Affiliate Agreement: ThePaintStore.com
Thank you for being a part of ThePaintStore.com Affiliate Program. The following agreement contains all of the terms and conditions that apply to participation in our Affiliate Program.
Section 1 – Program Enrollment
Before applying for enrollment into our Affilate Program, you must first sign up as an affiliate of Shareasale.com, Inc., and agree to Shareasale.com's Affiliate Service Agreement.
Once you are approved as an affiliate of Shareasale.com, you may apply to participate in our Affiliate Program by providing all the information required by Shareasale.com in connection with becoming a Shareasale.com affiliate and by accepting the terms of this Agreement. Upon receipt of your application, we will review the information you provide and notify you of acceptance/rejection into our Affiliate Program. Although we reserve the right to accept or reject your application in our sole discretion, if you feel that we have made an incorrect decision please feel free to contact us.
Section 2 – PPC Guidelines
We encourage our affiliates to engage in PPC efforts to promote the campaign. However, ALL BRANDING TERMS ARE PROHIBITED.
• You cannot bid on any terms or phrases that include “the paint store”, including any variations or misspellings thereof for search or content based campaigns any network. A term like “painting supplies” is ok.
• You may not use our Trademarks in any ad titles or ad copy, display name or as the display URL.
• You may not use our Trademarks in sequence with any other keyword (for Example ThePaintStore.com Coupon Code).
Bidding on branding terms will cause you to be revoked from the program immediately.
Section 3 – Linking to Our Site
Links will be made available to you through the Shareasale.com Affiliate Website once you are approved into our Affiliate Program.
• NO DIRECT LINKING to ThePaintStore.com is allowed.
• Only linking code obtained from the Shareasale.com affiliate website may be used and cannot be manipulated in any way.
• Affiliates are prohibited from advertising our products on websites that they do not own, such as, Amazon, eBay or any comparison shopping engines.
• Your website may not copy data from ThePaintStore.com or in any way create the appearance to be ThePaintStore.com.
• You may not engage in cookie stuffing or include pop-ups, false or misleading links on Your Website.
• You may not use your affiliate links to claim commissions for your own purchases on ThePaintStore.com.
Section 4 – Coupon Guidelines
If your Website promotes coupon codes, you must adhere to the following:
• You may ONLY advertise coupon codes that are provided to you through the Shareasale.com affiliate website or that are displayed on ThePaintStore.com. Posting any information about how to work around the requirements of a coupon/promotion (i.e. first time customers only) will result in your removal from the Program. Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
• You may Not use any technology that covers up the coupon code and generates an affiliate click by revealing the code(s).
• You may Not advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other advertising campaign.
• You may Not give the appearance that any ongoing offer requires clicking from Your Website in order to redeem.
• You may Not promote any coupons or ads that offer Free Shipping. Promoting Free Shipping via our website will cause you to be revoked from the program immediately.
• You may Not, at any time, promote any misleading or false coupon codes. This will result in an immediate termination from the program.
Section 5 – Website Restrictions
Your website or any participating websites may not:
• Violate any law, rule or regulation.
• Contain any content that is threatening, harassing, obscene, harmful to minors, or contain nudity, pornography or sexually explicit materials.
• Infringe on our or any anyone else's intellectual property, publicity, privacy or other rights.
• Contain any viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
• Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
• Mislead customers as to the products or services available on Your Website or on ThePaintStore.com.
Section 6 – Domain Names
Use of our trademarks as part of the domain or sub-domain for your website is strictly prohibited.
Section 7 – Advertising & Publicity
Upon acceptance into our Affiliate Program, we grant to you a nonexclusive, nontransferable license to use certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on Your Website. The term of this license expires immediately upon expiration or termination of this Agreement. You may not subcontract, assign, resell, lease, or sublicense any part of your participation in our Affiliate Program. The use of any promotions materials we provide to you for use on your website must adhere to the following:
• You may only use the material to promote ThePaintStore.com and the products available on our website and for linking to ThePaintStore.com.
• You may only use the links that we provide to you.
• You shall not alter, add to, subtract from, or otherwise modify any of the materials provided to you without prior written consent from ThePaintStore.com.
You shall not create, publish, distribute, or print any written materials that make reference to our Program unless you adhere to the following:
• Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to the distribution of any written materials
• All E-Mails sent on your behalf must make it clear that they are being sent by you and not imply that they are being sent by ThePaintStore.com and all e-mails or written materials must first be submitted to ThePaintStore.com for approval.
All promotional materials remain the property of ThePaintStore.com. Nothing in this Agreement shall be construed to grant you any right, title or ownership in the promotional materials, or in the underlying intellectual property, other than the right to use the promotional materials in accordance with the rules outlined in this agreement.
