This Agreement contains the terms and
conditions that apply to a participant in the Twist Conditioning Affiliate
Program . As used in this agreement, "we", means "Twist Conditioning and
"you" means the "affiliate/applicant", " www.athleteconditioning.com " refers
to a World Wide Web site.
To begin the enrollment process, you will submit a complete Affiliate
Application form. We will evaluate your application in good faith and will
notify you of your acceptance or rejection, usually within 48 hours. (you can
re-apply at any time). We may reject your application if we determine, in our
sole discretion, that your site is unsuitable for the Program. Unsuitable
sites include, for example, sites that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age
- promote illegal activities or violate
intellectual property rights
- or from applicants who we prefer not to be
associated with
We grant you a non-exclusive, revocable right
to use our present banners and other such images for which we grant express
permission, for the purpose of identifying your site as a program participant
and linking to our site. You may not modify the banners or any of our images
in any way without our express permission.
We reserve all of our rights to our trade names and trademarks and all other
intellectual property rights.
SPAM (unsolicited email)
We will not tolerate the sending of unsolicited bulk emails which
promote, or make reference to Twist Conditioning, or any of its associated
companies, Partners, or employees. Other prohibited forms of advertising
include postings to non-commercial newsgroups and cross-posting to multiple
newsgroups at once. In addition, Affiliates may not advertise in any way that
effectively conceals or misrepresents their identity, their domain name or
their return email address.
Any Affiliate who, in our opinion, breaches this ruling will have their
Affiliate status cancelled immediately and any and all outstanding commissions
WILL BE FORFEITED.
Stay Safe, Don't SPAM.
We will NOT revoke affiliate status to avoid payment of owed or future
commissions.
UNPROFESSIONAL CONDUCT
Twist Conditioning and its associated companies operate with the
strictest codes of professional conduct. Any Affiliate who brings Twist
Conditioning or its associates into disrepute, or who promotes any form of
slander, racism, or unfair business practices, will have their Affiliate
status cancelled and any outstanding commissions WILL be forfeited.
We reserve the right to reject any affiliate application if in our opinion,
that person or company violates established laws or commonly held standards of
decency.
An affiliate who ignores warnings to cease and desist any activities we deem
negligent, inappropriate, or harmful to Twist Conditioning and or other
affiliates will be terminated.
ORDER PROCESSING
We will be solely responsible for processing every order for our
products. Customers will use our secure online ordering process. Order forms,
payment processing, shipping, cancellations, returns, and related customer
service are our responsibility.
All of our rules, operating procedures and policies regarding customer orders
and accounts will apply to orders we receive through special links on your
site. We reserve the right to reject any order that does not comply with our
rules, operating procedures and policies.
Every customer who buys a product through this program is deemed to be a
customer of ours. You do not have the authority to make or accept any offer on
our behalf. All our policies regarding customer orders, including product
availability, pricing and problem resolution, will apply to these customers.
We are not responsible for any representations made by you which contradict
our policies.
** You CAN order our products for your OWN PERSONAL
USE through YOUR affiliate link! (This, in effect, gives you a 5% "discount"!)
TRACKING OF SALES
We will be solely responsible for tracking sales we make to
customers who follow links from your website. We use AffiliateShop.
Statements of your sales activity will be available to you in "realtime" with
a special URL that we assign to you. Accessible 24 hours per day and 7 days
per week. You may access these stats via a password and username we assign.
Only two entities may access your stats and affiliate information. That would
be you, and us (Twist Conditioning).
LINKS
We will provide you with a unique identifying URL for you to link
to. Each sale or referral that is generated from this URL will be attributed
to you. You will have access to your own private section to check your stats
in Real Time. Your links to the unique URL can be text links or banner links,
or a combination of the two, at your sole discretion. If you choose banner
links, you must use our banners. We will provide you with a URL of all our
banners, from which you can freely choose. You may add as many links to Twist
Conditioning, or remove such links, at anytime and without prior approval from
us.
** Inactive affiliates may be removed from participation in the Program.
Inactive means little or no "click-throughs" via your banner/text links, as
monitored via our affiliate program administrative panel, for a period of
sixty (60) days. And/or, non-placement of affiliate banners/text ads. We will
contact you after thirty (30) days of "inactivity". Efforts will be made to
help and encourage your participation in the Program.
