Conversion action | Online purchase with processed valid payment |
---|---|
Cookie days | 60 days |
Commission type | Percent of Sale |
Base commission | 6.00% |
Additional terms | Payout Terms: Every 30 days by end of the following month through PayPal *See our full program terms below. |
Since 1948, Hasty Bake Charcoal Grills has manufactured the finest-quality charcoal grills on the market. Handmade in Tulsa, Oklahoma, Hasty Bake Grills are the preferred grill for backyard enthusiasts, competition cookers, and professional chefs. Continually praised by food and industry critics, their ability to smoke, bake, and sear meals to perfection, all on one grill, has been unmatched for almost 75 years.
Terms and Conditions
This Agreement
contains the complete terms and conditions that apply to your participation as
an affiliate in the Affiliate Program of Hasty Bake Charcoal Grills, and the
establishment of links from your affiliate website to our website
www.hastybake.com as used in this Agreement, "we," "us"
"our," or "Company" means Hasty Bake Charcoal Grills and
"you" or "your" means the Affiliate, and
"Product" means any items offered for sale by us on the Hasty
Bake Charcoal Grills website. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HASTY
BAKE CHARCOAL GRILLS. BY CLICKING THE "I AGREE" BUTTON ON THE
AFFILIATE APPLICATION, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ THE
AFFILIATE AGREEMENT AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE
AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU
AGREE TO BE BOUND BY THE TERMS HEREOF.
Enrollment in the
Affiliate Program
To begin the
enrollment process, you will submit a completed Affiliate Application via our website.
Once your application has been approved, you will receive your affiliate code
and password to allow you to start marketing the Company products. We may
reject your application if we determine (in our sole discretion) that your site
is unsuitable as an Affiliate for any reason, including, but not limited too if
your site incorporates images or content that is in any way unlawful, harmful,
threatening, defamatory, obscene; harassing or racially, ethically, or
otherwise objectionable; such as sites that facilitate illegal activity; depict
sexually explicit images; promote violence; promote discrimination based on
race, sex, religion, nationality, disability, sexual orientation, or age;
promote illegal activities or incorporate any materials that infringe or assist
others to infringe on any copyright, trademark, or other intellectual property
rights (collectively "Content Restrictions").
Using Our Links on
Your Site
Link means a
hyperlink to the Company website that is copied and pasted from your individual
password-protected affiliate administration area on our site. If the HTML code
is altered in any way after copying from that web page, we take no
responsibility for you receiving credit for any sale. Any change you make may
cause the tracking to no longer function correctly. As an affiliate site
("Affiliate Site"), we will make available to your banners, button
links to our website, and/or text links to our website, containing the Company
logo and words identifying Company.
In using the links,
you agree that you will take full responsibility for maintaining all such
links. All Affiliate Sites shall display such graphic images prominently
throughout your site as you see fit and with our consent. You shall not alter,
modify, or expand the links in any way without our written consent. Each Link
connecting users of your website to our website will in no way alter the look,
feel, or functionality of our website.
We have the right in
our sole discretion to monitor your website at any time and from time to time
to determine if you comply with the terms of this Agreement. The affiliate
should place the appropriate copyright and trademark notices. You are allowed
to use the prices of the Company products on your website but you are
responsible for keeping your information on pricing up-to-date as the Company
from time to time will post specials, and discounts or change product pricing
in their sole discretion.
Order Processing
We will be
responsible for providing all information necessary to allow you to make
appropriate links from your website to our website. However, all links must be
approved by the Company. We will process orders placed by customers who follow
the links from your website to the Company website.
We reserve the right
to reject orders that do not comply with certain requirements, that we periodically
may establish. We will be solely responsible for all aspects of order
processing and fulfillment, including order entry, payment processing, shipping
and handling, cancellations, returns, and related customer service. We will
track the volume and number of sales generated by your website and will make
unaudited reports available for your review through your affiliate account on
our website. The form, content, and frequency of the reports may vary from time
to time at our discretion.
