Terms of Use and Privacy Statement
Terms of Use and Privacy Statement
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 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).
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.
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). 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.