Home / Knowledge! / Reference / Affiliate Program Terms & Conditions

Affiliate Program Terms & Conditions

 

Last Updated: December 9, 2022

Please review the following terms and conditions carefully.
If you have any questions, email us at [email protected].

Overview

These Affiliate Program Terms and Conditions (“Terms” or also referred to as this “Agreement”) contain the complete terms and conditions that apply to you becoming an affiliate in CustomCat’s Affiliate Program (the “Affiliate Program”). In these Terms, “CustomCat,” “we,” “us,” and “our” refer to MyLocker.com, LLC dba CustomCat.com, and “you,” “your,” and “yours” refer to you or the company or entity to represent, the affiliate.

Acceptance of Terms

By submitting the online application to become an affiliate in CustomCat’s Affiliate Program, indicating your acceptance of these Terms, or accessing or using the Services, you are agreeing that you have read, understand, and agree to these Terms. The Services are offered and provided subject to your acceptance of these Terms and all other operating rules, policies, guidelines, and procedures that may be published from time to time by CustomCat related to the Services (including, without limitation, CustomCat’s Privacy Notice and brand guidelines) which are available on our affiliate site at https://customcat.partnerstack.com/ and incorporated herein by reference. If you do not agree to these Terms, you may not use the Services. You agree that these Terms are enforceable like any written agreement signed by you.

You must be authorized to sign for and bind the company or entity you represent in order to accept these Terms, and you represent and warrant that you have the authority to do so. The rights granted under these Terms are expressly conditioned upon acceptance by such authorized personnel.

Affiliate Obligations

To begin the enrollment process, you will complete and submit the online application at the CustomCat affiliate site. Auto-approved applications do not prohibit re-evaluation of your application at a later time and we may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Affiliate Program, including if it:

  • Promotes sexually explicit materials
  • Promotes violence
  • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promotes illegal activities
  • Incorporates any materials that infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
  • Includes “CustomCat” or variations or misspellings thereof in its domain name
  • Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion
  • Contains software downloads that potentially enable diversions of commission from other affiliates in our program
  • 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 CustomCat or any other affiliated business
  • Operates as a coupon website

As a member of the Affiliate Program, you will have access to our affiliate site and related services (collectively, the “Services”). Here you will be able to review our Affiliate Program’s details, download HTML code (that provides affiliate links to web pages within the CustomCat web site), and download creative and branded assets for promotion. In order for us to accurately keep track of all guest visits from your site to ours, you MUST use the HTML code that we provide for each banner, text link, or other affiliate link we provide to you.

We reserve the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the brand guidelines provided to you on our affiliate site.

The maintenance and the updating of your site is your sole responsibility.

It is your sole responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We are not responsible if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.

You are prohibited from creating individual groups or specific web pages in social communities, social network sites, and other social media to publicize our offers.

CustomCat Rights and Obligations

We have the right to monitor your site at any time to make sure that it is up-to-date, to determine if you are complying with these Terms, and to make sure that your links to our web site are appropriate. We may notify you of any changes to your site that we feel should be made or any recommendations to enhance your Affiliate Program performance. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in our Affiliate Program.

We reserve the right to terminate this Agreement and your participation in our Affiliate Program immediately upon written notice to you should you commit fraud in your use of the Affiliate Program or should you abuse the Affiliate Program in any way. If such fraud or abuse is detected, we will not be liable to you for any commissions for such fraudulent sales or abuse.

Term and Termination

Your participation in our Affiliate Program will begin upon our acceptance of your application and will continue unless terminated as stated in these Terms. Either you or we may end this Agreement and your participation in our Affiliate Program AT ANY TIME, with or without cause, by giving the other party written notice.

Modification

We may modify any of these Terms (including any applicable rules, policies, guidelines, and procedures incorporated herein) at any time in our sole discretion. If modifications are made to these Terms, we will provide you notice of these changes by sending an email or posting an announcement in the affiliate site. Modifications may include, without limitation, modifications to the payment procedures and Affiliate Program rules. If any modification is unacceptable to you, your option is to end your Affiliate Program participation. Your continued participation in the Affiliate Program following notice of a modification will constitute your acceptance and agreement to the modification.

Commission and Payment

You will be paid a commission on a monthly basis which will be calculated at the end of each month. Commission will be calculated only on the product cost which excludes shipping, refunds, and returns. The amount of the commission you will be paid is stated in our affiliate site.

Access to Affiliate Account Interface

You will create a username (email address) and password to access our secure affiliate interface. From this site you will be able to review and download your reports that will detail your referral activity, sales activity from your referrals, and calculate the commissions due to you.

