1. General
These Terms and Conditions govern the Affiliate Program that is made available by IKONICS® Corporation for Ikonart® Smart Screen Stencils ("IKONICS®", "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between IKONICS® and the individual or entity who participates in the Affiliate Program (the "Affiliate", or "you").
Please read this agreement carefully as it represents a legally binding agreement between you and IKONICS®. By your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. IKONICS® may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that IKONICS® believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party. IKONICS® may terminate or amend the terms of the Affiliate Program at IKONICS® sole discretion.
We currently use Affiliatly.com to manage our Affiliate Program. You will need to agree to their Terms of Service and Privacy Policy when registering for our program.
2. Referral Code
IKONICS® will provide the Affiliate with a specific Referral Code. IKONICS® will track users who have used the referral code. Only users who make a purchase using the Affiliate's specific Referral Code will be considered referrals of the Affiliate and recorded as such.
The Affiliate is not authorized to modify or alter the Referral Code in any way. IKONICS® is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Code.
When the Referral Code is used, the user will receive a set percentage off their order. We reserve the right to adjust the discount percentages at any time.
3. Affiliate Fees, Payouts and W9
You MUST fill out a W9 form in order to participate in our Affiliate Program.
It is free to join our Affiliate Program. Every time the Affiliate's Referral Code is used, the Affiliate will be credited with a commission. The monthly commission will be paid out the first or second Thursday of the following month. There is a minimum payout of $200. If your account balance is below $200 (on the last day of the month), your earnings will roll over month-to-month until the minimum payout amount is reached.
A referral will become eligible for payout ("Eligible Referral") at the end of the next calendar month if it meets all of these criteria:
- The referral makes a qualifying purchase using the Referral Code and has paid in full
- The referral's account remains active and in good standing
- The referral's account has not had any of its payments refunded, charged back or otherwise reversed
- The referral's account balance is at least $200
In the event of any activity deemed suspicious, IKONICS® may delay the payout by up to 6 calendar months to verify the relevant transactions. IKONICS® reserves the right to recalculate, void, or disqualify any referral purchases in the event of any fraudulent, deceptive or otherwise illegal activity.
Referrals for purchases made through IKONICS® promotional or special offers are not eligible for payout.
4. Advertisements
IKONICS® hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the Ikonart® logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate's participation in the Affiliate Program.
The Affiliate may only display advertisements that contain Ikonart® logos or other marketing materials in good taste. The Affiliate may not use Ikonart® logos in a manner that, at IKONICS's sole discretion, fails to meet brand standards.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
IKONICS® may, without prior notice, require the Affiliate to remove or modify any advertisements at IKONICS's sole discretion.
5. Termination
The Affiliate may terminate the Affiliate's participation in the Affiliate Program with immediate effect by giving IKONICS® a written notice of termination.
IKONICS® reserves the right to terminate the Affiliate's participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that IKONICS® , at its sole discretion, deems to be harmful to its business.
Upon termination, the Affiliate will lose access to its Affiliate Referral Code and may, at IKONICS® sole discretion, forfeit all potential or unpaid Affiliate Fees.
6. Relationship of Parties
IKONICS® and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on IKONICS's behalf.
7. Limitation of Liability
The Affiliate Program is provided on an "as is" and "as available" basis and the use of the Affiliate Program is at the Affiliate's own risk. IKONICS® makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
IKONICS® is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless IKONICS® , its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's or any third party's operations or use of the Affiliate Program.
8. Modification
IKONICS® may, at its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: https://ikonartstencil.com/terms-affiliate/. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate's continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
9. Miscellaneous
The Affiliate warrants and represents that if the Affiliate is an individual, he or she is over the age of 19 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. IKONICS® reserves the right to terminate the Affiliate's participation in the Affiliate Program if IKONICS® determines, at its sole discretion, that the Affiliate's actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between IKONICS® and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties and neither party shall be bound by any statements or representations that are not embodied in this Agreement.