Important Affiliate Agreement with Rollga
This Affiliate Service Agreement (the "Agreement") is made by and between Rollga, llc., a Minnesota, USA corporation ("rollga.com"), and you, as an Affiliate utilizing the Shareasale.com service ("You", "Your", "Affiliate").
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for shareasale.com to make an attempt to sell the Rollga brand, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the shareasale.com Service as an Affiliate.
The following agreement is summarized as follows:
You place our merchants banners anywhere on your site as you see fit, or within non-spam emails.
We may email you concerning new merchant programs
We might change the product lines and/or colors here and then / with or without notice
Adult, Hate, or other related sites are not allowed - as an affiliate you are representing the brand
You will be paid your commissions, at such time as your account balance is $50 or more. All pay is covered and handled by Shareasale.com - not - Rollga
All statistics are collected and calculated by Shareasale.com, and will be the only valid stats used for determining commissions.
Any page that contains shareasale.com links, banners, or code must be written in English.
As an affiliate, you can only have 1 account. You can list multiple domains in one account, but only one account is allowed. Self-referrals for affiliate or merchant accounts are strictly prohibited.
International affiliates are not being accepted at this time. This is a US ONLY affiliation
You won't hold us liable for anything, a link to a non-rollga.com Web site does not mean that rollga.com endorses or accepts any responsibility for the content or the use of such Web site.
You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your access to Rollga Products on the first offense.
You may place banners or links within your newsletters, in content of your website, or within other web related content.
NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
NOT ALLOWED: Any placement of creative in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
NOT ALLOWED: Any display of a merchant window that isn't the result of a direct click by the end-user.
Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
If you run or utilize an incentive website, you MAY participate in shareasale.com's pay-per-click and pay-per-lead programs ONLY IF you receive specific written (fax or email are ok as well) permission from Rollga. You must also copy this specific permission to us, and that permission must detail exactly what kind of incentive your users have to click the links. Without this permission, your commissions may be voided. You are allowed to participate in any pay-per-sale programs without any special permission.
PRIVACY POLICY
Rollga respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact support@rollga.com.
THE SERVICE
Rollga has developed and owns patents for Rollga (the "products") which allows Affiliates to participate in promoting and selling these product lines. As an Affiliate of Shareasale.com you will be establishing arrangements with our brand. All Affiliate relationships established between You, the Affiliate, and Rollga, will be conducted and managed through the products.
LINK PLACEMENT
Rollga stands in agreement with Shareasale.com and follows the same link placement agreements that you agreed to with Shareasale.com. Clean content and placement is acceptable. No adault, harsh or graphic web placements will be acceptable.
SERVICE AND SUPPORT
Rollga will provide limited-support for the sale of the product.
CHANGES TO THE SERVICE
Rollga reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the product at any time. In the event of any material change, Rollga will attempt to notify You via e-mail, newsletter or the shareasale.com Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.
LIMITED WARRANTY
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Rollga DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, shareasale.com SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. You will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Merchant liable for any of the consequences of such interruptions. MERCHANT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ROLLGA HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF ROLLGA HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY ROLLGA AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
ROLLGA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE shareasale.com SERVICE OR ANY INFORMATION PROVIDED ON THE shareasale.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF shareasale.com OR A shareasale.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ROLLGA'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that Rollga has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and us, jointly and severally agree to indemnify, defend, and hold harmless shareasale.com and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
Rollga agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to Rollga's negligence or willful misconduct in performance of the Services or its breach of this Agreement.
NON-DISCLOSURE
Rollga acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. shareasale.com agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of shareasale.com, that becomes available to shareasale.com from third parties without knowledge by Rollga of any breach of fiduciary duty, or that shareasale.com had in its possession prior to the date of this Agreement. shareasale.com does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. shareasale.com reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as shareasale.com deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Rollga provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of Rollga, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the Merchant’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
Rollga may immediately terminate Your license to use the marks if Rollga reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by Rollga above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge Rollga’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of Rollga.
REPRESENTATIONS
Rollga makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-rollga.com Web site does not mean that rollga.com endorses or accepts any responsibility for the content or the use of such Web site.
NONASSIGNABILITY
Rollga may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
JURISDICTIONAL ISSUES
This Agreement shall be governed by Minnesota, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Minnesota, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
MISCELLANEOUS
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
MINIMUM ADVERTISED PRICE
Rollga uses MAP pricing and enforces it. Anyone who attemts to list the product for less than $30 will be released and terminated form this agreement. Rollga Foam Rollers must remain and be promoted above $30.
