Affiliate Program Agreement
Last updated on January 1, 2021
We’re so excited you want to be part of the Contract Market’s Affiliate Program. This Agreement sets out the details of the Contract Market’s affiliate program (“Affiliate Program”), each of our roles and responsibilities, how Affiliates are paid commissions and other important terms governing our relationship.
By signing up as an affiliate ( “You” or “Affiliate”) with the Contracts Market (“Company”) and participating in our Affiliate Program, You agree to be bound by this Agreement, which outlines the terms of your participation in the Company’s Affiliate Program.
Participation Not Guaranteed
To apply for participation in the Affiliate Program, You must complete an application through the Company website or similar, such as a Company landing page, and consent to these Terms before your application will be approved. The Company is under no obligation to accept your application, and may deny your application for any reason. You represent that all information provided through the application is accurate and current.
Minimum Age to Participate.
All Affiliates must be at least 18 years old. By signing up to be an Affiliate, you confirm you are least 18 years of age or older.
How does this affiliate program work?
To participate in the Affiliate Program, you must apply to be an Affiliate through Tapfiliate, which, upon signing up will then automatically create an Affiliate Link. You won’t be provided a special code that users need to enter at check-out, instead everything is tracked through your Affiliate Link. An "Affiliate Link" is URL or hyperlink which contains the Affiliate's ID with the intention of tracking referred traffic to www.thecontractsmarket.com (“Website”).
When an Affiliate directs or sends a prospective buyer to our website or related website their Affiliate Link and that visitor then purchases a product from us within 60 days of clicking the Affiliate Link, the Affiliate will receive a twenty (20%) percent commission from Contracts Market on the sale of that product (the "Commission"). All Commissions are paid in CDN dollars.
AFFILIATE RESPONSIBILITIES
Providing correct information
You are responsible for providing us with your correct contact information at the time that you register for the Affiliate Program and for keeping that information up-to-date. It is Affiliates sole responsibility to provide correct account and contact information and update their Affiliate account accordingly.
Username and password
Your login credentials (username and password) are personal to you. You must always maintain confidentiality and not disclose them to any third party and you are solely responsible for your username and password. You agree to indemnify us against any claims arising out of your failure to maintain the confidentiality of your username or password. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity. Contracts Market will not be liable for any loss you may incur as a result of someone else using your password or account (either with or without your knowledge). You agree to notify us immediately of any unauthorized use of your account or any other breach of security so we may attempt to remedy the situation in our platform.
As an Affiliate, you agree not to:
• Purchase from Contracts Market using your own personal affiliate link. To clarify, you, as an affiliate, cannot collect commissions from your own purchases.
• Misrepresent Contracts Market or any of our products, or services.
• Make any false or disparaging comments about Contracts Market or Jaime Bell or any of our websites, products or services with the determination of such disparagement to be in our sole discretion.
• Engage in any conduct that is likely to impair or cause damage to the operation of our website whether by way of a virus, corrupted file or through use of any other software or program.
TERM AND TERMINATION
Term
This Agreement is effective immediately upon your acceptance of this Agreement and shall continue until terminated as described in this section.
Termination
Both parties to this Agreement reserve the right to terminate this Agreement at any time without notice. In the event of termination of this Agreement, any outstanding Commissions due to Affiliate will be payable. If a purchaser who used an Affiliate Link issues and wins a chargeback dispute, we reserve the right to collect any Commissions paid from the Affiliate. All confidentiality and non-disclosure agreements survive the termination of the Affiliate relationship. In the event we terminate this Agreement due to breach by Affiliate, Affiliate shall not be entitled to any outstanding Commission payments.
Any termination of this Agreement shall result in immediate termination of any limited license granted to Affiliate to use intellectual property of the Company pursuant to this Agreement for purposes of promoting the products or services of Company.
PROMOTION AND MARKETING
Offerings Covered by this Affiliate Agreement
This Affiliate Agreement covers all products available on our website unless otherwise specified on our Website, through email correspondence from us, or in this Agreement.
Promotional and Marketing Materials
Company may from time to time provide Affiliate with promotional materials which may include ongoing information about our products, marketing and sales from time to time. The promotional materials may include text, images, links, buttons, banners, or other material for use and/or display on the Affiliate’s website or in its email marketing efforts in support of our offerings. All material shall be used in accordance with these terms, and only as specified by Company, including through any instructions that accompany the Promotional Materials provided by Company. Affiliate agrees to make best efforts to cooperate with Company’s marketing schedule and other marketing requirements.
