This Agreement contains the terms and conditions that apply to Affiliate’s participation in the Tifosi Optics Affiliate Program.
Enrollment in the Program
Affiliate shall register through tifosioptics.com. Tifosi may reject Affiliate’s application for any reason, in Tifosi's sole discretion. Unsuitable sites include, without limitation, those that contain illegal, offensive, infringing content or content that Tifosi otherwise deems offensive.
Links
For the purposes of this Agreement, “Link(s)” means the code that Tifosi makes available to Affiliate that is used for linking from your Site to web pages on tifosioptics.com, and may include banners, text, or other graphics. Tifosi will not be responsible for errors that occur in the tracking of transactions if Affiliate has made or caused any such modification.
Transaction Processing
Tifosi will process transactions placed by customers who follow Links from Affiliate’s Site to the Tifosi Site. Tifosi requires relevant tax documents before remitting payments to affiliates. Tifosi reserves the right to reject transactions that do not comply with any reasonable requirements that Tifosi may periodically establish. To permit accurate tracking, reporting, and fee accrual, Affiliate shall ensure that Links are properly formatted. Tifosi will not be responsible for improperly formatted Links.
Tifosi does not accept responsibility for customers who may delete or otherwise not accept cookies used to track return visits to the Ticketfly Site and cannot be held to honor Referral Fees for such untracked return visits. You will not be entitled to Referral Fees for product sold that are ultimately returned or refunded.
Promotion of Affiliation with Tifosi
Affiliate may not in any manner misrepresent or embellish the relationship between the parties. While Tifosi requests that Affiliate identify itself on its Site as a member of the Tifosi Affiliate Network, Affiliate shall not otherwise engage in any promotions which name Tifosi or imply any relationship or affiliation between the parties including, but not limited to, press releases, marketing materials, offline print advertising or marketing campaigns, media kits, screen shots, graphics altered for co-branding or any other format or media. Any such promotion will be considered grounds for immediate termination of this Agreement and may invoke further legal action.
Limited License for the term of this Agreement
Tifosi hereby grants to Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links and to access the Tifosi Site through the Links solely in accordance with the terms of this Agreement, and for the term of this Agreement.
Tifosi's Marketing and Publicity
Tifosi may publicly refer to you, orally or in writing, as an Affiliate and we may publish your name and/or logo on our Website, in press releases, and in promotional materials without your prior consent.
Responsibility for Affiliate’s Site
Affiliate will be solely responsible for the development, operation, and maintenance of Affiliate’s Site and for all content that appears on such Site. Such responsibility includes, without limitation: (i) the technical operation of Affiliate’s Site and all related equipment; (ii) the accuracy, timeliness and appropriateness of content posted on Affiliate’s Site; (iii) ensuring that posted materials do not violate or infringe upon the rights of any third party; (iv) ensuring that posted content is not libelous or otherwise illegal. Affiliate shall not use any Tifosi proprietary materials in a manner that is disparaging or that otherwise portrays Tifosi in a negative light.
Term and Termination
Affiliate’s acceptance of the terms and conditions of this Agreement shall be evidenced by Affiliate’s submission of a completed Program application, provided, however, that this Agreement shall not be effective unless and until Tifosi has accepted Affiliate into the Program. The term of this Agreement will begin upon Tifosi’s acceptance of Affiliate into the Program and will end when terminated by either party (the “Term”). Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice. Upon termination, Affiliate shall promptly remove all Links and Program-related content from Affiliate’s Site. Affiliate is only eligible to earn Referral Fees on Qualified Transactions occurring during the Term (including all steps required for a transaction to be a Qualified Transaction under this Agreement. In the event that an overpayment is made by Tifosi, Affiliate agrees to promptly remit such excess payment upon notification by Tifosi. Tifosi may withhold Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid.
Modification
Tifosi may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Tifosi Site. If any modification is unacceptable to Affiliate, Affiliate’s only recourse is to terminate this agreement. Affiliate’s continued participation in the Program following our posting of a change notice or new agreement on the Tifosi Site and/or sending you the change notice via e-mail will constitute binding acceptance of the change.
Relationship of Parties
The parties are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on our behalf. Affiliate will not make any statement, whether on the Affiliate Site or otherwise, that reasonably would contradict anything in this Section.
Disclaimers
Tifosi makes no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, Tifosi makes no representation that the operation of the Tifosi Site will be uninterrupted or error-free, and we will not be liable for any such interruptions or errors.
