Affiliate Terms & Conditions
TERMS AND CONDITIONS
1.1 Affiliate will link to TheChainGang.com using special URLs specified and provided by TheChainGang.com. Affiliate may post as many links to those URLs as it likes on Affiliate's site or in the Affiliates personal email.
1.2. Affiliate agrees not to make any representations, warranties or other statements concerning TheChainGang.com or its products, services, or site policies.
1.3. Affiliate is responsible for notifying TheChainGang.com of any malfunctioning of the URLs or other problems with Affiliate's participation in the program. TheChainGang.com will respond within reasonable time to all concerns upon notification by Affiliate.
2.1. TheChainGang.com agrees to pay Affiliate the commission specified if a sale is made to a customer during a session, when that customer has accessed TheChainGang.com website via the affiliates link.
2.2. TheChainGang.com has the sole right and responsibility for processing all orders made by Customers. Affiliate acknowledges that all agreements relating to sales to Customers shall be between TheChainGang.com and the Customer.
2.3 TheChainGang.com will not pay commissions on sales to the affiliate themselves.
2.4 TheChainGang.com will not pay commissions on sales made through PPC when any variation of our business name is used.
Ownership and Licenses
3.1. Each party owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
3.2. TheChainGang.com grants Affiliate a revocable, non-exclusive, worldwide license to use, reproduce and transmit the name, logos, & trademarks provided by TheChainGang.com and posted on TheChainGang.com's website solely for the purpose of creating links from Affiliate's site to TheChainGang.com.
3.3 Except as expressly set forth in this Agreement or permitted by applicable law, Affiliate may not copy, distribute, modify, reverse engineer, or create derivative works from the same. Affiliate may not sub license, assign or transfer any such licenses for the use of the same, and any attempt at such sub license, assignment or transfer is void.
3.4. Affiliate may use only the logos, trademarks, service marks, trade dress, banners, text links, coupon codes, etc. (â€œCreativeâ€?) that is provided by TheChainGang.com and is posted on the website for the affiliates use. Affiliate shall not use the Creative in connection with any activity that disparages TheChainGang.com, or its products or services, or that damages the reputation for quality inherent in the same. The use of Creative that is posted on other sites, found in other emails or other sources, manipulated in any way or derived from any means besides the TheChainGang.com's affiliate interface is not permitted. If Affiliate does not fully comply with this provision TheChainGang.com may withhold commissions, immediately terminate this Agreement and/or permanently remove Affiliate from the program.
3.4a Affiliate may however submit for approval any creative banner, text ad, or coupon to TheChainGang.com. If it is flattering, and goes along with our branding it will usually be approved within 24 hours.
3.5. Affiliate shall immediately cease using TheChainGang.com's name, logos, trademarks, service marks, trade dress, proprietary technology and any Creative upon the termination or expiration of this Agreement.
3.6. Affiliate grants TheChainGang.com a non-exclusive, worldwide, royalty-free license to use, reproduce and transmit any graphic or banner ad submitted by Affiliate solely for co-branding purposes or as a return link from TheChainGang.com's site to Affiliate's site.
4.1 TheChainGang.com shall own and retain all right, title and interest in all names, addresses and other identifying information of customers visiting TheChainGang.com's sites (â€?Customer Dataâ€?) which is collected by TheChainGang.com, including without limitation, customers who access TheChainGang.com's websites through Qualifying Links, and Affiliate shall have no right to use any such Customer Data.
5.1. Affiliate shall not send out any emails, directly or indirectly, that advertise or promote TheChainGang.com, it products, services, web sites or Offers without TheChainGang.com's prior express written consent.
5.2. Affiliate agrees not to send any email or other form of electronic message or advertisement containing TheChainGang.com's name, product or service, web site address, metatag or any other type of identifier to any recipient unless the recipient has directly consented to receive such communication from Affiliate or Affiliate has a pre-existing personal or business relationship with the recipient.
6.1. Either party may terminate any Affiliation at any time. Termination of an Affiliation shall not terminate this Agreement or any other association.
7.1. Each party represents to the other that it has the authority to enter into this Agreement.
7.2. Affiliate represents that: (a) the contents of its website do not (i) infringe on any third partyâ€™s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) contain defamatory or libelous material; (iv) contain any illegal lewd, pornographic or obscene material; (v) violate any laws regarding unfair competition, antidiscrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines.
8.1. Affiliate agrees to indemnify, defend and hold harmless TheChainGang.com and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneysâ€™ fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein.
Limitation of Liability
9.1. Except for Section 8.1 (â€œIndemnificationâ€?), in no event shall either party be liable to the other party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages.
10.1. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of Florida. Any disputes arising out of this Agreement shall be brought in the federal or state courts located in Pasco County, Florida.