Affiliates
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
This Agreement (“Agreement”) contains the complete terms and conditions concerning Outdoors Geek, D/B/A: Outdoors Geek Affiliate Program, the purpose of which is the establishment of a link (hereinafter, “Outdoors Geek Affiliate Link”) from your website to our website, “OutdoorsGeek.com” (the “Outdoors Geek Website”).
This is a legally binding agreement. By completing and submitting the online application, you acknowledge that you have read, understand and agree to be bound by this operating agreement.
-
- Enrollment: Submit a complete application via Website. Your application will be evaluated in good faith and we will notify you of its acceptance or rejection. Your application may be rejected if we determine (in our sole discretion) that your site is unsuitable for Outdoors Geek Affiliate Program. Unsuitable sites include, but are not limited to, those that promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; include “OUTDOORS GEEK,” any other trademark of Outdoors Geek or its affiliates, or variations or misspellings of any of them, in their domain name or other HTML tags including page titles, meta-tags, or HTML comment tags, or in any paid search programs. By participating in Outdoors Geek Affiliate Program, you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to Outdoors Geek Affiliate Program at any time. If after the acceptance of your application, your site is determined (in our sole discretion) to be unsuitable for Outdoors Geek Affiliate Program, we may immediately terminate this Agreement at any time without notice. Only those parties that lawfully can enter into and form contracts under applicable law can participate in Outdoors Geek Affiliate Program.
- Outdoors Geek Affiliate Link: As an Outdoors Geek Program member, we will make available to you a variety of graphics and textual links (“Outdoors Geek Affiliate Links”), which, subject to the terms and conditions of this Agreement, you may display on your Web site. Outdoors Geek Affiliate Link will serve to identify your site as a member of our Outdoors Geek Affiliate Program and will establish a link from your site to ours. In return for us providing you with Outdoors Geek Affiliate Link, you agree to cooperate fully with us in order to establish and maintain Outdoors Geek Affiliate Link. You also agree that you will display in your site only those graphic or textual images that are provided by us, and you will immediately substitute such images with any new images that are provided by us from time to time throughout the term of this Agreement.Except for the limited license granted under this section, you do not obtain any rights under this Agreement in any intellectual property including, without limitation, any intellectual property with respect to Outdoors Geek Affiliate Link, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to Outdoors Geek domain name.You also acknowledge that we (and our agents) may crawl or otherwise monitor your site for the purpose of ensuring the quality and reliability of links on your site (for example, to detect links that are broken or non-functional, links to products that are out of stock or otherwise unavailable, etc…) Therefore, you agree that we and our agents may take such actions and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we and our corporate affiliates, consultants and agents may use technical means to overcome any methods used on your site to block or interfere with such crawling or monitoring).By participating in Outdoors Geek Affiliate Program, you consent to us sending you occasional email updates regarding the program.
You will not, in connection with this Agreement, display or reference on your site, any trademark or logo of any third party seller appearing on Outdoors Geek Website unless you have an independent license for the display of such trademark or logo; use any data, images, text, or other information obtained by you from us or Outdoors Geek Website in connection with this Agreement only in a lawful manner and only in accordance with the terms of this Agreement.
We grant you a limited, nonexclusive, non-transferable, revocable right to use the graphic image and text solely for the purpose of you participating in Outdoors Geek Affiliate Program. You may not modify the graphic image or text in any way. All of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. Should we decide to revoke your license, we will give you notice.
You acknowledge Outdoors Geek’s ownership in its licensed materials, agree that you will not do anything inconsistent with Outdoors Geek’s ownership and that all of your use of the licensed materials will inure to the benefit of and on behalf of OutdoorsGeek.com, and, if requested, agree to assist Outdoors Geek in recording this Agreement with appropriate government authorities. You agree that nothing is this Agreement gives you any right, title or interest in the licensed materials other than the right to use the licensed materials in accordance with this Agreement. You also agree that you will not attack the title of Outdoors Geek to the licensed materials or the validity of the Licensed Materials or this Agreement.
- Order Processing: Only items that were purchased by customers who use Outdoors Geek Affiliate Link from your site to Outdoors Geek Website are considered “direct sales.” Direct sales placed through Outdoors Geek Affiliate Link on your site are reduced by items that are not shipped, canceled by customers, returned, charged back or refunded at a later date. Direct sales do not include tax or shipping charges. All customer rental orders will not be paid to Affiliate until the order ships. This can be several months later. For example: Rental order is placed January 1st but the order does not rent out until August 15th - in this scenario the Affiliate will receive credit in August. We reserve the right to exclude items ordered by you (using Outdoors Geek Affiliate Link which would otherwise qualify for direct sales) and do not pay commissions for them, if we deem it necessary, in our sole discretion, to prevent abuse of Outdoors Geek Affiliate Program, or to reject orders that do not comply with any requirements that we periodically may establish. Outdoors Geek will be responsible for processing orders and will handle all customer service issues. We will track sales by customers who purchase products by using Outdoors Geek Affiliate Link from your site to Outdoors Geek Website. A statement of activity is available to you on the Affiliate’s software.