To permit accurate
tracking, reporting, and fee accrual, you must ensure that the links between
your website and our website are properly formatted. It is your sole
responsibility to ensure that the links that you have placed on your website
are always working properly.
Commissions
Commissions
(Commission Rate) on trackable online sales are paid on net sales (i.e., the
net is the remaining amount after any of these deductions: sales tax, duty,
shipping, handling, credit card fees, and similar charges, and not including any
portion of the payment made through the redemption of gift certificates,
coupons, or credits. The Commission Rate is subject to change at any time or
from time to time, in our sole and absolute discretion. You will be notified of
any change in the Commission Rate.
Commissions will also
be reduced for amounts due to credit card fraud, bad debts, cancellations, chargebacks,
and credits for returned goods. A commission will be paid only if the visitor
to our website is tracked by the system from the time of the link to the time
of the sale. No commission will be paid if the visitor to our website cannot be
tracked by our system.
Affiliate and Net
Sales Percentage
1st tier Commission
Policy or Structure here. 2nd tier Commission Policy or Structure here. The
above fee schedule is subject to change without notice. Our cookies are
non-expiring, so repeat visitors that do not come directly from your website
will still count toward your commissions if the cookie is not otherwise removed
by the user.
For a sale to
generate a commission, the customer must follow the link from your website to
our website, purchase the Product or Products in question using our online
ordering system, accept delivery of the item at the shipping destination, and
remit full payment to us.
Commission Payment
Commissions on sales
are paid on net sales collected from customers. Orders are not eligible for a
commission due to credit card fraud, bad debts, cancellations, chargebacks, and
credits for returned Products. If a commission has been paid, the commission
will be deducted from future commissions.
Commissions will be
paid 30 days after the order is fulfilled. All commissions are paid at the end
of any given month. The Commission base is subject to change at any time or
from time to time, in our sole and absolute discretion. You will be notified of
any change in the Commission base.
All commission
payments are made through PayPal.com unless special arrangements are made for
affiliates who do not have access to PayPal. You agree that you are solely
responsible for all tax obligations due to all taxing authorities arising from
or in connection with your participation in our Affiliate Program. The company
shall not withhold any taxes of any kind from your commission checks.
The company is not
responsible for resending lost or missing payments past 90 days from the payment
date.
Reports of Sales
You will be given a
password and can enter a password-protected website to receive your sales
statistics daily.
Policies and Pricing
Customers who buy Products
through the Affiliate Program will be deemed to be customers of the Company.
Accordingly, all Company rules, policies, and operating procedures concerning
customer orders, customer service, and sales will apply to those customers. We
may change our policies and operating procedures at any time. For example, we
will determine the prices to be charged for Products sold under the Affiliate
Program by our pricing policies.
Product prices and
availability may vary from time to time. Because price changes may affect items
that you already have listed on your website, you will be responsible for
maintaining the correct current prices on your website at all times. We will
use commercially reasonable efforts to present accurate information, but we
cannot guarantee the availability or price of any particular Product.
Non-Exclusive Limited
License and Use of Company Logos and Trademarks
We grant you a
non-exclusive, non-transferable, revocable right to (i) access our website
through links solely by the terms of this Agreement, and (ii) solely in
connection with such links, to use our logos, trade names, trademarks, and
similar identifying material (collectively " Marks"), solely to sell a product
on your website for Company. You may not alter, modify, or change the Company
logos, trademarks, or any other text content provided to you through the
Company affiliate section. The use of any of the logos, trademarks, or text
content is only extended to members in good standing in the Company Affiliate
Program.
