Welcome to H.N.S Apparel! 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. 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 they click on yours, yours is the one that counts.
Affiliate might or might not be assigned to one coupon code with details and usage clarified on Dashboard. If customer both click on the affiliate link and use coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.
Affiliate may also advertise merchant website on online channels such as Facebook, Instagram,... or offline classified channel ads, magazines, and newspapers.
3. Commissions and payment
Refer any customer to make a purchase on our website, you will get a commission amount which is calculated based on Commission structure. Commission amount is dependent on order value and not including extra fee (tax, shipping cost,...).
For an Affiliate to receive a commission, you need to specify the payment details on Settings. Payment schedule will be notified on Affiliate Guide page.
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.
4. Marketing tool
We may share promotion media such as banner, logo or specific collection promotion to you through Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels.
5. Network
If Network tab is activated, affiliate can invite others to become their downline affiliate. If any downline affiliate brings order to merchant shop, upline affiliate will also get network commission which depends on merchant settings.
To invite other affiliates into the system, share network link and any other affiliate who click on that link and sign up will become a downline affiliate.
6. 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.
Cookies day is said on the Affiliate registration form. The tracking day 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 (There’s no need for the customer to click on the affiliate link then).
7. Removal from Referral Program
If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: support@hustleneverstopsapparel.com.
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 email to support@hustleneverstopsapparel.com for support.
Ambassador Program Terms
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HUSTLE NEVER STOPS, LLC. BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This Ambassador Agreement (this “Agreement”) contains the complete terms and conditions that apply to you becoming an affiliate in Hustleneverstops.com's Ambassador Program. The purpose of this Agreement is to allow HTML linking between your website and the Hustleneverstops.com website. Please note that throughout this Agreement, "we," "us," and "our" refer to Hustleneverstops.com, and "you," "your," and "yours" refer to the affiliate.
2. Ambassador Program Requirements
2.1 You must be a Hustleneverstops.com customer in order to participate and must complete and submit the online application at Hustleneverstops.com.
2.2 Approval of your application is within our sole discretion. An approved application does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion and may cancel your application if we determine that your site is unsuitable for our program, including if it:
1 Promotes sexually explicit materials;
2 Promotes violence;
3 Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
4 Promotes illegal activities;
5 Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law;
6 Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion;
7 Contains software downloads that potentially enable diversions of commission from other affiliates in our program;
8 You may not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website nor design your website in a manner that leads customers to believe you are Hustleneverstops.com or any other affiliated business.
9 Gaming the system will lead to exclusion from the program and any rewards earned will be revoked. This pertains to, but not exclusively, mass distribution of the referral link and/or code in any form as well as referring yourself.
10. You are not permitted, under any circumstances, to represent that you are acting on behalf of Hustleneverstops.com or that you have the authority to enter into any agreement on behalf of Hustleneverstops.com
11. Purchases must either be made through your unique referral link or involve your unique referral discount code in order for you to be credited. You will not earn your reward if the referred customer fails to do so and Hustleneverstops.com is under no obligation to pay you a reward in such case.
12. You acknowledge and agree that Hustleneverstops.com’s determination will be final and binding with respect to the referring party's eligibility for any ambassador program reward.
3. Termination
13. Hustleneverstops.com reserves the right to terminate this Agreement and your participation in the Hustleneverstops.com ambassador Program immediately and without notice to you should you commit fraud in your use of the Hustleneverstops.com ambassador Program or should you abuse this program in any way. If such fraud or abuse is detected, Hustleneverstops.com shall not be liable to you for any commissions.
14. Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
4. Intellectual Property
15. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our website through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Hustleneverstops.com Ambassador Program. You agree that all uses of the Licensed Materials will be on behalf of Hustleneverstops.com and the goodwill associated therewith will inure to the sole benefit of Hustleneverstops.com
16. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective proprietary materials, and no right, title, or interest is transferred to the other.
5. Compliance
17. All ambassadors must comply with all federal, state, and local regulations within your jurisdiction. This includes applicable governing marketing emails (i.e. CAN-SPAM Act), and all other anti-spam laws. Hustleneverstops.com reserves the right to suspend or remove ambassadors from our ambassador program at any time, without warning. Upon termination, you agree to discontinue the use of all links, logos, banners, and promotional materials provided to you by Hustleneverstops.com
6. Disclaimer
18. Hustleneverstops.com MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING Hustleneverstops.com SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF Hustleneverstops.com ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
7. Limitations of Liability
19. WE WILL NOT BE LIABLE TO YOU OR ANYONE CLAIMING THROUGH YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL Hustleneverstops.com’s CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
8. Indemnification
20. You hereby agree to indemnify and hold harmless Hustleneverstops.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the ambassador trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your website, including, without limitation, content therein not attributable to us.
9. Confidentiality
21. All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.
10. Miscellaneous
22. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Hustleneverstops.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or any other of the website or otherwise, that reasonably would contradict anything in this Section.
23. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
24. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to the conflicts of laws and principles thereof.
25. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
26. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
27. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
28. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
29. Hustle Never Stops is not responsible for sharing any posts, stories or any other information related to the brand as posted by ambassador. As an ambassador, you work for Hustle Never Stops and in no way are we to meet any demands or request from ambassador.
30. Any media (videos,pictures,reels,stories,posts etc.) used in connection to Hustle Never Stops are now also property of the brand. We also have the right to use or NOT use any media sent to us from ambassadors at any given time.
31. In no way is Hustle Never Stops responsible for meeting any demands from any ambassador. As stated above, the ambassador works for Hustle Never Stops. Hustle Never Stops does NOT work for the ambassador.
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