AFFILIATE TERMS AND CONDITIONS
Advanced Shelter Systems, Inc. (ASSI) Affiliate Program Description and Agreement
Updated Feb 10, 2017
Affiliate Program Description
ASSI seeks individuals and entities interested in assisting to promote ASSI products and services. Those individuals and entities are referred to as "Affiliates." For each referral sale the affiliate produces which results in a completed transaction, the Affiliate will receive a commission determined by criteria set forth in the Affiliate Agreement.
How does the ASSI Affiliate Program work?
Individuals or entities interested in promoting and marketing ASSI products and services listed on ASSI web sites can join our Affiliate Program by reading and accepting the terms of our Affiliate Agreement and completing the Affiliate Registration Enrollment Form. ASSI will evaluate your completed registration form and notify you via email of its acceptance or rejection. ASSI, in its sole discretion, with or without reason, may accept or decline an Affiliate relationship.
ASSI does not pay its Affiliates for advertising ASSI products and services. Rather, the Affiliate may use selected ASSI advertising materials and links free of charge to promote ASSI products and services. Any online referral referred by Affiliate to ASSI, which results in a completed sale transaction, will earn the Affiliate a commission. Any views referred by the Affiliate do not earn a commission but the affiliate cookie is placed on the buyer’s browser that registers the buyer as the Affiliate’s referral for the period of one year.
The first level payout per sale is 5% of the transaction amount not including shipping costs, Insurance/Warranty packages, some sale items or taxes. Payouts are made on demand once commissions total $250 or more. Unlike other affiliate programs, the ASSI’s Affiliate Program neither requires Affiliates to maintain minimum levels of sales referrals nor limits payouts after the $250 threshold is met. Commissions may be used as store credit but may not be transferred, paid out in cash or by check. Commissions are only paid out via paypal and Affiliates must have a paypal account.
The ASSI Affiliat Program allows for Second Level Affiliates (SLA). In this case First Level Affiliates (FLAs) recruit other affiliates under them. In this case the SLA earns 5% commissions and the First Level Affiliates earn a 2% override on the SLA’s volume. FLAs may have up to 25 SLA on their team.
Our Affiliates may choose to advertise online through their website, blogs, or via non-spam email newsletters. Either method is acceptable. However, if our Affiliates choose to promote ASSI Products and services online, the Affiliates must use approved ASSI banners and links.
Why Join the ASSI Affiliate Program?
- Earn unlimited commissions on completed sales.
- Year long client registrations.
- Real-time tracking and reporting statistics, available 24/7.
- Automatic Online Payouts – No waiting for checks.
- It's FREE to join!
Affiliate Program Agreement
This Affiliate Agreement (the "Agreement") is made by and between Advanced Shelter Systems, Inc., a Delaware corporation, having its principal office at 860-G Napa Valley Corporate Way, Napa CA 94559 (hereinafter referred to as "ASSI") and the Affiliate whose name and address appears on the accompanying Affiliate Registration Enrollment Form (the "Enrollment Form") (hereinafter referred to as "Affiliate"). This Agreement is effective the day it is accepted by the Affiliate. By clicking "Accept" at the end of this Agreement, Affiliate agrees to the terms and conditions contained herein.
Each Affiliate accepted into the ASSIA ffiliate Program (hereinafter, the "Program"), is subject to the terms of this Agreement.
1. Duties and Responsibilities
Upon acceptance into the Program, ASSI grants Affiliate a non-exclusive right to become an Affiliate in its Program. An Affiliate is defined as an individual or entity interested in promoting and marketing ASSI products and services for the purpose of increasing ASSI’s market visibility and sales, in exchange for earning a commission for each referral that results in a completed transaction. A completed transaction is one in which ASSI has been provided all customer and payment information for the purpose of transferring products or services to the client and the transaction has been charged, completed, shipped and accepted. This process can take 5-60 days depending on inventory, availability and client approval.
