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Ambassador Program Terms & Conditions

These Bully Tools Ambassador Program Terms & Conditions (“Agreement”) govern your (“Your”, “You”, or “Affiliate”) engagement by 100% Made In The USA Bully Tools, Inc. (“Bully Tools”) as an affiliate to promote products or services. This Agreement contains terms that apply to Your application to and participation in the Bully Tools Ambassador Program (“Program”). Bully Tools may amend the Agreement at any time by posting the updated Agreement with or without notice to You. Accordingly, You should refer back to this Agreement from time to time to ensure You remain aware of the current terms and conditions. Your continued engagement with Bully Tools as an affiliate after any Agreement update constitutes Your acceptance of the amended terms.

Responsibilities

It is understood that the Affiliate will introduce Bully Tools products and services to their current and prospective customers and will comply with all laws, including those that govern email marketing and anti-spam laws.

The Affiliate will be fully responsible for any costs related to maintaining or marketing the Affiliate Program, including but not limited to costs associated with creation, hosting, modification, or improvements to the Affiliate’s website; cost of internet marketing; offline marketing costs; postage; and all other costs and expenses.

Bully Tools reserves the right to accept or reject any prospective customers. It will pay the Affiliate a commission per customer referred using an affiliate code and according to a designated payment schedule.

Partnership

The Affiliate will act as an agent on behalf of Bully Tools by placing links on their website(s) to direct traffic to the Bully Tools website registered at (bullytools.com). In addition, the Affiliate shall coordinate with Bully Tools to carry out successfully the marketing, publicizing, and promotion of Bully Tools’s products or services.

Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Program will be available on the Bully Tools website. Accordingly, the Affiliate must keep themselves informed of any amendments of Affiliate Programs, particularly if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.

Agreement Terms

  • The term of this Agreement will begin upon Bully Tools acceptance of the Affiliate’s application.
  • The Affiliate is 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 and services are not cancelled and comply with all terms laid out in this Agreement.
  • Bully Tools may withhold your final payment of commission fees for a reasonable time to ensure that all qualified purchases are valid.
  • Any Affiliate who violates either this Agreement or Bully Tools’ Terms and Conditions will immediately forfeit their right to all accrued commission fees and be removed from Bully Tools Affiliate Program.
  • Without limitation, the Affiliate’s participation in the program and this agreement shall be deemed automatically terminated immediately and all commissions forfeited upon the Affiliate’s violation of any of the terms of this Agreement or any applicable law or regulation having the force of law.

Confidentiality

The Affiliate promises and agrees to hold any confidential information in strict confidence and trust for the sole benefit of Bully Tools, both during the term of this Agreement and at all times thereafter, and shall not use such confidential information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties according to this Agreement, without Bully Tools’ prior written consent.

The Affiliate shall not disclose any confidential information to any person or entity, other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than this Agreement without Bully Tools’ prior written consent.

The Affiliate’s obligations include taking all actions necessary to ensure that any affiliates, employees, contractors, or agents abide by the terms of this section in their entirety.

Confidential information does not include information that:

  1. is or becomes publicly known through lawful means;
  2. was rightfully in provider’s possession or part of the Affiliate’s general knowledge before the effective date of this Agreement; or
  3. is disclosed to the Affiliate without confidential restriction by a third party who rightfully possesses the information (without confidential restriction) and did not learn of it, directly or indirectly, from Bully Tools.

Indemnification

The Affiliate hereby agrees to indemnify and hold harmless Bully Tools, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any 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 rights of any third party.
  • Any claim related to the Affiliate’s site, including, without limitation, its development, operation, maintenance, and content therein not attributable to Bully Tools.
  • Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein.

Enrollment

To register for the Affiliate Program, the recipient must complete and send an Affiliate Program Application to Bully Tools. The Affiliate Program Application is included on the Bully Tools website and can be completed and submitted through the site.

Bully Tools will evaluate the application and notify the Affiliate of their acceptance or rejection. Bully Tools may reject the application for any reason at their sole discretion.

Without limiting the ability to reject any application for any reason at Bully Tools’ absolute discretion, the Affiliate application will be rejected if:

  • The application is incomplete.
  • The Affiliate website contains images or content that promotes violence or discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation, or age.
  • The Affiliate website promotes illegal activities or is intended to harass or defame any person.
  • The Affiliate website intentionally includes variations or misspellings thereof in their domain names or otherwise violates Bully Tools’ intellectual property rights or the intellectual property rights of others.

If Bully Tools rejects the Affiliate’s application, the Affiliate is welcome to reapply to the program at any time.

However, if Bully Tools accepts the application, they reserve the right to terminate the Affiliate’s participation in the program for any reason at their sole discretion immediately and without prior notice.

Modification

Bully Tools may modify any of the terms and conditions in this Agreement at any time at their sole discretion. In such an event, Bully Tools will notify the Affiliate by email. Modifications may include but are not limited to changes in the payment procedures and Bully Tools Affiliate Program rules.

If any modification is unacceptable to the Affiliate, their only option is to end this Agreement. Continued participation in the Bully Tools Affiliate Program following the notification of change or new Agreement posting on our site will indicate your agreement to the changes.

Payment

Bully Tools makes no representations or warranties regarding potential income that may result from the Affiliate Program. Commissions will be paid to the Affiliate based on customers who access Bully Tools website through the Affiliate’s site.

Commissions will be based on gross sales price, not including any sales tax, shipping, special service fees (such as gift wrapping), late charges, collection costs, and any other payment made to Bully Tools that is not the purchase price of the product.

The percentage paid as commissions is outlined in Schedule A (attached to this agreement). Payments are made automatically on the (insert day) day of each month OR when the Affiliate’s account balance reaches $(insert amount) or more for the previous months’ transactions. The Affiliate understands that Bully Tools may change the payout amount at any time.

The Affiliate is responsible for determining if the payout for a link they placed on their site has changed or been discontinued. Bully Tools reserves the right to deduct the costs for any products that are returned or refunded in the subsequent months, attributable to credit card fraud or bad debt write-off, or for any other reason if the previous commission was overpaid.

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 to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.

Applicable Law

The laws of the States and Country will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in [Sender.City], [Sender.State] and the Affiliate irrevocably consents to the jurisdiction of such courts.

The Affiliate may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Bully Tools’ failure to enforce the Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of Bully Tools’ right to subsequently enforce such a provision or any other provision of this Agreement.

Termination

Either the Affiliate or Bully Tools may terminate the Affiliate relationship at any time. The Affiliate is only eligible to earn Affiliate payments during their time as an approved Affiliate. Bully Tools may change the program or service policies and operating procedures at any time.

IN WITNESS WHEREOF,
Bully Tools has caused this Agreement to be signed by a duly authorized officer, and the Affiliate has affixed their signature hereto.

Entire Agreement

This Agreement sets forth the entire agreement and understanding between the Affiliate and Bully Tools relating to the subject matter hereof and thereof and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between the Affiliate and Bully Tools, written or oral, to the extent they relate in any way to the subject matter hereof.