FUTURE FORGED AFFILIATE AGREEMENT
We at Future Forged are excited to have you join our affiliate program and provide you with access to and use of our websites, applications, content, Products, goods, equipment, services, promotions, and any other materials (collectively, “Future Forged” or “Affiliate Program”) that we may provide. THE FUTURE FORGED AFFILIATE PROGRAM IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 18.
1. Contract Between you and Future Forged.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the Future Forged Affiliate Program for the purpose of selling our products (the “Products”). The primary purpose of this Agreement is to allow HTML linking between your online promotions, blog posts, web sites, email promotions, or otherwise and the Future Forged web site ( the “Future Forged Website”) (and/or the website of a Third Party as defined below) to promote and sell our Products.
Please note that throughout this Agreement, “we,” “us,” and “our” refer to Future Forged, and “you,” “your,” and “yours” refer to you as the affiliate. These terms and conditions of use form a legally binding agreement between you and Future Forged (the “Agreement”), and govern your use and access to the Future Forged web assets and any other technology, items or other materials on which these terms are posted on the Future Forged website. BY ENTERING YOUR INFORMATION AND SUBMITTING TO JOIN OUR AFFILIATE PROGRAM, YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT, AND ANY AMENDMENTS THERETO, AND YOU ALSO AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE. Any supplemental terms and conditions will be disclosed to you (either in writing or by posting on the Future Forged web site) in connection with such other activities and shall govern such activities.
2. Term of this Agreement and Termination of this Agreement
The term of this Agreement (the “Term”) will begin upon our approval and acceptance of your Affiliate Application Form to be an affiliate in our Affiliate Program (wherein you have offered to be an affiliate and agreed to the terms and conditions of this Agreement by entering your information and submitting to our Affiliate Program), and this Agreement will end when terminated as described herein. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other at least three (3) days written notice of termination (written notice may be in the form of mail or email). You are only eligible to earn commissions (pursuant to Section 3 below) on sales occurring during the Term.
3. Commissions to you.
Future Forged is pleased to offer you an extremely generous proportion of our sales revenue for purchases from customers that you direct to our websites. During the Term of this Agreement, we will pay you a twenty percent (20%) net commission on purchases from customers who purchase our Products through your affiliate links between your efforts and the Future Forged Website.
Sales commissions are based on calendar months from Day 1 to the last Day of the month. Any affiliate generating $1,000 in net sales in a calendar month will be paid a 50% commission bonus for a total of 30% on all sales generated. For example, if $1,200 in sales were generated in July, the commission would be $240 (20%) plus $120 (50% bonus on paid commission) for a total of $360 (30%).
For purposes of this Agreement, net commission shall mean the percentage of actual post-coupon and post-discount sales of Products pursuant to this paragraph that have been paid for by a customer, and no returns or chargebacks have occurred. You are not entitled to any commissions on shipping costs, taxes and any orders that are returned, or where we do not retain funds for such purchase due to a chargeback or any other reason. If we happen to pay you commissions on purchases that are returned, we have the absolute right to clawback any and all such commissions or have you return to us such commissions. We will pay all commissions through PayPal but reserve the right to change payment methods. Commissions shall be paid 45 days following the close of each calendar month to allow time for returns and/or refunds. We will pay commissions once a month, but only when the balance you are due pursuant to this Agreement exceeds $25; we are not obligated to pay out any balance under $25 until such time that your earnings balance is $25 or more.
4. Changes to Agreement.
We may in our sole and absolute discretion change the terms and conditions of this Agreement from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the Future Forged Website; however, for existing affiliates of Future Forged, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue use of the Future Forged affiliate program. By continuing to use any Future Forged web assets after any changes are posted (or after 30 days as stated above), you expressly accept any applicable changes. Please note our employees, customer service representatives or other agents are not authorized to modify any provision in this Agreement, either verbally or in writing.
5. Future Forged’s Intellectual Property; Limited License to Future Forged.
You acknowledge and agree that the Future Forged website, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom, are owned by Future Forged. Furthermore, you acknowledge and agree that the source and object code of certain Future Forged web assets and any format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of Future Forged. You expressly agree that you will do nothing inconsistent with Future Forged’s ownership of the Future Forged web assets and that you gain no rights, title, or interest in or to any Future Forged web assets, except as stated in this Agreement. In addition, except as expressly set forth in this Agreement, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Future Forged or any third party.
B. Limited License.
For any Future Forged offers that enable you to use any software, content, or other materials owned or licensed by us, only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Future Forged assets, and any related software, content, or other materials.
You are prohibited from, and expressly agree that you will not: (1) circumvent or disable any content protection system or digital rights management technology used with any Future Forged promotional asset or Third Party services; (2) decompile, reverse engineer, disassemble or otherwise reduce any Future Forged assets to a human-readable form; or (3) remove identification, copyright or other proprietary notices in or on the Future Forged assets. You agree that you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Future Forged promotional assets.
