Scavenger Armory Affiliate Agreement
This Affiliate Agreement (“Agreement”) is made between Scavenger Armory, LLC an Arizona limited liability company (“Scavenger Armory”, “We” or “Us”) and you (“Affiliate”) and constitutes a legally binding Non-Exclusive Agreement between both parties.
By participating in the Scavenger Armory Affiliate Program, Affiliate agrees to comply with and be bound by the Terms and Conditions of this Agreement. Please review the terms carefully and check the box on the previous page to digitally sign this Agreement. To print a copy of this Agreement, please use your browser’s print command. By checking the box stating that Affiliate has read and agreed to the Terms and Conditions of this Agreement, Affiliate agrees to be bound by this Agreement for as long as Affiliate continues to promote, market, advertise and distribute (“Promote”, “Promoting”, “Promotion”) products within the Scavenger6.com website (“Site”), or until such time that the Agreement is terminated either by Affiliate or by Scavenger Armory, LLC.
If Affiliate does not agree to these Terms and Conditions, Affiliate has no right to obtain information from the Site or otherwise use the Scavenger Armory Affiliate Program in any way.
In stating that Affiliate agrees to this Agreement, Affiliate is agreeing to comply with all of the Terms and Conditions referred to below, and all of the applicable laws, regulations, and rules.
Product: Scavenger 6 gun and related products promoted on Scavenger6.com
Payout Commission: 7% of the Net Sales Amount (excluding tax and shipping)
Minimum Payment Threshold: $100
Crediting Policy: Last cookie wins
Recurring Transactions: Payout applies to all recurrences of return customers.
Click Referral Period: Referrals are only considered for credit if they occur within 30 days of the action
Payment Method: Commissions are paid by check in USD currency, after a 30 day holding period and after the product has been shipped to the customer, which ever is later. Payments are made on the 15th of the month after these two dates.
Terms And Conditions
Promotion Of Products
If Affiliate Promotes Products within Scavenger6.com for the purpose of earning a percentage of the sale price (“Commission”), Affiliate agrees, represents and warrants that:
- Affiliate will not make any unlicensed or unauthorized use of any materials protected by any patent, copyright, trademark, trade secret, right of privacy, or other intellectual property or other proprietary right.
- Affiliate will not send, or cause to be sent, any messages or communications by electronic means, including but not limited to email and instant messages (“Email”), in connection with the direct or indirect Promotion of Products within the Site:
- to any person who has not explicitly requested to receive such messages specifically from Affiliate, including without limitation for the purposes of sending unsolicited bulk email, or for the purpose of spamming any public forum, including without limitation, any blog, message board, classified listing, auction site, newsgroup, or similar service.
- to any person who has explicitly requested to receive no further Emails from Affiliate.
- that employ any false or deceptive information or fail to include accurate information regarding Affiliate identity, or regarding the intent, subject, or origin of the message.
- Affiliate will not send any commercial marketing Email or Promotion to, or collect any personally identifiable information from, any person who is under 18 years of age
- 4. Affiliate will comply with the Scavenger 6 Advertising Standards as outlined and shall be responsible to review and comply with all updates to the Advertising Standards as posted on the Scavenger6.com website.
- Affiliate will comply to all laws and regulations regarding the promotion of firearms and or related products.
- Affiliate will provide accurate representations in Promoting Products within the Site and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Any disclosures and disclaimers will be made in a clear and conspicuous manner, and will otherwise comply with any laws, regulations, rules, policies and guidelines governing advertising, disclosure and consumer protection.
- Affiliate will not offer, suggest or imply the availability of any coupons, vouchers, tickets, rebates or similar incentives to induce or encourage the purchase of Products within the Site without express written permission from Us, which We may withhold in its sole discretion for any reason. Nor will Affiliate suggest or imply any warranty, guarantee or other policy with respect to Products within the Site other than that already provided by Scavenger Armory.
