Each participant in the Affiliate program offered by The Fit First Responders(the "Program Operator") at (the "Website") agrees to this Affiliate Program Agreement.
PLEASE READ THIS AGREEMENT IN IT’S ENTIRETY. UNLESS YOU EXPRESSLY AGREE AND CONSENT TO THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE AFFILIATE PROGRAM. BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE AGREEING TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU CHOOSE NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE AFFILIATE PROGRAM.
This Agreement incorporates the Program Operator's terms, conditions, and policies (located on this Website) herein as if it were set forth in full.
Throughout this Agreement, "Affiliate program" and "program" refers to the Affiliate program operated by the Program Operator in part for the Website.
Each Affiliate is an independent contractor of the Program Operator and not an employee. Nothing herein is intended to create an employer/employee relationship.
The program is not a “business opportunity” for purposes of the U.S. Federal Trade Commission’s Business Opportunity Rule, 16 C.F.R. § 437.1 et seq.
Commissions and Referral Fees
Whenever someone orders through your Affiliate link, your Affiliate ID is credited with a referral fee if one is specified on our Website. The commission and any referral fee amount varies from product, service or opportunity. The rate at which your referral fee, if any, is generated can be found on the Website and is subject to change at any time.
Before any Affiliate may be sent a commission check or payment, the Affiliate must submit to the Program Operator identification information. Such identification information shall include, at a minimum, a copy of a government issued, photo identification card (for example, a driver's license). These documents shall be emailed to the Program Operator as per the instructions sent in your "Welcome, Affiliate" email. You will not receive any payment of commission/referral fees until such time as you submit the required documentation to the Program Operator.
Commissions on products and services are paid at the rates as indicated on the Website. The Program Operator strives to pay similar rates on future products, services, and opportunities, but reserves the right to pay a different scale if necessary.
Income Tax Liabilities
Each Affiliate acts as an independent contractor and as such is responsible for any or all United States, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or location. If you are NOT a resident of the United States, the Program Operator will withhold the appropriate U.S. income tax applicable to foreign nationals, prior to your receipt of any commissions. The Program Operator does so pursuant to the United States Internal Revenue Service laws (also known as the United States Tax Code) and other applicable laws and regulations. It is the Affiliate's sole responsibility, and not the responsibility of the Program Operator, to take any steps necessary to recover these sums under the Tax Code and other applicable laws and regulations.
The United States controls the export of products and information. Each Affiliate agrees to comply with such restrictions and to not export or re-export the materials (including software) to countries or persons prohibited under the export control laws. By becoming an Affiliate, you are agreeing that you are not in a country where such export is prohibited or are not a person or entity to which export is prohibited. You are responsible for compliance with the laws of your local jurisdiction with regard to the import, export, or re-export of the materials (including software).
Each Affiliate is responsible for compliance with all applicable U.S. laws and regulations, including but not limited to, those laws pertaining to export control. By registering as an Affiliate, you warrant that you are not a citizen or resident of a country designated as having Embargoed Nation Status and further, you also warrant that you are not on the list of Specially Designated Nationals or Blocked Persons maintained by the U.S. Treasury Department. The products and/or services are exported from the United States in accordance with the Export Administration Regulations. Diversion to other countries is contrary to U.S. law and is prohibited.
In compliance with the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. 107-56, 115 Stat. 272, as reauthorized and amended, only those who have provided appropriate identification information and do not reside within an embargoed nation and who are not listed on the Specially Designated Nationals list may receive commission checks paid by either the Program Operator or its agent.
Commissions are paid once per month by payment processor on the day of the month for sales made through the day of the previous month, and are paid by the Program Operator.
This is the minimum amount that you must earn before you will be paid commissions. In any commission period, your commission must exceed this amount before you will receive any sums for that period. Commissions below this minimum amount will be held until such time as the commission equals or exceeds this amount.
Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason. The Program Operator reserves the unilateral right to reject any transaction within its sole discretion for any reason.
The Program Operator is not responsible for paying interest to Affiliates for accrued but not yet delivered commission payments.
If a transaction incurs a charge-back, or if an online transaction is not completed, no commission payment is due to the Affiliate. If a commission has already been paid, then it will be deducted from an active Affiliate's future commissions.
All commissions are paid in US Dollars by PayPal or check. Affiliates requesting bank drafts will have a processing fee of $10.00 deducted from the check. This fee may change at any time.