Affiliate agrees to use the Promotional Materials as follows:
* • Affiliate may only use the Promotional Materials, (text, graphics, audio, video or other content provided by Company) to promote Company’s offerings, unless Company has provide express written consent or approval of additional materials prior to their use by Affiliate
* • Affiliate may only use the Promotional Materials for promotion of Company or its offerings, and for linking to the Company’s website, or specific offers or sales pages as directed by Company.
* • Affiliate will not modify the Promotional Materials in any way, without the prior written consent of Company to specific alterations, additions or subtractions requested by Affiliate.
Company may update or add to this information from time to time and communicate new marketing material or provide related documentation in support of this Agreement as necessary. Affiliate agrees to make best efforts to cooperate with Company’s promotional or marketing schedule and other marketing requirements.
TRACKING AND COMMISSIONS
Sales Tracking & Reporting Once you are accepted into the Affiliate Program, an Affiliate Link with be autogenerated and provided to Affiliate. Affiliate will have access to an Affiliate portal through TapFiliate which will display the sales history, payout commissions and other relevant information related to any sales transacted using Affiliate’s unique affiliate link. If Affiliate has any questions at any time or is having any issues with Tapfiliate Affiliate may contact Company at support@thecontractsmarket.com
Commissions
Affiliate will be paid a TWENTY (20%) commission for each customer who completes a one-time payment purchase on the Company website using the affiliate link assigned to Affiliate. Commissions will be calculated based upon the Gross Sales Price. Gross Sales Price is defined as all payments received by Company for the sale of the product, but not including, sales tax.
Company reserves the right to temporarily or permanently withhold Commissions on any sale that involves fraudulent or suspected fraudulent activity, the failure of the customer or purchaser to comply with terms of purchase including payment plan terms, or providing accurate customer or billing information, or for any other reason that would require termination of or refund of the sale.
Company reserves the right to change the commission rate structure at any time in the Company’s sole discretion and will issue notice to any participating Affiliates immediately upon such change to the program. Any change in commission rate structure shall not affect sales transacted prior to such change.
No Commission will be paid out if the Affiliate Link was not used and the sale was not tracked. For clarity, no commissions will be paid if a purchaser was introduced to Contracts Market by Affiliate, but did not click through their Affiliate Link within the tracking timeframe prior to purchase.
Commission Payment Timeline
Commissions will be paid no later than the 5th day of the following month the sale was made through your Affiliate link. Once you start sharing your Affiliate link with others, you will be able to track click-throughs, sales and commissions owing through the Affiliate portal.
Chargebacks
If we are charged back (due to a customer refund) at any time up to 12 months from the date of sale, we will charge you back for that Commission.
Taxes Affiliate is responsible for the payment of all taxes owing related to commissions received under this Agreement.
INTELLECTUAL PROPERTY
Ownership
We reserve all rights in and to our trademarks, service marks, copyrights, and other intellectual property rights that may subsist in our websites including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to Contracts Market and any of our other property or to our licensors ("Intellectual Property"). You must not use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in this Agreement or with prior written consent from us.
Modification and Display of Intellectual Property
You are not permitted to make any changes to any of our Intellectual Property including without limitation the logos and images from Contracts Market or any of our other property. You must not display such items in any way that might be deemed distasteful or that defames or misrepresents the Contracts Market or any of our other property or this Affiliate Program.
License and Use of Company Intellectual Property
Subject to the limitations set forth in this Agreement, Company grants Affiliate a non-exclusive, non-transferable, revocable license to access Company’s site through the link provided (where applicable), and solely in connection with such link/s to use the Promotional Materials provided by Company, but only in the forms provided by Company for the sole purpose of selling Company products and services as approved in advance by Company. This License shall terminate immediately upon the expiration or termination of this Agreement. Further, Affiliate is not granted a license to use any of the Company’s intellectual property or proprietary information other than the Promotional Materials referenced above. Affiliate may not distribute or download any of our Intellectual Property and distribute without our express prior written permission.
