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PHD Tackle Affiliate Program

PHD Tackle Affiliate Marketing Program Agreement

Revised:  January 12, 2023

As an authorized affiliate marketer (Affiliate) of PHD Tackle, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting PHD Tackle as an Affiliate.

Your participation in the Program is solely to legally advertise our website and brand(s) to receive a commission on products purchased by individuals referred to PHD Tackle by your own website, social media accounts, or personal referrals using your Affiliate link.

By signing up for the PHD Tackle Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

1. Approval or Rejection of the Application

We reserve the right to approve or reject any Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

2. Commissions

Commissions will be paid once per month for purchases that have passed the 30 day return window.

For an Affiliate to receive a commission, the purchase of merchandise referred by your affiliate link must be made within 30 days.

Commission payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

3. Termination

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

i.  Inappropriate advertisements (misrepresentation, false claims, misleading hyperlinks, etc.).

ii. Spamming (unauthorized mass emailing, mass newsgroup posting, etc.).

iii. Advertising on sites containing or promoting immoral or illegal activities.

iv. Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.

v.  Violation of intellectual property rights. PHD Tackle, its parent company, and its brands reserve the right to require license agreements from those who employ trademarks of PHD Tackle and its brands in order to protect our intellectual property rights.

 vi.  Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive.

vii. Use of profanity, innuendo, or other unprofessional communication in your promotional materials are unacceptable. Additionally, the use of audio editing to ‘bleep out’ profanity is also unacceptable.

viii. In addition to the aforementioned, PHD Tackle reserves the right to terminate any Affiliate account at any time, for any violation of this Agreement or for no reason.

4. Affiliate Links

You may use graphic and text links both on your website, social media accounts, and within in your email messages. You may also advertise the PHD Tackle website and social media accounts in online and offline ads, magazines, and newspapers. These advertising forums must reflect the family-oriented nature and values of PHD Tackle. If an Affiliate is unsure that a potential forum is appropriate, the Affiliate should contact PHD Tackle using email address to avoid potential termination from the Program.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3. PHD Tackle will provide you with graphics upon request.

5. Coupon and Deal Sites

PHD Tackle may occasionally offer discount codes to select affiliates. If you’re not pre-approved/assigned a branded coupon, then you’re not allowed to promote the code. Below are the terms that apply for any Affiliate who is considering the promotion of our products in relation to a deal, discount code, or coupon:

i.  Affiliates may not use misleading text on affiliate links, buttons, or images to imply that anything besides currently authorized deals    to the specific Affiliate.

ii. Affiliates may not bid out PHD Tackle Codes, Coupons, Discounts or promote other phrases implying coupons are available.

iii. Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button, or image for that particular coupon or deal. Your link must send the visitor directly to the PHD Tackle website.

iv. User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).

v. Affiliate sites/social media may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the Program immediately.

6. Pay Per Click (PPC) Policy

PPC bidding is NOT allowed. PHD Tackle does not pay for link clicks to bring traffic to our website. Commissions are paid solely on sales.

7. Liability

PHD Tackle, its parent company, and brands are not liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s)/social media.

We do not make any expressed or implied warranties with respect to the Program and/or the products sold by PHD Tackle. We make no claim that the operation of the Program and/or our website(s)/social media will be error-free and we will not be liable for any interruptions or errors.

8. Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when you cancel your Affiliate account or it is terminated.

The terms and conditions of this agreement may be modified by PHD Tackle at any time without notice. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change. It is the Affiliate’s responsibility to regularly check for updates to these terms and conditions.

9. Indemnification

The Affiliate shall indemnify and hold harmless PHD Tackle and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by PHD Tackle to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of the Affiliate.

10. Governing Law, Jurisdiction, and Attorney Fees

This Agreement shall be governed by and construed in accordance with the laws of the United States. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the courts of the State of Ohio.

In the event of litigation to enforce any provision of this Agreement, only PHD Tackle will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

11. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the PHD Tackle Affiliate Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the PHD Tackle Affiliate Program application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.