This Affiliate Marketing Program Agreement (the "Agreement") contains the terms and conditions that apply to your participation in the Kizer Affiliate Marketing Program (the "Program").
Please read this Agreement carefully. By clicking "I accept" or by participating in the Program, you represent that you ("Affiliate" or "you" or "your") have read, fully understand and agree to the terms of this Agreement with Kizer Cutlery, Inc., doing business as kizerknives.com ("Kizer" or "we" or "us" or "our"). In addition, if this Agreement is being executed on behalf of a legal entity, you represent and warrant that you are authorized to legally bind that entity to this Agreement. If you do not agree to these terms, do not participate in the Program.
- ENROLLMENT AND APPROVAL
- In order to apply for enrollment into this Program, you must first sign up as an affiliate of Awin.com, Inc., an Illinois corporation ("Awin.com") and you must agree to Awin.com's Affiliate Service Agreement (the "Awin.com Agreement"), the terms of which are hereby incorporated by reference.
- You may apply to participate in the Program by providing all the information required by Awin.com in connection with becoming a Awin.com affiliate and by accepting the terms of this Agreement. We reserve the right to accept or reject any application for any reason, at its sole discretion.
- You agree to provide accurate and up-to-date information during the application process and promptly update any changes to your contact or payment information.
- AFFILIATE OBLIGATIONS
Upon acceptance into the Program, links will be made available to you through the Awin.com affiliate website. Your acceptance of our Program means you agree to abide by the following:
- You shall use your best efforts to promote our products and services and drive traffic to the Merchant's website through the unique affiliate tracking links provided by Awin.
- You shall comply with all applicable laws and regulations, including but not limited to those related to advertising, marketing, and privacy, in their promotion of the Merchant's products and services.
- You shall not engage in any deceptive, misleading, or unethical marketing practices, and shall not make any false or misleading claims about the Merchant's products or services.
- COMMISSION AND PAYMENT
Upon acceptance into the Program, you will be eligible to receive an affiliate commission (the "Commission") for the successful completion of Eligible Purchases:
- An "Eligible Purchase" occurs when a customer (not you) clicks through the link (supplied by us to you) to our Site and successfully completes a purchase for which we receive and retain payment. The current rates of Commission shall be set forth in your Awin.com affiliate program located on the Awin.com affiliate website. We reserve the right to modify the Commission rate from time to time, at its sole discretion. Kizer is responsible for authorizing Commission payments and Awin.com will be solely responsible for fulfilling and transferring all Commission payments in accordance with the Awin.com Agreement. Kizer will be entitled to withhold, deduct and set off from any payments to be made to you hereunder any sums owed by you to Kizer, whether in connection with this Agreement (including any breach hereof by you) or otherwise.
- The Affiliate shall be solely responsible for any taxes or other charges arising from the receipt of commissions, and the Merchant shall not withhold any taxes on behalf of the Affiliate.
- INTELLECTUAL PROPERTY
Upon acceptance into the Program, Kizer grants you a non-exclusive, revocable, and limited license to use Kizer's trademarks, logos, and other promotional materials solely for the purpose of promoting our products and services in accordance with this Agreement, provided that you shall not modify, alter, or use the Merchant's intellectual property in any way that may tarnish or diminish its value. Your right to use the Trademarks, Logos, and other Promotional Materials will terminate immediately if you violate any of the terms of this Agreement.
- TERMINATION
- Either party retains the right to terminate said status at any time, with or without reason, by providing written notice to the opposing party. Should you wish to initiate termination of the agreement, you are required to submit an application. This application can be submitted through the platform or via email. Upon receipt of your application, we will conduct a review, and subsequent to our assessment, we will grant approval for the agreement's termination.
- Upon termination, all licenses granted to you pursuant to the Program shall cease and you shall use best efforts to immediately remove all codes and links, references on Your Website regarding Kizer, and cease any and all use of Trademarks, Logos, Promotional Materials or any other items received through or used in connection with such Program.
- SOCIAL MEDIA
Promotion on Facebook, Twitter, Youtube, and other social media platforms is permitted following these general guidelines:
You’re WELCOME to use your affiliate links on your own Facebook, Twitter, Youtube, etc. pages.
You are PROHIBITED from posting your affiliate links on Kizer’s Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
- FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all pages/posts where affiliate links for our Affiliate Program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.
- CONFIDENTIALITY
Any information that you are exposed to by virtue of your participation in the Program, which information is not available to the general public, shall be considered to be "Confidential Information." You may not disclose any Confidential Information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from Kizer. You shall not use any Confidential Information except to the extent necessary to fulfill the purposes of this Agreement.
- MISCELLANEOUS
- You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of Kizer, and any attempted assignment without such consent shall be void.
- You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
- This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
- If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
