Affiliate Terms and Conditions

This Agreement, including the Advertising and Promotion Guidelines and the description of the Giant Sports International Affiliate Program provided through the Network(s) (defined below) on the Giant Sports International Information Page (collectively the “Agreement”) is a legally binding agreement between Giant Sports International, and each of its participating Affiliates. BY REGISTERING FOR AND PARTICIPATING IN THE GIANT SPORTS INTERNATIONAL AFFILIATE PROGRAM (THE “PROGRAM”), YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. By checking or clicking the “Accept” or similar language box below, you agree that the effective date of this Agreement is the date on which you check such box below.

Once you are accepted into the Program, your participation in the Program is governed by this Agreement. Even after you are accepted into the Program, we may terminate this Agreement and your participation in the Program for any reason or no reason at any time. In addition, we may terminate this Agreement and your participation in the Program immediately if we determine that you or your Site (as defined below) violates any terms of this Agreement.

AFFILIATE OBLIGATIONS

  • Must be at least eighteen (18) years of age.
  • Must operate a website, mobile application, social networking page, or subscription newsletter (“Site”).
  • Your Site must not:
    • Mislead others
    • Contain false source-identifying information
    • Contain or transmit any malicious or unsolicited software or engage in spamming or indiscriminate advertising
  • May not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, political affiliation, or age.
  • May not promote any content that is libelous, defamatory, obscene, abusive, pornographic, violent, indecent, threatening, harassing, deceptive, threatening, bigoted, hate-oriented, targeted at persons under the age of 18, violate or infringe other people’s intellectual property, privacy, publicity, or other laws or legal rights of any third party, offers any illegal goods or services, or be otherwise objectionable to us at our sole discretion.
  • Your Site must not promote or link to other websites that do any of the foregoing. You remain solely responsible for the content of your Site and its compliance with all applicable laws and regulations. By opting-in to this Agreement, you affirm that you are at least 18 years of age, and are fully able and competent to enter into, abide by, and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
  • Your Site may not in any way incorporate “Giant Sports International” or any variations, misspellings, marks, or other uses in any domain names, usernames, or any other public or private representation without explicit written consent from the Company.
  • Your Site may only use the banner advertisements, button links, product information, Giant Sports International logos and text links to the Giant Sports International website (or any mirror or successor site) (“Giant Sports International Site”) and/or other advertisements promoting Giant Sports International products and events (“Advertisements”) that are provided to you by Giant Sports International through the Network(s).
  • You may not modify, create, or post the Advertisements without prior written consent from Giant Sports International.
  • Affiliates that create or generate their own creative materials (“Content”) in an effort to promote Giant Sports International through the Program must get written approval from Giant Sports International of all such material prior to publishing.
  • You must follow all Advertising and Promotional Guidelines and any subsequent instructions provided by Giant Sports International when placing advertisements on your Site. Except as provided in this Agreement, you will have discretion to place Advertisements in areas of your Site at times and with the frequency as you deem appropriate.
  • You may not advertise or include any price information on your Site unless explicitly provided to you and approved to be used by Giant Sports International.
  • You may not purchase or bid for placement of any of Giant Sports International’ trademarked company names or any variation of our trademarked names, service marks, keywords, or copyrighted terms and logo including, for example. hashtags and keywords in combination with any other words or symbols.
  • Affiliates are prohibited from using all Giant Sports International property and sharing their Code on, including, but not limited to, forums or comment sections on the Giant Sports International Site or any Site affiliated with or that makes mention of Giant Sports International, Giant Sports International’s Facebook wall, Instagram Page, Twitter Account, or other Site.
  • Vendors and employees of Giant Sports International (and any associated company) are not eligible to become Affiliates without advanced written consent from the Company.
  • Affiliates may not purchase product to resell under this program.
  • Resellers may not purchase products under the Affiliate program and are not eligible to become Affiliates.
  • Using an Affiliate Discount Code (“Code”) for the purpose of placing orders for personal use is prohibited and will result in immediate termination.
  • Affiliate shall not send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003, and similar county-specific acts (collectively, the “Acts”), with respect to the Program (for clarification, this does not prohibit Publisher from sending transactional or relationship messages).
  • Affiliate may not send any e-mail that refers to Giant Sports International, advertises any Giant Sports International product, or links to the Giant Sports International Site unless the content referring to Giant Sports International has been provided to you by Giant Sports International or been approved by Giant Sports International. Except as expressly authorized by Giant Sports International, any and all electronic messages initiated or sent by Affiliate or on Affiliate’s behalf must identify Affiliate as the sender and may not suggest, imply, mislead, or be likely to mislead a recipient into believing that a Giant Sports International Site is the sender or sponsor of, or has induced Affiliate to send, such electronic messages. Affiliate shall not use a return address, subject heading, header information, or message contents that misleads or confuses or is likely to mislead or confuse a recipient that Giant Sports International is the sender.
  • Affiliate may not mention Giant Sports International in a press release or other public statement (other than the approved Advertisements) unless you have received prior written approval from Giant Sports International.
