Terms & Conditions of BRIK Instruments AffiliateProgram
By submitting the registration information, you acknowledge that you have read and agree to the terms and conditions of this Agreement. In this Agreement, all references to "you" and "your" refer to the Affiliate and all references to "we", "us", and "our" refer to BRIK Instruments North America LLC.
Referral Commission
You will earn referral commissions for sales on our website that originated from your links. Commission is calculated as a percentage of all sales for which we have received payment in full less any returns or credits. All referral commissions will be paid to you via PayPal.
Returns and Credits
If there is a return after the referral commission has been paid, the referral commission will be deducted from the commission that is currently due to you. If there is no commission due to you for a period of three (3) months you will be billed for the respective amount.
Order Processing
We will be solely responsible for processing orders placed by customers that come through your link(s). Order forms, payment, processing, delivery of the products, and handling all customer questions and requests, including cancellations and returns are our responsibility. We reserve the right to reject the orders that do not comply with our rules, policies and operating procedures.
Access to Your Account
On the Application Form, you will be requested to select a User ID and Password in order for you to access your account in our Affiliate Center. Here you will be able to receive details on your account.
Promotional Activities
You are encouraged to promote our website in various acceptable ways such as through banners, text links, recommendations, or offers through your newsletters to subscribers and clients. You agree NOT to promote BRIK Instruments through unsolicited emailing (spamming) or any other method of mass communication. Our policy does not tolerate the use of SPAM. In the event that you violate this policy we will have to terminate this agreement immediately and your rights to any commission or rank in our affiliate program.
Affiliate Website
You shall be solely responsible for creating, operating and maintaining your website at your own expense. You acknowledge and agree that your site will NOT:
infringe or violate any applicable law, rule or regulation;
be defamatory, offensive or controversial;
be obscene or pornographic;
violate any laws regarding false advertising
Copyrighted Materials, Trademarks
You are solely responsible to make sure that your site observes all applicable copyright, trademark and other laws. You must have express permission to use another party's copyrighted material. We will not be responsible if you use another party's copyrighted material in violation of the law. BRIK Instruments reserves the right to delete those accounts, which are found to be in violation of these rights.
Grant of Rights
We grant you the right to use our Trademarks and Trade Name in connection with the marketing and sales of BRIK Instruments during the term of this Agreement. Purchasers from the affiliate program become the customers of BRIK Instruments and affiliate partners are entitled to the commission earned on purchases made according to the affiliate program terms. Both parties agree to use Trademarks, Trade Names, titles, and logos in the appropriate manner that will not portray either party in any negative light.
Term and Termination of Agreement
The term of this Agreement will begin on the date that we receive and accept your application. Either party may terminate the Agreement at any time by written notice to the other. Written notice can be in the form of mail, email or fax.
Modifications
We reserve the right to change the terms and conditions of this Agreement at any time and in our sole discretion, by posting a new agreement on our site. If you do not accept the new Agreement, you are advised to terminate this Agreement.
Confidentiality
We may disclose to you certain information as a result of your participation in the Affiliate Program, which we consider to be confidential (herein referred to as "Confidential Information"), which shall include, without limitation, sales information, business and financial information, product designs, customer and vendor lists, and pricing information concerning us, you, Affiliate Customers, or any of our affiliates. Confidential Information shall remain strictly confidential and secret and shall not be used, directly or indirectly, by you for your own business purposes or for any other purpose, except and solely to the extent that any such information is generally known or available to the public through a source or sources other than you or your affiliates. Notwithstanding the foregoing, you are hereby authorized to deliver a copy of any such information to any person pursuant to a subpoena issued by any court or administrative agency; to your accountants, attorney, or other agents on a confidential basis; otherwise as required by applicable law, rule, regulation, or legal process
Warranties
You represent and warrant that:
you have the full right, power and authority to enter and be bound by the terms and conditions of this Agreement;
you have the sufficient right, title and interest in and to the rights granted to us in this Agreement;
Indemnification
You agree to indemnify and hold BRIK Instruments and its respective directors, officers, employees, agents and representatives harmless from any and all claims, suits, actions or other proceedings brought against BRIK Instruments based on or arising from any claim that our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or resulting from your breach of this Agreement. You will pay any and all costs, damages, and expenses, including but not limited to reasonable attorney's fees and cost awarded against or otherwise incurred by BRIK Instruments in connection with or arising from any such claim, suit, action or proceeding.
Limitation of Liability
We will not be liable to you for any indirect, incidental, special or consequential damages of any kind (including, without limitation, loss of revenue or goodwill or anticipated profits or lost of business) under or with respect to this Agreement.
Governing Law and Other Miscellaneous Terms
Each party is an independent contractor and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. This Agreement is not assignable or transferable without prior written consent from us. These terms shall be governed by and construed in accordance with the laws of the state of Utah, without giving effect to any principles of conflicts of law. You agree that any action at law or inequity arising out of or relating to these terms shall be filed only in the state or federal courts located in Utah and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and BRIK Instruments relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties.