Affiliates choosing to promote ASSI products and services may use approved ASSI banners, links and images in Affiliate's marketing materials. These images may not be altered in any way. Affiliates may not create their own ASSI marketing images or phrases. Affiliates are responsible for all materials that appear in their marketing materials or on their web sites. If Affiliate manages a sub-affiliate network, each sub-affiliate seeking to promote ASSI products and services must be approved by ASSI.
Only approved Affiliates and their sub-affiliates may have a non-exclusive limited license to use ASSI’s approved marketing materials, including ASSI’s trademarks, only to the extent they are incorporated into Affiliate's advertising or web link materials and only in accordance with the terms and conditions of this Agreement. Any HTML files or materials supplied by ASSI for Affiliate's use shall remain the property of ASSI. ASSI shall retain ownership of its' names, logos, trademarks, service marks, trade dress, copyrights, and proprietary technology, including without limitation, those currently used or which may be developed and/or used by ASSI in the future. Affiliates are not permitted to use any content or images from ASSI’s web site without prior authorization from ASSI. The ASSI Affiliate Manager may be contacted in writing via email at email@example.com.
Affiliate hereby represents and warrants to ASSI that any and all marketing materials with ASSI’s name brands or and/or logo will at all times be in compliance with all applicable laws and regulations and be suitable in all respects to the terms of this Agreement.
2. Restricted Content and Prohibited Activities
Upon determining Affiliate's web site or marketing materials are unsuitable or incompatible with the Program, ASSI reserves, in its sole discretion and at any time, the right to reject or terminate Affiliate's participation in the Program.
The following content, although not an exclusive list, is strictly prohibited from Affiliate's web site and marketing materials (collectively, "Restricted Content"):
- incorporates or is in any way unlawful, offensive, profane, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable;
- promotes illegal activities, including gambling;
- promotes or depicts sexually explicit, obscene or pornographic images;
- promotes or depicts violence or hate speech;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- incorporates any materials which infringe or assists others to infringe on any copyright, trademark or other intellectual property rights of any third party and/or ASSI; or
- contains or promotes politically sensitive issues.
- misrepresenting ASSI products services or information in any way.
- replicating, copying or duplicating any ASSI products, services or designs or attempting to in any way.
ASSI also reserves the right to terminate this Agreement at any time upon finding that Affiliate is employing any of the following prohibited activities:
- manipulating key word searches on portals;
- misrepresenting itself as the ASSI web site by altering the visual "look and feel" of the text from ASSI’s web site and/or engaging in "framing" the ASSI web site;
- engaging in domain squatting;
- spamming or engaging in unsolicited commercial email;
- engaging in unauthorized telemarketing or remarketing of ASSI offers via telephone without the prior written consent of the ASSI Affiliate Manager;
- using a proxy server or redirector server to proxy ASSI’s web pages or web sites through your web site, URL or URI;
- any activities that use fraudulent, unfair or deceptive internet advertising, such as using deceptive co-registration paths and online lead generation, among others;
- activities that otherwise violate intellectual property rights, including, without limitation, "scraping" text or images from ASSI's web site;
- activities that, at ASSI's sole discretion, are deemed offensive or inappropriate; or
- misusing ASSI's logo, copy and/or related marketing language and art.
3. Additional Duties and Responsibilities for Affiliates
ASSI grants Affiliate a non-exclusive right to establish a link to ASSI's web site to allow Affiliate the opportunity to promote, market and sell ASSI products and services over the Internet and provide visitors to Affiliate's web site the ability to directly access ASSI’s web sites. The Affiliate must link its web site to the appropriate area within ASSI’s web site using designated URLs, banners, or links set forth and made available by ASSI. The link on Affiliate's web site will be designed, operated, and maintained by Affiliate, subject to final approval by ASSI.
Affiliate agrees to use best efforts to ensure their web site is working properly. Affiliate is responsible for notifying ASSI of any malfunctioning of ASSI’s URLs or other problems between Affiliate's web site and the link to ASSI’s web site. ASSIwill use commercially reasonable efforts to respond promptly upon notification by Affiliate to ASSIof all web-based concerns.