- Commissions: Direct Sales Performance Commission: 8% commission on sales. Commission payments are made via store credit. on the 20th of each month. These payments are made to those affiliates who have reached the $50 minimum BEFORE the end of the previous month (less any taxes required to be withheld under applicable law). For example, if an affiliate earns $50 by the end of February, they are paid those commissions on March 20th. If the affiliate did not reach the $50 minimum until March 1st, those commissions would be paid on April 20th. If your participation in Outdoors Geek Affiliate Program terminated and your commissions are less than fifty dollars ($50.00), such commissions shall be forfeited. All commissions must be used by December 31st of each calendar year in the same calendar year in which the commissions are earned. If the commissions are not used by the deadline date the commissions will be forfeited.
- Outdoors Geek Policies: Customers who buy products through this Outdoors Geek Affiliate Program are customers of OutdoorsGeek.com. All of Outdoors Geek’s standard policies and operating procedures will apply to these customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time. Affiliates are not authorized to sell any Outdoors Geek products on eBay or other auction sites.
- Restrictions: Publishers are not permitted to bid on OutdoorsGeek.com or OutdoorsGeek.com name including any variations or misspellings. Publishers are prohibited from optimizing websites and pages for the term OutdoorsGeek.com or OutdoorsGeek.com in any variation. Publishers are not permitted to display our website URL OutdoorsGeek.com or OutdoorsGeek.com including any variations or misspellings in PPC or paid advertising. Publishers found to be in breach of our usage guideline will be permanently excluded from the program. Any sales generated from a violation of these terms and conditions will not be paid.
- Responsible for Maintaining your Website: The responsibility for the development, operation, and maintenance of your site and for all materials that appear on your site rests with you. Outdoors Geek cannot be responsible for the technical operation of your site and all related equipment; creating and posting product descriptions on your site and linking those descriptions to Outdoors Geek Website catalog; the accuracy and appropriateness of materials posted on your site; ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights); ensuring that materials posted on your site are not libelous or otherwise illegal; ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.
- Compliance with Laws: As a condition to your participation in Outdoors Geek Affiliate Program, you agree that while you are a Outdoors Geek Affiliate Program member you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are an Outdoors Geek Affiliate Program member. Without limiting the foregoing obligation, you agree that as a condition of your participation in Outdoors Geek Affiliate Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email.
- Term of Agreement: The term of this Agreement will begin upon our acceptance of your Outdoors Geek Affiliate Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to Outdoors Geek Website, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with Outdoors Geek Affiliate Program. You are eligible to earn commissions only on sales of qualifying products that occur during the term, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
- Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on Outdoors Geek Website. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures, and Outdoors Geek Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in Outdoors Geek Affiliate Program following our posting of a change notice or new agreement on Outdoors Geek Website will constitute binding acceptance of the change.
- Nature of Our Relationship: You and Outdoors Geek are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on behalf of OutdoorsGeek.com. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
- Limitation on Liability: Outdoors Geek will not be liable for indirect, special, punitive or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or Outdoors Geek Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and Outdoors Geek Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement within the prior twelve (12) months.
- Warranties: WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO OUTDOORS GEEK AFFILIATE PROGRAM OR ANY PRODUCTS SOLD THROUGH OUTDOORS GEEK AFFILIATE PROGRAMLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUTDOORS WEEK WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
- The Laws Governing this Agreement: This Agreement will be governed by the laws of the United States and the State of New York, without reference to rules governing the choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
- Spyware and Other Parasites: Any affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of MERCHANT and/or its partner sites) is subject to punitive actions by MERCHANT, without notice including but not limited to: suspension of affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate’s suspected malfeasance. MERCHANT encourages affiliates to report suspicions of such relationships; and, should substantial proof, as judged by MERCHANT, be provided, MERCHANT reserves the right to assign a value equal to unpaid monies earned by the offending affiliate (or a part thereof) to the reporting affiliate as a bounty.
- Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME ADMIT OTHERS INTO OUTDOORS GEEK AFFILIATE PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. Thank you for taking the time to review our usage guidelines. Compliance is monitored regularly. Please email any questions to contactus@OutdoorsGeek.com
Influencers
Our influencers are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
These Social Influencer Terms and Conditions (the “Terms and Conditions”), together with the Social Influencer Agreement (collectively the “Agreement”) governs the relationship between Outdoors Geek LLC and You, an individual (“Social Influencer”).
