Affiliate Terms & Conditions

Bucketsquad Apparel LLC AFFILIATE AGREEMENT

Authorization and Contract

This Bucketsquad Affiliate Agreement (the “Agreement”) is entered into by Bucketsquad Apparel LLC. (“Bucketsquad ”) and you (“Affiliate” or “You”). This Agreement is created to provide detailed guidelines and limitations that will govern Affiliate’s participation in the Bucketsquad  Affiliate Program (the “Program”).

Purpose

The purpose of the Program is to provide individuals with the opportunity to promote and sell Bucketsquad ’s products (the “Product”) to other individuals. In exchange for successfully making sales and generating new customers, Bucketsquad offers Affiliate compensation pursuant to the terms set forth below.

Becoming a Bucketsquad Apparel LLC. Affiliate

To become a Program affiliate, You must comply with the following requirements:

1. Be of the age of majority (not a minor) in your state of residence; and
2. Submit a properly completed electronic Bucketsquad Affiliate Agreement.
3. Setup associated affiliate link to track affiliate sales

Affiliate Responsibilities and Commission Structure

Affiliate will promote and sell the Product to other individuals using Affiliate’s unique tracking link (“Affiliate Link”). Affiliate will receive a percentage of the proceeds from the sales of the Product that are completed by individuals using the Affiliate Link and are not associated with the Affiliate (including but not limited to address, name, or the affliates IP address). The purchases will be tracked and tallied through cookie tracking. If an Affiliate has any questions regarding the accuracy of the cookie tracking process, please see the “Cookie Tracking” section of this Agreement.

Affiliate will receive a ten (10%) percent commission on each sale of the Product attributable to Affiliate using the Affiliate Link. This Agreement supersedes any and all other agreements, commission plans, or other referral plans relating to the sales of the Product. All payments to Affiliate will be made via on a monthly basis as described in the Pay Period section below. In order to be eligible for payments, Affiliate must provide Bucketsquad  with Affiliate’s Paypal account email address upon execution of this Agreement. Bucketsquad  reserves the right to withhold all payments until Affiliate has earned an aggregate of at least one hundred dollars (USD $100.00) in commissions.

Commission Tracking Process 

Cookie tracking will be initiated through the Affiliate Link within one (1) week of the execution of this Agreement. Tracking of the Affiliate Link usage, commission payment calculation, and payment submission will all be carried out using the Shopify and Social Snowball platform.

Modification of Terms

Because federal, state, and local laws, as well as the business environment, periodically change, Bucketsquad  reserves the right to amend the Agreement in its sole and absolute discretion. Any such amendment, change, or modification shall be effective thirty (30) days following the publication of notice using one of the following communication methods:

1. Posting on the official Bucketsquad  Affiliate Portal;
2. Electronic mail (e-mail); or
3. In writing through other Bucketsquad  communication channels.

Term and Termination

The term of this Agreement will begin upon Bucketsshquad ’s acceptance of your application and will end when terminated by either Bucketsquad  or Affiliate upon thirty (30) days’ notice. In the event of a material breach of this Agreement, Bucketsquad  reserves the right to terminate this Agreement immediately. Upon cancellation or termination, all property rights are forfeited regarding any unpaid commissions, referrals, or other remuneration otherwise due to Affiliate under this Agreement. Bucketsquad  reserves the right to terminate the Agreement upon thirty (30) days’ notice if Bucketsquad  elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products via the Program. No termination of this Agreement will relieve either party of any liability for any breach of, or liability accruing under, this Agreement prior to termination.

Independent Contractor Status

Affiliate is an independent contractor, and not a purchaser of a franchise or business opportunity. Therefore, Affiliate’s success depends on his or her independent efforts. The agreement between Bucketsquad  and Affiliate does not create an employer/employee relationship, agency, partnership, or joint venture between Bucketsquad  and Affiliate. Affiliate is responsible for paying local, state, and federal taxes due from all compensation earned under this Agreement. Affiliate has no express or implied authority to bind Bucketsquad  to any obligation or to make any commitments by or on behalf of Bucketsquad .

