1. Compliance with Government Regulations
The Federal Trade Commission (FTC) is an agency of the United States government that sets out regulations businesses must follow. To be compliant with FTC guidelines, you need to ensure your affiliates disclose that they receive compensation for promoting your products in an obvious way, such as tagging affiliate posts on social media with “#ad”.
All affiliates are required to adhere to FTC guidelines in order to continue participating in your program.
To comply with the Federal Trade Commission (FTC) regulations, your link-level disclosure must be:
Clear. A clear disclosure could be as simple as "(paid link)", "#ad", or "#CommissionsEarned".
Conspicuous. It should be placed near any affiliate link or product review in a location that customers will notice easily. They shouldn't have to hunt for it.
To read more about FTC Endorsement Guides, visit https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking#affiliate. You can also find more guidance in the FTC’s Disclosures 101 for Social Media Influencers.
2. Brand Image Standard
Affiliates are prohibited from spamming third party blogs or social media with their affiliate links.
However, tasteful posts that adhere to the respective website's terms of use are allowed.
Affiliates may not use black hat or unethical marketing practices such as cookie stuffing. Cookie stuffing is the practice of embedding affiliate cookies into web pages without a visitor's knowledge.
All of the rules outlined in the affiliate program's terms of use are aimed at maintaining a positive brand image as well as meeting all federal, state, and local laws. Any affiliates found to be violating the rules will be warned and if they continue to violate the rules they will be banned. In addition to being banned affiliates whose commissions were generated from violating the affiliate rules are subject to losing all commission that were awarded therein.
3. Intellectual Property
Affiliates may not use any intellectual property without the express written consent of the intellectual property owner and the prior approval of Equipment Plus (LLC). Intellectual property is defined as but not limited to the following: copyrights, logos, content, patents, trademarks, trade secrets, and any images or likenesses of one or more persons.
Affiliates must follow all laws including copyright and intellectual property laws. Affiliates cannot use any material, images, sound files, or any other content format that has been copy written by the owners, artists, songwriters, etc. without the express written permission of the owners, artists, or songwriters.
4. Data Privacy.
You agree that our Privacy Policy (as may be updated from time to time) governs how we collect, use, and disclose your personal information. You acknowledge and agree that the information associated with any purchases belong to Equipment Plus (LLC).
All affiliates will honor and abide by all of the internet personal information privacy laws for all states, provinces, and territories and their representative federal, regional, and local governments.
5. Geographic Marketing Limitations:
All affiliates are limited to marketing within the United States, Canada, and Australia. No sales to other countries will be recognized as postal delivery systems in these countries may not be reliable.
6. Advertisements:
Affiliates may not advertise on adult oriented sites the provide pornographic content.
Affiliates may not advertise on any site that breaks the law or sells illegal drugs or illegal merchandise.
Affiliates must meet all state, local, and federal laws including FTC regulations.
All affiliates must agree to abide by the affiliate rules before they advertise or join our affiliate program.
7. Eligibility and Compliance.
If we (a) reject your application or (b) terminate your account in connection with any violation or abuse, including, but not limited to any violations of the Terms of Service, you cannot attempt to re-join the Program without our advance written authorization.
8. Rewards and Commissions.
All sales in excess of $100 (before taxes) on either donut-supplies.com, donut-equipment.com, or bakerywholesalers.com, will be eligible for a 5% affiliate commission. For example, a floor mixer that is priced at $3000 would have an affiliate commission of $150.
The 5% commission will only be recognized on individual sales over $100 before taxes from one of the websites listed (donut-supplies.com, donut-equipment.com, bakerywholesalers.com) and only on sales to customers in the United States, Canada, and Australia. Two or more sales cannot be combined and be eligible for the 5% commission. Neither can any sales made to regions other than the United States, Canada, and Australia.
9. Payment and Reporting.
Program commissions payable by Equipment Plus to you will be paid to you on a monthly basis, in compliance with the standard ShareASale payment rules. Commission fees will be cancelled in situations where a sale is not final or the merchandise is returned (refunded, charged back, discounted or credited) and the net value of the sales drops below $100.
10. Taxes.
You may charge and we will pay applicable national, state or local sales or use taxes or value added taxes that you are legally obligated to charge (“Taxes”), provided that such Taxes are stated on the original invoice that you provide to us and your invoices state such Taxes separately and meet the requirements for a valid tax invoice. We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any payment made to you under this Agreement, and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of such payment under this Agreement. Throughout your participation in the Program, you will provide us with any forms, documents, or certifications as may be required for us to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement.
