PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBMITTING YOUR APPLICATION TO BECOME AN AFFILIATE!
BY CLICKING “I AGREE” YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AFFILIATE AGREEMENT BETWEEN YOU AND SLICK PRODUCTS (“SP”) WHICH WILL GOVERN YOUR RELATIONSHIP WITH SP. BY APPLYING FOR AND PARTICIPATING IN THE AFFILIATE PROGRAM (THE “PROGRAM”), YOU (ON BEHALF OF YOURSELF AND THE BUSINESS YOU REPRESENT) AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE AFFILIATE TERMS AND CONDITIONS, INCLUDING ALL APPLICABLE POLICIES.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK “I AGREE” AND DO NOT SUBMIT THE APPLICATION. AT ANY TIME YOU NO LONGER WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY PROVIDE WRITTEN NOTICE TO SP.
As used in these terms and conditions, “You” or “Your” shall mean the individual who is applying to be an affiliate for SP, and his/her employees, agents, business affiliates, and permitted successors and assigns.
If selected by SP, You will become an affiliate (“Affiliate”) for products offered and sold by SP. Affiliate’s territory shall be within the United States and all U.S. Territories exclusively. Your performance as an Affiliate is subject to these terms and conditions, and any separate agreement SP may require you to execute as well as any SP policies, standard operating procedures or guidelines provided to you from time to time (collectively, the “Affiliate Terms”).
1. Eligibility. To enroll in the Program, You must complete and submit the online application. Initial approval of Your application does not mean that all information or actions set forth in the application comply with the Affiliate Terms, and it is Your continuing duty to ensure Your compliance. We may reject Your application and/ or dismiss You from the Program at any time at our sole discretion.
2. You must provide Your full and accurate legal name, a valid email address, and any other information required to complete the application for the Program. You will only provide true and accurate information to SP, and will update any such information as necessary to ensure that such information is kept complete and accurate.You will not use any “bot” or other automated method to enroll or participate in the Program.
3. You acknowledge and agree that You meet the following eligibility criteria:
◦ You have read, understand, and agree to be bound by the Affiliate Terms.
◦ You are eighteen (18) years of age or older.
◦ You reside in the United States.
◦ You are authorized to work in the United States (proof of which may be requested by SP).
◦ You maintain and actively use an account on at least one form of social media, including Facebook, Twitter, Pinterest, Snapchat, Instagram, Vine, Tumblr and YouTube, which have been approved by SP (collectively, “Approved Media”). Your accounts on Approved Media are referred to as “Accounts.”
◦ You are in compliance with all FTC guidelines and the Affiliate Terms.
4. Responsibilities. You agree to use Your best efforts to market and promote Slick Products on Your Accounts (the “Promotional Services” or the “Services”) in a manner consistent with the authorized use for each product as outlined on product labels. You are required to notify SP of Your Accounts on Approved Media and add SP as a friend/ follower. You will be notified of any additional Approved Media as it becomes available
◦ You agree to perform the following Promotional Services:
1. Create and post photo and video content promoting the Slick Products and/ or any related campaign as SP may request from time to time (“Content”).
2. Share and promote Your personal discount code (if applicable) and tracking link for Slick Products to encourage followers to purchase them.
3. Communicate, network and/or collaborate with social media influencers, SP’s social media followers and customers, and any other individuals requested by SP, to promote Slick Products.
