1.Appointment. The Company would like the
Affiliate’s assistance in the promoting the Company’s products via their social
media channels. The Company hereby appoints the
Affiliate as its representative on a non-employee basis to promote and endorse Company
2. Term. This Agreement shall have
an indefinite term, starting on the Agreement start date listed above, until
either party terminates the Agreement based on the Cancellation policy listed in
Section 10 of this Agreement.
3.Company Responsibilities. The Company
agrees to provide personal affiliate links, according to each landing page
requested by the Affiliate, which can be recognized by the extensions in the URLs. The links may be used at the Affiliate’s discretion.
The Company agrees to pay the Affiliate a total amount equal to 8% of any sales
made on the Company’s website (www.cal-7.com)
via the affiliate links provided. The Company also agrees to provide the Affiliate
with a personal coupon code to be used at the Affiliate’s discretion.
Responsibilities. The Affiliate agrees to display the affiliate
links prominently in all relevant sections of his or her website or social
media profiles and promote Company products on his YouTube videos and within
any other social media channels that he so chooses. The Affiliate also agrees to
use his affiliate links to direct subscribers and followers to the Company’s
website, and promote the Company’s Instagram account whenever logical. The
Affiliate agrees not to use cookie stuffing techniques that set the affiliate
tracking cookie without the Referred Customer’s knowledge (e.g. iframe).
must comply with the FTC guidelines by offering clear disclosure of his/her
connection to the Company, including if he/she was provided with certain
products or is being paid for a particular service. The Affiliate is
responsible for making sure FTC guidelines are met. Any videos or photos
must not include language that could be conceived as promoting bigotry, racism
or discrimination based on any people group, culture, or identity.
Emails and Publicity. The Affiliate agrees not to create, publish,
transmit, or distribute, under any circumstances, any bulk email messages (also
known as “spam”) without prior written consent from the Company, to be granted
or denied in the Company’s sole discretion, each instance. Additionally, the
Affiliate may only send emails containing the Company affiliate link and/or a
message regarding the Company or the Company’s Affiliate Program to people who
have previously consented to receiving such communications from the Affiliate. Failure
to abide by this or any applicable laws relating to email communications in any
manner will be deemed a material breach of this Agreement and will result in
the forfeiture by the Affiliate of any and all rights the Affiliate has to any
commissions and the termination of the Affiliate’s participation in the Affiliate
Program. Further, if the Affiliate’s account has excessive clicks in a very
short period of time as determined by the Company in its sole discretion, the
Affiliate relationship may be terminated.
Search Policy. The Affiliate is required to comply with the
following rules when bidding on keywords on any paid search engines or social
media site, including but not limited to Google, Yahoo, Bing, Twitter and
The Affiliate is prohibited from bidding on any
of the Company trademarks or any variations or misspellings thereof without the
Company’s prior written approval. Examples of prohibited keywords are “Cal 7”, “Cal
7”, “cal-7.com”, www.cal7skate.com, “cal
seven”, and “cal 7 skate”.
The Affiliate is prohibited from bidding on
keywords containing Cal 7 trademarks plus an additional search term, such as “cal
7 reviews”, “cal 7 promotions”, “cal 7 coupons”, and “cal 7 promos”. Furthermore,
the Affiliate is not permitted to broad or phrase match any of these keywords.
The Affiliate is prohibited from outranking the
Company’s internal paid search ad on any keywords.
The Affiliate is prohibited from direct-linking
to www.cal-7.com from any paid search ads.
The Affiliate is prohibited from using www.cal-7.com as a display URL.
All materials, including but not limited to ad
copy, coupons, and promotions on the Affiliate’s website must accurately
represent active and valid promotions. For example, the Affiliate may not
display an ad on the Affiliate’s website for a promotion that has expired. The
Company continues to monitor all paid search landscapes. If the Affiliate continues
to be in violation of this section, the Affiliate’s participation may be
terminated. For more information on match types, please visit Google’s overview
of match types.
Qualified Purchases. A Qualified Purchase does not include the
following: a purchase made by the Affiliate or by someone in the Affiliate’s
8. Rights to Content. The Affiliate
shall hold the sole rights to all content posted on his/her personal social
media accounts for the length of this Agreement and indefinitely afterward. The
Affiliate understands, acknowledges and accepts that the Company holds the right
to repost or share any content that explicitly markets the Company’s products.
