AOSOM
Affiliate Marketing Program Agreement
This Affiliate Marketing Program Agreement (the "Agreement") contains the terms and conditions that apply to your participation in the AOSOM affiliate marketing program (the "Program").
Please read this Agreement carefully. 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 AOSOM., ("AOSOM" 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.
1. ENROLLMENT
In order to apply for enrollment into this Program, you must first sign up as an affiliate of Shareasale.com, Inc., an Illinois corporation ("Shareasale.com") and you must agree to Shareasale.com's Affiliate Service Agreement (the"Shareasale.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 Shareasale.com in connection with becoming a Shareasale.com affiliate and by accepting the terms of this Agreement. After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. We reserve the right to accept or reject your application in our sole discretion; however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile specific and exclusive to one of the programs. By participating in this Program, you agree not to claim commission or credit from both the Program and from our Other Referral Programs for the same user.
- You may not use your affiliate links to claim commissions for your own purchases on AOSOM.
4. TRADEMARKS
Upon acceptance into the Program, AOSOM grants you a limited, non-exclusive, revocable, royalty-free right to use the Trademarks of AOSOM during the term of this Agreement solely to in connection with your participation in the Program, provided that you shall not: (a) use the Trademarks in any manner to communicate or suggest any sponsorship or other connection between AOSOM and you other than your participation in the Program, and (b) harm or adversely affect the Trademarks or the goodwill associated with the Trademarks. All promotional messaging and materials used by you containing such Trademarks shall be subject to AOSOM’S ‘prior written approval. Except for the limited license provided in this Agreement, AOSOM reserves all rights in and to the Trademarks and the goodwill associated therewith. All uses of the Trademarks by you shall inure to the benefit of AOSOM. You shall not acquire, directly or by implication, any rights or license in the Trademarks except as expressly provided in this Agreement. Your right to use the Trademarks will terminate immediately if you violates any of the terms of this Agreement. For purposes of this Agreement, "Trademarks" means " AOSOM," AOSOM.ca," "For Your Colorful Life," AOSOM logos and such other names, logos, trade names, trademarks, service marks, trade dress, design marks, brands, copyrights in any designs and other copyrightable subject matter, and other product identifiers of AOSOM as AOSOM may from time to time notify you to be Trademarks within the meaning of this Agreement.
5. DOMAIN NAMES
Use of any of our Trademarks as part of the domain or sub-domain (for example AOSOM.website.ca or AOSOM.site.ca) for Your Website is strictly prohibited.
6. ADVERTISING & PUBLICITY
Upon acceptance into the Program, AOSOM grants to you a nonexclusive, nontransferable license (the "License") to use certain banner advertisements, button links, text links, and/or other graphic or textual material (the "Promotional Materials") for display and use on Your Website. The term of the License shall expire upon the expiration or termination of this Agreement. You may not subcontract, assign, resell, lease, or sublicense any part of your participation in the Program or run a sub-affiliate program. AOSOM may make Promotional Materials available to you to display and use on Your Website provided that the manner of display complies with the following requirements:
- You may only use the Promotional Materials to promote the AOSOM Website (and the products available thereon), and for linking to the AOSOM Website.
you have the appropriate checks and balances in place to pro-actively address these issues and adhere to our Program.
8. INTELLECTUAL PROPERTY
AOSOM retains all right, title, ownership, and interest in the Promotional Materials and Trademarks, including any and all copyright, trademark, or other intellectual property rights therein. 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 License, as set forth in Section 8: ADVERTISING & PUBLICITY.
9. RELATIONSHIP OF PARTIES
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between AOSOM and you. You shall provide services for AOSOM as an independent contractor. You shall have no authority to bind AOSOM to any agreement, nor shall you be considered to be an agent of AOSOM in any respect.
10. AFFILIATE COMMISSIONS
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 AOSOM to you) to the AOSOM Website and successfully completes a purchase for which AOSOM receives and retains payment. To be an Eligible Purchase, the sale must be completed by a customer that is physically located in the United States or Canada. The current rates of Commission shall be set forth in your Shareasale.com affiliate program located on the Shareasale.com affiliate website. AOSOM reserves the right to modify the Commission rate from time to time, in its sole discretion. AOSOM 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. AOSOM will be entitled to withhold, deduct and set off from any payments to be made to you hereunder any sums owed by you to AOSOM, whether in connection with this Agreement (including any breach hereof by you) or otherwise.
11. 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 AOSOM 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 loss.
15. MODIFICATION
We may 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 the Program following a posted modification, your continued participation constitutes binding acceptance of the modified term.
© 2015 AOSOM, INC.
