Affiliate Marketing Program Terms of Service
1. Introduction
1.1 This Affiliate Marketing Program Terms of Service Agreement (the "Agreement") governs the relationship between OutCast Lures LLC ("Company") and the individual or entity accepting this Agreement ("Affiliate").
1.2 By accepting this Agreement, Affiliate agrees to promote Company's products or services ("Products") in accordance with the terms and conditions set forth herein.
2. Affiliate Program
2.1 Company operates an affiliate program that allows Affiliates to earn commissions by referring customers to Company's website.
2.2 Affiliate will be provided with unique affiliate links and promotional materials to use in promoting Company's Products.
3. Affiliate Obligations
3.1 Affiliate agrees to:
- Promote Company's Products in a truthful and non-misleading manner.
- Comply with all applicable laws, regulations, and industry standards.
- Not use any deceptive or unfair marketing practices.
- Not use Company's trademarks or copyrighted materials without prior written consent.
- Not engage in any activity that could damage Company's reputation.
3.2 By applying for and accepting participation in this program, affiliate affirms he/she/they are not a direct employee of the Company, and are compensated for work as a freelance service provider. All and any relevant tax reporting and contribution obligations related to revenue generated or income resultant by the affiliate’s work are solely that of the affiliate. The Company shall hold no obligation beyond those required of it such as documentation and financial reports for affiliate’s subsequent compliance.
4. Commission Structure
4.1 Affiliate will earn a commission of 3.5% for each sale generated through their affiliate link. All sales totals will be reduced by 1.5% prior to commission calculations, to reflect costs associated with processing payment through our e-commerce service provider.
4.1.1 Affiliates can earn higher percentages for reaching and maintaining predetermined thresholds, as follows:
- Upon successfully registering 5 or more completed sales (above the minimum qualifying single total order value of $25), an affiliate’s commission rate on all subsequent new qualifying orders will increase to 4.5%.
- Any affiliate who successfully registers cumulative sales (above the minimum qualifying single total order value of $25), with a combined total value equal to or exceeding $800US for a given period of three months, will earn a commission rate on all subsequent new qualifying orders of 6.25%
- Any affiliate who successfully registers cumulative sales above the minimum qualifying single total order value of $25, with a combined total value equal to or exceeding $1500US for a given period of three months, will earn a commission rate on all subsequent new qualifying orders of 7.5%
4.1.2 All tracked sales will be reviewed for compliance with this agreement, and any recurring sales made through a singular affiliate equal to or greater than a frequency of 3 sales from a returning customer shall have a reduced commission by 20% of the current affiliate’s qualified tier.
4.1.3 All tiered structures are temporary in nature, with a reset time of 90 days. Should an affiliate’s qualified and tracked sales drop below a previously attained threshold, all future commissions will be based on the latest sales data for calculation. On the first day of each quarter, all affiliates are automatically reset to the base commission of 3.5%.
4.2 Commissions will be paid 45 days after sales submitted for consideration have been completed.
Additionally, affiliates will need to accumulate a minimum commission balance of $65 prior to processing. Affiliates who do not exceed this minimum over the course of 90 days may be removed from the program. Any remaining balance in the affiliate’s account will be settled at the closing of their portal access.
4.3 Company reserves the right to modify the commission structure at any time.
5. Intellectual Property
5.1 All intellectual property rights related to Company's Products, trademarks, and promotional materials belong to Company.
5.2 Affiliate may use Company's provided promotional materials for the purpose of promoting
Company's Products.
6. Termination
6.1 Either party may terminate this Agreement at any time with [number] days' written notice.
6.2 Upon termination, Affiliate must cease all use of Company's trademarks, copyrighted materials, and affiliate links.
7. Indemnification
7.1 Affiliate agrees to indemnify and hold harmless Company from any and all claims, losses, damages, liabilities, and expenses arising out of Affiliate's breach of this Agreement or Affiliate's marketing activities.
8. Limitation of Liability
8.1 Neither party shall be liable for any indirect, incidental, or consequential damages arising out of this Agreement.
9. Governing Law
9.1 This Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts.
10. Entire Agreement
10.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