If you see logos,
trademarked items, or text content that is not in the materials available to
affiliates in the marketing section and you wish to use it on your website, you
may not use them without prior written permission. Permission is not to be
construed as Company giving you any legal ownership or rights to these logos,
trademarks, or text content. The company’s use of any logos, trademarks, or
text content in the display or marketing of Company products does not automatically
make it acceptable for affiliates to assume usage of the same materials is
considered acceptable use of such materials for the promotion of Company
products. Affiliates should assume that ONLY materials directly made available
from Company to Affiliate for the purpose of selling product for the Company
shall be acceptable to use.
The rights granted to
you under this section shall terminate upon the effective date of the
expiration or termination of this Agreement. Additionally, we reserve the right
to secure the highest position in pay-per-click and pay-per-position search
engines and advertising sites by submitting a bid for URLs or other search
terms considered as trademarks, sales marks, service marks, registered
trademarks, or registered URLs (or any variations or abbreviations of same) of
Company. At no time shall you submit bids or use other methods that would cause
listings for your site to rank higher than Company rankings for trademarks,
sales marks, service marks, registered trademarks, or registered URLs (or any
variations or abbreviations of same) of Company.
Publicity, Email, and
Spam Policies
You shall not create,
publish, distribute, or permit any written material that refers to Company,
without first submitting such material to us and receiving our written consent.
Be careful about your advertising methods using email. The company will not
tolerate any form of Spam. We will hear both sides of a Spam complaint but we
will remove one affiliate before we risk all affiliates losing email privileges.
In the event an
affiliate is charged with spamming practices, Company shall not be held liable
for any legal action taken against said affiliate nor be financially
responsible for fines owed by said affiliate.
Responsibility for
Your Site
You will be solely
responsible for the development, operation, and maintenance of your website and
for all materials that appear on your website. We shall have no responsibility
for the development, operation, and maintenance of your website and for all
materials that appear on your website. You hereby represent and warrant to us
that materials posted on your website do not violate or infringe upon the
rights of any third party (including, for example, copyrights, trademarks,
privacy, or other personal or proprietary rights), and those materials posted
on your website are not libelous or otherwise illegal.
You must have express
permission to use copyrighted material owned by another party or other
proprietary material. We will not be responsible if you use copyrighted material
from another party or other proprietary material in violation of the law.
Term of the Agreement
The term of this
Agreement will begin when your affiliate application has been received by
Company through the Company website and you have accepted the Terms and
Conditions in this Agreement. This Agreement will end when terminated by either
party. The Agreement may be terminated by Company or the affiliate for any
reason upon thirty (30) days before email or written notice, or immediately
upon notice of any breach of the provisions of this Agreement.
Upon termination, you
may no longer use Company banners, images, content, trademarks, etc., on your website,
or provide hyperlinks to the Company website. If this Agreement is terminated
because you have violated the terms of this Agreement or if this Agreement is
terminated because your website becomes subject to the Content Restrictions outlined
in Section 1, you are not eligible to receive any commission payments, even for
commissions earned before the date of termination. If this Agreement is
terminated for any other reason, you are eligible to earn a commission only on
sales occurring during the term of the Agreement, and commissions earned
through the date of termination will remain payable only if the related orders
are not canceled or returned. We reserve the right to 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 our sole
discretion. Notice of any change by email to your address on our records, or
the posting on our website of a change notice or a new agreement, is considered
sufficient notice for notifying you of a modification to the terms and
conditions of this Agreement. Modifications may include but are not limited to,
changes in the scope of available commission fees, commission schedules,
payment procedures, and Affiliate Program rules. All such modifications shall
take effect 48 hours after we serve notice as provided above unless we indicate
otherwise.
If any modification
is unacceptable to you, your only recourse is to terminate this Agreement. Your
continued participation in the Affiliate Program, following our posting of a
change notice or new agreement on our website, will constitute binding
acceptance of the change.
Relationship of
Parties
You and Company 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 our behalf. You will not make any statement,
whether on your site or otherwise, that reasonably would contradict anything in
this Section.
