1. Free Sunshields Affiliate Agreement This agreement describes the terms and conditions for participation in the Free Sunshields Affiliate program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, Free Sunshields refers to the product owner.
The Free Sunshields Affiliate program is administered in part through a 3rd party Affiliate management application called Affiliatly (www.affiliatly.com).
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. All modifications will be posted here, and it is your responsibility to keep abreast of these terms. 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.
To enroll in the Affiliate program, you must submit an Affiliate application and be approved by us. Applicants will be notified of their acceptance status as soon as possible after their information is reviewed.
4. Affiliate URL
You will be issued a special URL once you become an approved member of the Affiliate Program which will be unique to you and you only, and will allow you to be paid for Affiliate referrals.
Affiliates will receive 15% of the Net Proceeds as a commission from orders placed through properly coded Affiliate links (unless noted otherwise for a particular product). “Net Proceeds” will mean the gross proceeds received by Free Sunshields from Qualifying Purchases on freesunshields.com, less costs and expenses attributable to taxes, shipping and handling, fraud, bad debts, and duties. Commissions may change at the discretion of the product owner, Free Sunshields. Commissions may increase during limited time special promotions, but they will return thereafter to the regular 15% commission rate.
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 will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the Affiliate.
Free Sunshields shall track users who access freesunshields.com from the Affiliate's website via an Affiliate link with a cookie containing the Affiliate’s identification, and that expires thirty days following said visit. A Qualifying Purchase made prior to the expiration of the cookie will be attributed to the Affiliate link provider whose Affiliate identification is recorded in the cookie associated with that website user.
You are only eligible to earn a Referral Fee on sales occurring during the term of this agreement, and commissions earned through the date of termination will remain payable only if the product orders are not cancelled.
No commission will be paid for product purchases made by you, your household, or anyone within your organization.
6. PaymentFree Sunshields pays Affiliates via a PayPal account provided to us by the Affiliate when the Affiliate joins. If the PayPal email changes, it is the responsibility of the Affiliate to update their payment information at https://www.affiliatly.com/af-1010832/affiliate.panel to ensure proper commission payments.
No payment will be made to Affiliate for sales that result in refunds or returns and, at its own discretion, Free Sunshields may elect to withhold payment for a reasonable time to ensure against cancellations or refunds.
Payments shall be made in US Dollars to the PayPal account as nominated by the Affiliate in the name of the party and address provided by Affiliate. Affiliate shall be responsible for all taxes associated with the receipt of any payments. In addition, all PayPal transaction fees related to these payments are the responsibility of the Affiliate.
7. Tax Forms and Address Changes
It is your responsibility to provide Free Sunshields with the tax and payment information required to issue a Commission Fee to you. Each Affiliate is required to submit a W8/W9 tax form before Free Sunshields will issue any Commission Fees. You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. In compliance with tax laws, Free Sunshields will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with proper address, tax forms (including W8/W9 or other tax forms) or information within two (2) days of any request issued by Free Sunshields to issue a Form 1099. Any address changes must be made in the Affiliate profile in the Affiliate Console at least 15 business days prior to the end of the calendar month in order for Commissions for that month to be sent to the revised address.
8. Minimum Payment Threshold
Affiliates must earn a minimum Affiliate account balance of $25 or more before their account is eligible for payment. Commission amounts earned for less than $25 (for example, 1 sale for $20) will remain pending until the full $25 minimum balance has been earned. All sales still pending due to the minimum payment threshold must remain active and in good standing on our website, freesunshields.com. Sales that are found not to be valid at the time of the additional sale and earnings will be marked as invalid and not payable.
9. Order Fulfillment
Free Sunshields will be solely responsible for processing every order placed by a customer via Affiliate links. Affiliates are not authorized to collect payments or sell any Free Sunshields 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 from any other physical store or website, including ebay or other auction sites. Affiliates are not authorized to give away copies of any of these products. Free Sunshields will also be solely responsible for all customer service inquires.
Customers who purchase products through the Free Sunshields Affiliate Program will be deemed to be customers of Free Sunshields. 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. Free Sunshields policies will always determine the price paid by the customer.
To protect the privacy of Free Sunshields's customers, the names of and other personally identifying information about customers will not be provided to you. All information about customers and users collected by Free Sunshields shall be owned solely and exclusively by Free Sunshields.
All rules, policies, operating procedures and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice.
10. Qualifying Sites
Free Sunshields reserves the right to refuse any site entry into the Free Sunshields 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. 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 of freesunshields.com or any other site.
11. Utilizing Links on Your Site
As an Affiliate website of Free Sunshields, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain Free Sunshields's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting products sold by Free Sunshields.
12. Prohibited UsageThe following cases prohibited and are grounds for immediate termination of the Affiliate account.
- Affiliates MAY NOT use the Free Sunshields logo, logo marks or other Free Sunshields website/branding imagery in a header graphic or in any way as to indicate they are officially Affiliated or partnered with Free Sunshields.
- Affiliates MAY NOT use the term "Free Sunshields" in ANY variation in their site URL.
- Affiliates MAY NOT promote coupons that were not provided to them personally by Free Sunshields. 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.
13. Free Sunshields Anti-Spam Policy
Free Sunshields 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.
Free Sunshields 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 Free Sunshields 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.
14. 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.
15. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Free Sunshields 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 Free Sunshields websites, and all Free Sunshields trademarks and logos, other Free Sunshields marks and all other materials provided in connection with this program.
Termination For Cause: Free Sunshields may terminate this Agreement without notice if in its sole discretion it determines that Affiliate has breached the terms and conditions of this Agreement. AFFILIATE FORFEITS ANY ACCUMULATED EARNINGS IF AGREEMENT IS TERMINATED FOR CAUSE.
16. Limitation of Liability
Free Sunshields 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.
17. Jurisdictional Issues
This Agreement shall be governed by Florida, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Florida, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
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 Free Sunshields will not be liable for the consequences of any interruptions or errors.
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 Free Sunshields 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