As a self-employed independent contractor, Affiliate will be operating its own independent business selling products and services available through Bucketsquad  on Affiliate’s own account. Affiliate has complete freedom in determining the number of hours that Affiliate will devote to its business, and it has the sole discretion of scheduling such hours. Affiliate will be responsible for providing all necessary payment and tax information to Paypal and Snowball in order to receive payment. Paypal will be responsible for issuing Affiliate the appropriate IRS Form 1099 to be used when reporting income on Affiliate’s tax returns. Any questions or issues Affiliate has regarding obtaining Form 1099 should be submitted directly to Paypal. It will be Affiliate’s sole responsibility to account for all income earned pursuant to this Agreement on Affiliate’s income tax returns.

Selling Bucketsquad  Products

You agree to make no representations or claims about the Product or any other Bucketsquad  products or services beyond those shown on the Bucketsquad  website and any other materials provided by Bucketsquad  for Affiliate’s use while promoting and selling the Product (“Official Bucketsquad  Materials”). Affiliate shall not require or encourage other current or prospective customers to use the Product in any manner that varies from the program as set forth in Official Bucketsquad  Materials.

Cookie Tracking

The tracking of all Product sales using the Affiliate Link will be conducted by Snowball which tracks sales attributable to the Affiliate Link with the placement of a browser-specific cookie on a device once an individual clicks on the Affiliate Link. This cookie will track any Product purchases made using the same browser and device combination for thirty (30) days following the placement of the cookie. Any purchases made by individuals who have cleared or removed the cookie or that employ cookie-blocking technology will not be attributable to Affiliate. All commission payments due to Affiliate will be solely based upon Snowball’s tracking and no other tracking process. Affiliate will have access to an Affiliate-specific control panel on Snowball where Affiliate can review their sales at any time. Affiliate must notify Bucketsquad  of any issues they experience with the tracking process no later than thirty (30) days of such occurrence. All questions relating to this tracking process should be sent by e-mail to [INSERT EMAIL].

Product Sales

The Bucketsquad Referral Plan is based upon the sale of Bucketsquad  products and services to end consumers. PURCHASING BUCKETSQUAD  PRODUCTS SOLELY FOR THE PURPOSE OF QUALIFYING FOR COMMISSIONS IS STRICTLY PROHIBITED. THIS INCLUDES PAID MEDIA SALES, RESELLING, AND ALL FORMS OF PAID MEDIA.

Bonus Buying Prohibited

Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Affiliate Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an affiliate or customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as affiliates or customers; (d) purchasing Bucketsquad  products or services on behalf of another affiliate or customer, or under another affiliate’s or customer’s ID number, to qualify for commissions; and/or (e) any other mechanism or artifice to qualify for commissions that is not driven by bona fide product or service purchases by end-user consumers.

Refunds and Fraud

Bucketsquad , in its sole discretion, may issue refunds on certain sales of Product on a case-by-case basis. Affiliate will not be eligible for a commission on any sales that are subsequently refunded, determined fraudulent, or otherwise do not result in Bucketsquad ’s receipt of funds. If Affiliate receives any commission payments for any such sales, Bucketsquad  reserves the right to require Affiliate to refund Affiliate’s commissions for those sales or to withhold future commission payments until the amounts paid to Affiliate for such sales are recouped by Bucketsquad .

Pay Period

Affiliate will receive commission payments on a monthly basis. Payments of Affiliate commissions will be paid in the first monthly payment cycle that occurs more than thirty (30) days after the applicable sale. The minimum commission payment will be one hundred dollars (USD $100.00). If You earned less than one hundred dollars (USD $100.00), your commission will roll over to the next month until the minimum one hundred dollars (USD $100.00) threshold is met. Affiliate commissions are paid out via Paypal. Affiliates will not be entitled to any other compensation outside of the terms outlined in this Agreement.

