Program Registration




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Commission type Percent of Sale
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Flopstore
affiliate program terms and conditions



The purpose of the Flopstore
affiliate program is to reward Affiliates for any new customers that they refer
to Flopstore by properly advertising the Flopstore domains through legitimate
methods.



By clicking on the ‘Become
an Affiliate’ icon you agree to abide by the terms and conditions detailed in
this Agreement.



This Agreement
contains the complete terms and conditions that apply to your participation as
a member of the Flopstore Affiliate Program. This Agreement constitutes the
entire agreement between Flopstore and the Affiliate and any pre-existing
agreement or arrangement between Flopstore and the Affiliate shall be
terminated forthwith upon completion of this Agreement, save that any
outstanding commissions owed to you prior to the revocation of your affiliate
status will be credited to the Affiliate’s account and can be used to purchase Flopstore
products or services.



Your Acceptance of
these terms and conditions will be indicated by signing up for an affiliate
account for Flopstore.



Flopstore
Affiliate Program Terms and Conditions



1. Definitions



“this Agreement” shall
mean the contents of the contract between Flopstore and the Affiliate in
respect of the program.



“Flopstore” shall mean
Flopstore LLC of (Company No. 603273781), whose registered office is at 505 UNION AVE SE 120, OLYMPIA, WA, 98501
USA.

‘the Site’ shall mean all Flopstore branded websites worldwide.



‘the Program’ shall
mean the affiliate Program as set out on the Site and that is governed by this
Agreement.



‘the Link’ shall mean
the HTML link provided from time to time by Flopstore to link the Affiliate’s
website to the Site.



‘the Affiliate’ shall
mean the party who agrees to take part in the Program.



2. The Program



2.1) The Program shall be the affiliate program
as set out on the Site from time to time.



2.2) Flopstore is entitled to vary, amend or
cancel the Program without giving notice to the Affiliate. Flopstore may make
any such change by publishing any revised terms on the Site.



2.3) The Program is expressly a
business-to-business relationship and both Flopstore and the Affiliate enter
into it in a business capacity and not as a consumer.



2.4) The Program does not entitle the
Affiliate to represent themselves as an agent, partner or any other form of
associate of Flopstore other than as an Affiliate as expressly provided for in
this Agreement.



3. Suitability
for the Flopstore Affiliate Program



3.1) Flopstore reserves the right to
terminate this Agreement and the Affiliate’s status at any time for any reason
whatsoever at its sole discretion.



3.2) In particular if Flopstore deems that
the Affiliate’s website is inappropriate for the Program then this Agreement
shall be terminated. The Affiliate’s website may be deemed inappropriate if in
the view of Flopstore it contains, promotes or contains links to sites that
are:



3.3) discriminatory, sexually explicit or
violent material, or



3.3) promote, depict or contain links to
material that promote or depict discrimination based on race, gender, religion,
national origin, physical or mental disability, sexual orientation, or age, or



3.4) contains unlawful material, this shall
include but not be limited to materials that may possibly violate another’s
intellectual property rights, or



3.5) contains information regarding, promotes
or links to a site that provides information or promotes illegal activity, or



3.6) for any other reason that is deemed by Flopstore
(at its sole discretion) to be unsuitable.



3.7) Upon Clicking on the ‘start earning now
button’ you are automatically accepted on the Program. Flopstore reserves the
right to withdraw Affiliate status at anytime after you have been accepted onto
the Program for any reason that Flopstore deems relevant. Acceptance into the Program
does not mean that Flopstore has specifically approved the Affiliate or its
website.



4. Legitimate
methods of advertising



4.1) In order to receive commission’s for
referring customers to Flopstore, the Affiliate must engage in proper
advertising. Affiliates found to be engaging in improper advertising shall have
their agreement terminated and their affiliate status revoked. Flopstore shall
be the sole and absolute arbiter of what constitutes proper advertising.



4.2) A non-exhaustive list of examples of
improper advertising shall include but not be limited to:



4.2.1) the forwarding of any urls direct to Flopstore
(this includes misspells of the above trademark domain); and



4.2.2) forcing cookies through iframes;



4.2.3) advertising through third party
networks; with the exception arising from Clause 4.3 below;



4.2.4) brand bidding (including misspells) for
PPC advertising,



4.2.5) including your Flopstore affiliate link
within Unsolicited Commercial Email (UCE) or SPAM,



4.2.6) including any of Flopstore url in search
adverts.



