First, let me say, my affiliates are very important to me. And I promise I will always do my best to treat you with the fairness and respect you deserve. I simply ask for the same consideration of you in return. It is my earnest prayer that this affiliate program will bless both of our God-given missions. And that it will be a win-win for all involved. With that in mind, I have written the following affiliate agreement to protect both you, the affiliate, and Master’s Hand Collection’s good name. So please bear with me as you read through this legal formality.
If you have any questions, please don’t hesitate to let me know. For the quickest results please email me at firstname.lastname@example.org
I look forward to getting to know you and your ministry better as we follow the Lord’s will for our lives, our families, and our companies.
Your Affiliate Manager/Artist at Master’s Hand Collection
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MASTER’S HAND COLLECTION.
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 EACH AND EVERY TERM AND CONDITION.
This agreement describes the terms and conditions for participation in the “Master’s Hand Collection Affiliates” program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, “Master’s Hand Collection” refers to Vineway Products LLC, DBA Master’s Hand Collection, an Arkansas Limited Liability Company, with whom you are entering this agreement. By applying to Master’s Hand Collection Affiliates you are confirming that you have read the agreement and agree to the terms and conditions.
- Affiliate Obligations
To begin the enrollment process, you will complete and submit the online application. We will evaluate your application at our earliest convenience (usually, all applications are reviewed within 1-2 business days of submission). We may reject your application for any reason at our sole discretion. We may also cancel your application if we determine that your site is unsuitable for the Affiliate Program, including but not limited to if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
2.1.6. Includes “Master’s Hand Collection and /or Vineway Products” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to me at my sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles Master’s Hand Collection’s website nor design your website in a manner which leads customers to believe you are Master’s Hand Collection or any other affiliated business.
2.2. As a member of Master’s Hand Collection Affiliates, you will have access to the Affiliate Area. Here you will be able to review our Program’s details and currently active offers and available products, download HTML code for text links, and banner creatives (that provide for links to landing pages within the Master’s Hand Collection website). In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. Master’s Hand Collection reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
2.6. We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on Master’s Hand Collection products and services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and Master’s Hand Collection must be clearly disclosed in a separate policy on the affiliate sites. FTC points out that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such a connection is “fully disclosed”. FTC deems the relationship in an endorser-sponsor light and believes that the end-user has the right to understand that one exists. We share the undergirding idea of this approach and strongly encourage our affiliates to adhere to the FTC’s rules. We also reserve the right to terminate relationships with any non-compliant affiliates.
- Master’s Hand Collection Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in Master’s Hand Collection Affiliates.
3.2. Master’s Hand Collection reserves the right to terminate this Agreement and your participation in Master’s Hand Collection Affiliates immediately and without notice to you should you commit fraud in your use of Master’s Hand Collection Affiliates or should you abuse this program in any way. If such fraud or abuse is detected, Master’s Hand Collection shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
- Term and Termination
Either party has the right to terminate the agreement immediately without prior notice. In addition, this Agreement will self-terminate immediately upon any breach of this Agreement by you. Upon termination of this Agreement, all licenses granted herein shall terminate and you will immediately cease any use of the Licensed Materials.
If the Affiliate terminates the agreement, no further commissions from Master’s Hand Collection will be paid for any past or future customer transactions.
If Master’s Hand Collection chooses to terminate the agreement, any balance greater than $25 USD will be paid to the affiliate within 60 days of termination. Balances that are smaller than $25 will be forfeited.
Master’s Hand Collection’s PRIMARY focus is as a PPS (pay-per-sale) affiliate program. We use both an “evergreen” product structure and an “open-close cart” product structure for promotions.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the Affiliate. Commissions can be viewed on the Affiliate Dashboard.
Payments for “evergreen” product commissions, meaning those that are available year-round, will be paid on the second Friday of each month for the previous month’s sales. Payments for “open-close cart” promotions, meaning those that have a beginning and end date, will be paid 30 days from the “close cart” date. All payments will be paid out via PayPal and you MUST provide a valid email where your PayPal payment can be processed within the Affiliate Dashboard to receive payment.
In the event a customer requests a refund the Affiliate will not be paid for the transaction. For a transaction for which the Affiliate has been paid a commission and a refund was awarded the customer, the refund amount will be deducted from the Affiliate’s future balance.
