This Affiliate Program Terms and Conditions (the “Agreement”) contains the terms and conditions that apply to your participation in the Shirty affiliate program (the “Program”).
Thank you, again, for exploring our affiliate program and signing up as an affiliate with Shirty. Like a lot of other business activities, we’ve developed a basic set of terms and conditions that outlined various expectations of our program. By filling out the signup form you acknowledge that you have read the terms and conditions, understand, and agree with them.
JOINING THE PROGRAM
By filling out the signup form on the website www.shirty.in/affiliate-area, and upon acceptance, you will become an affiliate and are bound by the terms and conditions of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on clothing products purchased by your referred individuals.
It is understood that you will introduce Shirty and its products to your current and prospective friends/followers/customers and will comply with all laws as well those that govern email marketing and anti-spam laws. Shirty reserves the right to accept or reject any prospective customers and will pay you a commission per customer referred using your affiliate code according to the designated payment schedule.
Either you or Shirty may terminate the Affiliate relationship at any time. You are only eligible to earn Affiliate payments during your time as an approved Affiliate. Shirty may change the program or service policies and operating procedures at any time.
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Shirty and Affiliate. Affiliate shall provide services for Shirty as an independent contractor. Affiliate shall have no authority to bind Shirty into any agreement, nor shall Affiliate be considered to be an agent of Shirty in any respect.
Shirty will not be liable for indirect, special or consequential damages arising in connection with this program and our aggregate liability arising with respect to this program will not exceed the total referral fees paid or payable to you. Shirty makes no express or implied warranties or representations with respect to the program. In addition, Shirty makes no representation that the operation of the service will be uninterrupted or error-free, and Shirty will not be liable for the consequences of any interruptions or errors.
Shirty hereby grants to Affiliate a nonexclusive, nontransferable license (the “License”) to use Promotional Materials as specified under the terms and conditions of this Agreement.
USE OF PROMOTIONAL MATERIALS
The Affiliate’s use and display of the Promotional Materials on the Affiliate’s site shall conform to the following terms, conditions and specifications:
- Affiliate may only use the Promotional Materials for the purpose of promoting the Shirty (and the products available thereon), and for linking to the Shirty website.
- Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Shirty. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Shirty for such alteration of modification.
- The Promotional Materials will be used to link only to the Shirty website, to the specific page and address as specified by Shirty.
AFFILIATES’S REPRESENTATIONS AND WARRANTIES
Affiliate represents and warrants the following:
- Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
- Affiliate’s website/social media pages does not contain any materials that are:
- Sexually explicit, obscene, or pornographic;
- Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
- Graphically violent, including any violent video game images; or
- Solicitous of any unlawful behavior.
- Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
- Affiliate will not use the Promotional Materials in any manner other than those set forth above.
- Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.
- Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that reference Shirty’s website unless Shirty gives prior written consent to the distribution of such materials. Affiliate will not use Shirty’s name (or any name that is confusingly similar) for any purpose on its website, in its promotional materials, or in any other context except to promote Shirty’s website as specified in this Agreement. Affiliate will not register any domain name that incorporates Shirty’s name, or that is confusingly similar to Shirty.
- Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Shirty or Shirty’s website.
REVOCATION OF AFFILIATE STATUS
Shirty is always attempting to maintain a positive image as a company and to promote the positive benefits of quality clothing and nostalgia. We hope that all of our affiliates feel the same and will work toward the same mission. However, if it is deemed that an affiliate is wavering from this direction, any affiliate application and status in the program may be suspended or terminated for any action inconsistent with the terms herein or for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks)
- Illegal spamming (mass email, mass newsgroup posting, etc.)
- Advertising on sites containing/promoting illegal activities
- Violation of intellectual property rights
- Inability to setup links or refer clients to Shirty (lack of performance)
You may use graphic and text links both on your website and social media. The site may also be advertised “offline” in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are deemed appropriate according to the conditions above.
Shirty uses the affiliate tracking systems. When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate username information. Other information, such as their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product at Shirty, the script will look for this cookie and/or try to match their IP address or similar identity tracking technology to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or they are using the same IP address as the one logged in the database.
Shirty uses the affiliate tracking system to track sales and commission payments due to our affiliates after the affiliate tracking process and purchases are completed. Commission percentage will vary, affiliates will be notified via email. Commissions are paid at the rate between 5-8%. Shirty reserves the right to increase or decrease commission rates from time to time as it sees fit. The commission calculation does not include the flat default product cost, cost of shipping & handling, cost of local, state sales taxes calculated, or discounts that may be applied by Shirty from time to time. Self-referrals from affiliates will not earn you any commission. At the time of this policy, product costs to Shirty are not subtracted from a commission calculation.
Affiliate can send us message via our email firstname.lastname@example.org to get an increase in the affiliate percent if they make more than 300 sales.
Maximum Commission. There is no maximum commission limit. Commissions are based on the net sales price and do not include discounts, the flat default product cost factor, calculated taxes, shipping and handling cost, postage expenses.
Returns. If a product driven to sale through an affiliate is returned or if the customer requests a chargeback on the purchase, you will not receive a commission. All money is returned to the customer, and so Shirty and the affiliate must also return their portions of the sale as well. And because of the 7-day exchange period for all Shirty products, this timing threshold will carry over to payout timing as Shirty is assured all purchases are final.
Shirty shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request, and is available through the affiliate area on the member page. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by Shirty within 14 days of discovering such discrepancy.
Commissions may be held for a period of up to 40 days from any purchase to protect Shirty and the Affiliate in the event of any chargeback that may occur. If a product driven to sale through an affiliate is returned or if the customer requests a chargeback on the purchase, the Affiliate is not entitled to receive a commission. All money is returned to the customer, and so Shirty and the affiliate must also return their portions of the sale as well. And because of the 7-day exchange period for all Shirty products, this timing threshold will carry over to payout timing as Shirty is assured all purchases are final.
Shirty retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth above.
Affiliate shall indemnify and hold harmless Shirty from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth above. Affiliate shall also indemnify and hold harmless Shirty for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
Any information that Affiliate is exposed to by virtue of its relationship with Shirty under these terms and conditions, which information is not available to the general public, shall be considered to be “Confidential Company Information.” Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Company.
TERMS OF THE AGREEMENT
These terms will begin upon your signup with the affiliate program and will end when your affiliate account is terminated. The terms of this agreement may be modified by Shirty at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
Shirty shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Shirty was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
Shirty shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with Shirty as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate.
Language: All communications made or notices given pursuant to this Agreement shall be in the English language.
Jurisdiction, venue & choice of law: Through your participation in the Affiliate Program, you agree that the laws of India shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and Shirty, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
Arbitration: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the nearest court from our office in India. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of India. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by Shirty will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
Severability: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
No waiver: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
Headings for convenience only: Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
Force majeure: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
Electronic communications permitted: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email us at the following address: email@example.com.