Below are the I.S.I. Tech Inc., herein known as "Shades of Crochet", affiliate terms and agreement. "You", "Your", or "Yourself" refers to the individual or organization (such as corporations, non-profits, etc.) that is taking part in the Shades of Crochet affiliate program, and "We", "Our", or "Us" refers to Shades of Crochet. If You have any questions, please feel free to contact Us. If Your application to become an affiliate is approved, then You have read, understood, and agree to abide by the following terms and conditions. Note, Our affiliate program is only available in Canada and the USA.
You hereby represent and warrant to Us that, under penalty of perjury, You are of legal age in Your country of residence and have the legal right to solely enter into this legal agreement to become an affiliate. In the case it is discovered that You are not fit to legally enter such agreement, this affiliate agreement immediately becomes void and any amount that would have been payable will be nullified and therefore, We will no longer be accountable to pay You any amount whatsoever.
Acceptable Use of Our Banners and Links: We provide You with a custom link and banners that You may use on Your website(s) or blog(s), provided that:
Commissions and Payments: The link We provide You with contains a coupon code, linked to Your affiliate account, which provides customers with a 10% discount on the sub-total of their purchase, shipping excluded. This coupon discount cannot be combined with Our other discounts (e.g. volume discount for purchasing multiple items); this detail is automatically managed by Our shopping cart system.
We pay a 10% commission on the sub-total of a customer's purchase, shipping cost excluded. For example:
- A customer clicks on a banner from an affiliate's website and selects an item valued at $200.00
- The customer gets 10% off due to the coupon discount: $20.00
- With the discount subtracted from the item, the customer's sub-total (without shipping) is $180.00
- Thus, the affiliate's commission would be 10% of $180.00, which equals $18.00
We pay out commissions at the end of each month if the minimum payment threshold of $50.00 is met and Your affiliate account is in good standing. All amounts paid are in Canadian dollars and made through PayPal.
If the balance is below the minimum payment threshold but is equal to or greater than $25.00 for a period of six (6) months, and Your affiliate account is in good standing, then We will pay You that balance. However, if the balance is below $25 for a period of six (6) months, then the balance will be reset to $0.00.
Commissions will not be paid for any purchases made by an affiliate, family members, or their organization.
If Your affiliate account is terminated by Us, but not for any violation, then We will pay You within 30 days of account termination as long as the balance owing is equal to or greater than $25.00. If Your affiliate account is terminated by Us due to a violation of this agreement, You forfeit any payments owed to You through this affiliate program.
If You terminate Your affiliate account with Us in good faith (e.g. no longer interested), then We will pay You within 30 days of account termination as long as the balance owing is equal to or greater than $25.00. If You terminate Your affiliate account with US not in good faith, You forfeit any payments owed to You through this affiliate program.
If a payment needs to be reissued due to an incorrect PayPal email address supplied or refusal by PayPal to accept payment, then We will attempt to reissue the payment again 120 days after the original issue date. If this second attempt to pay You fails, You forfeit any payments owed to You through this affiliate program and We may terminate Your affiliate account.
We will make every effort to reasonably and accurately track and pay commissions for sales generated from links / banners tied to Your affiliate account with Us. However, We will not be held responsible or liable for any issues whatsoever, whether technical, software / hardware related, direct or indirect actions of third parties, or otherwise that might cause service interruptions, loss of data, or otherwise that might affect commission revenues to Our affiliate program and Your participation in it.
Your Website Responsibility: It is Your responsibility to add the custom link and banner(s) to Your website(s). We do not provide any technical support. You are solely responsible and liable for the development, maintenance, and operation of Your website(s) including any and all content on it/them, as well as ensuring that all content is legally permissible and does not infringe on any trademarks, copyrights, privacy laws, rights of any third party, or laws of any nature pertaining to any of the content on Your website(s). We are in no way responsible or liable, nor will We be held responsible or liable in any way, shape or form, for any issues, legal or otherwise, arising from Your website(s) or the content on it/them. We recommend that You seek legal advice in regards to ensuring Your website(s) is/are compliant legally.
We will terminate this agreement with You immediately for the following reasons:
If Your account is terminated under such circumstances, You forfeit any and all amounts payable to You. Any and all decisions made on these and other issues noted in this affiliate agreement are made solely at Our discretion and all decisions are final.
Name, Address, Contact Information, and PayPal Email Changes: You will notify Us immediately of any changes You make regarding Your name, address, phone number, and email address.
