This agreement describes the terms and conditions for participation in the Geek Toys World affiliate program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, “Geek Toys World” refers to Geek Toys World Inc. with whom you are entering this agreement. By applying to the Geek Toys World affiliate program you are confirming that you have read the agreement and agree to the terms and conditions.
This Affiliate Agreement ("Agreement") is made and entered into on [Date] ("Effective Date") by and between Geek Toys World INC (Company) and [Affiliate], an individual with a mailing address at [Address] ("Affiliate").
WHEREAS, Company desires to engage Affiliate as a marketing affiliate to promote and advertise the Company's products; and
WHEREAS, Affiliate is willing to promote and advertise Company's products to potential customers in exchange for a commission on sales generated by the Affiliate's marketing efforts.
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the parties agree as follows:
- "Affiliate" means the individual or entity who has agreed to participate in the Affiliate Program and promote the Company's products.
- "Affiliate Program" means the Company's marketing program through which Affiliate will promote and advertise Company's products to potential customers.
- "Company's Products" means any product(s) offered for sale by the Company.
- Affiliate shall promote and advertise Company's Products to potential customers in accordance with the terms of this Agreement.
- Company shall provide Affiliate with access to marketing materials, including product images, descriptions, and promotional materials, to assist Affiliate in its marketing efforts.
- Company shall be responsible for processing and fulfilling all orders placed by customers referred by Affiliate.
- Company shall pay Affiliate a commission on sales generated by Affiliate's marketing efforts in accordance with the terms of this Agreement.
- Company agrees to pay Affiliate a commission on sales generated by Affiliate's marketing efforts. The commission rate shall be 10 percent of the net sale price of Company's Products sold to customers referred by Affiliate.
- Company shall pay Affiliate on a 30 day basis. Payment processing can take up to 30 days from the last day of the month. Payments will generally be paid out via PayPal.
- Affiliate is responsible for all taxes, if any, on the commissions paid to Affiliate under this Agreement.
- For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.
- The Affiliate is on a recurring payment schedule, they will continue to accumulate commissions for each paid transaction by the customer for as long as the customer remains a paying customer.
RefundsIn the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.
Usage and Obligations
- Affiliates are permitted to use the Geek Toys World brand and marketing resources available in the Affiliates section of the Geek Toys World Assets folder. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
- The Affiliate will never bid for advertisements that compete with Geek Toys World.
- The Affiliate will never represent themselves, Geek Toys World or their relationship with Geek Toys World in a false or misleading way.
- The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Geek Toys World.
- The Affiliate will not in any way explain or show ways of solving to the Geek Toys World products.
Term and Termination
- Either party has the right to terminate the agreement immediately without prior notice. If the Affiliate terminates the agreement, no further commissions from Geek Toys World will be paid for any past or future customer transactions. If Geek Toys World chooses to terminate the agreement, any balance greater than $25 USD will be paid to the affiliate within 60 days of termination. Balances that are smaller than $25 will be forfeited.
- Either party may terminate this Agreement immediately upon written notice in the event of a material breach by the other party.
Representations and Warranties
- Company represents and warrants that it has the right to enter into this Agreement and to grant Affiliate the rights granted herein.
- Affiliate represents and warrants that it has the right to enter into this Agreement and to perform its obligations hereunder.
- Each party agrees to keep confidential any non-public information disclosed by the other party in connection with this Agreement.
- This obligation of confidentiality shall survive the termination of this Agreement.
Limitation OF Liability
- NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THE MAXIMUM LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL COMMISSIONS PAID TO AFFILIATE UNDER THIS AGREEMENT.
Governing Law and Jurisdiction
This Agreement shall be governed, construed, and enforced in accordance with the laws of the Affiliate Resided State, without regard to its conflict of laws rules.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the Residing State of the affiliate. An award of arbitration may be confirmed in a court of competent jurisdiction.
Geek Toys World may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.