AFFILIATE TERMS AND CONDITIONS
Program Terms and Conditions:
PureAC Affiliate Agreement: This agreement describes the terms and conditions for participation in the PUREAC Affiliate Program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, PUREAC refers to the product owner and publisher.
The PUREAC Affiliate Program is administered in part through a 3rd party affiliate company and in part through https://www.mypureac.com/.
Upon acceptance to the PureAC Affiliate Program, you will be required to work with the PureAC team to adhere to a customized, mutually agreed upon posting schedule.
Modification: We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
Enrollment: To start the enrollment process, you must submit a completed online application. All applications must be reviewed and processed before an affiliate is approved into the PUREAC Affiliate program. Applicants will be informed of their approval status as soon as possible once their information is reviewed. Processing time is on average 1-3 business days but may take longer.
Commissions: Affiliates will receive a 10% commission per sale for anyone who places order through affiliate’s URL. Commissions may change at the discretion of the product publisher. PureAC commissions may increase during limited time special promotions, but they will return thereafter to the regular rate of 10% affiliate commission per sale. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions during sales will only be attributed to sales that are made when the customer clicks through qualified Affiliate links (provided by our team). Affiliates cannot use their own code or affiliate link to make a purchase. Any offenses to said rule will result in immediate suspension and/or termination. Affiliates will receive a free PUREAC treatment for promotional purposes.
Payment: Payment will be made 90 days after each sale is made to account for possible returns within our 90-day return window. Commission will equal 10% of each sale unless agreed otherwise.
Order Fulfillment: PUREAC will be solely responsible for processing every order placed by a customer via affiliate links or affiliate codes. Affiliates are not authorized to collect payments or sell any PUREAC products from other websites as a "reseller" and no "resale" rights are granted in ANY way. Affiliates are not authorized to sell any of these products on eBay, or other auction sites. Affiliates are not authorized to give away copies of any of these products. PUREAC will also be solely responsible for all customer service inquires. All affiliates understand and acknowledge that no physical products will be shipped. Customers who purchase products and services through the PUREAC Affiliate Program will be deemed to be customers of PUREAC. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. PUREAC policies will always determine the price paid by the customer.
Qualifying Sites: PUREAC reserves the right to refuse any site entry into the PUREAC Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- List coupon codes or discounts that were NOT officially provided to them by PUREAC. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights PUREAC or any other site.
Permitted Usage: Affiliates are permitted to use marketing materials provided by PUREAC. Approved affiliates will be provided a link to access marketing materials. Affiliates grant PUREAC permission to use their name, photographic and/or video likeness, voice, information concerning the affiliate and statements made or information supplied by the affiliate, each in whole or in part, whether or not such likeness, information of statements was/were used in the current version of the program, in any and all present and future media for the purposes of advertising, publicity and trade, and in connection with these matters the affiliate hereby releases them and each of them from all liability. The affiliate undertakes not to prosecute or to institute proceedings, claims or demands against PUREAC and hereby releases PUREAC from all claims and liability relating to images, video or statements of the affiliate.
Prohibited Usage: The following cases prohibited and are grounds for immediate termination of the affiliate account.
- Affiliates MAY NOT use the PUREAC logo, logo marks or other PUREAC website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with PUREAC.
- Affiliates MAY NOT share compensation or bonus information to the general public. This is confidential information. Doing so will result in termination of your account and legal action.
- Affiliates MAY NOT bid on any PUREAC (www.PUREAC.com) branded keywords, including branded discount keywords (such as ‘PUREAC promo code’), on Google, Yahoo, Bing, or on any other PPC advertising platform.
- Affiliates MAY NOT use the term 'PUREAC' in ANY variation in their site URL.
- Affiliates MAY NOT promote coupons that were not provided to them personally by PUREAC. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
- Affiliates MAY NOT host or promote "coupon stacking" sites where customers may combine coupons to receive additional discounts.
Ownership of Intellectual Property: All intellectual property and related material, including content created ("Intellectual Property") that is developed or produced under this Agreement, is permitted by use of the merchant for paid and organic purposes for their brand assets.
Capacity/Independent Contractor: In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement.
Right of Substitution: Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
In the event that the Contractor hires a sub-contractor:
- the Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.
- for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
Autonomy: Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns
Anti-Spam Policy: PUREAC strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
- Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription.
- Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
- Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system;
- Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
PUREAC, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
- Account Termination: Upon the receipt of a credible complaint, the PUREAC Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At PUREAC discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs. If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at info@DeadScent.com.
Relationship of Parties: Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
Term and Termination: The term of this Agreement will begin when you accept and will end when terminated by either party. Either PUREAC or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the PUREAC websites, and all PUREAC trademarks and logos, other PUREAC marks and all other materials provided in connection with this program.
Limitation of Liability: PUREAC will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
Disclaimers: We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate's potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and PUREAC will not be liable for the consequences of any interruptions or errors.
Miscellaneous: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. By signing up with the PUREAC Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.