AFFILIATE PROGRAM AGREEMENT & TERMS

Effective Date: September 7, 2019

This is a legal agreement between you and Pierre’s Elite Performance (pierreseliteperformance.com).

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

1. Agreement

1.1. This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the Pierre’s Elite Performance (pierreseliteperformance.com) Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site, social media accounts, and any other permitted form of referral or discount sharing, and the pierreseliteperformance.com web site. Please note that throughout this Agreement, “we,” “us,” “our,” and “PEP” refer to Pierre’s Elite Performance (pierreseliteperformance.com), and “you,” “your,” “yours,” and “Affiliate” refer to the affiliate.

1.2. An Affiliate must provide their full legal name, valid e-mail address and any other information requested in order to create an Affiliate account.

1.3. An Affiliate must provide a valid PayPal email address to receive commission payments (please see section 6 below for more information regarding Payments) and include this on their profile during registration.

1.4. You may not use the Program for any illegal or unauthorized purpose. Violation of these terms and conditions may result in suspension of your rights to be an Affiliate and result in lost commissions and/or removal from the Program.

2. Affiliate Obligations

2.1. To begin the enrollment process, you will complete and submit the online application at pierreseliteperformance.com/affiliate-area. Applications will be evaluated for approval and approved affiliates will receive a confirmation by email. We may reject your application at our sole discretion. We may cancel your application if we determine that your site or social media account is unsuitable for our Program, including if it:

  • 2.1.2. Promotes violence
  • 2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • 2.1.4. Promotes illegal activities
  • 2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
  • 2.1.6. Includes “Pierre’s Elite Performance” or variations or misspellings thereof in its domain name
  • 2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
  • 2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
  • 2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are pierreseliteperformance.com or any other affiliated business.

2.2. As a member of PEP’s Affiliate Program, you will have access to the Affiliate Area (pierreseliteperformance.com/affiliate-area). Here you will be able to review your Affiliate account details, statistics, previous referrals, and view/generate your custom URL referral link(s). In order for us to accurately keep track of all guest visits from your site to ours, you must use the URL links that we provide.

2.3. PEP reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

2.4. The maintenance and the updating of your site and/or social media account will be your responsibility. We may monitor your site/account as we feel necessary to make sure that it remans suitable for the PEP Affiliate Program and to notify you of any changes that we feel are necessary to improve your performance as a PEP Affiliate.

2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.

3. PEP Rights and Obligations

3.1. We have the right to monitor your site/account at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the PEP Affiliate Program.

3.2. PEP reserves the right to terminate this Agreement and your participation in the PEP Affiliate Program immediately and without notice to you should you commit fraud in your use of the PEP Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, PEP shall not be liable to you for any commissions for such fraudulent sales.

3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

4. Termination

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

5. Modification

We may modify and make effective any of the terms and conditions in this Agreement at any time at our sole discretion without notification to Affiliates.  Modifications may include, but are not limited to, changes in the payment procedures and PEP Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in PEP’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

6. Payments

6.1. PEP uses a third party plugin and payment gateway to handle all of the tracking and payment. The third parties are AffiliateWP and Paypal. Kindly review their terms and conditions.

6.2. Affiliates receive a 20% commission (not including sales taxes and shipping & handling fees) for sending authorized sales via links provided by the PEP Affiliate Program. The customer must make a purchase by clicking the affiliate’s referral link within 1 day of the initial click-through. The commission will be credited to the most recent affiliate link clicked. A user may clear their browser cookies at any time, in which case the affiliate will no longer be tracked.

6.3. The commission is based on product that is sold and does not include sales taxes, shipping and handling fees, and any other additional fees beyond the purchase subtotal. Payments are made once an affiliate reaches minimum of $50 of commissions required for a payout.

6.4. The commission structure applies to all of PEP products unless otherwise stated.

6.5. Payout rates may be changed without notice and can be viewed within this Affiliate Agreement.

6.6. Refunded payments do not qualify for commission fee.

6.7. The commission is paid only on links that can be tracked and reported by PEP’s affiliate program systems. In order for systems to track the referral, the customer must have cookies enabled.

7. Access to Affiliate Area

You will create a username and password so that you may enter PEP’s Affiliate Area (pierreseliteperformance.com/affiliate-area). From there, you will be able to receive your reports that will describe our calculation of the commissions due to you.

8. Promotion Restrictions

You are free to promote your own web sites and social media accounts, but naturally any promotion that mentions PEP could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by PEP. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote PEP so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote PEP so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from PEP. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the PEP Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

9. Grant of Licenses

9.1. We grant 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, product photos, 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 PEP’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of PEP and the good will associated therewith will inure to the sole benefit of PEP.

9.2. 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.

10. Disclaimer

PEP MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING PEP SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF PEP ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

11. Representations and Warranties

You represent and warrant that:

11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

12. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL PEP’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

13. Indemnification

You hereby agree to indemnify and hold harmless PEP, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

14. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

15. Miscellaneous

15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and PEP. 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 any other social media account or otherwise, that reasonably would contradict anything in this Section.

15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada without regard to the conflicts of laws and principles thereof.

15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

16. Privacy

Please review this site’s Privacy Policy which also governs your visits to this site as part of our Affiliate Program. Our Privacy Policy is always accessible on our site’s home page.

17. Terms of Use & Terms of Sale

By using, visiting, accessing and/or purchasing from Pierre’s Elite Performance, you agree to all PEP Terms & Conditions, including our Terms of Sale and Terms of Use, which also govern your visit to this site. Both are always accessible on our site’s homepage and at checkout.