- Usage and Permissions
Affiliates are permitted to use the Master’s Hand Collection brand and marketing resources available in the Affiliate Area. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright, or any other rights to these materials.
8.1. The Affiliate understands that all artwork is the copyrighted material of Vineway Products LLC and Master’s Hand Collection.
8.2. The Affiliate will never imply that they are acting on behalf of Master’s Hand Collection and will never advertise Master’s Hand Collection products directly. The Affiliate will never bid for advertisements that compete with Master’s Hand Collection.
8.3. The Affiliate will never represent themselves, Master’s Hand Collection, or their relationship with Master’s Hand Collection in a false or misleading way. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.
8.4. The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Master’s Hand Collection. However, you may use mailings or emails to customers to promote Master’s Hand Collection so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Master’s Hand Collection so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from Master’s Hand Collection and its clients. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in Master’s Hand Collection Affiliates. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.5. Affiliates are not prohibited from self-referral orders.
8.6. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Master’s Hand Collection’s site (i.e., no page from our site or any Master’s Hand Collection’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Master’s Hand Collection’s site in IFrames, hidden links and automatic pop ups that open Master’s Hand Collection’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
8.7. We grant to you a non-exclusive, non-transferable, non-sublicensable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials” and also known as “Creative” or “Creatives”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Master’s Hand Collection’s Affiliates. You agree that all uses of the Licensed Materials will be on behalf of Master’s Hand Collection and the goodwill associated therewith will inure to the sole benefit of Master’s Hand Collection.
8.7. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.
EXCEPT AS EXPRESSLY STATED HEREIN, MASTER’S HAND COLLECTION MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, TO ANY PERSON OR ENTITY, REGARDING ANY ASPECT OF THIS AGREEMENT, AND MASTER’S HAND COLLECTION EXPRESSLY DISCLAIMS ALL WARRANTIES, IMPLIED IN LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WITHOUT LIMITING THE FOREGOING, MASTERS HAND COLLECTION MAKES NO REPRESENTATION THAT THE PROVISION OF ANY MATERIALS (INCLUDING WITHOUT LIMITATION THE LICENSED MATERIALS) OR SERVICES OR THE OPERATION OF ITS WEBSITE, INCLUDING WITHOUT LIMITATION THE MASTERSHANDOLLECTION.COM SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, AND IT IS AGREED THAT MASTER’S HAND COLLECTION DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION AS TO THE ACTUAL AMOUNT OF REVENUES OR ANY OTHER RESULTS THAT WILL BE GENERATED OR ACHIEVED BY OR PAID PURSUANT TO THIS AGREEMENT.
- Representations and Warranties
You represent and warrant that:
10.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
10.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
- Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL MASTER’S HAND COLLECTION BE LIABLE TO YOU IN CONNECTION WITH THIS AGREEMENT FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR DATA (EVEN IF MASTER’S HAND COLLECTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). MASTER’S HAND COLLECTION’S AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE LICENSED MATERIAL WILL NOT EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Master’s Hand Collection, their subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) your use of the Licensed Materials (other than loses that result solely from claims that the Licensed Materials infringe upon a third party intellectual property right), (iii) any claim that your website and your postings, mailings, promotions, advertisements or any other works created by you under this agreement is indecent, obscene, slanderous, libelous, defamatory, pornographic or infringes upon any trademark, trade name, service mark, copyright, license, intellectual property, or any other right of any third party, (iv) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (v) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or 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.
14.1. 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 Master’s Hand Collection. 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 site or otherwise, that reasonably would contradict anything in this Section.
14.2. You may not assign your rights or obligations under this Agreement to any party.
14.3. This Agreement will be governed by and construed in accordance with applicable U.S. federal law and the laws of the State of Arkansas, without regard to conflict of laws principles. Each Party irrevocably consents to the exclusive jurisdiction and venue of the United States federal and Arkansas state courts located in and serving the Bentonville, AR area in connection with any dispute or claim arising under this Agreement. Each Party waives any right that it may have to assert that such forum is not convenient.
14.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
14.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
14.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include but are not limited to changes in the scope of available commissions, commission schedules, payment procedures, and Affiliate Program rules. In such an 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 Master’s Hand Collection Affiliates following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.