4.3) Affiliates are permitted to promote Flopstore
through various social media communities, as a limited exception to Clause
4.2.3 above. However, Affiliates are not permitted to create groups or specific
web pages in social communities whereby they purport or hold themselves out to
be representatives of Flopstore.



4.4) Flopstore reserves the right to conclude
that you have engaged in an improper method of advertising according to our
standards, at our sole discretion. We may come to such a conclusion even if it
is based upon our opinion or mere suspicion or belief and is without any duty
on Flopstore to prove that our opinion or suspicion is well-founded; and even
if our opinion is proven not to be well-founded or if other hosting/domain name
companies have not deemed it to be an improper method of advertising.



4.5) Any Affiliate found to be adopting
improper methods of advertising for the purpose of the Program shall be deemed
to have been in breach of this Agreement and shall have their Affiliate status
revoked. Such an Affiliate will therefore immediately cease in being an
Affiliate of Flopstore.



4.6) Any sales that have been generated
through improper advertising will not qualify for commission or credit from Flopstore.



4.7) Any Affiliate found to be utilizing these
or any other improper methods of advertising may be required to pay back any
such commission that has been paid by Flopstore to them. If Flopstore elects
not to enforce this right it shall not be deemed to be a waiver of any other
rights that it may have under this Agreement.



5. The
Procedure



5.1) Subject to the terms of this Section, we
will provide to you all Links, and any related banners, graphics, or text
advertisements necessary to promote and offer the Flopstore Services to your
site’s visitors and/or its members. The Flopstore link may contain any picture,
text, logo, graphic, that maybe be attributed with Flopstore.



5.2) Flopstore reserves the right to change
the content and or display of the Link from time to time in our sole
discretion. The link will connect your site with the area on our site (the
landing page) where your referral may apply for Flopstore products directly
with us. The presence of the Flopstore link on your site will serve to identify
you as a member of our Affiliate Program.



6. The
Payment of Commission



6.1) Once a customer has arrived at our
website having followed the Link, their actions on our website will be tracked
for 30 days using a cookie. You will earn commission on their first order that
is placed during the 30 day period. Flopstore will not be responsible for
commissions missed due to the cookie being deleted or blocked or in any other
way failing to track the customer from the Link.



6.2) Affiliates will only earn commission
fees only with respect to activity on our site occurring directly through the
Link that will appear on their website.



6.3) Flopstore is under no obligation
whatsoever to pay any commission to any Affiliate who does not strictly follow
this Agreement as published from time to time.



6.4) Flopstore reserves the right to take
legal action against any Affiliate that commits fraud, or conspiracy to defraud
and to recover any commissions paid to an Affiliate which was earned as a
result of such fraud. For the purposes of this agreement fraud shall include
but not be limited to wittingly violating the terms of this Agreement.



6.5) Flopstore will only make a payment to
the Affiliate when the level of commission due at the end of a given calendar
month is above the commission balance threshold.



6.6) the commission balance threshold for the
purpose of this agreement is $15 USD.



6.7) Flopstore reserves the sole right to
change the commission balance threshold at any time it sees fit without the
prior the consent of its affiliates. In the event of a commission balance
threshold change Flopstore shall notify all its affiliates of the change before
hand. If any modification to the commission balance threshold or the Agreement
as a whole is not acceptable to an Affiliate, the Affiliate shall be entitled
to terminate this Agreement. If an Affiliate terminates this Agreement for any
reason whatsoever then it shall not be entitled to any commission payments
earned after it has terminated this Agreement.



6.7) The Affiliate’s continuing participation
in the Program constitutes its acceptance of any change to the commission
balance threshold or to any other part of this Agreement.



6.8) Affiliates that exceed the commission
balance threshold will automatically be paid each month. Affiliates that do not
exceed the commission balance threshold can apply their balance as credit and
use it for the renewal of their Flopstore accounts or use this credit to
purchase new Flopstore products or services.



6.9) Affiliates that do not reach the $15 USD
commission balance threshold in one calendar month will not lose their accrued
commission, instead this commission can be used as a credit. Their accrued
credit for that particular calendar month will be carried over and applied to
the next calendar month, this process shall continue until the client reaches
the commission balance threshold when they will be entitled to receive a
payment from Flopstore.



