WARRANTIES
Affiliate represents and warrants the following:
a. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
b. Affiliate’s website does not contain any materials that are:
i. Sexually explicit, obscene, or pornographic;
ii. Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
iii. Graphically violent, including any violent video game images; or
iv. Solicitous of any unlawful behavior
c. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
d. Affiliate will not use the Promotional Materials in any manner other than those set forth in Section 2 above.
e. Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.
f. Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that reference Company or Company’s website unless Company gives prior written consent to the distribution of such materials. Affiliate will not use Company’s name (or any name that is confusingly similar to Company’s name) for any purpose on its website, in its promotional materials, or in any other context except to promote Company’s website as specified in this Agreement. Affiliate will not register any domain name that incorporates Company’s name, or that is confusingly similar to Company’s name.
g. Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Company or Company’s website.
7. REVOCATION OF AFFILIATE STATUS
PhotonBuzz.com is always attempting to maintain a positive image as a company and to promote the positive benefits of being outdoors and using solar energy. We hope that all of our affiliates feel the same and will work toward the same mission. However, if it is deemed that an affiliate is wavering from this direction, any affiliate application and status in the program may be suspended or terminated for any action inconsistent with the terms herein or for any of the following reasons:
Inappropriate advertisements (false claims, misleading hyperlinks)
Illegal spamming (mass email, mass newsgroup posting, etc.)
Advertising on sites containing/promoting illegal activities
Violation of intellectual property rights
Inability to setup links or refer clients to PhotonBuzz.com (lack of performance)
8. AFFILIATE LINKS
You may use graphic and text links both on your website and in emails. The site may also be advertised "offline" in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are deemed appropriate according to the conditions above.
9. AFFILIATE TRACKING
PhotonBuzz.com uses the Reversion affiliate tracking system owned by Reversion, Inc. When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate username information. Other information, such as their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product at PhotonBuzz.com, the script will look for this cookie and/or try to match their IP address or similar identity tracking technology to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or they are using the same IP address as the one logged in the database.
10. COMMISSION CALCULATION
PhotonBuzz.com uses the Reversion affiliate tracking system owned by Reversion, Inc. to tabulate and track sales and commission payments due to our affiliates after the affiliate tracking process and purchases are completed. Commissions are paid at the rate and manner described on Reversion and PhotonBuzz.com reserves the right to increase or decrease commission rates through Reversion from time to time as it sees fit. The commission calculation does not include the flat default product cost, cost of shipping & handling, cost of local, state sales taxes calculated, or discounts that my be applied by PhotonBuzz.com from time to time. At the time of this policy, product costs to PhotonBuzz.com are not subtracted from an commission calculation.
Here's an example of how much you'll earn on a one-time purchase product with a 5% commission rate:
Example #1 - sale discount applied
Sample Retail Sales Price: $69.99
Subtract Any Discounts (10%): 6.99
Subtract Flat Default Product Cost: $10.00
Net Sale Price Amount Equals: $53.00
7% of Net Sale Price Amount equals $3.71.
As the referring affiliate for this sale, you would earn $3.71.
Example #2 - standard purchase w/ no sale discount.
Sample Retail Sales Price: $79.99
Subtract Any Discounts (0%): $0.00
Subtract Flat Default Product Cost: $10.00
Net Sale Price Amount Equals: $69.99
7% of Net Sale Price Amount equals $4.90. Therefore, as the referring affiliate for this sale, you would earn $4.90.
Maximum Commission. There is no maximum commission limit. Commissions are based on the net sales price and do not include discounts, the flat default product cost factor, calculated taxes, shipping and handling cost, postage expenses.
Returns. If a product driven to sale through an affiliate is returned or if the customer requests a chargeback on the purchase, you will not receive a commission. All money is returned to the customer, and so PhotonBuzz.com and the affiliate must also return their portions of the sale as well. And because of the 30-day return period for all PhotonBuzz.com products, this timing threshold will carry over to payout timing as PhotonBuzz is assured all purchases are final.
PhotonBuzz.com shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request, and is available through the affiliate area on the member page. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by PhotonBuzz.com within 14 days of discovering such discrepancy.
Commissions may be held for a period of up to 2 months from any purchase to protect PhotonBuzz.com and the Affiliate in the event of any chargeback that may occur. If a product driven to sale through an affiliate is returned or if the customer requests a chargeback on the purchase, the Affiliate is not entitled to receive a commission. All money is returned to the customer, and so PhotonBuzz.com and the affiliate must also return their portions of the sale as well. And because of the 30-day return period for all PhotonBuzz.com products, this timing threshold will carry over to payout timing as PhotonBuzz is assured all purchases are final.
11. INTELLECTURAL PROPERTY
PhotonBuzz.com retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3.
Affiliate shall indemnify and hold harmless PhotonBuzz.com from from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth in Section 6 above. Affiliate shall also indemnify and hold harmless PhotonBuzz.com for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
Any information that Affiliate is exposed to by virtue of its relationship with PhotonBuzz.com under these terms and conditions, which information is not available to the general public, shall be considered to be “Confidential Company Information.” Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Company.
14. TERMS OF THE AGREEMENT
These terms will begin upon your signup with the affiliate program and will end when your affiliate account is terminated. The terms of this agreement may be modified by PhotonBuzz.com or 2Rego, LLC at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
PhotonBuzz.com shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether PhotonBuzz.com was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
PhotonBuzz.com shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with PhotonBuzz.com as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate.