Dansons

Dansons

Program Terms

Affiliate Partner Program – Terms and Conditions

 

These Affiliate Partner Program Terms and Conditions (“Agreement”) govern participation in the affiliate partner program (the “Program”) operated by Outdoor Brands, LLC (“Outdoor Brands,” “Company,” “we,” “us,” or “our”). This Agreement is published on, and applies to, participation related to the Company’s websites, including pitboss-grills.com and pitboss-grills.ca. By applying to or participating in the Program, you (“Partner,” “you,” or “your”) agree to be bound by this Agreement.

 

  1. Program Overview

 

The Program permits Partners to promote Outdoor Brands’ products and brands, including Pit Boss®, by placing approved links and promotional materials on Partner-controlled websites, social media accounts, or other approved digital properties (each, a “Site”). Partners may earn commissions for qualifying purchases generated through approved affiliate links, subject to this Agreement and any related program documentation.

 

  1. Eligibility and Enrollment

 

Partners must be at least eighteen (18) years old and legally able to enter into binding contracts. Participation is subject to Company approval in the Company’s sole discretion. The Company may approve or reject any application, or revoke approval, at any time.

 

  1. Independent Contractor Relationship

 

Partner is an independent contractor and not an employee, agent, joint venturer, or representative of the Company. Partner has no authority to bind, negotiate for, or create any obligation on behalf of the Company.

 

  1. Promotion Standards and Brand Protection

 

  1. Partner shall not conduct promotions in a manner that is deceptive, misleading, or likely to cause confusion regarding Partner’s relationship with the Company. Partner shall not represent or imply that they are an employee, agent, joint venturer, or official representative of the Company or its brands.

 

  1. The Company may determine a Partner to be unsuitable for participation if Partner’s Site or content:
  • Contains sexually explicit, violent, illegal, or discriminatory material;
  • Infringes intellectual property rights of the Company or third parties;
  • Includes Company or brand names (or confusingly similar variations) in domain names, social media handles, or paid search keywords without authorization;
  • Is designed to imitate or impersonate Company websites or branding; or
  • Contains false, deceptive, or misleading claims about Company products.

 

  1. Legal Compliance

 

  1. Partner must comply with all applicable laws and regulations, including:
  • All applicable advertising, marketing, and consumer protection laws, including the Federal Trade Commission Endorsement Guides. Partner must clearly and conspicuously disclose any material connection with the Company whenever promoting Company products, including receipt of commissions, free products, discounts, or other consideration;
  • All applicable privacy and data protection laws. Partner may collect, use, or share personal information obtained through participation in the Program only as permitted by such laws and this Agreement; and
  • All applicable laws and regulations based on the location of the audience targeted by Partner’s promotional activities.

 

  1. Disclosures must be clear, prominent, easy to understand, placed near the endorsement or affiliate link, visible on all devices, and included each time an affiliate link or endorsement is used.

 

 

  1. Content Standards

 

  1. Affiliate links may be used only in connection with content that the Partner, in good faith, believes reflects a positive overall experience with the Company’s products. Nothing in this Agreement restricts Partner from expressing truthful negative opinions outside the Program, provided such content does not use affiliate links or otherwise purport to be promotional content on behalf of the Company. Partner may publish truthful, independent opinions regarding Company products. Partner shall not publish content that is factually inaccurate, misleading, or deceptively edited in a manner that misrepresents the performance, characteristics, or qualities of Company products.

 

  1. The Company reserves the right to request reasonable edits or removal of content that is inaccurate, misleading, defamatory, or improperly uses Company intellectual property. If Partner fails to cure such issues within a reasonable time after notice, the Company may terminate participation in the Program.

 

  1. Intellectual Property

 

Subject to this Agreement, the Company grants Partner a limited, revocable, non-exclusive, non-transferable license to use Company-approved trademarks, logos, and marketing materials solely for purposes of participating in the Program. All goodwill arising from such use inures to the benefit of the Company. The Company may revoke this license at any time. 

 

  1. Prohibited Activities

 

Partner shall not:

  • Engage in spam, unsolicited commercial messaging, or unauthorized email marketing. Any email marketing conducted in connection with the Program must comply with the CAN‑SPAM Act of 2003, as amended, and all other applicable laws and regulations;
  • Use malware, spyware, tracking software, malicious code, or any similar harmful or intrusive technology;
  • Engage in any unlawful, fraudulent, deceptive, or misleading activity in connection with the Program;
  • Operate any website, social media account, or promotional channel that contains content that is illegal, misleading, abusive, hateful, sexually explicit, or otherwise inconsistent with the Company’s brand values;
  • Use affiliate links or promotional methods that are not made in good faith, including through automated tools, hidden placements, forced clicks, cookie stuffing, or similar deceptive practices;
  • Bid on or use Company names, trademarks, or confusingly similar variations thereof in paid search advertisements without the Company’s prior written authorization;
  • Improperly use, infringe, dilute, or otherwise misuse the Company’s trademarks, logos, or other intellectual property;
  • Reverse engineer, sublicense, sell, resell, or otherwise exploit any Program materials except as expressly permitted under this Agreement; or
  • Engage in any activity that interferes with, disrupts, or attempts to gain unauthorized access to the Company’s systems, networks, or websites.

 

  1. Commissions and Payments

 

Commission structures, qualifying purchases, and payment timing are determined by the Company and may be modified from time to time. Returned, cancelled, fraudulent, or non‑qualifying transactions do not earn commissions, and the Company may withhold or recover commissions attributable to such transactions or Partner’s breach of this Agreement, deceptive practices, or failure to comply with FTC disclosure requirements. Partner is solely responsible for all federal, state, and local taxes, assessments, and reporting obligations arising from commissions or other amounts paid under this Agreement.

 

  1. Term and Termination

 

This Agreement may be terminated at any time by either party, with or without notice. Upon termination, Partner shall immediately cease all promotional activities, remove affiliate links, and discontinue all use of the Company’s intellectual property. Partner shall be entitled only to valid, unpaid commissions earned prior to termination and in compliance with this Agreement. Provisions which by their nature should survive termination shall survive.

 

  1. Modifications

 

The Company may modify this Agreement or the Program at any time. Updated terms will be posted or otherwise made available, and continued participation in the Program constitutes acceptance of the modified terms.

 

  1. Indemnification

 

Partner hereby agrees to indemnify, defend and hold harmless Company and its related companies, directors, officers, employees and agents, from and against any and all liability, third-party claims, losses, damages, injuries or expenses (including reasonable attorneys' fees), arising out of a breach, or alleged breach, of any of Partner’s  representations or obligations herein.

 

  1. Limitation of Liability

 

  1. EACH PARTY’S TOTAL LIABILITY FOR DAMAGES ARISING UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNTS PAID OR PAYABLE TO PARTNER AS FEES HEREUNDER FOR THE EVENT GIVING RISE TO LIABILITY. 
  2. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 
  3. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT WILL NOT APPLY TO CLAIMS, DAMAGES AND OTHER LOSSES ARISING IN CONNECTION WITH (I) THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS; (II) GROSS NEGLIGENCE; OR (III) WILLFUL MISCONDUCT.

 

  1. Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to conflict-of-law principles.

 

  1. Entire Agreement

 

This Agreement constitutes the entire agreement between the parties regarding the Program and supersedes all prior or contemporaneous agreements or understandings.