TERMS AND CONDITIONS

This Affiliate Agreement contains the complete terms and conditions between Us, Sportique, and You, regarding your application to participate in the Sportique Affiliate Program, and the establishment of links from Your website, emails and social channels to Our website, sportique.com.

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE SPORTIQUE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

ENROLLMENT IN THE AFFILIATE PROGRAM:

• To begin the enrollment process, You will submit a complete Program Application via Our Website.


• We will evaluate Your application and notify You of your acceptance or rejection.


• We may reject Your application for any reason at Our sole discretion.


• We generally reject applications related to websites that: promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or are intended to harass or defame anyone; or variations or misspellings thereof in their domain names; or


• Otherwise violate Our intellectual property rights or the intellectual property rights of others.


• If Your Application has been accepted, You will receive a welcome email with login details to enter Our secure affiliate center on Refersion.com. From this center, You will be able to download qualifying links and promotional materials as well as access Your reports which will describe the calculation of the affiliate commissions due to You. It is Your responsibility to keep username and password information secure. For purposes of clarification, Promotional Materials is defined as banners, text links, and emails.

AFFILIATE PAYMENT:

• You will receive a Commission for sending authorized sales via Your Links.
• We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time.
• In order to place Links, You must first be approved to become an Affiliate.
• Sportique uses a third party, Refersion.com, to handle tracking and payment.
• Your password will allow You to enter Refersion’s secure affiliate account interface. From their site, You will be able to receive reports that will describe the calculation of the commissions due to You.
• You understand that the Payout amount may be changed at any time.
• You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued.
• Payments are made each month for the previous months' transactions.

TERMS OF THE AGREEMENT:

• The term of this Agreement will begin upon Our acceptance of Your Affiliate Program Application.


• You are only eligible to earn Commission Fees on Qualified Purchases occurring during the term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Products are not cancelled and comply with all Terms laid out in this Agreement.


• We may withhold Your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Sportique in its sole discretion.


• Any Affiliate who violates either this Agreement or Terms and Conditions of sportique.com will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Affiliate Program.


• Without limitation, Affiliate's participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate's violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.


• You may not register or purchase domain names that include Our company’s name or any misspellings or variations of Our company name to run promotions as an affiliate.


• You shall not and are not authorized to (i) use any of the Sportique trademarks, names, and any other intellectual property (or any variations or misspellings thereof or other term or terms confusingly similar to any of the foregoing) (all of the foregoing, including without limitation, the “LINKS” without our express prior written permission; (ii) use Our IP in a domain or website name, in any bids for Keywords or Google Adwords (or similar programs at other search engines ), in any search engine advertising (paid or otherwise) in any metatags, Google Adwords (or similar programs at other search engines), Keywords, Advertising, search terms, code, or otherwise; (iii) cause or create or act in any way that causes or creates or could cause or create any “initial confusion” over the use of Our IP on the internet or in any search engine advertising. Your use of Our IP any manner, other than as expressly permitted hereunder (in addition to being a breach of this agreement) shall constitute unlawful infringement of Our trademarks, copyrights or other intellectual property rights, and may subject You to claims for damages (including without limitation, treble damages for knowing or willful infringement), and the obligation to pay Our legal fees and costs in connection with any action or proceeding in which we seek to enforce our rights under this agreement or with regard to any of our intellectual property rights.


• You will not promote using cookie-stuffing. You may not use cookie stuffing techniques or click-generators that set the tracking cookie without the user actually clicking on the Referral Link. You will not artificially generate clicks or impressions on Your site or create visits on sportique.com, whether by way of a robot or software program or otherwise.


• You will not use spyware, malware, virus and the like: You may not include on Your site, display, or otherwise use Referral Links or other Content that uses any spyware, malware, or virus, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.

ASSETS AND LINKS

• For the purposes of this Agreement, “Link(s)” means the code that Sportique makes available to Affiliate that is used for linking from Your Site, emails and social channels to web pages on sportique.com.


• Affiliate shall only post assets and links as provided by Sportique, made available to Affiliate through the Refersion Network upon Affiliate’s acceptance into the Program.


• Assets include banners, text and emails. You will not add to, delete from or otherwise alter any Assets in any way.


• Affiliate may not use any assets (logos, content, images) found on sportique.com except as noted below.


• Affiliate may use Links within e-mails that Affiliate sends to registered users of the Affiliate Site. Use of such Links is subject to all of the requirements and restrictions respecting Links generally as set forth in this Agreement. E-mails making reference to Sportique, that include Links, or that concern any other aspect of the Program, may be sent only to individuals who have elected to receive such e-mails. “Spamming,” including the sending of unsolicited electronic communications, will not be tolerated and may lead to termination of this Agreement. You will not be entitled to any Referral Fees generated through Spamming tactics. Affiliate shall comply with any and all regulations, statutes and applicable laws of the United States or any other state, country or jurisdiction related to e-mail, and/or electronic communications. It is Affiliate’s responsibility to be aware of all such regulations, statutes and laws.


• You are not allowed to post any refunds, credits or discounts, or other content concerning Sportique, unless We have given You prior written permission in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of Your site to the pertinent area of Our site will in no way alter the look, feel, or functionality of Our site. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in Your termination from the program or withholding of Commissions.

MODIFICATION

• We may modify any of the terms and conditions in this Agreement at any time at 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 Company Affiliate Program rules.


• If any modification is unacceptable to You, Your only option is to end this Agreement.


• Your continued participation in Sportique Affiliate Program following the posting of the change notice or new Agreement on our site will indicate Your agreement to the changes.

INDEPENDENT CONTRACTORS:

• Each of Us shall be deemed to be independent contractors with respect to the subject matter of these Affiliate Terms, and nothing contained in these Affiliate Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. You will not make any statement, whether on Your site or otherwise, that contradicts or may contract anything in this paragraph.

INDEMNIFICATION:

• You hereby agree to indemnify and hold harmless Us and Our 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:


• 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.


• Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by You herein.


• Any claim related to Your site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.

DISCLAIMER:

• We make no express or implied representations or warranties regarding Sportique. Any implied warranties of Sportique ability, fitness for a particular purpose, accuracy, reliability and non-infringement are expressly disclaimed and excluded. In addition, We make no representation that the operation of Our website will be uninterrupted or error free, and We will not be liable for the consequences of any interruptions or errors.

LIMITATIONS OF LIABILITY:

• We will not be liable to You with respect to any subject matter of these affiliate terms 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 you have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in these affiliate terms, in no event shall Our cumulative liability to You arising out of or related to these affiliate terms, whether based in contract, negligence, strict liability, tort, or other legal or equitable theory, exceed the total referral fees paid to you under these affiliate terms.

TERMINATION OF AGREEMENT:

• Either You or Sportique may terminate the Affiliate relationship at any time, with or without cause, by giving the other party written notice. Written notice will be by email.


• You are only eligible to earn Affiliate payments during Your time as an approved Affiliate.


• Company may change the program or service policies and operating procedures at any time.

SEVERABILITY:

If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.