Commissions will be paid to Affiliate based on successful transactions. A successful transaction is defined as a “non-fraudulent, non-refunded payment with all currently owing installments paid in full, and has been received from a customer who has Affiliate’s ID recorded as their referrer”. Affiliate accepts and agrees that the Commission amount payable to
- Affiliate will be in accordance with the percentages outlined in the Campaign Description above.
- Scavenger Armory reserves the right to change the agreed upon Commissions without prior notice at any time, and at its sole discretion. Affiliate will be notified of any changes using the contact details provided to Us by Affiliate. Affiliate’s continued Promotion of Products within the Site will constitute Affiliate’s binding acceptance of the new Commission value.
- Commissions are paid by check and made payable to the name and sent to the address provided by Affiliate. If a valid mailing address is not provided, then any Commission payment owed to Affiliate will be irrevocably forfeited. Affiliate agrees to keep current and is responsible for updating any information related to the Affiliate through the Affiliate’s online profile located in the Affiliate Portal on the Site.
- In order to assert the validity of a transaction, Scavenger Armory reserves the right to withhold Commission payments owed to Affiliate until such time that any money-back-guarantee or refund period has elapsed. The holding period is 30 days. Scavenger Armory reserves the right to change refund or holding period timeframes.
- We also reserve the right to cancel Commissions owed to Affiliate, at our sole discretion, including but without limitation, in the event that Scavenger Armory is unable to collect funds from the customer, the order is fraudulent, the customer cancels and/or the transaction is refunded, or if We learn that the Commission was earned improperly. Affiliate accepts and agrees that any cancelled Commissions cannot be reinstated.
- Commissions that do not meet or exceed the Minimum Payment Threshold stated in the Campaign Description above will be withheld until such time that the Minimum Payment Threshold is met or exceeded.
- Commissions will not be paid if Affiliate is a US citizen and has not provided a Tax ID in Affiliates’ account settings.
Scavenger Armory’s Rights
- Scavenger Armory reserves the right to add, delete, and/or modify any of the Terms and Conditions contained in this Agreement, at any time without prior notice and at its sole discretion. Affiliate will be notified of said changes via the contact details that Affiliate has provided, and by posting a new Agreement in the Terms and Conditions section of the Campaign Description. Should Affiliate not agree to the new Terms and Conditions of the Agreement, Affiliate must cease all Promotion of and/or affiliation with Products within the Site. Your continued Promotion of Products within the Site will constitute Affiliate’s binding acceptance of the Agreement.
- Scavenger Armory reserves the right, but not the obligation, to review Affiliates’ Promotions of Products within the Site. Affiliate agrees that Scavenger Armory, in its sole discretion and at any time, may demand changes to any items related to the content of Affiliates’ Promotions.
- Affiliate agrees that, under certain circumstances and without prior notice, Scavenger Armory may suspend and/or terminate this Agreement in its sole and absolute discretion. Suspension or termination will occur if, but without limitation to, We have reason to believe that Affiliate may have breached one or more Terms and Conditions of this Agreement, or have been involved in any illegal activity.
- Affiliate acknowledges and agrees that all suspensions and terminations shall be made in our sole discretion and that Scavenger Armory shall not be liable to Affiliate or to any other party for said suspension and/or termination.
- In the event of suspension, Scavenger Armory reserves the right to conduct a review of Affiliates’ account and any Promotional content available to Us, at our sole and absolute discretion.
- If a review concludes that there is a reasonable basis to believe misconduct has occurred, Affiliate agrees that Scavenger Armory may seize and/or retain funds in Affiliates’ Commissions account as liquidated damages and/or for the benefit of third parties affected by the misconduct. Affiliate acknowledges and agrees that such liquidated damages are not a penalty and are reasonable and not disproportionate to such presumed damages to Scavenger Armory
- Upon termination of any part of this Agreement for any reason, Scavenger Armory may delete or assume ownership of any content or other resources relating to Affiliates’ Promotion of Products within the Site that is on Our servers or otherwise in Our possession or control. These include without limitation URLs, domain names, and email lists. Scavenger Armory will have no liability to Affiliate or any third party for doing so.
