Affiliate Terms of Service
1.1. This legally binding agreement outlines the terms and conditions for your participation in the XXV Tactical affiliate program. By accepting without modification, you agree to the rules, policies, and procedures set forth by XXV Tactical. If you do not consent, refrain from using the program. By completing the application process, you confirm your acceptance of this agreement and all referenced conditions.
1.2. By clicking the submit button on the online application, you are acknowledging that you have carefully reviewed and comprehended every aspect of this agreement. Furthermore, you accept complete legal responsibility for adhering to each and every term and condition outlined within.
Affiliate Obligations
2.1. In order to enroll in the XXV Tactical affiliate program, you must first complete and submit an online application via our server. Please note that while we may have an auto-approval system in place, this does not guarantee that your application will not be re-evaluated at a later time. Our team may reject your application at any time if we determine that your website or behavior is not a good fit for our program. Should we find your site unsuitable, we may also cancel your application.
2.2. We reserve the right to terminate your application if we find that your website or promotional methods are not appropriate for our Program. This includes but is not limited to:
- Content that promotes sexually explicit materials, violence, discrimination, illegal activities, or materials that infringe on intellectual property rights.
- If your domain name contains variations or misspellings of “xxv” or “xxv tactical.”
- In our sole discretion, we may determine that your website is unlawful, harmful, threatening, defamatory, obscene, harassing, racially ethnically or otherwise objectionable.
- The presence of software downloads that may permit diversion of commission from other affiliates.
- explicitly or indirectly modeling your website or any other website that you own in a way that closely resembles our website or gives the impression that you are affiliated with XXVTactical.com or any other related enterprise.
2.3. To accurately record guest visits from your site to ours, you shall utilize the unique HTML code provided for each banner, text link, or affiliate link. By doing so, we can ensure fair and accurate compensation for your efforts in promoting our brand.
2.4. It is your sole responsibility to maintain and update your website. From time to time, we may conduct routine monitoring to ensure that your website is up-to-date.
2.5. You shall adhere to intellectual property and other laws relating to your website. Obtaining permission to utilize any copyrighted material, text, image, or any other work is your responsibility. We will not assume any responsibility for the unlawful use of another person’s intellectual property or copyrighted material, and you will be held solely accountable for such conduct.
2.6. Any unauthorized alteration of the XXV Tactical logo is strictly prohibited.
XXVTactical.com Rights and Obligations
3.1. You acknowledge and agree that we have the right to monitor your website at any time to ensure compliance with our terms and conditions. We may contact you to suggest changes or modifications to your site, or to ensure that your links to our website are appropriate. Should we deem it necessary, we reserve the right to terminate your participation in the program if changes are not made. Your continued participation in the program indicates your acceptance of these terms.
3.2. By participating in the XXVTactical.com Affiliate Program, you acknowledge and agree that we take fraud and abuse extremely seriously. We reserve the right to terminate this Agreement and to remove you from the Program immediately, without any prior notice, if we detect any fraudulent activity or abuse of the Program. This includes any manipulation of the Program in order to benefit unfairly. Please note that in the event of such fraud or abuse, XXV Tactical will not be responsible for compensating you for any commissions related to the fraudulent activity or abuse.
Termination
Either party has the right to terminate it at any time, with or without cause. Should either of us choose to do so, we must provide written notice either through mail, email, or fax. It’s important to note that this agreement will immediately terminate if there is any breach of its terms by you.
Modification
XXV Tactical has the right to alter the terms and conditions of this Agreement at any given time without prior consultation. In the event that changes are made, we will notify you through email or by publishing an announcement on our affiliate platform. Modifications may comprise revisions to payment procedures and other regulations of the XXVTactical.com Affiliate Program. If these changes are unacceptable to you, your only course of action is to terminate this Agreement. The fact that you remain active in XXVTactical.com’s Affiliate Program after the publication of the revised Agreement demonstrates your acceptance of the changes.
Payment
You will be compensated on a monthly basis via Paypal. The commission rate is 5% unless otherwise agreed to in writing. Your commission will be based solely on the product cost and only on orders that are not refunded or returned. A payment threshold of $25 must be reached before payment is released.
Access
By choosing to become an affiliate of XXVTactical.com, you agree to create a unique and secure password to grant you access to our exclusive affiliate account interface. Within this portal, you will have the opportunity to gain insight into your commission earnings through detailed yet straightforward reports provided by our team. It is important to note that the password you create must be kept confidential to prevent unauthorized access to your account.