AFFILIATE WEBSITE COMPLIANCE
Affiliate’s Website
Affiliate is solely responsible for the operation and maintenance of its own website. Affiliate represents that the material or content appearing on its website does not infringe upon the rights of any third party, including intellectual property rights or the right to privacy. If Affiliate is placing any links on Affiliate’s website or in its email marketing, Affiliate confirms and represents that Affiliate has proper legal documentation implemented on its website including Website Terms & Conditions, and a Privacy Policy that is compliant with Canada and US regulations as well as the GDPR if Affiliate advertises to or collects any data from residents of the European Union. You expressly agreed to abide by the laws and requirements set out in the Canada's Anti-Spam Legislation. More information on compliance with this legislation can be found here.
DISCLAIMER, LIMITATION OF LIABILITY AND WAIVER
Disclaimer & Limitation of Liability
Company makes no express or implied warranties or representations with respect to the Affiliate Program or any Company Products or Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE). In addition Company makes no representation that the operation of its website will be uninterrupted or error-free, and Company will not be liable for the consequences of any interruption or errors, including tracking of information about referred Customers or sales during the period of interruption. Best efforts will be made to recapture this information in the event of an interruption, but no result is guaranteed.
Indemnification Affiliate hereby agrees to indemnify, defend and hold harmless the Company (including Company’s licensors, licensees, successors, distributors, agents, representatives, and other authorized agents, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns, collectively the “Indemnified Parties”) from and against any and all claims, liabilities, actions, causes of action, damages, losses, costs and expenses, including legal fees and expenses, that the Company may incur and which are based in whole or in part upon the Affiliate’s participation in the Affiliate Program, breach of terms or conditions herein, misuse of Licensed Materials referenced above, any infringement by Affiliate upon third-party rights, or any other claim related directly or indirectly to the Affiliate’s use, operation of or content on the Affiliate’s website. Affiliate shall use best efforts to cooperate with Company in the defense of any claim including to provide Company with assistance, without charge, as may be requested in connection with any such defense, including, without limitation, providing Company with such information, documents, records, and reasonable access to Affiliate as deemed necessary by Company. Company reserves the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by Affiliate. Affiliate shall not settle any third party claim or waive any defense without Company’s prior written consent.
GENERAL
Confidentiality In the event that any information is disclosed to Affiliate through its participation in the Affiliate Program related in any way to the Company and its business which Company deems to be confidential and proprietary, Affiliate agrees to hold such information confidential and to not disclose such information to any third party or use for any purpose other than to fulfill its obligations under this Agreement. Confidential or proprietary information shall include any information related to Company’s business, business plans, marketing plans, user statistics, financial information, pricing, profits, membership information, affiliations, sales information, and all other information that Company considers to be confidential and proprietary.
Modifications Company reserves the right to amend this Agreement and the terms of the Affiliate Program from time to time in its sole discretion. Affiliate will be paid all commissions or fees earned in accordance with this Agreement prior to any such change. Any amendments to this Agreement or changes to the Affiliate Program shall apply to Affiliate in any subsequent sales, following email notification of the modification or new terms. Modifications may include, but are not limited to, changes in the scope of the available Commissions, Commission amounts/ percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to Affiliate, Affiliate may terminate this Agreement. Affiliate’s continued participation in the Affiliate Program following the email receipt of any modification or terms of the new agreement will constitute binding acceptance of the change.
Relationship of Parties Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate shall remain an affiliate only, and as an independent contractor shall have no authority to make or accept any offers or representations on Company’s behalf.
Assignment Neither party may assign its rights or obligations under this Agreement to any other party, except to a party who obtains all or substantially all of the business or assets of a third party.
Entire Agreement This Agreement constitutes the full agreement between the Parties and supersedes any prior negotiation, understanding or Agreement between the Parties, whether oral or written, on the matters contained in this Agreement.
Notices Any and all notices, demands, or other communications desired to be given hereunder by any party shall be in writing and may be validly given or made to another party if provided via e-mail, sent to the email address indicated below. Any party may change its address for such communications by giving notice to the other party in conformity with this section.
If to the Affiliate: Via the email address used by the Affiliate to sign up for the Company’s Affiliate Program.
If to the Company: By email to support@thecontractsmarket.com .
Severability If any of the provisions of this Agreement are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Governing Law and Jurisdiction
This Agreement is governed by and interpreted in accordance with the laws of the province of British Columbia and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Courtenay, British Columbia.
Dispute Resolution
In the event any dispute arises between the Parties in relation to this Agreement or a breach of this Agreement and the dispute is not resolved by negotiation, the Parties agree to submit the dispute for mediation prior to pursuing any other available remedy in relation to the dispute. The Parties may agree to virtual mediation, when available.