We will provide you with instructions on how to properly format the links. You
are responsible for ensuring the links are formatted correctly. This will
ensure accurate tracking of sales for credit to your account. Every effort
will be made to ensure that our site is functional and available for customers
referred to our site through your "affiliate link".
We have NO responsibilities with regard to your site. Twist Conditioning shall
have no liability for any indirect, incidental, special or consequential
damages or any loss of revenue or profits arising under or with respect to
this agreement or the program. In addition, Twist Conditioning's aggregate
liability arising under or with respect to this agreement or the program shall
in no event exceed total referral fees paid or payable to the affiliate under
this agreement.
COMMISSION AND PAYMENT
We will pay you 5% of any and all purchases made by a customer
referred by your "affiliate link" through our banners or text links (Not
including any applicable sales tax and shipping charge).
Minimum amount for payment is fifty dollars ($50). Any amount under this will
be held in your account until the minimum for pay out is reached. (this is
ongoing)
Payment will be made in the form of a bank cheque from us Twist Conditioning,
paid in Canadian dollars. Cheques will be mailed within ten days of the first
of the month for the prior month's sales. For example, commissions for sales
made during May will be sent out on or before the 10th of June. We are not
responsible for paying interest to Affiliates for accrued but not yet
delivered Commission payments.
Payment will be made out to you and mailed, via Canada Post Mail, to the
address you provide at sign-up. (you will be able to modify your address and
contact info via your private affiliate area)
Any "refunds" to a customer, referred through your "affiliate link", will be
deducted from your "credited" commission/s. (The majority of customers gladly
accept replacement of products.) Charge backs (None to date!), if any, will be
deducted from your "credited" commissions.
TERM OF THE AGREEMENT
The term of this agreement will begin upon our acceptance of your
affiliate program application and your placement of our banner or textual link
on your site and will end when terminated by either party. Either you or we
may terminate this agreement at any time, by giving the other party written
notice of termination. This will be in the form of "email". You can only earn
referral fees on sales occurring during the term. We will never withhold any
payment due. Payment of monies owed you will be payable on the same schedule
as stated above for commission payment. Upon termination of this agreement,
the former Affiliate must remove all Affiliate links and graphics from its web
site, and refrain from publishing same in any manner whatsoever.
INCOME TAX LIABILITY
You must understand and agree that you are acting as an independent
contractor and as such will be responsible for your own Income Taxes and any
other tax liabilities that affect the sales of our products in your province.
MODIFICATION
We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting a new agreement
on our site. Any modifications will ALSO be notified, by email, to all
participating affiliates. If any modification is unacceptable to you, you may
terminate this agreement. Your continued participation in the program
following notification of our new program will constitute binding acceptance
of the change.
RELATIONSHIP OF PARTIES
You and We are independent contractors, and nothing in this
Agreement will 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 would contradict anything written here.
CONFLICTS AND DISPUTES
As with any program, a conflict or dispute may occasionally arise
due to tracking, orders, commission calculation, performance issues and
appeals regarding "termination for cause". Below is outlined who to contact
and how to handle any such situation.
- If a concern should arise, send an email stating your full name, your
affiliate ID, your address and state/province the specifics of your concern.
Include any dates or numbers that apply. We will investigate immediately and
will reply as soon as possible.
- Though we will be more than willing to settle the dispute in as fair a
manner as possible we realize this situation may arise. In this case we will
be open to mediation or arbitration to settle the matter.
- We have NOT pre-selected a mediator or arbitrator. Should one be needed we
will select a non-biased, third party moderator.
CONTACT INFORMATION:
E-mail:
affiliates@sportconditioning.ca
Phone (Toll Free): 1-888-214-4244
Local: 604-904-6556
Mail:
Twist Conditioning Inc.
Unit 12-1225 East Keith Rd
North Vancouver, BC, V7J 1J3
(Located across the street from the North Shore Winter Club)
PRIVACY POLICY
It's pretty simple... We ONLY use the information you submit to
maintain your account. That is, to make your commission payments and to
communicate changes in OUR product offerings. We will NOT email you with any
other company's products... period! We WILL notify you of new banners and or
text links to facilitate promotion of Twist Conditioning. We Do Not Now nor
Will We in the future, Sell, Rent or otherwise make your personal information
available to anyone!
This concludes the agreement. Thank you for taking the time to read it
carefully. We look forward to working with you, our Valued Affiliates!
By signing up for our
Program, you are in effect, agreeing to the above "affiliate agreement".
