REFERRAL PROGRAM AGREEMENT
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EVERY GUN PART, LLC. (DBA EVERYGUNPART.COM)
BY SUBMITTING THIS 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. Overview
This Agreement contains the complete terms and conditions that apply to you becoming a participant in EveryGunPart.com's Referral Program ("Program"). The purpose of this Agreement is to allow HTML linking between your website and the EveryGunPart.com website. Please note that throughout this Agreement, "we," "us," and "our" refer to EveryGunPart.com, and "you", "your", and "yours" refer to the participant.
2. Participant Obligations
2.1. To begin the enrollment process, you will complete and submit the online application on this web page. Any automatic or manual approval of your application does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials.
2.1.2. Promotes violence.
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected class.
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 "EveryGunPart" or variations or misspellings thereof in its domain name, whether or not such use causes confusion to visitors.
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 commissions from other participants 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 EveryGunPart.com or any other affiliated business.
2.2. As a member of EveryGunPart.com's Referral Program, you will have access to our Referral Account Manager. Here, you will be able to review your Program account's details and previously published Program announcements, download HTML code (providing links to web pages on the EveryGunPart.com website), create linked banners, and get tracking codes for our referral coupons and other deals. To enable referral tracking, you must use the HTML code that we provide for each banner and referral link for your use.
2.3. Posting of your Referral Program participant links and discount codes to public discount code websites, apps or aggregators such as WeThrift, RetailMeNot, and Coupons.com is prohibited. EveryGunPart.com reserves the right, at any time, to review your placement and use of your referral links and require that you change their placement or use to comply with the guidelines of our Program participation.
2.4. The maintenance and the updating of your website is your responsibility. We may monitor your website as we feel necessary to ensure compliance with this Agreement and that it is up to date and to notify you of any changes that we feel could enhance your referral performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your website. You must have express permission to use any copyrighted material, whether it be text, images, 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 is found to be in violation of the law or any third party rights.
3. EveryGunPart.com Rights and Obligations
3.1. We have the right to monitor your site 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 website are appropriate and to further notify 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 Referral Program.
3.2. EveryGunPart.com reserves the right to terminate this Agreement and your participation in the EveryGunPart.com Referral Program immediately and without notice. If any fraud or abuse is detected as determined by us, EveryGunpart.com shall not be liable to you for any commissions for any sale as a result of such fraudulent or abusive actions.
3.3. This Agreement will begin upon our acceptance of your Program application, and will continue unless terminated hereunder. By submitting an application, you agree to be bound by the terms of this Agreement.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party at least 5 days prior written notice. Written notice can be in the form of an email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We reserve the right to terminate this agreement at any time if we believe or suspect you to be abusing the Program in any way, including the gaming of codes or other violations of this agreement. Any commissions outstanding in such cases will be forfeited and your account will be suspended. Additional steps may be taken such as your being barred from placing any orders in the future.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time in our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and EveryGunPart.com's Referral Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in EveryGunPart.com's Affiliate and Referral Program following the posting of any notice of change or new Agreement on our website will indicate your agreement to these changes.
6. Commissions and Payment
Commissions are earned by the participant 30 days after the shipment date of a qualified order placed through the EveryGunPart.com website (https://everygunpart.com).
Qualified purchases are defined as orders which meet all of the following criteria:
Canceled, refunded, fraudulent, or otherwise incomplete orders will result in cancellation of commissions for that order. Orders whose packages which are rejected on delivery, unsigned when signature is required, undeliverable or claimed as lost are considered unqualified orders and do not earn participant commissions.
6.1 Earned commissions can be viewed at any time on the Transaction History page located at https://everygunpart.com/referral/account/history.
6.2 Active referral programs are detailed and can be viewed on the Account Dashboard located at https://everygunpart.com/referral/account/dashboard. Links and discount codes must be used at the time an order is placed and cannot be retroactively attributed to a participant account. Commissions earned by a participant cannot be transferred to another participant account.
Payment (Withdrawal) Requests
6.3 At any time, the participant may request a withdrawal for a minimum of $50 can be made on the Withdrawals page located at https://everygunpart.com/referral/account/withdraw. Payment is made either in the form of a store credit for use on the EveryGunPart.com website or in the form of a check payable to the participant. Mailed check payments may take up to 14 days for delivery.
EveryGunPart.com handles all tracking and payment of the Program internally. No third party is receiving your referral data.
7. Access to your Referral Account Interface
You may access your Program data at any time using your EveryGunPart.com customer account at https://everygunpart.com/referral/account.
8. Promotion Restrictions
8.1. You are free to promote your own website, but any promotion that mentions EveryGunpart.com 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 EveryGunPart.com. For example, advertising commonly referred to as "spamming" is unacceptable 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 or forums 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 EveryGunPart.com so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. You may also post to newsgroups or forums to promote EveryGunPart.com so long as the newsgroup or forum specifically welcomes commercial messages. At all times, you must clearly represent yourself and your website as independent from EveryGunPart.com. 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 EveryGunPart.com Referral Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Participants that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as "everygunpart.com", "everygunpart", "www.everygunpart", "www.everygunpart.com", and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from our Program. We will attempt to contact the participant prior to the ban. However, we reserve the right to expel any trademark violator from our Program without prior notice, and on the first occurrence of such bidding behavior.
8.3. Participants are not prohibited from keying in prospects' information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in EveryGunpart.com products or services).
8.4. Participant shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited EveryGunPart.com's website (i.e., no page from our website or any EveryGunPart.com content or branding is visible on the end-user’s screen). As used herein “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of participant and non-participant commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop-ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, Bing, Yahoo, and similar search or directory engines); (c) set commission tracking cookies through loading of EveryGunPart.com site in IFrames, hidden links and automatic pop ups that open EveryGunPart.com's website; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of participant banners with any other banners, other than those that are on websites 100% owned by the owner of the application.
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, 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 EveryGunPart.com's Referral Program. You agree that all uses of the Licensed Materials will be on behalf of EveryGunPart.com and the good will associated therewith will inure to the sole benefit of EveryGunPart.com.
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
EVERYGUNPART.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING EVERYGUNPART.COM WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF EVERYGUNPART.COM 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 EVERYGUNPARTCOM'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, defend and hold harmless EveryGunPart.com, 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 directly or indirectly out of or are based on (i) any claim that our use of a participant's 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 prior 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 EveryGunPart.com. 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 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 such party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Nevada without regard to the conflicts of laws and principles thereof. Each party consents to the exclusive jurisdiction of courts within the state of Nevada for any dispute related to this Agreement.
15.4. No provision of this Agreement may be amended 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.
15.8. The prevailing party in any action related to this Agreement shall recover its costs and reasonable attorney's fees from the other party.
Updated 3/24/24