4. Promptly respond to communications from SP personnel in a text, email, phone or any other form.
◦ You agree that SP may post, re-post, upload, and otherwise re-use any of Your Content at any time, without compensation other than what is provided in the Affiliate Terms. You acknowledge and agree that You are responsible for:
1. Any and all activity undertaken in connection with Your participation in the Program;
2. Maintaining Your Accounts to ensure compliance with all applicable laws, rules, regulations and policies (collectively, the “Law”), including providing any notifications to followers as necessary to effect compliance with Law;
3. Conducting Yourself at all times with the highest degree of professionalism, behaving in a legal, ethical and business-like manner and maintaining the highest standards of integrity, honesty and responsibility in Your dealings with SP, its staff, customers and sales representatives
4. Presenting and demonstrating Slick Products in a positive, truthful and sincere manner and not engaging in any activity or action that may damage SP's reputation or the reputation of its products or services;
5. Not using Slick Products or any trademarks, copyrighted materials, or other Intellectual Property of SP in any advertising, social media, or in literature other than material published by SP, without first obtaining the express written permission of SP; and
5. Prohibitions/ Restrictions. The Affiliate agrees and understands that if any Content posted by or associated with Affiliate is deemed offensive or inappropriate, that Affiliate will be deemed, at the sole discretion of SP, ineligible to participate in the Program. The Affiliate will then be disqualified from receiving any further commission, recognition, communication or compensation from SP. Affiliate will also be disqualified in the event it takes any of the following actions, each a material breach of the Affiliate Terms:
◦ Makes any representations or warranties on behalf of SP, other than the ones contained in SP’s marketing and promotional information;
◦ Fails to comply with any of the Affiliate Terms;
◦ Promotes Slick Products through unsolicited or spam emails or otherwise violates any Laws regulating electronic communications;
◦ Engages in, promotes, or contributes to, or creates a platform for, the publishing, hosting, or promotion of sexually explicit materials, scantily clad images or video, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or of any content that is unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable to SP in SP’s sole discretion;
◦ Transmits messages or images inconsistent with the positive images and/ or good will with which SP wishes to associate;
◦ Engages in, promotes, or contributes to any activity, software, or materials that may divert commissions from other participants in the Program;
◦ Engages in, promotes, or contributes to any illegal activity or violates SP’s or any third party’s legal rights, and/ or intellectual property rights;
◦ Engages in “spam” advertising, sends unsolicited commercial email, posts commercial messages to any forum that prohibits such messages, or engages in any other advertising or marketing practices that are deceptive, misleading, fraudulent, or otherwise objectionable in SP’s sole discretion. You may not present SP’s banners, images or videos as if they are Your own or any other site’s (which is usually referred to as copyright or trademark infringement, and is illegal) as it may cause a customer to opt-in thinking they are signing up to receive SP communications rather than Yours;
◦ Creates or links to a website that copies, resembles, has the look and feel of or creates the impression that it is the SP website or any other platform of SP;
◦ Reads, intercepts, records, redirects, interprets or fills in the contents of any electronic form or other materials submitted to SP by any person or entity;
◦ Uses any promotional coupon or code that is not provided to Affiliate by SP for the Program, or runs any ad with any of SP’s URLs offering affiliate commissions;
◦ Sells or re-sells any of the Slick Products, or offers a cash incentive or discount on Slick Products as a means of promotion; or
◦ Takes any action (or fail to take an action), that is deemed to be unsuitable to SP, in its sole discretion.
6. Rights of SP. SP reserves the right to preview Affiliate’s Content from time to time upon request and reserves the right to request changes to and/or removal of Content in its sole discretion. We have the right to monitor Your Accounts at all times to ensure that Your Accounts comply with the Affiliate Terms, the Law, and any other requirements. We may notify You of any changes to Your Content or Accounts that we feel should be made. Without limiting our rights as stated herein, we may terminate Your participation in the Program if You do not make any changes to Your Account that we feel are necessary or appropriate. We reserve the right to terminate Your participation in the Program immediately and without notice to You should we suspect that You have committed fraud or otherwise violated the Affiliate Terms. If such fraud or abuse is detected, SP shall not be liable to You for any commissions for such fraudulent sales.
7. Independent Contractor. By entering into the Affiliate Terms, You agree that:
◦ You are customarily engaged in an independent business providing marketing and brand affiliate services, and are not an employee of SP. Therefore, You are not entitled to any benefits provided by SP to its employees, including, without limitation, worker’s compensation benefits or group insurance. Nothing in the Affiliate Terms should be construed to create an employer-employee relationship or any other relationship other than that of an independent contractor.