Affiliate hereby represents and warrants to ASSIthat each Internet site identified by Affiliate as a URL that will use ASSI’s link will at all times be in compliance with all applicable laws and regulations and is suitable in all respects to receive the link from ASSI . This includes all URL links controlled and operated by Affiliate and/or sub-affiliates. ASSImay test and/or monitor the Affiliate's URL(s) and it is within ASSI’s sole discretion to remove any URL at any time if it fails to comply with ASSI’s requirements.
4. Additional rules and restrictions for Affiliates when employing the use of pay-per-click advertising
Affiliate is prohibited from bidding on ASSI’s trademarks or domain names in any pay-per-click search engines without prior approval. Affiliates may not use direct-to-merchant pay-per-click advertising. When bidding on search terms, each Affiliate must send all traffic to its web site and have the visitor/customer click through to ASSI’s web site. Affiliate is prohibited from (i) installing spyware or adware on another person's computer, (ii) causing spyware or adware to be installed on another person's computer, or (iii) using a context-based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising or other content on an Internet web site in any way that interferes with a user's ability to view the Internet web site.
5. Restrictions on Use
All ASSI customers referred by Affiliate shall be customers of ASSI for product or service purchasing and rentals and any other services that ASSI shall provide now or in the future. Affiliate agrees that any customer information which Affiliate obtains in connection with a visitor's use of ASSI’s link shall (i) only be used for purposes of the requested transaction; and (ii) not be disclosed to third parties that do not have a direct need to know, and then only disclosed to the extent required to complete a transaction or otherwise comply with this Agreement. In no event shall Affiliate or their sub-affiliates contact ASSI customers for matters related to ASSI services unless the ASSI Affiliate Manager is advised of Affiliate's intention prior to making such contact.
6. Relationship of Parties
Affiliate and ASSI are independent contractors. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate has no authority to make or accept any offers or representations on behalf of ASSI. Affiliate will make no statement, whether on Affiliate's site or otherwise, that contradicts the parties' intentions set forth in this section.
7. Payments to Affiliate
Upon the completion of a sale, as defined in Section 1 above, ASSI shall pay Affiliate 5% of the sale or 2% override on SLA sales volume. Additional bonuses for volume may or may not be paid. Payment % and structure may be adjusted at any time and notice of changes will be delivered to the email address registered on the Affiliate account.
Either party may terminate the Agreement, with or without cause at any time, for any reason or no reason at all, with or without notice. ASSI’s payment obligations for any commission amounts cease at the time of termination of this Agreement, regardless of which party initiates termination.
ASSI may modify any of the terms or conditions contained in this Agreement at any time by posting a change notice or new Affiliate Agreement on its web site. Modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATE'S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 8 HEREOF. AFFILIATE'S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AFFILIATE AGREEMENT ON ASSI’S SITE WILL CONSTITUTE AFFILIATE'S ACCEPTANCE OF THE CHANGE. ‘
10. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ASSI BE LIABLE TO AFFILIATE FOR SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT SHALL ASSI’S LIABILITY TO AFFILIATE FOR ANY REASON WHATSOEVER EXCEED THE AGGREGATE SUM OF THE TOTAL REFERRAL FEES PAID BY ASSI TO AFFILIATE UNDER THIS AGREEMENT FOR THE SIX (6) MONTHS PRECEDING THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY.
11. Sole Agreement
This Agreement shall be binding upon each of the parties, their successors and assigns. This Agreement represents the sole agreement between the parties and supersedes any prior agreement, oral or written, between the parties with respect to the subject matter hereof. Affiliate understands that ASSI may at any time solicit affiliate relationships on terms that may differ from those contained in this Agreement or operate web sites that are similar to or offer products or services which compete with Affiliate's business.
Affiliate may not assign this Agreement, by operation of law or otherwise, without prior written consent from ASSI . ASSI’s failure to strictly enforce Affiliate's performance of any provision of this Agreement will not constitute a waiver of ASSI’s right to subsequently enforce such provision or any other provision of this Agreement.
13. Choice of Law
This Agreement shall be governed by the laws of the State of California without regard to conflict of laws procedures. Any action relating to this Agreement must be brought in the federal or state courts located in Napa County, California.