6.10) Flopstore will only pay out commissions
on sales that are 15 days old.

Commissions for sales over 15 days old will be paid once the $15 USD threshold
is reached.



6.11) Payments will be sent to Affiliates by ACH,
PayPal, cheque or bankwire. Affiliates shall allow up to 28 days to receive payments
by cheque. It is the sole responsibility of an Affiliate to make sure that
their contact details are up to date and accurate on the Flopstore system in
order to facilitate the cheque reaching them.



6.12) In the event that an affiliate has not
received their cheque after 28 days or their cheque has gone astray, Flopstore will
reissue the Affiliate’s cheque provided that the missing cheque has not been
cashed.



6.13) All missing cheques must be followed up
within six months of the date of their issue. All payments due from missing
cheques that have not been brought to the attention of Flopstore within six
months shall be deemed to have been forfeited by the Affiliate.



6.14) Affiliates will only be paid Commissions
for the first order made by their referral customer only. Commissions will not
be not paid on orders made by existing Flopstore customers. Flopstore will not
pay commission for products that an Affiliate purchases for itself through the
Link. The Flopstore system will simply not recognize this as an Affiliate sale.



6.15) The rates of commission payable to the
Affiliate from time to time shall be published on the Site and this shall be
included in this Agreement as Schedule 1 to it. Schedule 1 may be amended or
varied by Flopstore at any time without reference to the Affiliate. Any revised
rates of commission payment shall take effect from the day that the amended
Schedule 1 is published on the site.



7. Flopstore’s
Obligations



Flopstore agrees to
undertake the following obligations:



7.1) provide all information necessary to
allow the Affiliate to make necessary the Link from the Flopstore to the
Affiliate’s site,



7.2) processing all orders for Flopstore products
or services placed by a referral following the Link,



7.3) tracking the number and amount of
relevant sales generated through the Link,



7.4) providing information to you regarding
commission payments,



7.5) credit card authorizations, payment
processing, cancellations, returns, and all other related customer service for Flopstore
for the purpose of our business, and



7.6) establishing the commission balance
threshold, payment frequency and payouts of earned commissions as contained in
Section 6 of this Agreement.



8. The
Affiliate’s Obligations



The Affiliate agrees
to be solely responsible for the following and shall keep Flopstore fully
indemnified in respect of:



8.1) the content of the Affiliate’s site or
any site that they may be connected to,



8.2) any misrepresentation of Flopstore or
its products or services,



8.3) making of any false claims,
representations or warranties in connection with Flopstore,



8.3) ensuring that your site and your
products and services that you offer from your site comply with all applicable
copyright, trademark, any intellectual property right, Data Protection,
anti-spam or any other applicable law,



8.4) obtaining permission to use another
party’s copyrighted or any other proprietary material,



8.5) the development, operation and
maintenance of the Affiliate’s site and for all materials that appear on it.
For the purposes of this Agreement this shall include but not be limited to,
the technical operation of your site and all related equipment; the accuracy
and propriety of materials posted on your site; and ensuring that materials
posted on your Site do not violate or infringe upon the rights of any third
party and are not libellous or otherwise unlawful or illegal. Flopstore hereby
disclaim all liability for all such matters,



8.6) Affiliates also agree to indemnify and
hold harmless Flopstore, its parent company, sister companies, subsidiaries and
affiliates, and their directors, officers, employees, agents, shareholders,
partners, members and other owners, against any and all claims, actions,
demands, liabilities, losses, damages, judgments, settlements, expenses, and
costs insofar as such arise out of or are based on, or in any way connected
with this Agreement.



8.7) complying with all applicable worldwide
laws - and national laws and regulations in force from time to time this shall
include, but not be limited to, the EU-directive 2002/58/EC, and



8.8) the payment of all tax and national
insurance payable on any payments made to you by Flopstore.



9. Right
to Name as a Reference Customer



9.1) Affiliates shall not create, publish,
distribute, or permit any written or graphical material that makes reference to
Flopstore other than those mentioned in this Agreement or otherwise provided by
Flopstore, without the prior written consent of Flopstore. Flopstore reserves
the right to refuse any request for consent under this Agreement.