11. License.
Other than as set out expressly herein or in the Terms of Service, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors.
12. Representations and Warranties.
You represent, warrant, and covenant that (a) you are at least 18 years of age and have not been previously removed from or prohibited from participating in the Equipment Plus (LLC) affiliate program.
You will participate in the Program in accordance with this Agreement, (c) your participation in the Program will not violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, industry standards, judgments, decisions, or other requirements of any applicable governmental authority (including all such rules governing communications and marketing), (d) you have the full corporate right, power and authority to enter into this Agreement and to perform the acts required hereunder; (e) your execution of this Agreement, and your performance of your obligations and duties hereunder, do not and will not violate any agreement to which you are a party or by which you are otherwise bound; and (f) the information you provide in connection with the Program is accurate and complete at all times.
We do not make any representation, warranty, or covenant regarding the amount of Program Fees you can expect at any time in connection with the Program, and we will not be liable for any actions you undertake based on your expectations.
13. Violations.
If you violate this Agreement, the Terms of Service or the Bits Acceptable Use Policy, in addition to any other rights or remedies available to us, we reserve the right to withhold (and you agree you will not be eligible to receive) Program Fees otherwise payable to you under this Agreement, whether or not directly related to such violation.
14. Term and Termination.
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. We may withhold accrued unpaid Program Fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancellations or returns). Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished.
15. Affiliate Account Cancellation or Revocation:
If at any time there has been no substantial activity on your Program account for at least twelve consecutive months, and you have not earned at least $100 in Program Fees during that twelve month period, we may close your inactive account and terminate this Agreement. If you have accrued Program Fees in your account, a maintenance fee will be deducted from your remaining balance. The maintenance fee will be the lesser of the accrued Program Fees in your account or $25. Any remaining balance will be paid to you.
If at any time there has been no substantial activity on your Program account for at least twelve consecutive months, and you have not earned at least $100 in Program Fees during that twelve month period, we will have the right to (i) close your inactive account and terminate this Agreement and (ii) deduct a maintenance fee from your remaining balance. Any remaining balance will be paid to you.
16. Disclaimers.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE PROGRAM AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY EQUIPMENT PLUS.
17. Indemnification.
You hereby release and agree to defend, hold harmless, and indemnify us, and/or our subsidiaries, affiliates, directors, officers, employees, agents, successors and assigns from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense and any other liability (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification), arising from or related to: (a) any act or omission by you, including, without limitation any breach of this Agreement (including your representations and warranties) or allegation or claim of negligence, strict liability, willful misconduct or fraud of you; or (b) your access to or use of the Program.
18. Limitation of Liability.
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE TO YOU FOR LOST REVENUE, LOST PROFITS, LOST BUSINESS, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY TO YOU, UNDER ANY THEORY OF LIABILITY, IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
Further, affiliates are wholly responsible for any and all damages resulting from the improper or illegal use of intellectual property. Equipment Plus (LLC) does not support, endorse, condone, or assume any liability whatsoever from any and all affiliates or their actions.
19. Relationship of Parties.
You and we are, and will remain at all times, independent contractors, and nothing in this Agreement will be construed to create an agency, employment, fiduciary, representative or any other relationship between you and us. You will not represent yourself to be an employee, representative, or agent of us. You understand and agree that you do not have authority to bind us in any manner, or enter into any agreement or incur any liability on behalf of us.
20. Arbitration.
Any dispute or claim relating in any way to this Agreement, the terms thereof, or your participation in the Program that arises between the parties (including the parties’ respective parent, affiliate and/or subsidiary entities) will be resolved by binding arbitration as described in this paragraph, rather than in court, except that (a) you may assert claims in a small claims court if your claims qualify, and (b) either party may bring suit by submitting to the courts in the aforementioned jurisdiction and waiving such party’s respective rights to any other jurisdiction to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Arbitration shall be conducted by the American Arbitration Association (“ AAA ”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
21. Miscellaneous.
21.1 Assignment.
You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Any attempt to assign in violation of this section is void in each instance. We may assign this Agreement: (a) to any of our affiliates; or (b) in connection with any merger, consolidation, reorganization, sale of all or substantially all of our assets or any similar transaction.
21.2 Severability.
Any determination that any provision of this Agreement, or any application thereof is invalid, illegal or unenforceable in any respect in any instance will not affect the validity, legality and enforceability of such provision in any other instance, or the validity, legality, or enforceability of any other provision of this Agreement, and such provision shall be deemed to be reinstated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law.
22. Modifications.
Equipment Plus (LLC) reserves the right to change the Terms of Use to anything at any time for any reason.
