American Tombow Inc. Affiliate Program Agreement
This is an agreement between you and American Tombow Inc. (Tombow and/or TombowUSA.com). By submitting the online application you are agreeing that you have read and understand the terms and conditions of this agreement and that you agree to be legally responsible for every term and condition. This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Tombow's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the Tombow web site. Please note that throughout this Agreement, "we," "us," and "our" refer to Tombow, and "you," "your," and "yours" refer to the affiliate.
1. Affiliate Obligations
•To begin the enrollment process, you will complete and submit the online application at the ShareASale.com server. The fact that we approved your application does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
o Promotes sexually explicit materials, violence or illegal activities
o Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
o Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
o Includes "Tombow USA" or variations or misspellings thereof in its domain name
o Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion
• As a member of Tombow's Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and banner creatives, browse and get tracking codes for our coupons and deals.
2. Termination
• Tombow reserves the right to terminate this Agreement and your participation in the Tombow Affiliate Program immediately and without notice to you should you commit fraud in your use of the Tombow Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Tombow shall not be liable to you for any commissions for such fraudulent sales.
• This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated.
• Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
3. Modification
We may modify any of the terms and conditions in this Agreement at any time at our discretion. In such event, you will be notified by email. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in TombowUSA.com's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
4. Payments
Tombow uses a third party to handle all of the tracking and payment. The third party is the ShareASale.com affiliate network. Please review the network’s payment terms and conditions.
5. Access to Affiliate Account Interface
• You will create a password so that you may enter ShareASale’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
• You will be issued a special URL once you become an approved member of the Tombow Affiliate Program which will be unique to you and you only, and will allow you to be paid for sales.
6. PPC Restrictions
Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as TombowUSA.com, Tombow, www.tombowusa, www.tombowusa.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Tombow’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
7. Anti-Spamming Policy
Tombow strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
o Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription
o Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
o Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
o Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system.
o Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
Tombow may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
o Account Termination: Upon the receipt of a credible complaint, the Tombow Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Tombow’s discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs.
o If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at customerservice@tombowusa.com
8. Permitted Usage
• The following are permitted uses of the Tombow brand and marketing resources
o Affiliates are permitted to use the graphical banners and design resources located on the Affiliate Account Manager page. If a specific size banner ad is not available, the affiliate may contact the Affiliate Program manager at affiliates@tombowusa.com and request a new banner graphic be added to the available resources.
9. Prohibited Usage
• The following cases are prohibited and are grounds for immediate termination of the affiliate account.
o Affiliates MAY NOT use the Tombow logo, logo marks or other Tombow website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Tombow.
o Affiliates MAY NOT use the term "Tombow" in ANY variation in their site URL ex. (Tombowusa.net, tombowcouponcodes.com, tombowusa.com, tombowusa.plugins.com, etc).
o Affiliates MAY NOT promote coupons that were not provided to them personally by Tombow.
10. Disclaimer
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate's potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
11. Limitation of Liability
Tombow will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
12. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
13. Miscellaneous
• You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Tombow. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
• 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.
• If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
• By signing up with the Tombow Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