Limitation of
Liability
We will not be liable
for indirect, incidental, special, or consequential punitive or multiple
damages, including without limitation any damages resulting from loss of use,
loss of business, loss of revenue, loss of profits, or loss of data arising in
connection with this Agreement, the Affiliate Program, or Company performance
of services or any other obligations relating to the Agreement, even if we have
been advised of the possibility of such damages. Further, our aggregate
liability arising concerning this Agreement and the Affiliate Program will not
exceed the total commissions paid or payable to you under this Agreement. The
foregoing limitation of liability shall apply regardless of the cause of action
under which such damages are sought.
Disclaimers
We make no express or
implied warranties or representations concerning the Affiliate Program or any
Product or other items sold through the Affiliate Program (including, 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 our website will be uninterrupted or error-free, and we
will not be liable for the consequences of any interruptions or errors.
Representations and
Warranties
You hereby represent
and warrant to us that this Agreement has been duly and validly executed and
delivered by you and constitutes your legal, valid, and binding obligation,
enforceable against you by its terms; and that the execution,
delivery, and performance by you of this Agreement are within your legal capacity
and power; have been duly authorized by all requisite action on your part;
require the approval or consent of no other persons; and neither violate nor
constitute a default under the (i) provision of any law, rule, regulation,
order, judgment, or decree to which you are subject or which is binding upon
you, or (ii) the terms of any other agreement, document, or instrument
applicable to you or binding upon you.
Confidentiality
We may disclose to your
certain information as a result of your participation as part of the Affiliate
Program, which information we consider to be confidential (herein referred to
as "Confidential Information"). For purposes of this Agreement, the
term "Confidential Information" shall include, but not be limited to,
any modifications to the terms and provisions of this Affiliate Program
Agreement made specifically for your site and not generally available to other
members of the Affiliate Program, website, business, and financial information
relating to Company, customer and vendor lists relating to Company, and pricing
and sales information for Company and any members of the Affiliate Program
other than you. Confidential Information shall also include any information
that we designate as confidential during the term of this Agreement. You agree
not to disclose any Confidential Information and that such Confidential
Information shall remain strictly confidential and secret and shall not be
utilized, directly or indirectly, by you for your business purposes or for
any other purpose except and solely to the extent that any such information is
generally known or available to the public or if same is required by law or
legal process.
We make no warranty,
expressed or implied, concerning any information delivered hereunder, including
implied warranties of merchantability, fitness for a particular purpose, or
freedom from patent, trademark, or copyright infringements, whether arising by
law, custom, or conduct, or as to the accuracy or completeness of the
information and we shall not have any liability to you or any other person
resulting from your or third-party use of the information.
Indemnification
You hereby agree to
indemnify, defend, and hold harmless the Company, its shareholders, officers,
directors, employees, agents, affiliates, successors, and assigns, from and
against any claims, demands, losses, liabilities, damages, or expenses
(including attorney fees and costs) of any nature whatsoever incurred or
suffered by us (collectively the "Losses"), in so far as such Losses
(or actions in respect thereof) arise out of, are related to, or are based on
(i) any claim or threatened claim that our use of the Affiliate Trademarks
infringes on the rights of any third party; (ii) the breach of any
representation or warranty made by you herein; or (iii) or any claim related to
your website.
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 (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON
TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES
THAT ARE SIMILAR TO OR COMPETITIVE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE
NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS OUTLINED
IN THIS AGREEMENT.
Miscellaneous
This Agreement will
be governed by the laws of the United States and the State of State, without
reference to rules governing the choice of laws. Any action relating to this
Agreement must be brought in the federal or state courts located in City, State
and you irrevocably consent to the jurisdiction of such courts. 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
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. THIS IS A LEGAL
AGREEMENT BETWEEN YOU AND HASTY BAKE CHARCOAL GRILLS. BY CLICKING THE "I
ACCEPT" BUTTON IN THE AFFILIATE APPLICATION YOU ARE AFFIRMATIVELY STATING
THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE
AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE NETWORK AGREEMENT
AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.