BOOMERANG AFFILIATE PROGRAM
FOREWORD
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company's good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don't hesitate to let us know. We are strong believers in transparent and honest communication. For the quickest results please email us at info@westcoastgifts.ca.
DEFINITIONS
BOOMERANG
Boomerang and/or Boomerang’s affiliated brands include Red Eye Tek(R), GEAR Premium(R), Cheech and Chong(R) Glass and Red Eye Glass(R).
THE AFFILIATE or AFFILIATE
A third-party independent contractor defined by BOOMERANG’S AFFILIATE PROGRAM and subject to the laws, regulations, and restrictions of their respective state/province as well as the terms and conditions of this agreement and any subsequent agreements between THE AFFILIATE and BOOMERANG.
BOOMERANG AFFILIATE PROGRAM
Boomerang affiliate program as defined by the terms and conditions of this agreement and any subsequent agreements between THE AFFILIATE and BOOMERANG.
AFFILIATED ACCOUNTS
Any account, platform, form of communication, or online presence that is owned, controlled, or represented by THE AFFILIATE and includes any reference, inference, or representation of BOOMERANG as defined by the terms and conditions of this agreement and any subsequent agreements between THE AFFILIATE and BOOMERANG.
AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BOOMERANG
BY SUBMITTING THIS FORM, 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.
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Overview
This Agreement contains the complete terms and conditions that apply to you becoming an AFFILIATE in BOOMERANG’S AFFILIATE PROGRAM.
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Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit this application to info@westcoastgifts.ca or via the online registration form. We may reject your application at our sole discretion. We may cancel your application if we determine that your representation is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials.
2.1.2. Promotes violence.
2.1.3. Promotes discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation, or age.
2.1.4. Promotes illegal activities.
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
2.1.6. Includes “Boomerang" or variations or misspellings of BOOMERANG and/or its affiliated brands.
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are BOOMERANG or any other affiliated business.
2.2. BOOMERANG reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.3. The maintenance and the updating of your AFFILIATED ACCOUNTS will be your responsibility. We may monitor your AFFILIATED ACCOUNTS as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.4. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your AFFILIATED ACCOUNTS. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
2.5 You agree to be of or over the legal age of majority in your province/state of residence.
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Boomerang Rights and Obligations
3.1. We have the right to monitor your AFFILIATED ACCOUNTS at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your AFFILIATED ACCOUNTS that we feel should be made, or to make sure that your links to our website are appropriate and to notify you further of any changes that we feel should be made. If you do not make the changes to your AFFILIATED ACCOUNTS that we feel are necessary, we reserve the right to terminate your participation in the BOOMERANG AFFILIATE PROGRAM.
3.2. BOOMERANG reserves the right to terminate this Agreement and your participation in the BOOMERANG AFFILIATE PROGRAM immediately and without notice to you should you commit fraud in your use of the BOOMERANG AFFILIATE PROGRAM or should you abuse this program in any way. If such fraud or abuse is detected, BOOMERANG shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your BOOMERANG AFFILIATE PROGRAM application, and will continue unless terminated hereunder.
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Termination
4.1 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.
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Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and BOOMERANG AFFILIATE PROGRAM rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in BOOMERANG’S AFFILIATE PROGRAM following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
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Payment
BOOMERANG uses Shopify, UpPromote, and SAP to handle all of the commission tracking and written checks for payment. THE AFFILIATE will receive a commission of sales only when their affiliate code has been used. Payment is contingent on approval from BOOMERANG and may be withheld or revoked at the sole discretion of BOOMERANG. Payment is processed at the end of every month and mailed via cheque to the AFFILIATE. Excludes holidays, weekends, and may be subject to change. A $50 minimum balance is required to process a commission payment. Termination of the AFFILIATE's participation in the BOOMERANG AFFILIATE PROGRAM by either the AFFILIATE or BOOMERANG will waive the minimum payout amount and remaining commissions will be paid at the discretion of BOOMERANG during the next available payout date.
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Promotion Restrictions
7.1. You are free to promote your own web sites, but naturally any promotion that mentions BOOMERANG or any of its affiliated brands could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by BOOMERANG. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote BOOMERANG so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to news groups regarding BOOMERANG so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from BOOMERANG. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the BOOMERANG AFFILIATE PROGRAM. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
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Affiliates
8.1. An AFFILIATE that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords related to BOOMERANG at the discretion of BOOMERANG – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from BOOMERANG’S AFFILIATE PROGRAM. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behaviour.
8.2 An AFFILIATE is not prohibited from keying in a prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in BOOMERANG’s service).
8.3. THE AFFILIATE shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited BOOMERANG’s site (i.e., no page from our site or any BOOMERANG content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of BOOMERANG’s site in IFrames, hidden links and automatic pop ups that open BOOMERANG’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of AFFILIATE banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
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Disclaimer
BOOMERANG MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BOOMERANG’S SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BOOMERANG’S 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 SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
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Representations and Warranties
You represent and warrant that:
10.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
10.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
Limitations of Liability
WE WILL NOT BE LIABLE TO 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, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL BOOMERANG’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.
Indemnification
You hereby agree to indemnify and hold harmless BOOMERANG, and its subsidiaries and affiliates, and their directors, officers, employees, agents, 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 affiliate 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 site, including, without limitation, content therein not attributable to us.
Confidentiality
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 express written permission of the disclosing party.
Miscellaneous
14.1. 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 BOOMERANG. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on AFFILIATED ACCOUNTS or otherwise, that reasonably would contradict anything in this Section.
14.2. 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.
14.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia without regard to the conflicts of laws and principles thereof.
14.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
14.6. 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.
14.7. 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.
Thank you for reading our terms and conditions. We look forward to working with you!
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