17th Street Barbecue

• Base Commission: 15% on select 17th Street Barbecue and Faye x 17th Street products


• Serviceable Area: Continental United States


• Supported Currency: USD US Dollar


• Payout Terms: Every 30 days, by the end of the following month.


• Returns: Any orders placed via Shopify and returned within 30 days will not quality toward the affiliate’s commission. In the event that the commission has already been paid within the 30-day window, a negative credit will be added to the respective affiliate’s account to be processed against their next commission payment.


• Social Media and 17th Street Barbecue Community Facebook/Social Media Group Policy: Affiliates may not post or advertise links or offers on the 17th Street Barbecue Facebook page or on any 17th Street-run social media accounts. Doing so will result in the cancelation of any resulting orders and termination of the affiliate account.


• No Coupon/Deal Sites Policy: We are not authorizing any affiliates who utilize deal/coupon sites to drive traffic.


• Search Ad Policy: Affiliates are prohibited from using the following keywords in search and re-targeting campaigns. These keywords are known as Protected SEM & Re-Targeting Bidding Keywords. Examples: 17th Street, 17th st, 17th street bbq, 17bbq.com, mike’s original, apple city red, magic dust, little kick, hog warsh, wwmmd, peace, love, and barbecue, praise the lard.


• Search Campaigns and Recommended SEM Bidding Keywords: The following are highly competitive keywords that we recommend using in search campaigns: best bbq sauce, best dry rub, artisan bbq sauce.


• Special Instructions for Search Marketing Publishers: Ads that duplicate or substantially mimic ads published by http://17bbq.com or any of our other sites will be considered in violation of this policy. We will provide a library of recommended banner ads for use. Publishers may also design their own ads as long as they do not violate our program terms.


• Your website must remain compliant with an up-to-date privacy policy, terms of use, and affiliate disclosure statement in accordance with your local, state, and federal government requirements. 
  
  

Terms and Conditions

This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the 17th Street Barbecue Affiliate Program, and the establishments from your affiliate website/social media feeds to our website http://17bbq.com. As used in this Agreement, “we,” “us,” “our,” or “Company” means 17th Street Barbecue and Faye x 17th Street and “you” or “your” means the Affiliate, and “Product” means any and all items offered for sale by us on the 17th Street Barbecue website. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND 17TH STREET BARBECUE. BY CLICKING THE “I AGREE” BUTTON ON THE AFFILIATE APPLICATION, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ THE AFFILIATE AGREEMENT AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.


Enrollment in the Affiliate Program

After receiving your application, we will review your website and properties and notify you of your acceptance or rejection into our Program.  Please allow up to 48 hours (Mon-Fri) for your application to be approved.  We reserve the right to reject any application if we determine (by our sole discretion) that your site is unsuitable as an Affiliate for any reason, including, but not limited to: your site incorporating images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable; such as sites that facilitate illegal activities or incorporate any materials that infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights (collectively “Content Restrictions”).  However, we encourage you to contact us if you feel we have made an incorrect decision.  Please include all websites and social platforms that you use in your profile as that will help us make a better decision.


Using our Links on Your Site

Link means a hyperlink to the Company website that is copied/pasted from your individual password-protected affiliate administration area on our site. If the HTML code is altered in any way after copying from that web page, we take no responsibility for you receiving credit for any sale. any change you make may cause the tracking to no longer function correctly.  As an affiliate site (“Affiliate Site”), we will make available to you banners, button links to our website, and/or text links to our website, containing Company logo and words identifying Company.


In using the links, you agree that you will take full responsibility in maintaining all such links. All Affiliate Sites shall display such graphic images prominently throughout your site/social media feeds as you see fit and with our consent. You shall not alter, modify, or expand the links in any way without our written consent. Each link connecting users of your website to our website will in no way alter the look, feel, or functionality of our website. 



We have the right in our sole discretion to monitor your website at any time and from time to time to determine if you are in compliance with the terms of this Agreement. Affiliates may not advertise or share the discount percentage they are allowed to offer with any venue, including email blasts, social media outlets, etc. The affiliate should place the appropriate copyright and trademark notices. You are allowed to use the prices of the Company products on your website, but you are responsible for keeping your information on pricing up-to-date as Company from time to time may post specials, discounts, or change product pricing in their sole discretion.


Order Processing

We will be responsible for providing all information necessary to allow you to make appropriate links from your website/social media feed to our website. However all links must be approved by Company. We will process orders placed by customers who follow the links from your website/social media feed to the Company website/social media feed.


We reserve the right to reject orders that do not comply with certain requirement that we may periodically establish. We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping and handling, cancellations, returns and related customer service. We will track the volume and amount of sales generated by your website/social media feeds and will make unaudited reports available for your review through your affiliate account on our website. The form, content, and frequency of the reports may vary from time to time at our discretion.
To permit accurate tracking, reporting, and fee accrual, you must ensure that the links between your website/social media feeds and our website are properly formatted. It is your sole responsibility to ensure that the links that you have placed on your web site are always working properly.


Commissions

Commissions (Commission Rate) on trackable online sales are paid on net sales (i.e., the net is the remaining amount after any of these deductions: sales tax, duty, shipping, handling, credit card fees and similar charges, and not including any portion of payment made through the redemption of gift certificates, coupons, or credits. The Commission Rate is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Commission Rate.


