DEFINITIONS. GPKnives, LLC (DBA gpknives.com) is an online retailer of recreational, tactical, and collectible knives, tools and gear.
As used in these terms and conditions, “we”, “us”, or “our” refers to GPKnives, LLC, and our website. “You” or “your” refers to the Affiliate. “Our website” refers to the GPKnives, LLC properties located at www.gpknives.com. “Your website” refers to any websites that you will link to our website. “Program” refers to the GPKnives, LLC Affiliate Program.
1. TERMS & CONDITIONS. Please read this entire agreement carefully. This is a legal agreement between you and GPKnives, LLC (DBA gpknives.com). By submitting this online application, you are agreeing that you have read, understand and agree to be legally responsible for these terms and conditions. If you do not accept this agreement, do not use GPKnives, LLC as a Merchant.
2. HOW TO BECOME AN AFFILIATE PARTNER WITH GPKNIVES, LLC. To begin the enrollment process, please complete and submit an online application at the ShareASale.com server. As of the writing of this agreement, we manually approve all Affiliates. We reserve the right to reject any application if we deem the linking website or application to be unsuitable. Applications will typically be processed within 48 hours of receipt.
3. AFFILIATE WEBSITE RESTRICTIONS. Your participating website(s) may not participate in the following:
(i) Promote violence.
(ii) Promote illegal activities.
(iii) Incorporate materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law.
(iv) Include “GPKnives” or close variations or misspellings within its domain name.
(v) Misrepresentation leading customers to believe you are gpknives.com.
(vi) Contain any viruses, trojans, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
(vii) 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.
We reserve the right to remove you as an affiliate from our program if we find any of the mentioned restrictions to be present on your linking website(s). Other restrictions may be added as necessary. We reserve the right to remove you from our program immediately and without notice if fraud, attempted or suspected, is committed during the term of this agreement.
4. TERM & MODIFICATION. This agreement shall take effect immediately and shall remain in force indefinitely or upon termination of the affiliate relationship. Either party may terminate the relationship at any time for any reason.
The terms and conditions of this agreement as outlined here are subject to modification at the sole discretion of GPKnives, LLC. You will be notified via e-mail of any changes to this agreement and have the right to leave the program should you find these changes undesirable.
5. PAYMENT & TAXES. The GPKnives, LLC Affiliate Program is operated through the third party website ShareASale.com. ShareASale.com is responsible for all data collection and timely payment. Please review the ShareASale.com terms regarding data collection and payment for more information.
GPKnives, LLC shall not be responsible for any taxes accrued by the Affiliate arising from payments made under this agreement. Affiliate is responsible for calculating and reporting all income earned under this program. We will report any and all income earned by our Affiliates through US Tax Form 1099, as required, as well as any other tax information required by law.
6. PROMOTIONAL MATERIALS & USE OF PROMOTIONAL MATERIALS. GPKnives, LLC will provide promotional materials to the affiliate by way of banner advertisements, button links, text links, and/or other graphics/textual material for display and use on the Affiliate website (the “Promotional Materials”). Affiliate shall display these promotional materials as they see fit on their website. Affiliate will only use the Promotional Materials provided to promote our website or products on our website in a positive fashion. Affiliate will not alter the provided Promotional Materials in any way unless written consent is given by GPKnives, LLC prior to the posting of the Promotional Materials. Promotional Materials provided by GPKnives, LLC to the Affiliate program will only be used to link to gpknives.com or products as specified by GPKnives, LLC.
7. LICENSE. GPKnives, LLC hereby grants the Affiliate nonexclusive, non-transferrable license to the promotional materials provided through the Affiliate program. The license expires upon termination of the program by either party.
8. INTELLECTUAL MATERIALS. GPKnives, LLC retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials.
Affiliate will not register any website domain name that incorporates the GPKnives, LLC name or that is confusingly similar to the GPKnives name or brand.
9. RELATIONSHIP. The Affiliate recognizes they are providing services to GPKnives, LLC as an independent contractor. The Affiliate shall have no authority to bind GPKnives, LLC into any agreement, nor may the Affiliate act as an agent of us for any reason. Affiliate will make no claim to promotional materials provided by GPKnives, LLC during the program including trademarks, copyrights and other intellectual materials.
10. INDEMNIFICATION. You agree to indemnify and hold harmless GPKnives, LLC against any claim, action, damage, demands, liabilities, losses, lawsuit action, judgments, costs and expenses (including reasonable attorneys’ fees). You shall also indemnify and hold harmless GPKnives, LLC for any damage, loss or other cost arising of the use, misuse or misrepresentation of Promotional Materials by the Affiliate.
11. CONFIDENTIALITY. Any information the Affiliate is exposed to during the term of this agreement with GPKnives, LLC that is not accessible to the general public shall be considered “Confidential Company Information”. Affiliate may not expose Confidential Company Information to any other entity unless required by law or express written consent is given by GPKnives, LLC.
12. LIMITATION OF LIABILITY. GPKnives, LLC shall not be held liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement even if we have been provided the possibility of such damages.
13. REPRESENTATIONS AND WARRANTIES. By participating as an Affiliate in this program, you represent and warrant that:
(i) This agreement has been validly executed and delivered to you and constitutes your legal, valid and binding obligation.
(ii) You have the full rights and authority to enter into and be bound by the terms and conditions within this agreement without approval or consent of a third party.
(iii) If any provision of this agreement is held to be unenforceable for any reason, the provision shall be eliminated or limited to the minimum extent required, and the remainder of the Agreement shall remain in full force and effect. If any provision of this agreement is deemed unenforceable or invalid by any court of competent jurisdiction, and the limiting of the provision would make the provision valid, the provision shall be deemed limited and interpreted as such.
