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By filling out the signup form you acknowledge that you have read the
terms and conditions below for the "K2 Fitness Store" AFFILIATE Program,
understand, and agree with them.
1.
Joining the Program.
By filling out the signup form you will automatically become an AFFILIATE and
are bound by the terms of this agreement. Your participation in the program is
solely for this purpose: to legally advertise our website to receive a
commission on products purchased by your referral individuals.
2. Payment Schedule.
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Eligible payments - all AFFILIATE monies due
for orders generated as a result of AFFILIATE links/Web Site will be held
for 30 days after the Shipping Date of an order. Orders are typically
shipped 1-7 days after a order is placed. This allows us normal time to
compensate for returns, exchanges or canceled orders. Payments will be
calculated and checks sent out to AFFILIATE during the last week of any
given month according to the terms and conditions of this document.
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AFFILIATE Payments - payment to AFFILIATE will
not be rendered for amounts less than $100.00 USD unless AFFILIATE
terminates our agreement, in which case monies will be held for 30 days
after termination. Example: if you have a total of $500.00 in sales and have
$50.00 in your affiliate account, your account will carry over into the next
month’s cycle. When your account total reaches $100.00 or more you will be
sent a check provided all orders associated meet the conditions set forth in
(a) above.
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Credit can be issued upon request in lieu of
payment by check to AFFILIATE’S PayPal account.
3. Revocation of AFFILIATE Status.
Your AFFILIATE application and status in the program may be suspended or
terminated for any of the following reasons:
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Inappropriate advertisements (False claims,
misleading hyperlinks, etc.)
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Spamming (mass email, mass newsgroup posting,
etc...)
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Advertising on sites containing/promoting
illegal activities
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Advertising on sites related to pornographic
material or adult content, or any other site we (K2 F.S.I.) deem
“inappropriate” to have our business name associated with.
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Violation of intellectual property rights.
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K2 F.S.I. reserves the right to cancel any and
all affiliate accounts at our discretion.
4. AFFILIATE Links.
You may use graphic and text links both on your Web Site and in emails. The site
may also be advertised "offline" in classified ads, magazines, and newspapers.
You may use the graphics and text provided to you by us, or you may create your
own as long as they are approved by us first.
5. AFFILIATE Tracking.
When a web surfer clicks through your AFFILIATE link, a cookie is set in their
browser that contains your AFFILIATE username. Also, their IP address is tracked
in the database along with your AFFILIATE name. When this person decides to buy
a product, the script will look for this cookie and/or try to match their IP
address to identify the AFFILIATE who will be awarded the commission. Visitors
sent through your AFFILIATE link may make a purchase later in time and the
commission will still be awarded if the cookie is present in their browser
and/or they are using the same IP address as the one logged in the database.
6. Commission
Tier.
K2 Fitness Solution Inc.’s AFFILIATE program is a “tiered” program.
That is, we have 3 levels of “AFFILIATES;” Level 3 (Default), Level 2 (carries a
greater commission) and Level 3 (carries the highest commission). Typically,
all K2 F.S.I. products are structured at; 8%, 10%, and 12% commissions. However,
some products carry a lower commission per level. Commissions are applicable
ONLY to the product price. (Tax, shipping, and any extras are not included in
calculations for AFFILIATE’S commission. An AFFILIATE’S “Level” will be set upon
performance. I.E. all AFFILIATES will begin as a “Level 3, (default). Once an
AFFILIATE averages $150.00 per month or greater in AFFILIATE sales over a three
(3) month period, their AFFILIATE “level” will be increased to a “Level 2.” A
“Level 2” AFFILIATE averaging $250.00 per month or greater in sales, averaged
over three (3) months, will be increased to a “Level 1” AFFILIATE. Likewise, if
an AFFILIATE’S sales average drops over a three (3) month period, that
AFFILIATE’S “Level” is subject to being lowered. K2 F.S.I reserves the right to
increase any AFFILIATE’S “Level” at any time, if in our opinion it is in the
best interest of K2 F.S.I.
7. Eligible Products.
K2 F.S.I. sells products produced by, and for K2 F.S.I.
exclusively, such as kettlebells, BodyBag sandbags, Strap-N-Wraps, The SST, and
others. Products that are exclusively K2 F.S.I. are generally, subject to
AFFILIATE commission sales, However, certain K2 F.S.I. products, such as
“special sale, “special deal, “auction items,” etc. are usually NOT subject to
AFFILATE commission sales. Additionally, K2 F.S.I. also resells products
manufactured by and for other suppliers, MOST of these products ARE NOT subject
to AFFILIATE commissions. However, SOME products by/for other manufacturers ARE
generally subject to AFFILIATE commission sales, for example, bumper plates.
Products eligible to AFFILIATE commissions are subject to change at the
discretion of K2 F.S.I.
8. Terms of the
agreement.
These terms will begin upon your signup with the AFFILIATE program and will end
when your AFFILIATE account is terminated. The terms of this agreement may be
modified by us at any time. If any modification to the terms is unacceptable to
you, your only choice is to terminate your AFFILIATE account. Your continuing
participation in the program will constitute your acceptance of any change.
9. Liability.
We will not be liable for indirect or accidental damages (loss of revenue,
commissions, etc.) due to AFFILIATE tracking failures, loss of database files,
and any results of "intents of harm" to the program or our website. We do not
make any expressed or implied warranties with respect to the AFFILIATE program.
There are however, certain warranties on our products, which are also applicable
to AFFILIATE sales. We make no claim that the operation of the AFFILIATE program
and our website will be error-free and we will not be liable for any
interruptions or errors.
Affiliate further agrees and warrants that it will comply with all local, state
and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective
January 1, 2004) regarding the sending of e-mails.
AFFILIATE shall indemnify and hold “K2 Fitness Solutions Inc,” “K2 F.S.I.,” "K2
Fitness Store," (and any/all other DBAs) harmless from any and all legal
actions, damages or liabilities incurred from the day-to-day operations of
AFFILIATE. Under no circumstances will "K2 Fitness Store" be liable whether in
tort, contract or otherwise for indirect, incidental, consequential, special or
exemplary damages (including but not limited to damages for any loss of revenue,
profits, business interruption, loss of business information or data, loss of
goodwill, work stoppage, hardware or software failure, or other pecuniary loss)
arising from or relating to any provision of this Agreement or the program.
Without limiting the foregoing, "K2 Fitness Store" aggregate liability arising
with respect to this Agreement will not exceed the total fees paid or payable to
AFFILIATE under this agreement.
"K2 Fitness Store" will own all rights, title and interest in and to all
information that is created or collected in the operation of the "K2 Fitness
Store" Web site and reserves the right to amend or terminate this Agreement at
any time, with or without notice to AFFILIATE.
The laws of the State of Tennessee, State of California, and the U.S. Federal
CFR shall govern this Agreement. Should there be any legal dispute between the
parties, then both parties agree to take the matter before arbitration/mediation
in Knox County, TN should "K2 Fitness Store" request arbitration/mediation in
lieu of formal legal process. Both parties mutually agree that the sole legal
venue for all disputes shall be in the Knox County General District Court, TN.
By
filling out the signup form you acknowledge that you have read the terms and
conditions above for the "K2 Fitness Store" AFFILIATE Program, understand, and
agree with them.
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