This is a legally binding agreement. By completing and submitting an online application, you acknowledge that you have read, understand and agree to be bound by this operating agreement.
- Enrollment: Submit a complete application to contactus@outdoorsgeek.com. Your application will be evaluated in good faith and we will notify you of its acceptance or rejection. Your application may be rejected if we determine (in our sole discretion) that your application is unsuitable for Outdoors Geek Influencer Program. Unsuitable sites include, but are not limited to, those that promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; include “OUTDOORS GEEK,” any other trademark of Outdoors Geek or its affiliates, or variations or misspellings of any of them, in their domain name or other HTML tags including page titles, meta-tags, or HTML comment tags, or in any paid search programs. By participating in Outdoors Geek Affiliate Program, you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to Outdoors Geek Influencer Program at any time. Only those parties that lawfully can enter into and form contracts under applicable law can participate in Outdoors Geek Influencer Program.
- Application should include:
- Reach and size of audience
- Audience demographics
- Example of quality and style of writing, photography and/or video
- Connection to other influencers
- Speed of communication (e.g., on average how long does it take you to post blogs etc and how often)
- Use of technology and tools (e.g., does the influencer tweet or post to Instagram etc)
- Show cultural credibility and align with brands Outdoors Geek believes in
- Do your fans engage with your content
- Direct Sales Performance Commission: 12% commission on sales. Commission payments are made via store credit. on the 20th of each month. These payments are made to those affiliates who have reached the $50 minimum BEFORE the end of the previous month (less any taxes required to be withheld under applicable law). For example, if an affiliate earns $50 by the end of February, they are paid those commissions on March 20th. If the affiliate did not reach the $50 minimum until March 1st, those commissions would be paid on April 20th. If your participation in Outdoors Geek Influencer Program terminated and your commissions are less than fifty dollars ($50.00), such commissions shall be forfeited. All customer rental orders will not be paid to Influencer until the order ships. This can be several months later. For example: Rental order is placed January 1st but the order does not rent out until August 15th - in this scenario the Influencer will receive credit in August.
- Compliance: Social Influencer will adhere to all applicable laws and regulations, including clearly disclosing his or her relationship with Outdoors Geek LLC in each post, comment or response. Social Influencer further agrees to review and adhere to the Federal Trade Commission Endorsement Guides or other applicable governing law. For example, a few recommendations from the Federal Trade Commission includes that:
- When sharing a video, Social Influencer should place the disclosure within the video post itself; rather than just in the description of the video;
- When posting on Instagram, Social Influencer should disclose material connections before the “More” button in post, and
- When disclosing their relationship with sponsors, Social Influencer should avoid using ambiguous abbreviations, such as “#sp” which may prevent consumers from understanding that the content is sponsored.
- Use of Likeness: Social Influencer agrees that Outdoors Geek LLC may use Social Influencer’s name, social handle(s) and likeness (collectively “Likeness”) in connection with the advertisement, promotion and sale of Outdoors Geek LLC merchandise and services through various channels including, but not limited to, the websites, promotions, broadcasts and advertisements solely in connection with the project.
- Use of Content: Social Influencer grants Outdoors Geek LLC the right, to copy, distribute, publicly display, reproduce, perform, and make derivative works based on the Content in all media including, but not limited to, on the website, in-store digital displays, and on social media platforms.
- Waiver and Release: Outdoors Geek LLC is not required to make use of any Likeness or Content and Social Influencer further waives the right of prior approval of the use, reproduction, alteration or publication of the Likeness or Content by Outdoors Geek LLC. Social Influencer hereby releases Outdoors Geek LLC, its employees, subsidiaries, contractors and agents from any and all claims for damages of any kind resulting from the use of the Likeness or Content.
- Term and Termination: Outdoors Geek LLC may terminate this Agreement at any time for any reason by giving Social Influencer at least three (3) days’ notice, except Outdoors Geek LLC may terminate immediately if Social Influencer engages in conduct contrary to the best interests of Outdoors Geek LLC.
- No Agency/Independent Contractor Status: This Agreement does not create an employer-employee relationship between Outdoors Geek LLC and Social Influencer and nothing herein will be construed to create, authorize or constitute a partnership, joint venture or agency relationship of any kind. Neither party shall have the authority to bind the other to any obligation or liability except as provides in this Agreement.
- Assignment: Neither party may assign or transfer this Agreement or any performance rights or obligations under this Agreement without the prior written consent of the other party, except that Outdoors Geek may, upon notice to Social Influencer assign its rights and obligations under this Agreement to an affiliate.