GameGuard

Welcome to GameGuard! Thanks for joining our Affiliate program. 

These following terms and conditions apply to individuals who are accessing or using the Program both as a merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use product or service from the merchant.  

By participating in the Program, Affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as an Affiliate or participate in the Program in any manner. 

1. Approve or Reject of the Registration 

We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration. 

2. Nature of Relationship.  

You agree to act as an Affiliate for GameGuard to promote products, services, and/or events and recognize UpPromote as an administrator of the Affiliate Program. In exchange, you will receive product, discounts or other compensation as offered through Affiliate campaigns. 

3. Relationship. 

GameGuard engages the Affiliate as an Independent Contractor on a non-exclusive, non-employee basis to endorse and promote its services to a target audience through the UpPromote. The Parties shall have no authority to contractually bind the other or make decisions on the other Party’s behalf. As an Affiliate you are governed by the Terms of Service and Privacy Policies for GameGuard and UpPromote. The Affiliate is responsible for filling out a W9 and will be responsible on all tax accured through commission earned. 

4. Affiliate Links and Coupon 

Affiliate link is automatically generated, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later clicks on yours, yours is the one that counts. 

Affiliate links are disabled for affiliate purchases on GameGuard products unless otherwise stated. If an affiliate tries to use their own affiliate link when making a purchase, this will not attributed toward a sale for the affiliate and will not receive commission. Only new and returning customers are able to shop using the affiliate link, not the affiliate. Using another affiliate link is prohibited unless otherwise stated.   

Affiliate will be assigned to one coupon code with details and usage clarified on Dashboard. The coupon assigned will be for affiliate use only and is not to be shared with the customer. All coupons will be double the current commission rate (ex. if an affiliate has reached tier 2, the coupon would be 12% off all products on the GameGuard store) unless otherwise noted.  

Affiliate may also advertise merchant website on online channels such as Facebook, Instagram, TikTok, Twitter, YouTube, or offline classified channel ads, magazines, and newspapers. 

5. Commissions and payment 

Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy which gives merchant the right to review each and every referral order. Status of commission if displayed in Commission tab, any paid commission will be listed on Payment tab. Transactions that result in charge backs or refunds will not be paid out. 

The Affiliate must fill out a W9 prior to serving as an affiliate for GameGuard. Payments will begin the month after affiliate has made $100 in commissions and filled out the W9 (ex. if $100 has been reached on July 2, GameGuard will send a payment out by August 15). All payments will be made payable to the name on the W9 and will not be made to any other party.  

6. Media Gallery 

We may share promotion media such as banners, logos or specific collection promotions to you through the Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels.  

7. Rights You Grant Us.  

By posting or submitting content, including all types of media content or tasks, via UpPromote, directly to the GameGuard or to any social media platform, you grant GameGuard a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, transferable license to access, use, copy, publicly perform, digitally perform, publicly display or otherwise exhibit and distribute such content, and to transmit, sell, modify, create derivative works from and/or to incorporate such contributed content into other works in any form, medium or technology, commercial or otherwise, without further compensation to you or any third party. GameGuard may, but is not obligated, to use your content. 

8. Representations and Warranties.  

The Affiliate represents and warrants to GameGuard and UpPromote that (i) the Affiliate has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or the Affiliate’s undertaking this relationship with GameGuard or UpPromote; (ii) all content (save and except any materials supplied by GameGuard) will be the original work and creation of the Affiliate and will not infringe the rights (including without limitation, any intellectual property rights) of any third party; (iii) you will not contribute content that reveals any trade secret, unless you own or have permission to reveal it; (iv) that content will not contain libelous, defamatory, obscene, offensive, hateful, pornographic, abusive, harassing, or threatening material or references.   

9. Content Requirements and FTC Guidelines.   

The Affiliate is responsible to verify that campaign materials and content meet campaign requirements and FTC guidelines. Content should not reference any competitor product. When posting, Affiliate must clearly disclose any “material connection” with GameGuard, including the fact any consideration provided for a particular campaign. The above disclosure should be clear and prominent and made in close proximity to any statements that Affiliate makes about GameGuard’s products or services. Affiliate’s statements should always reflect factual, honest, and truthful opinions and actual experiences. You are solely responsible for any content submitted and may be held legally liable for damages caused to any third party.   

10. Cookie 

We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them. 

If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.  

The cookie tracking window is stated on the Affiliate registration form. The tracking window will start from the time a customer clicks on the affiliate’s link or use the coupon. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate. Customers can reclick the affiliate link, restarting the cookie tracking window while still attributing the sale to affiliate; however, this is not necessary so long as a purchase(s) is made in the window for cookie tracking since the initial link click. 

11. Confidentiality.   

The Affiliate agrees to hold in strictest confidence, and not to use or disclose without written authorization, any Confidential Information received from GameGuard and/or UpPromote. “Confidential Information” means any proprietary information (including third party information), technical data, trade secrets or know-how, including but not limited to: illustrations, product plans, products, services, customer or Affiliate names, and other business information disclosed by GameGuard either directly or indirectly in writing, orally or by drawings or observation of parts or equipment.  

12. Independent Contractor.  

The Affiliate acknowledges and agrees that you are acting as an independent contractor. The Ambassador shall be responsible for the manner and form by which they perform this contract, and the payment of all costs and taxes associated with it. 

13. Removal from Referral Program 

If an affiliate wishes to be removed from the affiliate program, they can do so by sending a chat message or by contacting: marketing@gameguard.net. Merchant reserves the right to remove Affiliate from any program without cause, while Affiliate will receive a final payout for outstanding commissions. 

14. Indemnification.  

The Ambassador agrees to indemnify, defend and hold harmless GameGuard and UpPromote against any and all claims and losses arising out of or relating to the services performed by the Ambassador under this Agreement or the representations and warranties made pursuant to Section 6 hereof. Ambassador’s obligations shall survive termination, for any reason, of this Agreement. You shall promptly notify GameGuard and/or UpPromote of any action against GameGuard or UpPromote. 

Go forward and refer! 

We're very glad you've made it to the end of this important document. 

We wish you all the very best. You can always re-visit these Affiliate Program terms and conditions in the future and if you have any questions you can send an email to marketing@gameguard.net for support.