  • If at any time your state or any state you move to or become a permanent or temporary resident in becomes subject to a Nexus tax law or any other law in which your participation in this program would elicit a payable tax mandated by that state, you will become ineligible to participate in the Program and this Agreement will automatically terminate.
  • If we reject your application, you are welcome to reapply to the Program at any time. If your application is accepted, we reserve the right to terminate this Agreement for any reason or no reason, at any time, at the sole discretion of Giant Sports International.
  • Affiliates who are terminated or otherwise removed from the Program or fail to achieve their minimum Affiliate Requirements (as listed in the Giant Sports Affiliate Program Page) are forbidden to reapply at any time now or in the future.
  • Affiliates who are terminated or voluntarily vacate the Program for any reason may be ineligible to receive past or present commission payments.
  • Code cannot be used in combination with any other discount codes offered on the Giant Sports International Site or from other Affiliates.
  • No person or entity acting on your behalf shall engage in any solicitation activity of your Code. Such prohibited additional solicitation activities will result in the immediate termination of the Affiliate from this Program and forfeiture of all accrued or unpaid commissions.
  • The use, public distribution, or abuse of the Affiliate Personal Discount Code (“Personal Code”) other than what is specifically instructed under “Affiliate Personal Discount Code Rules, Requirements, and Restrictions” is strictly prohibited and will result in the immediate termination of the Affiliate from this Program and forfeiture of all accrued or unpaid commissions.
  • Affiliate Personal Discount Code Rules, Requirements, and Restrictions – You will be given a Personal Code which grants you an exclusive discount that can be applied to an order for personal use once each month. This Personal Code cannot be publicly distributed, shared, duplicated, or otherwise used outside of these guidelines and the guidelines established herein. This code may apply to only select or no items at any time and may be deactivated by Giant Sports International without reason or warning.
  • We will process all Product orders placed by customers who use your Code on the Giant Sports International Site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing. Among other things, we will process and prepare orders, process payments, cancellations and returns, and handle customer service. You will receive a monthly report summarizing sales activity. We will not be liable for paying referral fees on purchases where Code is not properly or accurately input or processed whether due to human error in spelling, formatting, or otherwise incorrect entry of the Code or by machine error.
  • You will be solely responsible for the development, operation, and maintenance of all posting, advertising, and solicitation requirements an Affiliate. Among other things, you will be solely responsible for: the technical operation of Site or any other means or mediums used for advertising your Affiliate status or Code, creating and posting Product descriptions and properly disclosing your Affiliate status and Code, the accuracy and appropriateness of materials you post (including, among other things, all Product related materials) ensuring that all materials posted do not breach or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials you post are not defamatory or illegal. We disclaim all liability for these matters. Further, you agree to indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your Site.
  • The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. We reserve the right to terminate this agreement at any time, with or without cause, by giving you written notice of termination. You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term and fees earned up to the date of termination will remain payable only if the related orders are not cancelled or returned and you were an Active affiliate at the Payment date. We may withhold your final payment for a reasonable time at our own discretion to ensure that the correct amount is paid. Upon termination of this agreement, you must promptly return to us, or at our request, destroy any and all of our intellectual or proprietary property, information, and/or materials in your possession, and subject to receiving written consent to the contrary from us, remove all affiliation status, marks, symbols, Codes, and any other written, visual, or embedded uses of our name, trademark, Products, logos, or symbols.
  • We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by creating a new Program Term with a new agreement attached. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the program by accepting the new Program Term with the new agreement will constitute binding acceptance of the change.
  • You and we are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties or our respective Affiliates. You will have no authority to make or accept any offers or representations, guarantees or warranties on our or our Affiliates’ behalf, including with respect to our Affiliates’ Products or services. You will not make any statement or representation, whether on Site or otherwise, that you are connected or affiliated with us or our Giant Sports International Site, other than for the purpose of referring users to our site as defined under this Agreement, or that otherwise reasonably would contradict anything in this Section.
  • Neither we, nor any of our Affiliates, will be liable for indirect, special or consequential damages (or any loss of revenue, profits or data) arising in connection with this Agreement or the Program, even if we, or any of our Affiliates, have been advised of the possibility of such damages. Further, to the fullest extent permitted by law, our and our Affiliates’ collective aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement at the time the act or omission giving rise to the liability occurred.
  • To the fullest extent permitted by law, neither we nor any of our Affiliates makes any express or implied warranties or representations with respect to the Program or any Products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing, or trade usage), and the same are hereby excluded. In addition, neither we, nor any of our affiliates, make any representation that the operation of our site will be uninterrupted or error-free, or will not be re-routed or “black holed.” As a result, we might temporarily be unable to capture information regarding your Code. We will not be liable for the consequences of any such interruptions or errors.

 

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