Business Relationship: We and You are independent contractors and this agreement in no manner constitutes a partnership, employment, joint venture, sales agreement or otherwise between Our organization and You. You are not an agent of Our organization nor have any authority over it, or to make offers or represent Us in any way. This agreement will be immediately terminated with You if We find You have conducted Yourself inappropriately or have made such statements contradicting the above.
Modification of this Agreement: We reserve the right to modify any or all of this agreement at any time. If this agreement is modified, We will notify You by email and the updated agreement will take effect 24 hours following notice. By continuing in Our affiliate program following notification, You implicitly agree to the updated agreement. If You do not agree with the updated agreement, Your only recourse is to terminate Your participation in Our affiliate program.
Confidentiality: You agree to keep any and all correspondences and communications between Us and You, any and all affiliate data and information obtained from Us, and amounts of money earned from Our affiliate program and Your participation in it completely confidential. You may not disclose this material to anyone, whether person or organization of any kind, nor use it for any personal or business purpose, unless deemed necessary by the law (e.g. money earned for taxation purposes). You will be held responsible and liable for any breach in confidentiality, legal issues arising from the misuse of confidential information, or otherwise.
We will keep Your personal and organization's information confidential, unless required by law. We do not sell, rent, lease, give away freely, etc., any personal or organization related information, nor do We spam in any which way, shape or form.
Guarantees and Warranties: We make no guarantees that by participating in this program that an affiliate can earn money. We offer no warranties of any kind whatsoever in regards to this affiliate program.
Limitation of Liability: We are not and will not be held liable for any direct, indirect, consequential, or special losses or damages of any kind whatsoever whether related to revenue, profits, data, information, etc., occurring in connection with this agreement or Our affiliate program, even if We have been notified of the potential of such damages. Our combined liability occurring in relation to this agreement and Our affiliate program shall not exceed the total commissions payable to You under this agreement.
Indemnification: You hereby agree to indemnify, defend and hold harmless Shades of Crochet, Our employees, directors, officers, agents, affiliates, successors, and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including any and all legal fees and costs) of any nature whatsoever incurred or suffered by Us (collectively known as "Losses"), in so far as such Losses, or actions in respect thereof, arise out of or are based on (1) any claim or threatened claim that Our use of Our trademarks infringes on the rights of any third party; (2) the breach of any promise, covenant, representation or warranty made by You herein; or (3) or any claim related to Your website(s) or any other online content under Your ownership or control.
Term and Termination of Agreement: This agreement between You and Us begins at the time We accept Your application to become an affiliate of Shades of Crochet and will end when either You or Us terminates this agreement.
We may terminate this agreement with You for any reason whatsoever or no reason at all, at any time. In such event, We will provide a notice by email and the time and date of the email sent by Us shall constitute the end of the agreement. If Your account is terminated by Us and up to that point in time was in good standing, then You will receive payment owing to You as set out in the Commissions and Payments section. If this agreement is terminated because You have violated these terms, then You forfeit any and all payment(s) owing to You.
You may terminate this agreement with Us and must provide a written notice via email to email@example.com. If Your account is in good standing at the time You terminated this agreement with Us, and the termination is in good faith, then You will receive payment owing to You as set out in the Commissions and Payments section. If Your account is not in good standing due to any of the reasons in this agreement that constitutes such a status, Your account will be terminated and You forfeit any payments owing to You from Our affiliate program.
Upon termination in any case, any and all banners and links related to Our affiliate program must immediately be removed from Your website(s), blog(s), and any other locations You have used them.
Applicable Law: Any dispute(s) in relation to this affiliate program and/or use of this website will be governed by the laws of Alberta and the applicable federal laws of Canada. Provincial or federal courts located in Calgary, Alberta, Canada will be used to settle any disputes between Us and You in relation to this affiliate program and/or use of this website.
Additional Terms: We may terminate affiliate accounts in cases where payments cannot be made successfully. In such terminations, You forfeit any amounts owing to You from this affiliate program. Only one affiliate account may be held by any individual or organization and discovery of multiple accounts will lead to immediate termination and forfeiture of any and all commission payment(s) owing to You. We are the sole and final arbitrator for any and all disputes or claims related to the validity of sales and payments made to You under this affiliate agreement. This affiliate agreement may not be transferred, sold, leased, given away without cost, or assigned, etc., to any other third party. If particular terms or conditions are deemed invalid, void, or unenforceable for any reason, then that term or condition shall be deemed severable, but will not affect the validity and enforceability of any other terms and/or conditions.
Last updated: November 22, 2013