War Zone Affiliate Agreement
Please read all of these terms and conditions carefully.
This Agreement contains the complete terms and conditions that apply to an individual's
or entity's participation in the Mountain Recon Affiliates Program (the "Program"). As used in this Agreement,
"we" means War Zone Gaming Terrain Systems. (owner of the war-zone.com website), "you" means
the applicant, and "merchandise" means any item offered for sale on the war-zone.com website. "Site"
means a World Wide Web site and, depending on the context, refers either to War Zone's site (http://www.war-zone.com/)
or to the site that you will link to our site.
1. Enrollment in the Program
To begin the enrollment process, you must submit a completed Application form. We will evaluate your application
in good faith and will notify you via email of your acceptance or rejection in the Program. We may reject your
application if we determine at our sole discretion that your Site is unsuitable for the Engagement. Unsuitable
sites include sites that:
- promote sexually explicit materials;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation,
- promote illegal activities;
- violate intellectual property rights.
If we reject your application, you are welcome to reapply to the Program at any time. We
will review your application again at that time.
2. Links on Your Site
As a War-Zone.com Affiliate, we will make available to you on your Site banners which are subject to the terms
and conditions hereof. You may post as many Links to our Site as you like. The position, prominence and nature
of Links on your Site shall comply with any requirements specified by us, but otherwise will be at your discretion.
You will link your Site to areas within our Site using special URLs specified by us.
A "Qualifying Link" is a direct link from your Site to our Site using one of
the Required URLs or any other URL provided by us if it is the last Link to our Site.
At any time, we may with or without notice (a) change, suspend or discontinue any aspect
of an Engagement or (b) remove, alter, or modify any graphic or banner ad submitted by us for an Engagement. You
agree to promptly implement any request from us to remove, alter or modify any graphic or banner ad submitted by
us that is being used by you as part of an Engagement.
You agree not to make any representations, warranties or other statements concerning us,
our Site, any of our products or services, or our Site policies, except as expressly authorized by us.
You are responsible for notifying us via email at email@example.com of any malfunctioning of the Required URLs or other problems with your participation in the Engagement.
3. Our Responsibilities
We shall have the sole right and responsibility for processing all orders made by Customers. We will prepare order
forms; process payments, cancellations, and returns; and handle customer service. You acknowledge that all agreements
relating to sales to Customers shall be between us and the Customer.
4. Credit and Commissions
We agree to afford you a credit or commission, at the rate set forth below, on Net Sales to customers who access
our Site and purchase merchandise via a Qualifying Link. For purposes of this Agreement, "Net Sales"
shall mean the amount invoiced to the customer minus costs for product returns, bad debt, taxes, service charges,
and credit card fraud.
Commissions are only available to United States residents.
War-Zone.com utilizes cookies to maintain the user's connection when the user logs in with
War-Zone.com. Cookies allow War-Zone.com to track referred users through their purchase for the duration of their
browser session. This cookie is also tracked on future return visits to War-Zone.com by the user. If a user does
not have cookies enabled through their browser, War-Zone.com is unable to track the user's activity. If a user
does not have cookies enabled when a user links from your Site to War-Zone.com, the user will not be tracked.
5. Credit and Commission Determination
We will afford you credit or commissions on the Net Sales amount (defined above) according to the following rates.
Credit: Fifteen percent (15%) of Net Sales.
Commission: 5% of Net Sales.
6. Credit and Commission Payment Schedule
Credit or Commission can be redeemed at any time. The minimum payout for commissions is $25.00. Payouts of amounts
of less than $25.00 can only be sent when you have terminated membership with War-Zone Mountain Recon. All request
must be made in writing and sent via traditional mail or e-mail.
However, any shipping costs that are incurred during a Terrain Credit redemption cannot
be paid for with Terrain Credit. Shipping costs are your responsibility.
In the event that a product that generated a credit or commission is returned by the customer,
we will deduct the corresponding referral credit from your available credit or commissions.