Each Affiliate is responsible for selecting the payment processor, through which to receive their commissions/referral fees, from the payment processors supported by the Program Operator. If you elect a payment processor through which to receive your commissions and you later terminate the account or the account becomes unavailable for any reason, the Program Operator is not responsible for your not receiving the money.
Each Affiliate is responsible for always maintaining the payment processor through which they receive their commissions/referral fees OR selecting an alternate method of payment supported by the Program Operator. This election is entirely made by the Affiliate and the Program Operator assumes no responsibility for non-receipt of payments made according to the payment processor elected by the Affiliate, or the Affiliate's lack of ability to then conform to the payment processors or processes supported by the Program Operator.
The Program Operator assumes no responsibility for an Affiliate not electing a payment processor. If an Affiliate fails to elect a payment processor, any sums due will be paid via check and any fees applicable to payments by check or bank draft will be deducted.
As an Affiliate of the Program Operator, your website on which you advertise any products or services of the Program Operator may only include products that are not capable of being viewed by persons 13 years of age or younger unless the Program Operator specifically allows such products. Your website may NOT contain any content or images that are NOT suitable for being viewed by persons 13 years of age or younger if you include any reference whatsoever to the Program Operator, the Website, the eBook(s), or your Affiliate Link. On any website on which you include any reference whatsoever to the Program Operator, its products, services, and eBooks, you may NOT include any reference whatsoever to any form of "Adult" content. Any violation of these requirements will result in immediate termination of your Affiliate status and you shall forfeit any commissions/referral fees that may be due. In the event that any violation of these requirements results in the suspension or termination of any payment processor for the Program Operator, you shall be liable for liquidated damages in the amount of $10,000 as well as actual and any consequential damages that the Program Operator may incur.
Payment Processor Fees
All commissions are calculated based on the net transaction. In other words, all taxes, shipping, and payment processing fees are first deducted from the sums collected from the customer. The remaining amount is a commissionable sale. The commission rate listed on the Website is then applied to determine the amount due the Affiliate. Any sums paid for taxes, shipping, and payment processor fees are not commissionable. The Program Operator may also charge a per transaction fee for every transaction processed. In the event that a per-transaction fee is applied, the amount of the fee can be seen on the Website. Any such fee is not commissionable and is also deducted from the sums paid by the customer, prior to the calculation of any commission.
Spam And Unsolicited Commercial Email (UCE)
The Program Operator does not tolerate the sending of unsolicited commercial emails (“UCE” a.k.a. junk email or spam email) that promote, or make reference to the Program Operator, or any of their associated companies or Websites, Partners, employees, the Websites, products or services. The provisions of the Program Operator's Anti-Spam Policy shall apply to each Affiliate. Any Affiliate who, in the opinion of the Program Operator, breaches this rule will have their Affiliate status canceled and any outstanding commissions will be forfeited.
Investigations by Law Enforcement or Government Agencies
The Program Operator reserves the right to reject any Affiliate application or immediately terminate any Affiliate from the Program who has ever been investigated by any law enforcement or government agency for the Affiliate's marketing or advertising practices in online or offline business ventures. Every applicant for the Program must make full disclosure to the Program Operator of any such investigations, including the results of such investigations so that the Program Operator can make an informed decision as to whether the applicant is eligible for the Program.
The Program Operator and their associated companies operate with the strictest codes of professional conduct. Any Affiliate who brings the Program Operator or their employees, partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their Affiliate status canceled and any outstanding commissions will be forfeited.
The Program Operator reserves the right to reject any Affiliate application if, in the Program Operator's opinion, that person or entity violates established laws or commonly held standards of decency. For example, the Program Operator will reject applications from any person or company that promotes any form of violence, illegal activities, or from applicants who the Program Operator prefers not to be associated with.
Affiliate Status Disclosure
In your communications with the public and third parties concerning your relationship with the Program Operator, you must clearly disclose that you are an Affiliate in a manner consistent with the U.S. Federal Trade Commission’s material connections disclosure requirements per 16 C.F.R. § 255.0 et seq. You shall not misrepresent or imply that the relationship is a partnership, joint venture, endorsement of your business, or the like.
