Terms of Use and Privacy Statement
B45 INC. Affiliate Program Agreement
PLEASE READ THE ENTIRE AGREEMENT. IT IS ADVISED THAT YOU PRINT THESE PAGES FOR YOUR RECORDS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND B45 INC.
BY REGISTERING FOR THE AFFILIATE PROGRAM, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS CONTRACT, AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Affiliate Agreement
This Agreement describes the terms and conditions for participation in the B45 INC. Affiliate Program. In this Agreement, the term "Affiliate" refers to you (the applicant). B45 INC. affiliate program is our own internal affiliate system.
2. Affiliate URL
Affiliates will be issued with a special and unique URL for the B45 INC. website, once they become a member of our affiliate Program. This will allow all affiliates to be paid for referrals in an accurate and justifiable way. There are no limitations of how the unique website link should be distributed, and shared with third parties. The clients must use/click on the affiliate's link in order for the affiliate to get commission.
3. Commissions
You will receive 10% of the revenue per purchase/order placed on the website with the unique URL. Commissions may increase or decrease at the discretion of B45 INC. however, both parties will be notified and will come to an agreement before any changes are made. Full payment from the customer using the unique URL is the only way the commission can be obtained and recorded. Accurately spelled URL for customers to be made aware of, are the sole responsibility of the affiliate. If a customer has returned an item, the commission for that particular transaction will be nullified and evidence of the customer's refund will also be sent to the affiliate. Earnings and payments history are not allowed to be discussed and disclosed with anyone other than the appointed members at B45 INC., and the approved affiliate member (you).
4. Tracking Commissions
All affiliates will be able to track their commissions on the website of Affiliatly (href@@http://www.affiliatly.com@@_blank@@www.affiliatly.com@@href). This is an external company which allows both B45 INC. and the affiliates to track the performance of the affiliate program - their stats, earnings and payments history - in an accurate and justifiable way. Affiliates will be supplied with their unique login code and ID so that they can track their individual stats, earnings and payments history. Each individual's statistics, earnings and payments history will not be shared with other affiliates. Only Affiliatly, B45 INC. and the individual affiliate will be able to see their information.
5. Payment
B45 INC. will pay affiliates via PayPal on the last day of every month/per reaching the minimum payout sum.
6. Order Fulfilment
B45 INC. will be responsible for processing every order placed by a customer with the use of the affiliate's URL. Affiliates are not authorized to collect payments or sell any B45 INC. products from other websites as a 'distributor'. Affiliates may only be granted permission to resale products which were gifted to them, or purchased by themselves, for personal use only, not commercial use.
7. Promotion Restrictions
You are free to promote your own websites and business ventures. You should know that certain forms of advertising are always prohibited by B45 INC. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name.
7A. Paid Search & Brand Keyword Restrictions (Nouvelle clause)
Affiliates are strictly prohibited from bidding on B45 INC.'s branded keywords in any paid search advertising platform, including but not limited to Google Ads, Microsoft Ads (Bing), and any other pay-per-click (PPC) or paid search network. This prohibition includes, without limitation:
- The keyword "B45", "B45 Baseball", or any variation or misspelling thereof;
- Any domain or URL associated with b45baseball.com;
- Any trademark, trade name, or brand identifier owned by B45 INC.
Affiliates may not run Google Ads, display ads, or any other paid promotions that direct traffic to b45baseball.com without the prior written approval of B45 INC. Any affiliate found to be in violation of this clause will have their account immediately terminated and any unpaid commissions forfeited, in accordance with Section 10 of this Agreement.
8. Grant of Licenses
B45 grants to you a non-exclusive, non-transferable, revocable right to (i) access our site 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 B45's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of b45baseball.com and the good will associated therewith will inure to the sole benefit of B45.
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. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
9. 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.
You agree to be bound by the conditions of use and the privacy policy of the b45baseball.com website, as they are integrated to this agreement by reference. You hereby confirm to have read and understood them, and we encourage you to print them along with this agreement for your records as they are part of the legal agreement between you and B45 inc.
10. Terms and Termination
The terms of this Agreement will begin when you accept and will end when terminated by either party. Either B45 INC., 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 be removed from Affiliatly (href@@https://www.affiliatly.com@@_blank@@https://www.affiliatly.com@@href). Your unique URL will also be discontinued, and we will no longer be liable to pay you commission.
11. Miscellaneous
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. This Agreement shall be governed by and interpreted in accordance with the laws in Canada without regard to the conflicts of laws and principles thereof and the courts of Quebec in the judicial district of the City of Quebec shall have exclusive jurisdiction in any matter. In case there is any conflict/s, such as you not abiding with these terms whilst the contract is still active, you will need to provide your ID, this includes your proof of address. By signing up with the B45 INC. 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.