7. Ownership and Licenses
Each party owns and shall retain all right, title and interest in its names, logos, trademarks, copyrights and
proprietary technology, including without limitation, those names, logos, trademarks, service marks, trade dress,
copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
We grant you a revocable, non-exclusive, license to use the name, logos, trademarks, service
marks, trade dress and proprietary technology on your Site solely for the purpose of creating links from your Site
to War-Zone.com's Site during this Agreement. Except as expressly set forth in this Agreement or permitted by applicable
law, you may not copy, distribute, modify, reverse engineer, or create derivative works from the same. You may
not sublicense, assign or transfer any such licenses for the use of the same, and any attempt at such sublicense,
assignment or transfer is void.
You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce and transmit
any graphic or banner ad submitted by you solely for co-branding purposes or as a return link from our Site to
your Site. We will remove such graphic or banner ad upon your request.
8. Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of War-Zone.com. Accordingly, all
War-Zone.com rules, policies, and operating procedures concerning customer orders, customer service, and product
sales will apply to those customers. We may change our policies and operating procedures at any time. For example,
we will determine the prices to be charged for products sold under this Program in accordance with our pricing
policies. Product prices and availability may vary from time to time due to special promotions, discounts, data
errors, etc. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee
the availability or price of any particular product.
9. Your Responsibilities
You will be solely responsible for the development, operation, and maintenance of your Site and for all materials
that appear on your Site. Among other things, this includes ensuring that reviews, product descriptions, and articles
on your Site comply with all applicable copyright and other laws. You must have express permission to use another
party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted
or other proprietary material in violation of the law.
The Term of an Engagement (defined above) will begin upon our acceptance of your approval of an Offer (defined
above) we make to you. Either party may terminate any Engagement at any time by notifying War-Zone.com by sending
an e-mail to firstname.lastname@example.org. Termination
of an Engagement shall not terminate this Agreement or any other Engagement.
The Term of this Agreement will begin upon our acceptance of your Program application and
last until the Agreement is terminated by either party. Either party may terminate this Agreement at any time,
for any reason, provided that they provide at least five day's prior written notice of such termination to the
other party via email. Termination of this Agreement shall also terminate any outstanding Engagements. However,
all rights to payment, causes of action and any provisions, which by their terms are intended to survive termination,
shall survive termination of this Agreement.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion,
by posting a change notice or a new Agreement on our Site. Modifications may include, for example, changes in the
scope of available referral fees, fee schedules, payment procedures, and Engagement rules. IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE
ENGAGEMENT FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
Each party represents to the other that (a) it has the authority to enter into this Agreement and sufficient rights
to grant any licenses granted hereby, and (b) any material which is provided to the other party and displayed on
the other party's Site will not (i) infringe on any third party's copyright, patent, trademark, trade secret or
other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance
or regulation; (iii) be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding
unfair competition, anti-discrimination or false advertising; or (vi) promote violence or contain hate speech;
or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE ENGAGEMENT OR ANY MERCHANDISE SOLD
THROUGH THE ENGAGEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF WAR-ZONE.COM WILL BE UNINTERRUPTED
OR ERROR FREE, AND WE SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
You hereby agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, employees and
agents, from and against any and all liability, claims, losses, damages, injuries or expenses relating to the development,
operation, maintenance and contents of your Site.
We hereby agree to indemnify, defend and hold harmless you and your affiliates, directors,
officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses
relating to a defect in any of our products.
15. Limitation of Liability
In no event shall we be liable to the other party for any direct, indirect, special, exemplary, consequential or
incidental damages, even if informed of the possibility of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Engagement will not exceed the total commissions paid or payable to you
under this Agreement.
This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of
Michigan. Any action relating to this agreement must be brought in the federal or state courts located in Michigan,
USA and you irrevocably consent to the jurisdiction of such courts.
You may not assign this agreement, by operation of law or otherwise, without our prior
written consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and enforceable
against the parties and their respective successors and assigns. Our failure to enforce your strict performance
of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision
or any other provision of this agreement.
If you need to send official correspondence, send it to the attention Affiliates Program:
War Zone GTS
Attn: Affiliates Program
PO Box 368
Bunker Hill, WV 25413-0368
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMERS ON TERMS THAT MAY DIFFER FROM
THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE ENGAGEMENT AND ARE NOT RELYING ON ANY REPRESENTATION,
GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Introduction | Online Application
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