By participating in the The Kindly Offensive's Affiliate Program (“Program”), you agree with the terms and policies set forth in the agreement (“Agreement”) below. Please read the entire Agreement. It is a legal agreement between you and The Kindly Offensive. By submitting the online application, you are agreeing that you have read and understand the terms and policies of this Agreement, and that, if The Kindly Offensive accepts your application, you agree to be legally responsible for each and every term and policy.
Your participation in the Program is solely for the purpose of legally advertising The Kindly Offensive to receive a commission on products purchased by your referrals.
This Agreement begins when The Kindly Offensive accepts you into the Program and will end when your participation is terminated.
The Kindly Offensive may change the Program or this Agreement at any time. If any change to the Program or the Agreement is unacceptable to you, your only choice is to terminate your participation. Your continuing participation in the Program will constitute your acceptance of any change.
You or The Kindly Offensive may suspend or terminate your participation in the Program at any time for any reason. You are only eligible to earn commission while you are participating in the Program in accordance with the terms of this Agreement.
The Kindly Offensive will attribute referrals to you based on a discount code provided.
The Kindly Offensive reserves the right to refuse service to any referral.
The Kindly Offensive will provide a $25 gift card for every 5 orders placed by your referrals. Referrals will reset back to 0 (zero) on June 30 and Dec 31 of every year.
The Kindly Offensive uses Shopify to tabulate and track sales.
The Kindly Offensive reserves the right to increase or decrease commission rates from time to time as it sees fit.
There is no maximum commission limit.
If a referral returns a product or if the referral requests a chargeback on the purchase, you will not receive credit. The Kindly Offensive returns all money to the referral, so you must also return your portion of the sale. The Kindly Offensive may hold your commission payout for a period of up to 3 months.
The Kindly Offensive reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and policies.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and policies, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
1) You are not forthcoming, you are intentionally vague, or you are found to be lying.
2) You are not responsive within a reasonable time period and after multiple attempts to make contact using the information listed in your network profile.
3) You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to suspend you from the Program, reverse orders, modify payouts, reset your commission to 0, or immediately terminate your participation in the Program. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to address such issues proactively and to adhere to the terms and policies of this Agreement.
The tools, products, and creative assets (collectively “Assets”) that The Kindly Offensive provides to you include valuable information vital to the success of the Program, including a tracking code that The Kindly Offensive uses to attribute referrals to you.
The Kindly Offensive grants to you a nonexclusive, nontransferable license (“License”) to use Assets as specified under the terms and policies of this Agreement. The term of the License shall expire upon your departure from the Program or termination of this Agreement.
You will use the Assets as The Kindly Offensive instructs:
1) You will not alter, add to, subtract from, or otherwise modify the Assets as The Kindly Offensive provides them unless you obtain prior written consent from The Kindly Offensive.
2) You may only use the Assets for the purpose of promoting The Kindly Offensive and its products.
3) The Kindly Offensive retains all rights, ownership, and interest in the Assets, and in any copyright, trademark, or other intellectual property in the Assets. Nothing in this Agreement shall be construed to grant you any rights, ownership, or interest in the Assets, or in the underlying intellectual property, other than the License to use Assets as granted in this Agreement.
4) You will not make any claim to ownership of the Assets, or of the copyright, trademark, or other intellectual property therein.
5) You will not publish or otherwise distribute any other advertising materials that reference The Kindly Offensive unless The Kindly Offensive gives prior written consent to the distribution of such materials.
Under no circumstances shall you send commercial electronic mail messages as defined in the Federal spam law, CAN-SPAM Act of 2003 (“Act”), with respect to the The Kindly Offensive affiliate program.
The Kindly Offensive reserves the right to collect, withhold, or cancel any and all compensation related to commercial electronic mail messages you send.
You may send transactional or relationship messages as defined in the Act.
The Kindly Offensive permits you to promote offers on Facebook, Twitter, blogs, discussion forums, and other social media following these general guidelines:
1) You ARE ALLOWED to post your affiliate links on your own social media.
2) You ARE PROHIBITED from posting your affiliate links on the social media of The Kindly Offensive.
You shall not purchase keywords, domain names, advertising, search terms, adwords, or any other identifiers that include the word “The Kindly Offensive,” the names of The Kindly Offensive products or services, or any variations or misspellings thereof.
Specifically, this policy prohibits you from:
1) Bidding on “The Kindly Offensive” and any keyword string that includes this term, such as “The Kindly Offensive nootropics” or “The Kindly Offensive supplements” or “The Kindly Offensive coupons” or “The Kindly Offensive promotions”; and
2) Bidding on “Clarity” and any keyword string that includes this term, such as “Clarity nootropics” or “Clarity supplements” or “Clarity coupons” or “Clarity promotions”; and
3) Purchasing domain names based on “The Kindly Offensive” or variations, such as “TheKindlyOffensiveClothing.com” or “TheKindlyOffensive.co” or “www.The-Kindly-Offensive-review.org”
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between you and The Kindly Offensive. You will provide services for The Kindly Offensive as an independent contractor. You will have no authority to bind The Kindly Offensive into any agreement, nor will you be considered an agent of The Kindly Offensive in any respect.
The Kindly Offensive will not be responsible for any taxes that you owe arising out of your relationship with The Kindly Offensive as set forth in this Agreement. The Kindly Offensive will not withhold any taxes from the commissions paid to you.
You shall include a disclosure statement within any and all pages or posts where you use affiliate links in an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that The Kindly Offensive is compensating you for your review or endorsement.
The Kindly Offensive makes no express or implied warranties or representations with respect to the Program.
The Kindly Offensive makes no representation that the operation of the Program will be uninterrupted or error-free, and The Kindly Offensive will not be liable for the consequences of any interruptions or errors.
You represent and warrant the following:
1) You have the legal authority to enter into this Agreement and to be bound to the terms and policies set forth in this Agreement.
2) Your website does not contain any materials that are:
(a) Unlawful or solicitous of behaviour that is unlawful in Canada;
(b) Unlawful or solicitous of behaviour that is unlawful in the geographic area from which you operate.
3) You have obtained any necessary clearances, licenses, or other permission for any intellectual property used on your website. Nothing on your 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 do you have any reason to believe that any person or entity will bring or threaten such a claim in the future.
You will indemnify and hold harmless The Kindly Offensive from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of your warranties set forth above. You will also indemnify and hold harmless The Kindly Offensive for any damage, loss, or other cost arising out of your use or misuse of the Assets.
Any information that you are exposed to by virtue of your relationship with The Kindly Offensive under these terms and policies, which information is not available to the general public, shall be considered to be confidential company information. You may not disclose any confidential company information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from The Kindly Offensive.
The Kindly Offensive will 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 The Kindly Offensive 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 Assets, or other performance of services under this Agreement.