Restrictions
8.1. XXVTactical.com strictly prohibits certain forms of advertising to protect our reputation and uphold our standards. We do not tolerate spamming, unsolicited commercial email (UCE), postings to non-commercial newsgroups or cross-posting to multiple newsgroups simultaneously. Misrepresenting your identity, domain name or return email address in advertisements is also prohibited. Our commitment to providing an exceptional online experience for our users requires us to enforce these rules.
8.2. You may use mailings to customers to promote XXVTactical.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have voluntarily subscribed to receive such mailings. You may not advertise to paid mailing lists, or lists in which subscribers did not register with you or your company directly. Subscribers must have option to remove themselves from future mailings.
8.3. At all times, you must clearly represent yourself and your web sites as independent from XXVTactical.com. 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 XXVTactical.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.4. Affiliate shall not bid in their Pay-Per-Click campaigns on keywords such as XXVTactical.com, XXV Tactical, www.XXVTactical, www.XXVTactical.com, and/or any misspellings or similar alterations of these, be it separately or in combination with other keywords. 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.
8.5. Affiliates of XXV Tactical are hereby forbidden from disseminating any form of “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets,” or any deceitful pop-ups and/or pop-unders to potential customers. Failure to comply with these conditions can result in termination of the Affiliate’s agreement with XXV Tactical.
8.6. This Agreement defines Parasiteware™ and Parasitic Marketing as any applications that, either deliberately or inadvertently, cause the overwriting of affiliate or non-affiliate tracking cookies through processes other than a customer’s direct click on an advertisement. Additionally, this includes redirecting searches to generate commissions by overriding normal search engine results via pop ups or similar means for commission gains. Any application that employs tracking cookies through the display of XXVTactical site via IFrames, hidden links or automatic pop-ups; alters external web content for contextual marketing purposes; or replaces/blocks Affiliate banners with other advertisements besides those on sites owned exclusively by the application owner.
8.7. Affiliates of XXV Tactical are hereby forbidden from promoting XXVTactical.com using click bots, click farms, page or link rotation services, or services in which random traffic or random clicks are sent for a fee.
8.8. You are granted a non-exclusive and restricted right to access our website through HTML links in compliance with this agreement as well use certain of our logos, trade names, trademarks or other identifying material (named “Licensed Materials”) that we provide for promotional purposes, while you are an active member of XXVTactical.com’s Affiliate Program.
8.9. Both parties agree to uphold the exclusive rights of each other’s material and refrain from use that would belittle, deceive or tarnish their reputations. Each maintain their respective claims of ownership and no transfer is made between them as a result of this agreement.
Disclaimer
XXV Tactical does not guarantee the accuracy, suitability or reliability of its Service and Web Site, products or services provided within it. No implied warranty is given regarding our ability to perform certain tasks nor that there will be no infringement on any third-party rights. We also do not provide assurance for a smooth operation without disruption; thus we take no responsibility for any consequence arising from such interruptions/errors in performance as.
Representations and Warranties
By entering into this Agreement, you certify that it has been legal and validly executed; your binding obligation under its terms is enforceable against you; the authority to enter into and be bound by these provisions rests solely with you and does not require consent from any other party.
Limitations of Liability
XXV Tactical shall not be held liable to you in any manner under this Agreement, whether it is through a contract or tort liability. Any indirect, incidental damages that may arise from your usage of our services will not be compensated by us; including but not limited to anticipated profits and lost business. In the event of any dispute regarding liabilities arising out this agreement, total commission fees paid as per the terms outlined herein are deemed final and conclusive unless stated otherwise in writing prior.
XXV Tactical shall not be held accountable for any of the matters included in this agreement caused by contract, negligence, tort or other legal means that may lead to consequential loss such as revenue and goodwill. Furthermore, regardless of anything stated within the terms outlined herein; under no circumstance will we hold liability higher than what has been paid out through commission fees set forth in this Agreement.
You will be held financially and legally liable for any loss, damages, legal fees, and court costs due to your violation of this agreement.
Indemnification
You hereby agree to indemnify and hold harmless Franklin Technology Services DBA XXV Tactical, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, 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 claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party,
Confidentiality
Both parties agree to maintain the confidentiality of any sensitive information shared between them, including but not limited to business plans, business-related, technical, financial data as well as customer records. Such confidential data shall remain solely with its owning party in accordance with this Agreement’s terms. Any unauthorized usage or disclosure without prior written consent is strictly prohibited.
Relationship
You agree that your relationship with XXV Tactical is solely as an independent contractor. You are not authorized to make any representations on behalf of the company nor state anything contrary to what has been outlined in these Terms of Service.
Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New Jersey, United States of America without regard to the conflicts of laws and principles thereof.
Miscellaneous
This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
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.