10. The
License



10.1) Flopstore grants to the Affiliate a
non-exclusive, non-transferable, revocable right to access the Flopstore site
through the Link solely in accordance with the terms of this Agreement. This
license shall be used solely in connection with the Link, and it will extend to
the use of our logos, trade names, trademarks and similar identifying material
relating to Flopstore and which Flopstore shall provide to the Affiliate, for
the sole purpose of establishing the Link to Flopstore so customers can
purchase Flopstore products and services.



10.2) Affiliates cannot modify or change the
Link or any other materials provided by Flopstore in any way.



10.3) Other than establishing the Link, the
Affiliate shall not make any use of any of the licensed materials noted in the
aforementioned paragraph provided by Flopstore without first obtaining the
prior written consent of Flopstore. Affiliates shall not use the Licensed
Materials in any manner that is inappropriate or that is in any way detrimental
to the Flopstore brand or any other brands.



10.4) Flopstore reserves all of its rights in
the materials provided and all of its other proprietary rights. Flopstore shall
be entitled to revoke this license to use the Link or the materials at any time
and at its sole discretion.



10.5) The licenses described in this Section
shall expire upon the termination of this Agreement.



10.6) Any inappropriate use of the Link, text,
banners or other advertisements not expressly approved of in writing or
provided by Flopstore may be cause for immediate termination of this Agreement.



11. Terms
of the agreement



11.1) The terms of this Agreement will begin
upon your signup with the Program and will end when your affiliate account is
terminated.



11.2) Upon the termination of this Agreement
any commission that has not yet reached the commission threshold shall be
turned into credit which can only be used to purchase products or services from
Flopstore. Affiliates that have reached the $15 USD commission threshold will
be paid upon the termination of the Agreement subject always to the terms of
this Agreement as shall be published from time to time.



12. Modification



112.1) Flopstore reserves the right to modify
or otherwise change the terms of this Agreement at any time as it sees fit. Flopstore
shall make such modifications by way of publishing revised terms on the Site.
Affiliates only remedy in the event of revised terms of this Agreement being published
shall be to terminate this Agreement. An Affiliate shall be deemed to have
accepted of any modification to this Agreement as published from time to time.



13. Limitation
of Liability



13.1) Flopstore shall not be liable to the
Affiliate or to any other person, for indirect, incidental, or special damages,
lost profits, loss of goodwill, lost savings, or any other form of
consequential damages, regardless of the form of action, even if Flopstore has
been advised of the possibility of such damages, whether resulting from breach
of its obligations under this Agreement or otherwise.



13.2) Flopstore’s entire liability in respect
of any liability arising under this agreement will not exceed the total
commission fees paid or payable to the Affiliate under this Agreement.



13.3) Flopstore makes no warranties, either
express or implied, concerning the performance or functionality of the Flopstore
services, or the Program as a whole. This includes but is not limited to the
Link or any other affiliate advertisements and hereby expressly disclaims all
implied warranties, including warranties of merchantability or fitness for a
particular use or purpose.



13.4) Flopstore shall under no circumstances
be liable to the Affiliate or to any other person or entity for any loss, injury,
or damage, of whatever kind, resulting from or arising out of any mistakes,
errors, omissions, delays, or interruptions in the receipt, transmission, or
storage of any messages or information arising out of or in connection with the
Program or Flopstore.



14. Governing
Law



14.1) This Agreement is governed by, and is
construed in accordance with the laws of of the United States of America.



14.2) The Courts of Washington state shall
have jurisdiction to hear any disputes arising from this Agreement.



14.3) Flopstore shall not be liable for the
legality of Flopstore service in countries other than the United States of
America.



14.4) Affiliates are solely responsible for
the legality of the use of the service if the Affiliate in question is
registered to Flopstore service from a country other than the USA or if the
Affiliate’s website is on a server in a country other than the USA.



15. Acceptance



15.1) By clicking on the ‘start earning now’
icon the Affiliate acknowledges that they have read the terms and conditions of
this Agreement, understand them and agree to be bound by them.

This privacy policy sets out how Flopstore USA uses and protects any information that you give Flopstore USA when you use this website. Flopstore USA is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Flopstore USA may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What we collect

We may collect the following information:

  • name
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers

For the exhaustive list of cookies we collect see the List of cookies we collect section.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.

Trademark and Copyright

All product names, logos, and brands are property of their respective owners. All company, product and service names used in this website are for identification purposes only.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email protected]

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. 

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.