King Shaving Products

AFFILIATE PROGRAM AGREEMENT

PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT (THE “AGREEMENT”) CAREFULLY. BY PARTICIPATING IN THE KING SHAVING PRODUCTS AFFILIATE PROGRAM (THE “PROGRAM”), YOU ACCEPT AND AGREE TO ABIDE BY THESE TERMS. YOU AGREE THAT THE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT ACCEPT THESE TERMS YOU CAN NOT PARTICIPATE IN THE PROGRAM. WHEN USED IN THIS AGREEMENT, THE WORDS “YOUR” AND “YOU” MEAN THE PERSON THAT IS PARTICIPATING IN THE PROGRAM AND THE WORDS “WE,” “OUR,” “US” AND “KING SHAVING” MEAN KING SHAVING PRODUCTS, THE SPONSOR OF THE PROGRAM.

1. Your Application

1.1  You are required to submit an application to participate in the Program. Your submission of an application creates no contractual or other obligation on our behalf. Any such obligation will only be created by our acceptance of your application, which will be solely within our discretion. WE RESERVE THE RIGHT TO REJECT ANY APPLICATION. You will be solely responsible for the accuracy and truthfulness of the information you provide in your application. We will be entitled to rely on any and all such information.

1.2  You will be required to create a unique password (“Password”). You may not make your Password available to others, and agree to accept sole responsibility and liability for maintaining the confidentiality of your Password, for restricting access to your Password and for all activities under your Password.

1.3  In order to participate in the Program, you will be required to represent either that (i) you are eighteen (18) years of age or older or (ii) if you are under eighteen (18) years of age, the parent or guardian named in your registration has consented to your participation in the Program and agreed to be responsible for your participation in the Program.

1.4  We will, and you expressly authorize us to, use the information you provide in your application to: (a) manage your participation in the Program including, without limitation, processing payments and communicating with you about the status of your referrals and payments and (b) communicate with you about other products or programs we offer or other topics we think you might find of interest.

1.5  We will provide all notices to you by e-mail to the e-mail address you specify in your application. It will be your responsibility to notify us if your e-mail address changes. We will provide all notices to you by e-mail from [email protected].

2. The Program

2.1  You will link from the website, blog and/or other social media platforms (e.g., Facebook, Instagram, Twitter, YouTube) specified in your application (your “Sites”) to our website at www.kingshavingproducts.com through a prominent “King Shaving” link, banner or logo.

2.2  You may not place the “King Shaving” link, banner or logo on any Site that: contains sexually explicit materials; discrimination or illegal activities; infringes the copyright, trademark, trade secret or other intellectual property rights of others; violates the privacy or publicity or other personal rights of others; is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive or hateful; or violates applicable laws, in each case as determined by King Shaving in our sole discretion.

2.3  If you are accepted for participation in the Program, we hereby grant you a non-exclusive, non-transferable, limited worldwide license to publicly perform and display the King Shaving name, trademarks and logos on your Sites solely for the purpose of marketing our products. The King Shaving name, marks and logos are the sole property of King Shaving and are protected by trademark and copyright law. All rights reserved.

2.4  You may not offer any discounts or coupons or make any representations with respect to our products without our prior express written approval.

2.5  You or we may terminate your participation in the Program at any time by e-mail notice. After termination, you will remain entitled to payment for any commissions that accrue or have accrued for referrals made prior to termination. If we request, you will disable all links and discontinue any use of the King Shaving name, trademarks or logos.

2.6 Use of Pay-Per-Click (PPC):  PPC campaigns that send people directly to the affiliate’s www.kingshavingproducts.com affiliate link are NOT allowed.  Only Affiliate PPC campaigns that direct traffic to the Affiliate’s own website or content is allowable.  Under no circumstances can Affiliate use PPC to drive traffic to any of King Shaving Products’s trademarks or branded terms, for example, but not limited to: KingShavingProducts.com, King Shaving, www.kingshavingproducts.com, King Beard Oils, Fit For a King, or any variations or misspellings of our trade name or domain keywords.  In the event that King Shaving becomes aware of any unethical behavior, tactics or violations to this requirement, the Affiliate will be immediately banned from King Shaving’s Affiliate Program. While we will notify Affiliate prior about the violation using previously known contact information. However we reserve the right to expel any trademark violator from our Affiliate program without notice starting on the day King Shaving Products becomes aware of the first occurrence of a violation of such PPC bidding behavior.

2.7 Affiliates must use either the custom URL or correct UTM parameters provided by King Shaving whenever linking to Tiege.com for affiliate purposes. King Shaving has the right to 1) refuse commissions that don't have the proper UTM or link parameters and 2) band said affiliate from King Shaving's Affiliate Program without notice.  

3. Payment

3.1  We will pay you the commission specified for the Program in which you participate, as specified in the description of the Program, per section 2, Commissions will be a percentage of the purchase price (not including taxes or shipping) for the first purchase by each purchaser referred by you, provided the purchase is within thirty (30) days of referral. We may change the commission at any time in our sole discretion by e-mail notice, provided that any change will only apply to referrals made after the effective date of the change.

3.2  Payments will be made in United States dollars to the PayPal account specified in your application.

3.3  We reserve the right to reverse commissions due to returns, order cancellations and erroneous order duplications. We also reserve the right to defer or refuse commissions for disputed orders or orders we reject and cannot fulfill.

4. Disclaimer and Limitations

4.1  YOUR PARTICIPATION IN THE PROGRAM IS AS IS AND AS AVAILABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR PARTICIPATION IN THE PROGRAM.

4.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.3 THE TOTAL LIABILITY OF KING SHAVING AND ITS AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS (EACH A “RELEASED PARTY”) FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM WILL NOT EXCEED ONE DOLLAR ($1.00).

5. Indemnity and Release

5.1  As a material inducement to agree to your participation in the Program, you (i) release each Released Party from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to the Program and (ii) indemnify, defend and hold each Released Party harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by such Released Party in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys’ fees and costs.

5.2  If you have a dispute involving the Program with a third party, you release each Released Party from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

5.3  If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

6. Governing Law & Jurisdiction

This Agreement will be governed by and construed under the laws of the State of Pennsylvania, without giving effect to principles of conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. You consent to the exclusive jurisdiction of the state and federal courts in Philadelphia County, Philadelphia in order to settle any claim, action or controversy arising out of or related to this Agreement.