- Affiliate acknowledges and agrees that Scavenger Armory may also temporarily hold any portion of the funds in Affiliates’ Commissions account if We, in our sole discretion, determine that such action is needed to secure payment for and/or assurances regarding any liabilities, obligations, or indebtedness Affiliate may incur with Scavenger Armory or any other person.
Confidentiality And Non-Disclosure
- “Confidential Information” shall include:
- Any and all “Intellectual Property” including without limitation: this Agreement; all information provided to Affiliate by Scavenger Armory; trade secrets, inventions, procedures, devices, equipment, data processing programs, software, and other means used by Us in the conduct of our business; product formulations, strategies and plans for business, product or other development, and new marketing ideas; information with respect to costs, commissions, fees, profits, sales, markets, sales methods and financial information.
- Personal information including without limitation: mailing lists, the identity of Scavenger Armory customers, potential customers, affiliates, distributors, and suppliers and their names and addresses; the amounts paid by customers to Us, specific customer needs and requirements, and leads and referrals to prospective customers; the structure, sequence, and organization of our database, together with our source code; and the identity of Scavenger Armory employees, their respective salaries, qualifications and abilities.
- Affiliate acknowledges and agrees that Affiliate is receiving such Confidential Information in confidence and will not publish, copy, or disclose any Confidential Information without prior written consent from Scavenger Armory
- Affiliate acknowledges, accepts and warrants that Affiliate shall not attempt to reverse engineer, decompile or otherwise to ascertain the source materials of Scavenger Armorys’ software or any other software supplied provided to Affiliate by Us.
- Affiliate acknowledges and agrees that Affiliate will only use the Confidential Information to the extent necessary to Promote Products within the Site, and that Affiliate will use Affiliates’ best efforts to prevent unauthorized disclosure of the Confidential Information to any third party.
Representations And Warranties
- Affiliate represents, acknowledges and warrants that:
- Affiliate and/or Affiliates’ Promotions will not, directly or indirectly: invade the right of privacy or publicity of any person; nor contain any libellous, obscene, indecent or otherwise unlawful material; nor infringe any Intellectual Property rights or otherwise contravene any rights of any person; or violate any law.
- Affiliate will not: frame, copy or mirror any materials, content, or tools provided to Affiliate for the Promotion of Products within the Site.
- Affiliate agrees to indemnify and hold Scavenger Armory and its employees, representatives, agents, affiliates, directors, and subsidiaries (“Party”, “Parties”) harmless from any and all damage, loss, or expense (including without limitation, litigation costs and attorneys’ fees) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that Affiliate has breached any of provision in this Agreement through any act or omission.
- If Affiliate has to indemnify Us under this section, We will have the right to control the defence, settlement, and resolution of any Claim at Affiliates’ sole expense. Affiliate may not settle or otherwise resolve any Claim without Scavenger Armorys’ express written permission.
Limitation Of Liability
- WE PROVIDE OUR SERVICES, AND ALL PROMOTIONAL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES, CONTENT, OR USE THEREOF WILL BE UNINTERRUPTED, FREE OF INACCURACIES OR ERRORS, OR WILL MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
- IN NO EVENT SHALL ANY PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH: THIS AGREEMENT AND/OR ANY USE OF OR INABILITY TO USE OUR SERVICES; ANY PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE OUR SERVICES; UNAUTHORIZED ACCESS TO OR USE OF ANY PERSONAL INFORMATION STORED THEREIN; INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; ANY BUGS, VIRUSES, OR TROJAN HORSES WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES, WHETHER OR NOT WE ARE ADVISED OF THE SUCH POSSIBILITY.
- IN NO EVENT WILL OUR MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY FOR ALL COSTS, LOSSES OR DAMAGES ARISING FROM CLAIMS RELATED IN ANY WAY TO THIS AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS DUE AND PAYABLE TO YOU BY US UNDER THIS AGREEMENT FOR THE MONTH IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH DAMAGES ACCRUE. THE LIMITATION OF LIABILITY REFLECTS A FAIR ALLOCATION OF RISK. OUR SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.