Section 8 – Relationship
This agreement does not in any way create an employment relationship, agency relationship or partnership between you and ThePaintStore.com and further does not give you the authority to bind ThePaintStore.com to any agreement.
Section 9 – Commissions
Upon acceptance into the Program, you will be eligible to receive an affiliate commission for the successful completion of Eligible Purchases. An "Eligible Purchase" occurs when a customer (not you) clicks-through the link (supplied by ThePaintStore.com to you) to the ThePaintStore.com and successfully completes a purchase for which ThePaintStore.com receives and retains payment. The current rates of Commission shall be set forth in your Shareasale.com affiliate program located on the Shareasale.com affiliate website. For all industrial paint sprayers, we pay a flat commission of $100.
We reserve the right to modify the Commission rate from time to time, at our sole discretion. ThePaintStore.com is responsible for authorizing Commission payments and Shareasale.com will be solely responsible for fulfilling and transferring all Commission payments in accordance with the Shareasale.com Agreement. We reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and Program violations as outlined in this Agreement. We further reserve the right to edit transactions based on refunds or credits issued to the customer.
Section 10 - Disclaimer
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL ThePaintStore.com BE LIABLE TO YOU UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ThePaintStore.com’s LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT. MADISON REED DOES NOT WARRANT OR GUARANTEE ANY RESULTS OF PARTICIPATION IN THE PROGRAM. ALL PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU RECOGNIZE THAT THESE DISCLAIMERS ARE AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH ThePaintStore.com WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. ThePaintStore.com DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY (TO THE EXTENT PERMITTED BY LAW), REGARDING THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF ThePaintStore.com WHATSOEVER.
Section 11 - Indemnification
YOU SHALL INDEMNIFY AND HOLD HARMLESS ThePaintStore.com FROM ANY CLAIM, DAMAGE, LAWSUIT, ACTION, COMPLAINT, OR OTHER COSTS ARISING OUT OF ANY WRONGFUL ACT RELATED IN ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR BREACH OF THIS AGREEMENT. YOU SHALL ALSO INDEMNIFY AND HOLD HARMLESS ThePaintStore.com FROM ANY DAMAGE, LOSS OR OTHER COST ARISING OUT OF THE USE OR MISUSE BY YOU OF THE TRADEMARKS OR PROMOTIONAL MATERIALS.
Section 12 - 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, without prior written consent for such disclosure from ThePaintStore.com. You shall not use any Confidential Information except to the extent necessary to fulfill the purposes of this Agreement.
Section 13 – Termination
Either party may terminate this agreement at any time, with or without cause. Upon termination, all licenses granted to you pursuant per this Agreement shall cease and you shall use best efforts to immediately remove all codes and links, references on Your Website regarding ThePaintStore.com, and cease any and all use of promotional materials, Trademarks or any other trade or service marks, trade names or any other items received through or used in connection with such this Agreement. You will be entitled to receive Commissions only on Eligible Purchases that occurred prior to such termination. In the event ThePaintStore.com elects to terminate this agreement, you will be notified.
Section 14 – Compliance with Laws
• You agree to comply with all applicable laws, rules and regulations to include: The CAN-SPAM Act of 2003, Section 5 of the FTC Act and The FTC's disclosure rules regarding endorsements.
Section 15 – State Restrictions
Due to local state tax laws, we unfortunately are unable to accept affiliates residing in Arkansas, California, Connecticut, Georgia, Kansas, Maine, Minnesota, Missouri, New York, Pennsylvania, and Rhode Island. If at any time following your approval into our Affiliate Program you become a resident of Arkansas, California, Connecticut, Georgia, Kansas, Maine, Minnesota, Missouri, New York, Pennsylvania, and Rhode Island, you must notify us and writing and you will become ineligible to participate and your participation will automatically terminate, on the date you establish residency in that State.
Section 16 – Modification of Terms
ThePaintStore.com reserves the right to modify these terms and conditions at any time, at our sole discretion. If you disagree with any modification, your only recourse is to terminate this Agreement. You agree that, if you continue to participate in our Affiliate Program following a posted modification, your continued participation constitutes binding acceptance of the modified term.
General
Please adhere to a best practices approach when promoting this campaign. We have been very careful in all of our marketing efforts to abide by best practices and to maintain our brand integrity; we ask that you comply.
We comply and expect all of our partners to comply with the rules/terms and conditions set forth by Shareasale.
Thank you for being a part of the program. ThePaintStore.com Affiliate Team is here for you. Should you have any questions, comments, concerns or suggestions please do not hesitate to contact us.