Use of Sales Aids

The purpose of the program is to reward Affiliate’s promotion of the Product and generation of sales relating to Affiliate’s existing audience and network. Affiliate may not use any paid advertising to promote the Affiliate Link or create any websites or web pages designed for the primary purpose of promoting the Affiliate Link through search engine optimization. While promoting the Company, Affiliate must use the sales aids and support materials produced by Bucketsquad . If Affiliate develops his or her own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliate’s good intentions, Affiliate may unintentionally violate any number of statutes or regulations affecting Bucketsquad ’s business. Accordingly, Affiliate must submit all such written sales aids, promotional materials, advertisements, websites, and other literature to Bucketsquad for approval before use. Unless the Affiliate receives specific written approval to use the material, the request shall be deemed denied. Affiliate shall safeguard and promote the good reputation of Bucketsquad  and its products and services.

Affiliate may not build third-party sites that contain materials copied from Bucketsquad  sources nor create his or her own website to promote Bucketsquad  without receiving express approval from Bucketsquad . Affiliate may not use or attempt to register any of Bucketsquad ’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, webpages, or blogs.

Bucketsquad ’s Proprietary Information and Trade Secrets

You recognize and agree that information compiled by or maintained by Bucketsquad , including any database of prospective and/or existing customers, constitutes a commercially advantageous, unique, and proprietary trade secret of the Company, which it keeps confidential and treats as a trade secret. During the term of your contract with Bucketsquad , the Company may grant you a personal, non-exclusive, non-transferable, and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, access to the Company’s customer database.

During the term of this Agreement and for a period of three (3) years after the termination or expiration of this Agreement between the Affiliate and Bucketsquad , Affiliate shall not use any information gathered by or provided to Affiliate during its performance of the obligations herein or any other Bucketsquad  proprietary information to compete with Bucketsquad  or for any purpose other than promoting Bucketsquad ’s products and services. Affiliate acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to Bucketsquad . Bucketsquad  will be entitled to seek injunctive relief or to recover damages against Affiliate for violating this provision in any action to enforce its rights under this section.

Intellectual Property

Affiliate agrees not to use any Bucketsquad  trademarks and copyrights unless permitted by Bucketsquad . The Bucketsquad  name and each of its product names and other names that have been adopted by Bucketsquad  in connection with its business are proprietary trade names, trademarks, and service marks of Bucketsquad . As such, these marks are of great value to Bucketsquad  and are supplied to Affiliate for use only in an authorized manner.

Jurisdiction and Governing Law

The formation, construction, interpretation, and enforceability of this Affiliate Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the state of California and the United States without regard to conflict of law provisions. 

Contract Submission

An emailed copy of the Agreement shall be treated as an original in all respects.

Dispute Resolution.

All disputes and claims relating to Bucketsquad , its products and services, the rights and obligations of Affiliate and Bucketsquad , or any other claims or causes of action relating to the performance of either Affiliate or Bucketsquad  under the Agreement shall be settled totally and finally by arbitration in California in the United States of America or such other location as Bucketsquad  prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Bucketsquad from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction, or other equitable relief available to safeguard and protect its interest before, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.

Indemnification

Affiliate is fully responsible for all of his or her verbal and/or written statements made regarding Bucketsquad  products, services, and referral fees, which are not expressly contained in Official Company Materials. Affiliate agrees to indemnify Bucketsquad  and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by the Company as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the cancellation of this Agreement.

Disclaimer

THE PROGRAM AND AFFILIATE LINK, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE “AS-IS”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BUCKETSQUAD  EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. BUCKETSQUAD  DOES NOT WARRANT THAT THE PROGRAM OR AFFILIATE LINK WILL MEET AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM OR AFFILIATE LINK WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. BUCKETSQUAD  DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.

Limitation of Liability

IN NO EVENT SHALL BUCKETSQUAD  BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE AFFILIATE LINK, BUCKETSQUAD  WEBSITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE, OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF BUCKETSQUAD . IN NO EVENT SHALL BUCKETSQUAD  BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY, WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BUCKETSQUAD  HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. BUCKETSQUAD ’S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY BUCKETSQUAD  IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.

Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between You and Bucketsquad  and supersedes any prior agreements, understandings, and obligations between You and Bucketsquad  concerning the subject matter herein. Affiliate may operate in any country or territory of their choosing, so long as such country or territory is not facing current economic sanctions from the United States or the United Nations Security Council.