◦ SP will not have control or exercise direction over the methods by which You perform the Services. You are responsible for creating content and determining when Your Content will be shared, with the exception of time-sensitive projects as identified by SP.
◦ You are responsible for Your own federal, state and local income, social security, unemployment, sales, disability and any other applicable local, state or federal taxes arising out of Your performance of Services under the Affiliate Terms. If applicable, SP will report amounts paid to You by filing Form 1099-Misc. with the Internal Revenue Service, as required by Laws.
◦ You understand and agree that SP will not withhold or make payments for social security, unemployment insurance or disability insurance contributions on Your behalf. You agree to indemnify and defend SP against any and all such taxes or contributions. You are also responsible for all costs, liabilities and expenses You may incur in connection with performing Services under the Affiliate Terms.
◦ Payment for Services. In consideration of the Promotional Services and rights granted to SP with respect to Content, Affiliate will be compensated as follows:
1. A commission to be communicated to You in writing by SP and paid to You by PayPal based on customers’ use of Your unique promotional code or affiliate tracking link to buy Slick Products. Your commission will be paid on a monthly basis in each month in which Your commission is at least one hundred dollars ($100) (Your commission will roll over to the next month(s) if $100 in commissions is not reached in a given month);
2. Free Slick Products, at SP’s discretion, the value and amount of which shall be determined by SP.
◦ Commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Slick Products. If a sale is canceled or refunded for any reason, any paid commission will be deducted from the amount owed to the Affiliate and any subsequent payment. Affiliate will not be paid a commission on sales or orders that are in delinquent status.
◦ Affiliate commissions are counted and final numbers are deemed final at the sole discretion and decision of SP. SP also reserves the right to change the dates of the commission payout.
◦ Affiliate should clearly advise followers/ customers to use the Affiliate’s promotional code or tracking link to purchase Slick Products in order for Affiliate to receive commission.
◦ While SP makes every reasonable effort to accurately track and pay commissions for all Affiliate sales, SP is not responsible nor shall be held liable for any technical difficulties, outside events, actions by other Affiliates, or other uncontrollable events that may disrupt or interfere with SP’s ability to track sales or pay commissions. SP has the right to pay commissions to any other person, in its discretion.
9. Intellectual Property. All SP trade names, trademarks, logos, slogans, domain names, trade dress, coupons, hypertext links, promotional codes, designs, works of authorship, and other advertising and marketing material (collectively, the “SP Intellectual Property”) is the property of SP, and You will not use such SP Intellectual Property except in the form provided to You through the Program, and solely for the purpose and in the manner specifically authorized by SP.
◦ Unless and only to the extent explicitly authorized by SP, You will not modify any SP Intellectual Property or use any modified or derivative version of any SP Intellectual Property.
◦ Unless and only to the extent explicitly authorized by SP, You will not purchase, use or register any domain name, or any social media profile name, handle, or moniker, that comprises or incorporates any SP Intellectual Property or any variations, derivatives or misspellings thereof.
◦ You will not publish, host, or promote any SP Intellectual Property or other material that misrepresents Your relationship with SP or implies that You are an official site, authorized dealer, or otherwise specially connected with or sponsored by SP. Without limiting the foregoing, You will not publish, host, or promote any press releases, print advertising, or co-branding items that reference SP or make use of any SP Intellectual Property or any variations or derivatives thereof, except to the extent expressly authorized by SP.
◦ You agree that any and all content, photos, videos, verbiage, pictures, writings, other work product and/ or works of authorship generated as part of the content or otherwise related to the work that You do for SP (collectively, the “Content”) shall be sole and exclusive property of SP, and You irrevocably assign to SP all right, title and interest in any Content that You create, or to which You contribute, including all intellectual property rights contained therein. You acknowledge and agree that SP is expressly authorized to use Your name, likeness, voice, signature, photograph, image, distinctive appearance, gestures or mannerisms as part of any Content, such use will not constitute an infringement of any of Your rights, and all Your rights relating to or embodied in any Content are hereby waived.