Restrictions

Except as expressly specified in the Terms, you shall not (i) make derivative works of, disassemble, reverse compile, and/or reverse engineer any part of the Services; (ii) modify, copy, reproduce or otherwise duplicate, distribute, republish, download, disclose, encumber, time-share, sublicense, sell, assign, rent, lease, transfer, display, post, and/or transmit the Services or any part of the Services in any form and/or otherwise commercially exploit the Services, in whole or in part; (iii) frame and/or utilize framing techniques to enclose any trademark, logo, and/or other portion of the Services (including images, text, page layout, and/or form); (iv) use any metatags and/or other “hidden text” using our name and/or trademarks; (v) use any manual and/or automated software, devices and/or other processes (including, without limitation, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” and/or download data from any pages contained in the Services; (vi) use and/or access the Services in order to build a similar and/or competitive website, product, and/or service; (vii) remove and/or destroy any copyright notices and/or other proprietary markings contained on and/or in the Services; (viii) intentionally hold CustomCat and/or its employees and/or directors up to public scorn, ridicule and/or defamation; (ix) promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property; (x) take any action that imposes or may impose (as determined by us in our sole and absolute discretion) an unreasonable and/or disproportionately large load on our (and/or our third party providers’) infrastructure; (xi) run any form of auto-responder and/or “spam” on the Services, or use the Services to conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, or unsolicited e-mail or multi-level marketing campaigns; (xii) use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided; (xiii) access, store, distribute or transmit any viruses, malware, or other harmful material during the course of your use of the Service; (xiv) make the functionality of the Services available to multiple users through any means, including, without limitation, distribution of the Services or by uploading the Services to a network and/or file-sharing service and/or through any hosting, application services provider and/or any other type of service; and/or (xv) circumvent or disable any security or technological features or measures of the Services. You will comply with any technical restrictions on the Services that allow you to use the Services only in certain ways. Any unauthorized use of the Services terminates the rights granted by us pursuant to these Terms.

Self Affiliation

Self-referrals for affiliate or merchant accounts are strictly prohibited. You cannot refer yourself as a merchant with us and receive commissions or bonuses of any type.

Grant of Licenses

We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site and other Services 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 and authorize for use in connection with such links. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Affiliate Program. You agree that your uses of the Licensed Materials will be on our behalf and the goodwill associated therewith will inure to our sole benefit. You may not alter or change the License Materials in any way.

You agree not to use our Licensed Materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays us in a negative light. We own all rights, title, and interests, including intellectual property rights, in and to the Licensed Materials covered by this license. Other than the license granted in these Terms, we retain all right, title, and interest to the Licensed Materials and no right, title, or interest is transferred to you.

Disclaimer

We make no representations or warranties, expressed or implied, regarding the Service or our website, or any products or services provided therein. Any implied warranties of merchantability, 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 or the affiliate site will be uninterrupted or error free and will not be liable for the consequences of any interruptions or errors.

Affiliate Representations and Warranties

You represent and warrant that you have the full right, power, and authority to enter into and be bound by these Terms and to perform your obligations under these Terms, without the approval or consent of any other party.

Assignment

You may not assign, transfer, delegate, or subcontract any of your rights or obligations under this Agreement without our prior written consent. Any purported assignment, transfer, delegation, or subcontract in violation of this section will be null and void. We may at any time assign, transfer, delegate, or subcontract any or all of its rights or obligations under this Agreement without your consent. This Agreement will insure to the benefit of and be binding upon each of the parties and each of their respective permitted successors and permitted assigns.

Limitations of Liability

We will not be liable to you with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal obligation for any indirect, incidental, consequential, special, or punitive damages (including, without limitation, loss of revenue, goodwill or anticipated profits or lost business), even in the event of advisement of such possibilities. Further, notwithstanding anything to the contrary in this Agreement, in no event will our cumulative liability to you arising out of or related to this Agreement, whether based in contract, negligence, strict liability, or other legal obligation, exceed the total commission fees paid to you under this Agreement in the previous 12 month period.

Indemnification

You hereby agree to indemnify and hold harmless CustomCat, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, from and 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 (i) any breach by you of a representation, warranty, covenant, or other obligation under these Terms, or (ii) any claim related to your site, including, without limitation, content therein not attributable to us.

Confidentiality

All information that either party may consider to be confidential, proprietary, and/or a trade secret, including, without limitation, any business, technical, financial, or customer information, disclosed by one party to the other in connection with the performance of this Agreement will remain the sole property of the disclosing party. Each party will keep in confidence the confidential information of the other party and will not use or disclose (except in performance of the Services or as otherwise permitted in this Agreement) confidential information of the other party without express written permission of the other party.

General

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 us. You will not make any statement, whether on your site or otherwise, that contradicts the foregoing.

This Agreement will be governed by and interpreted in accordance with the laws of the State of Michigan without regard to the conflicts of laws and principles thereof. The parties agree that any litigation arising between the parties in relation to this Agreement will be initiated and maintained in the Circuit Court of the County of Wayne, Michigan, or the U.S. District Court for the Eastern District of Michigan, Southern Division, and the parties hereby irrevocably submit to the exclusive jurisdiction and venue of such courts.

All amendments and waivers of any provision of this Agreement must be in a writing and signed by both parties, except as otherwise provided under the Section title “Modification” in this Agreement.

All notices required to be given in writing must be delivered by mail, courier, or email. Notices to us must be to [email protected] or 1300 Rosa Parks Blvd, Detroit, MI 48216, Attn: Legal. We will send notice to you to the email and address you provided in the application or at such other address as may be given in writing by you in accordance with this section. Notices related to termination of this Agreement or any claims (including without limitation breach, warranty or indemnity) may not be given via email.

This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

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.

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.