Guitar paint and varnish | Nitorlack Affiliate Program
Agreement
By signing up to be an affiliate in the Nitorlack Guitar Paint & Varnish | Nitorlack Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Guitar Paint & Varnish | Nitorlack reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, will be subject to the Terms of Service. Your continued use of the Programme after such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in termination of your account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Programme at your own risk.
Account conditions
You must be 18 years of age or older to be part of this Programme.
You must be a human being. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your full legal name, a valid email address and any other information requested to complete the registration process.
Your username can only be used by one person; a single username shared by multiple people is not permitted.
You are responsible for maintaining the security of your account and password. Guitar Paint & Varnish | Nitorlack cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account.
A person or legal entity may not maintain more than one account.
You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not use the Affiliate Program to earn money on your own Nitorlack Guitar Paint & Varnish product accounts.
Links/graphics on your website, in your emails or other communications
Once you have enrolled in the Affiliate Program, you will be assigned a unique Affiliate Code.
To enable accurate tracking, reporting and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Nitorlack Guitar Paint & Varnish | Nitorlack website. You must ensure that each link between your site and Guitar Paint & Varnish | Nitorlack uses such special link formats appropriately. Links to Guitar Paint & Varnish | Nitorlack placed on your site pursuant to this Agreement that properly use such special link formats are referred to as “Special Links”. You will earn referral fees only with respect to sales of a Guitar Paint & Varnish | Nitorlack product that occur directly through the Special Links; we will not be liable to you with respect to any failure by you or anyone you refer to use the Special Links or the improper entry of your Affiliate Code, including to the extent that such failure may result in any reduction of amounts otherwise payable to you under this Agreement.
Affiliate links must point to the product page of the product being promoted.
Referral and payment fees/commissions
En primer lugar, pese a incluirse en el sumatorio total del saldo acumulado, no serán computables la comisión procedente de la compra de un distribuidor oficial de Nitorlack.
For the sale of a product to be eligible to earn a referral commission, the customer must click through a special link from your site, email or other communications to http://nitorlack.com and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they have purchased or if someone says they have entered a referral code if it has not been tracked by our system. We can only pay commissions on business generated through special properly formatted links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal or overly aggressive and questionable sales or marketing methods.
Become a Nitorlack Guitar Paint & Varnish Affiliate
You may not issue any press release regarding this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any way misrepresent or embellish the relationship between us and you, say that you develop our products, say that you are part of Guitar Paint & Varnish | Nitorlack or express or imply any relationship or affiliation between us and you or any other person or entity, except as expressly permitted by this Agreement (including expressing or implying that we support, sponsor, endorse or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (at our sole discretion) in the withholding of referral fees and/or termination of this Agreement.
Payment schedule
As long as your current earnings as an affiliate are more than €10, you will be paid every month. If you have not earned €10 since your last payment, we will pay you the following month after you have exceeded the threshold.
Definition of customer
Customers who purchase products through this Programme shall be deemed to be our customers. Accordingly, all of our rules, policies and operating procedures relating to customer orders, customer service and product sales will apply to such customers. We may change our operating policies and procedures at any time. For example, we will determine the prices to be charged for products sold under this Programme in accordance with our own pricing policies. Prices and product availability may change from time to time. Because price changes may affect the Products you have listed on your website, you must not display product prices on your website. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Your responsibilities
You are solely responsible for the development, operation and maintenance of your website and for all materials appearing on your website. For example, you will be solely responsible for
– The technical operation of your site and all related equipment
– ensuring that the display of Special Links on your site does not breach any agreement between you and any third party (including, without limitation, any restrictions or requirements imposed on you by any third party hosting your site)
– The accuracy, truthfulness and appropriateness of the materials posted on your site (including, without limitation, all materials related to the Product and any information you include within or associate with the Special Links)
– Ensuring that materials posted on your site do not violate or infringe the rights of third parties (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights)
– Ensure that materials posted on your site are not defamatory or otherwise unlawful.
– Ensure that your site accurately and adequately discloses, whether through a privacy policy or otherwise, how it collects, uses, stores and discloses data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognise cookies on visitors’ browsers.
Law enforcement
As a condition of your participation in the Program, you agree that, while a participant in the Program, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority having jurisdiction over you, whether such laws, etc., are now in effect or subsequently become effective during the time you are a participant in the Program. Without limiting the foregoing obligation, you agree that, as a condition of your participation in the Program, you will comply with all applicable laws (federal, state or otherwise) governing e-mail marketing, including, without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Duration of the Agreement and of the Programme
The term of this Agreement will begin when we accept your application to participate in the Programme and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving written notice to the other party. Upon any termination of this Agreement for any reason, you will immediately cease using and remove from your website all links to http://nitorlack.com, as well as all of our trademarks, trade dress and logos, and all other materials provided by us or on our behalf under this Agreement or in connection with the Program. Nitorlack Guitar Paint & Varnish reserves the right to terminate the Programme at any time. Upon termination of the Program, Guitar Paint & Varnish | Nitorlack will pay any outstanding earnings accrued in excess of $20.
Completion
Guitar Paint & Varnish | Nitorlack, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Guitar Paint & Varnish | Nitorlack service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to it, and the forfeiture and waiver of all potential or unpaid commissions on your Account if they were earned through fraudulent, illegal, or overly aggressive and questionable sales or marketing methods. Nitorlack Guitar Paint & Varnish reserves the right to refuse service to anyone for any reason at any time.
Relationship of the parties
You and we are independent contractors, and nothing in this Agreement shall create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably contradicts anything in this Section.
Limitations of liability
We will not be liable for indirect, special or consequential damages (or any loss of revenue, profits or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. In addition, our aggregate liability arising in connection with this Agreement and the Programme will not exceed the total referral fees paid or payable to you under this Agreement.
Disclaimer
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing or trade usage). In addition, we do not warrant that the operation of Guitar Paint & Varnish | Nitorlack will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent research
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CLIENT REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE SUITABILITY OF PARTICIPATING IN THE PROGRAM AND DO NOT RELY ON ANY REPRESENTATIONS, WARRANTIES OR STATEMENTS OTHER THAN THOSE SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach of this Agreement), any transaction or activity under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the then-current rules of the American Arbitration Association. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
Various
This Agreement shall be governed by the laws of Spain, without reference to its choice of law rules. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to this restriction, this Agreement shall be binding upon, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to require strict performance of any provision of this Agreement shall not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Guitar Paint & Varnish | Nitorlack to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Guitar Paint & Varnish | Nitorlack and govern your use of the Service, superseding any prior agreements between you and Guitar Paint & Varnish | Nitorlack (including, but not limited to, any prior versions of the Terms of Service