Commissions will also be reduced for amounts due to credit card fraud, bad debts, cancellations, chargebacks and credits for returned goods. A commission will be paid only if the visitor to our website is tracked by the system from the time of the link to the time of the sale. No commission will be paid if the visitor to our website cannot be tracked by our system.


By agreeing to these terms affiliates are excluded from participating in 17th Street Barbecue referral programs or any other commission program offered by 17th Street Barbecue.


Commission Payment

Affiliates will receive payments under the Program through ShareASale. Such payments shall be as separately agreed to as between 17th Street Barbecue as Merchant, and the Affiliate. Commissions will be paid 30 days after the order is fulfilled. All commissions are paid at the end of any given month. The Commission base is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Commission base.


Company is not responsible for resending lost or missing payments past 90 days from payment date.


Policies and Pricing

Customers who buy Product through the Affiliate Program will be deemed to be customers of Company. Accordingly, all Company rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for Product sold under the Affiliate Program in accordance with our own pricing policies.


Product prices and availability may vary from time to time. Because price changes may affect items that you already have listed on your web site, you will be responsible for maintaining the correct current prices on your web site at all times. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.


Non-Exclusive Limited License and Use of Company Logos and Trademarks

We grant you a non-exclusive, non-transferable, revocable right to (i) access our website through links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material (collectively "Marks"), solely for the purpose of selling Product on your website/social media feeds for Company. You may not alter, modify, or change the Company logos, trademarks or any other text content provided to you through the Company affiliate section. The use of any of the logos, trademarks or text content are only extended to members in good standing in the Company Affiliate Program.
If you see logos, trademarked items or text content that is not in the materials available to affiliates in the marketing section and you wish to use on your web site, you may not use them without prior written permission. Permission is not to be construed as Company giving you any legal ownership or rights to these logos, trademarks, or text content. Company's own use of any logos, trademarks, or text content in the display or marketing of Company products does not automatically make it acceptable for affiliates to assume usage of same materials is considered acceptable use of such materials for promotion of Company products. Affiliates should assume that ONLY materials directly made available from Company to Affiliate for the purpose of selling product for Company shall be acceptable to use.


The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement. Additionally, we reserve the right to secure the highest position in pay-per-click and pay-per-position search engines and advertising sites by submitting a bid for URLs or other search terms considered as trademarks, sales marks, service marks, registered trademarks, or registered URLs (or any variations or abbreviations of same) of Company. At no time shall you submit bids or use other methods that would cause listings for your site to rank higher than Company rankings for trademarks, sales marks, service marks, registered trademarks, or registered URLs (or any variations or abbreviations of same) of Company.


Publicity, Email, and Spam Policies

You shall not create, publish, distribute or permit any written material that makes reference to Company, without first submitting such material to us and receiving our written consent. Be careful about your advertising methods using email. Company will not tolerate any forms of Spam. We will hear both sides of a Spam complaint but we will remove one affiliate before we risk all affiliates losing email privileges.


In the event an affiliate is charged with spamming practices, Company shall not be held liable for any legal action taken against said affiliate nor be financially responsible for fines owed by said affiliate.


Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your website/social media feeds and for all materials that appear on your website/social media feeds. We shall have no responsibility for the development, operation, and maintenance of your website/social media feeds and for all materials that appear on your website/social media feeds. You hereby represent and warrant to us that materials posted on your website/social media feeds do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and that materials posted on your website/social media feeds are not libelous or otherwise illegal.


You must have express permission to use copyrighted material owned by another party or other proprietary material. We will not be responsible if you use copyrighted material from another party or other proprietary material in violation of the law.


Term of the Agreement

The term of this Agreement will begin when your affiliate application has been received by Company through the Company web site and you have accepted the Terms and Conditions in this Agreement. This Agreement will end when terminated by either party. The Agreement may be terminated by Company or the affiliate for any reason upon thirty (30) days prior email or written notice, or immediately upon notice of any breach of the provisions of this Agreement.


Upon termination, you may no longer use Company banners, images, content, trademarks, etc., on your website/social media feeds, or provide hyperlinks to the Company web site. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated because your website/social media feeds become subject to the Content Restrictions set forth in Section 1, you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are eligible to earn a commission only on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.


Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and by our sole discretion. Notice of any change by email to your address on our records, or the posting on our web site of a change notice or a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules.


All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise.


If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our website, will constitute binding acceptance of the change.


Relationship of Parties

You and Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.


Limitation of Liability

We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data arising in connection with this Agreement, the Affiliate Program, or Company performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.


Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any Product or other items sold through the Affiliate Program (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.


Representations and Warranties

You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment, or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document, or instrument applicable to you or binding upon you.


Confidentiality

We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purposes of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site/social media feeds and not generally available to other members of the Affiliate Program, website, business and financial information relating to Company, customer and vendor lists relating to Company, and pricing and sales information for Company and any members of the Affiliate Program other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.


We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or third-party use of the information.


Indemnification

You hereby agree to indemnify, defend, and hold harmless Company, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorney fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) or any claim related to your web site.


Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETITIVE WITH YOUR WEBSITE/SOCIAL MEDIA FEEDS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.


Miscellaneous

This Agreement will be governed by the laws of the United States and the State of State, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in City, State and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.


Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND 17th STREET BAR & GRILL, LTD. BY CLICKING THE "I ACCEPT" BUTTON IN THE AFFILIATE APPLICATION YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE NETWORK AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.