Keywords and Promotion
Without express prior written approval from the Program Operator, no Affiliate shall register, own, lease, or otherwise use a domain name that includes key words or key phrases consisting in whole or in part of the Program Operator's trademarks, service marks, and/or words contained in the Program Operator's domain name www.TheOilerBox.com Without express prior written approval from the Program Operator, no Affiliate shall use any of these words either in a pay-per-click (PPC) or cost-per-action (CPA) campaign. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate's status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Program Operator by Affiliate's breach.
Negative Promotional Content
Affiliates shall not use negative content to promote products or services sold by the Program Operator. This includes, but is not limited to, use of reviews or ads that refer to Program Operator products or services as a "scam," "fraud," "bogus," "fake," "sucks," or synonyms or phrases that convey the same meaning. The Program Operator is aware that this marketing tactic may generate leads for an Affiliate but it does so at the expense of the Program Operator's good name. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate's status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Program Operator by Affiliate's breach.
Affiliate Sales and Tracking
After signing up for the Affiliate program, you will receive a unique Affiliate URL ("Affiliate Link") which you will use to advertise the Website. When someone clicks through this URL, a cookie will be set in their browser with your Affiliate ID and their IP address may also be logged with your Affiliate ID. During that visit to the Website or any later visit, when a purchase is made the commission will be given based on the existence of the cookie.
In order to receive proper credit for sales, a person or entity must purchase through your unique Affiliate URL. Masking or cloaking of the links (whether done by software or by a script, and sometimes referred to as "Affiliate link cloaking") may or may not work with parts of the Website and this Affiliate program. The Program Operator allows masking or cloaking but you must provide a repeatable process for our verification of the cloaked link, otherwise the use of the masked or cloaked link is disallowed.
Term and Termination
This Agreement will begin upon your sign-up with the Affiliate program and will end when either you or the Program Operator terminates your Affiliate status, or if your account is inactive in any continuous twelve (12) month period. An Affiliate may terminate this Agreement at any time, and for any reason, by writing to - or emailing - the Program Operator at the email address listed on the Website. The Affiliate may not assign or transfer this Agreement, or any rights conveyed in this Agreement, to any third party whatsoever.
The Program Operator may also terminate this Agreement at any time, and for any reason, by writing to Affiliate at the email address listed in the Affiliate's Profile, with 30 days notice. The Program Operator may transfer this Agreement to any party whatsoever, at any time, and this Agreement shall remain in full force and effect, without notice to Affiliate. However, if this Agreement should terminate for cause due to violation of this Agreement or the Website's other terms, conditions, and policies, this Agreement shall terminate immediately and Affiliate shall forfeit all right to any commissions then due.
Rights To Modify Agreement
The Program Operator, and its associated companies may, in good faith, modify any of this Agreement and/or the Website's other terms, conditions, and policies (including the Affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new Agreement on the Website. These changes will come into force immediately upon posting. The Affiliate's continued participation in the Affiliate program following the said posting of a change notice or new Agreement shall constitute binding acceptance by the Affiliate of the change.
If any modification to this Agreement is not acceptable to the Affiliate, the Affiliate's only recourse is to terminate this Agreement. Upon termination of this Agreement, the former Affiliate must remove all Affiliate links and graphics from its website, and refrain from publishing same in any manner whatsoever.
No Affiliate, or other person or entity may use the Website, or the Program Operator payment processing system, for private transactions. Any revenue collected through the Website or through the Program Operator payment processing system may become the sole property of the Program Operator. Specifically, Affiliates may not link to the Website for processing of products or services that are not wholly sponsored by the Program Operator and authorized by the Program Operator and further, may not link to the Website for processing of any products beyond what the Program Operator has identified as salable products for the Website and specific Affiliate sales.
Should any Affiliate of the Program Operator or other person or entity construct links that process orders through the Program Operator payment processing system, the act will be considered an attack of computing resources with intent to damage the Website and therefore treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law.
Affiliate Identification Numbers
You will be provided an Affiliate identification number. Your Affiliate ID number may be numeric and/or CaSe sEnSitIvE. For example, the code 'learn_more' is different from 'Learn_More'. You are responsible for maintaining the secrecy and security of your Affiliate ID number and password. You agree to hold the Program Operator harmless in the event that any such information is shared by you with any other person or entity whatsoever.
The Program Operator will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of "intents of harm" to the program, or acts of God or Nature. The Program Operator makes no claim that the operation of the Websites or that the Program Operator network will be error-free nor will the Program Operator be held liable for any interruptions or errors.
This Affiliate program Agreement was last updated on July 2019.