Any reposted or shared content that belongs to the Affiliate will include
credit in the caption.
Creatives. In the case that any photos or videos in the Affiliate’s content are
taken by an external person(s), including paid photographers, freelancers, friends,
family members, acquaintances, etc., the Affiliate understands that it is his/her
sole responsibility to communicate to the Third-Party Creative the Company’s
rights to post that content indefinitely and at the Company’s discretion. The Affiliate
understands that they are not required by the Company to hire or pay money for a
third-party photographer or videographer, however they may choose to do so at
their own cost.
10.Cancellation. In the event that the Affiliate
has breached this Agreement, the Company has the right to ask the Affiliate to
immediately cease all promotional activities or to make clarifying statements.
If the Affiliate does not comply, the party shall be considered having breached
the Agreement and the Company may choose to terminate the Agreement and cease
all further payment. Either party may terminate this agreement at any time
without cause upon thirty days prior written notice to the other party.
11.Compensation. The Company agrees to
provide a flat commission rate according to the Responsibilities listed in Section
3 of this Agreement. The Affiliate understands that there is a minimum payout
amount of $20 commission. The Affiliate understands that commission payment is based
on sales that were made at least 30 days prior to the payment date and that it
may take up to 60 days to receive payment for a sale. Payments will be made on
the 10th day of every month. If the 10th day of the month
lands on a weekend or holiday, payments will be made the following business
day. Payments will be delivered PayPal.
Rights to Review and Reserve Payment. The Company reserves the
right to withhold payment of initial commission fees to Affiliates who are new
to the Affiliate Program, or who have commissions that are potentially
fraudulent as determined by the Company in its sole discretion, to determine
the legitimacy and cancellation rates of Referred Customers.
Company reserves the right to suspend the payment of commission fees at any
time and indefinitely, if it suspects fraud or other improper activity or a
potential breach of any of the terms of this Agreement by the Affiliate or a
Referred Customer. The Company reserves the right to deduct from the Affiliate’s
current and future commission fees any and all commission fees corresponding to
any fraudulent, questionable, and cancelled purchases. If no subsequent
commission fee is due and owing, the Company will send the Affiliate a bill for
the balance of such refunded purchase upon termination of the program or upon
termination of the Referred Customer.
Company reserves the right to immediately cancel or withhold for later review
any commission fee that fails to meet the criteria of a “qualified purchase”
(Section 5). Affiliate is responsible for monitoring the payment, denial, and
withholding of commission fees. The company is not obligated to actively notify
the Affiliate of the status of any commission fees. If the Affiliate has a
question about a commission fee that has been cancelled or withheld, the
Affiliate has 30 days from the day the payment would have been due to contact
the Company to request that the commission fee be paid. Any changes to
decisions about cancelled or withheld commission fees are strictly made in the
Company’s sole discretion.
attempt by an Affiliate to manipulate, falsify or inflate Referred Customers,
Qualified Purchases, or commission fees to intentionally defraud the Company or
any violation of the terms of this Agreement constitutes immediate grounds for
the Company to terminate the Affiliate’s participation in the Affiliate Program
and will result in the forfeiture of any commission fees due to the Affiliate.
13.Force Majeure. If either party is
unable to perform any of its obligations by reason of fire or other casualty, strike,
act or order of public authority, act of God, or other cause beyond the control
of such party, then such party shall be excused from such performance during
the pendency of such cause.
14.Independent Contractor. The Affiliate
agrees that he/she is considered a self-employed independent contractor of the
Company and is not entitled to any employee benefits of the Company.
15. Hold Harmless and Indemnification. In
consideration of the payment received by the Affiliate from the Company, the Affiliate
hereby releases, holds harmless, and indemnifies the Company and all employees
of the Company from any and all liabilities, claims, and/or suits for any
reason of damages, injury, or death.
16. Mediation and Arbitration. The Affiliate
agrees that any dispute or disagreement between the Company and the Affiliate
shall be mediated and arbitrated by the two parties and will not be taken to
document and all forms and copies of this document are considered a valid,
legally binding agreement between the Affiliate and the Company.
17. Governing Law. This contract is governed and informed by the laws of the
United States of America and of the State of California.