D. Third Party Services and Content.
6. User Conduct.
YOU MAY NOT USE THE WORD “FUTURE FORGED” IN ANY domain name/URL’S or email addresses nor any names, logos, phrases/taglines and/or any material created by Future Forged. YOU MAY NOT ALTER THE FUTURE FORGED LOGO IN ANY WAY WHEN POSTING ON YOUR WEBSITES OR PROMOTIONS. You are free to promote your own web sites, but any promotion that mentions Future Forged could be perceived by the public or the press as a joint effort. Certain forms of advertising are always prohibited by Future Forged. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once.
In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Future Forged so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Future Forged so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Future Forged.
If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Future Forged Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Future Forged, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Future Forged’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
In using any Future Forged assets, and in particular, our website, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent: copy, reproduce, or improperly use or access any content on our websites; modify, distribute, or re-post any content on our websites for any purpose; or use the content on our websites for any commercial exploitation of non-Future Forged Products whatsoever; disrupt or interfere with the security of, or otherwise abuse, our websites, or any services, system resources, accounts, servers, or networks connected to or accessible through our websites or affiliated or linked sites; access content, data or portions of our websites which are not intended for you, or log onto a server or account that you are not authorized to access; attempt to probe, scan, or test the vulnerability of Future Forged assets, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization; access any Future Forged web assets through any automated means, such as “robots,” “spiders,” or “offline readers”; interfere or attempt to interfere with the use of our websites or applications or the Future Forged web assets by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our websites; harass, “stalk”, disrupt or interfere with any other user’s enjoyment of our websites or affiliated or linked sites; upload, post, or otherwise transmit through or on our websites any viruses or other harmful, disruptive, or destructive files; use, frame, or utilize framing techniques to enclose any Future Forged trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Future Forged’s express written consent; use meta tags or any other “hidden text” utilizing an Future Forged name, trademark, or product name without Future Forged’s express written consent; deeplink to our websites without Future Forged’s expressed written consent; harvest or otherwise collect information about Future Forged users, including email addresses and phone numbers; download, “rip,” or otherwise attempt to obtain unauthorized access to any Future Forged web asset, content or other materials; and post any copyrighted material unless the copyright is owned by you. Moreover, you will not make, or allow to be made, directly or indirectly (whether by oral assertions or published in any form of media) any false, misleading, derogatory or disparaging representations and/or statements with respect to the Products, or Future Forged and its respective officers, employees, agents, subsidiaries and/or parent companies; you shall not engage in any trade practices which may have an adverse effect upon the image, credibility and/or reputation of the Products, Future Forged and its respective officers, employees, agents, subsidiaries and/or parent companies.
7. Indemnification; Limitation of Liability.
A. To the fullest extent permitted by law, you shall indemnify and hold harmless Future Forged and each of its respective officers, officials, employees, agents, affiliates and volunteers from any and all losses, fines, penalties, forfeitures, liabilities, attorney’s fees, expenses and damages, whether constitutional, statutory, in contract, tort or strict liability, collectively referred to as a “Claim” arising from, resulting from or in connection with either: 1) your violation of any terms and conditions within this Agreement, or a breach of this Agreement by you, 2) your negligence or willful misconduct, 3) any misrepresentations or false and/or deceptive advertisements by you, 4) your violation of any local, state, or federal statute, regulation, or ordinance (criminal or civil), and/or your violation of any rights of a third party.
B. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FUTURE FORGED OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO FUTURE FORGED OR ITS SERVICE PROVIDERS, LICENSORS, THIRD PARTY SERVICE PROVIDERS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY FUTURE FORGED WEB ASSET. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. FUTURE FORGED WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
A. If any provision of this Agreement is determined to be void, invalid, inoperative or unenforceable by an arbitrator or court of competent jurisdiction, or by any other legally constituted body having jurisdiction to make such determination, such arbitrator, court or body shall redraft, modify, rewrite or interpret such provision as necessary, if possible, to include as much of its nature and scope as will render it enforceable, and such decision shall not affect any other provisions hereof, and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.
B. Termination. Notwithstanding anything to the contrary in this Agreement, Future Forged reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any Future Forged web assets and your membership in our Affiliate Program, including to block or prevent your access and use of any of our websites. You agree that Future Forged shall not be liable for any termination of your access and/or use of our websites.
C. No Third Party Beneficiaries. Except as set forth in this Agreement, only you and Future Forged may enforce the terms or conditions of this Agreement; no third party shall be entitled to enforce these any terms or conditions in this Agreement.
D. Survival. The provisions in this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
E. Waiver. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by the Chief Legal Officer of Future Forged in order to be effective.
F. Assignment. Future Forged may assign this Agreement, in whole or in part, to any person or entity at any time, for any reason, with or without notice to you.
G. Amendments; Entire Agreement. This Agreement may only be amended or modified by a signed writing by an executive (Vice President or above in title) of Future Forged. This Agreement constitutes the final, exclusive and complete agreement between you and Future Forged regarding the subject matter hereof and supersede all prior or contemporaneous agreements, communications and course of dealings between you and Future Forged.
H. You are hereby advised that you have the right to independent legal counsel of your choosing to review this Agreement prior to entering into this Agreement, and that you have either done so, or knowingly and voluntarily wave your right to such representation.