◦ SP may post any and all of the Content on social media outlets (including but not limited to YouTube, Facebook and Instagram) at its discretion, in perpetuity, at no charge. You acknowledge and agree that all Content was specially requested by SP, and further agree that it shall be considered a work made for hire within the meaning of the copyright laws of the United States (together with any modifications, improvements or enhancements). SP may use and/or re-use the Content, alone or with other material, in its sole discretion, without any obligation to give You any ownership, credit or remuneration.
10. Confidential Information. SP may disclose to You confidential or proprietary information and trade secrets from time to time (collectively, “Confidential Information”). SP’s Confidential Information includes, without limitation, all non-public or proprietary information and SP Intellectual Property, including, but not limited to specifications, ingredients and other proprietary information relating to the Slick Products, sales figures, software passwords, customers, names and contact information, event format, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, personal information of employees and agents, sponsorship strategies, relationships with vendors, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, inventions, techniques, marketing and other future plans. You agree to hold all Confidential Information in the strictest confidence and not to disclose the Confidential Information to any third party. You agree that SP is (and will remain) the sole and exclusive owner of all right, title and interest in and to the Confidential Information, and all SP Intellectual Property. You further agree that You will not, and will cause any employees and other agents to not, use SP’s Confidential Information for the benefit of anyone other than SP. You agree not to use SP’s Confidential Information for any purpose except in the performance of Your obligations under the Affiliate Terms.
11. Term; Termination. The term of the Affiliate Terms shall begin upon submission of Your application and continue until terminated. The Affiliate Terms may be terminated by SP immediately at any time, with or without cause, upon SP’s written notice to You; and by You upon thirty (30) days written notice by You to SP. Affiliates who do not follow the applicable requirements can be subject to termination, suspension, or their commissions being held until all requirements are followed. The obligations related to Confidential Information will continue perpetually after the termination of the Affiliate Terms.
12. Third Parties. SP recognizes that, as an independent contractor, You are available to perform services for entities other than SP. You agree to notify SP of any other arrangements. Moreover, You warrant and represent that there is no conflict or potential conflict of interest between Your performance of Services under the Affiliate Terms and the performance of services under other contracts for services or as an employee of other entities and will ensure that no such conflict arises. Without limiting the foregoing, You agree to promptly notify SP if and when You are engaged to perform substantially similar services with respect to a competing brand of products.
13. Indemnity. You will at all times defend, indemnify and hold harmless SP (including, without limitation, all related and affiliated entities and their respective directors, officers, shareholders, agents and representatives) from and against any and all claims of whatever nature, including without limitation: (i) any violation of Law committed by You or Your agents; and/ or (ii) Your participation in the Program, and/ or Your breach of any obligation, representation or warranty set forth in the Affiliate Terms. Your obligation to indemnify and defend SP as set forth in this Section shall include reimbursement of any and all legal fees and related costs and expenses incurred by SP in connection with any such claim.
14. Limitation of Liability. SP WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF SP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AFFILIATE TERMS, IN NO EVENT SHALL SP’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE AFFILIATE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSIONS PAID TO YOU UNDER THE AFFILIATE TERMS.
15. Disclaimer. SP MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SP ’S WEBSITE(s) OR ANY OTHER WEBSITES MAINTAINED AND OPERATED BY SP OR THE PRODUCTS OR SERVICES PROVIDED THEREON OR OTHERWISE OFFERED BY SP , AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, SP MAKES NO REPRESENTATION THAT THE OPERATION OF ANY SRC WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND SP IS NOT LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
16. Modification. SP may change the Affiliate Terms in the future. Unless the Affiliate Terms or Law specify/(ies) otherwise, we will give You thirty (30) days prior notice of any significant change to the Affiliate Terms. If You find the change unacceptable, You have the right to terminate the Agreement. However, if You continue to receive the benefits of the Agreement after the end of the notice period of the change, You will be considered to have accepted the changes. You may not modify the Affiliate Terms by making any typed, handwritten, or any other changes to them for any purpose.
17. Miscellaneous. In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of California. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of California.