AFFILIATE TERMS & CONDITIONS
Last Updated on June 18, 2019
As a MASK Tactical Affiliate, You have the opportunity to earn money from (i) commissions for training courses that You sell to other people, and (ii) various other products and services that we provide. This Agreement sets forth Your rights and obligations as a MASK Tactical Affiliate. By clicking “I Agree” You indicate by enrollment as an affiliate that You have read and understood this Agreement and You will be bound by its terms and also understand that it is periodically updated and continued promotion and use of our program confirm your agreeance to any future changes. Any time changes are made MASK Tactical will notify you via email as well as updates in any private affiliate groups.
1. PARTIES. All references to “You” and “Your” mean and refer to that MASK Tactical Affiliate who has executed this Agreement by clicking “I Agree.” MASK Tactical and You are each referred to herein as a “Party,” and collectively as the “Parties.”
2. INDEPENDENT CONTRACTOR. You are an independent contractor of MASK Tactical. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between MASK Tactical and You by virtue of this Affiliate Agreement.
3. TERM AND TERMINATION. Your contract with MASK Tactical begins when You click “I Agree,” and will continue month-to-month until either:
A. MASK Tactical cancels Your account due to Your breach of any of the terms of this Agreement. In the event this Agreement is canceled due to Your breach, You forfeit all Commissions and Bonuses owed to You or that may in the future be owed to You.
or
B. MASK Tactical or its successors or assigns, in its sole and absolute discretion, cancels Your Affiliate Agreement. In the event that MASK Tactical or its successors or assigns cancel Your Affiliate Agreements, You will first receive thirty (30) days’ written notice, sent to the e-mail address you provided MASK Tactical and that is associated with your Affiliate profile.
4. COMPENSATION.
A. COMMISSIONS. After You click “I Agree” to the terms of this Agreement, You will receive a unique Affiliate URL, which You will use to advertise MASK Tactical & It’s products & Services. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect purchases a MASK Tactical affiliate eligible product or service by using Your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. You will be paid a commission for each Sold Account. The Commission amount varies per product/service and is outlined in clear detail within the affiliate program information for each product/service. Commission payments will be made to You instantly or delayed based on the particular product sold. For some products/services, there is a “cool down” period for refunds in which we do not pay out until the customer has cleared this period. We can only pay commissions when a person passes the eligible refund period. If the customer purchases, and requests a refund during this period, you will not earn a commission for that sale. For certain products, we have a zero-refunds policy in place, and on those products, you will typically receive an instant commission depending upon your payout method, as well as the customer’s payment gateway. It will never take longer than 45 days for you to be paid a commission unless special uncontrollable circumstances dictate a further delay. Such as software technical difficulties, or customer transaction disputes, which are slightly different than refund requests.
B. TAXES. Before You can be paid any Commission or Bonuses, You must provide MASK Tactical a completed W-8 or W-9, as instructed by MASK Tactical. You will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 to MASK Tactical. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses You receive from MASK Tactical. If You are not a resident of the United States, MASK Tactical may withhold tax (including without limitation VAT) where required to by applicable law. Where MASK Tactical is required to withhold tax, MASK Tactical will document such withholding.
C. COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between MASK Tactical and a Sale. If the transaction does not actually occur, or if payment from a Sale is not actually received by MASK Tactical, You will not be paid a Commission or Bonus on the transaction. If payment for a Sold Account later results in a refund or charge-back, and if a commission or bonus was paid to You for that Sold Account payment, then the commission or bonus will be deducted from Your future commissions. If MASK Tactical determines, in its reasonable discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale. If any Commissions or Bonuses are paid for a Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by MASK Tactical after payment, such payment amounts shall be deducted from Your future commissions and bonuses.
D. U.S. DOLLARS. All commissions are paid in US Dollars via PayPal or check.
E. COMMISSION PAYMENT REQUIREMENT AND FORFEITURE. Active paid Tribe Memberships are required to receive a commission payout. In the event of your membership being canceled for any reason, all commissions, and credit for any sales while the membership is inactive will be voided/forfeited. You will not earn commissions for sales made while your tribe membership isn’t active and in good standing. Credit for any recurring sales made prior to the cancelation of membership will continue to be credited to your account but will be automatically forfeited until we have an active paid tribe membership in good standing. If your membership is reactivated, we will resume any recurring commission payments for past sales from the moment the membership is back in good standing. In short and simpler terms… For you to get paid, you must be an active tribe member. For you to promote us, you must be an active tribe member. If you cancel, your affiliate links will cease to track and credit you for sales, and you will forfeit any commissions that come in from recurring sales made prior to your membership cancelation. You will still be credit for these sales, you will just forfeit any commissions generated while your membership is inactive. We do not hold these commissions. They are immediately forfeited due to you not having an active tribe membership. To ensure you never have issues with this, do your best to always keep your tribe membership in good standing and never let it cancel. We do not wish to withhold or keep your commissions for any reason, but having an active tribe membership is a requirement of our affiliate program and we enforce this to be fair to all of our affiliates.
F. COMMISSION PAYOUTS & THRESHOLDS. The minimum amount of commissions accumulated must be equal to or greater than $100 to qualify for a payout. MASK Tactical reserves the right to withhold commission payments until the minimum total payout amount is $100 or greater. If you receive a commission payment of a lesser amount it is done so only at MASK Tactical’s discretion. MASK Tactical makes commission payments on the 1st and the 15th of the month. If either of those dates falls on a weekend, it will be conducted on the first following business day. MASK Tactical reserves the right to make payouts on any day of the month but will generally try to stick to this payout schedule. Payouts will only occur for transactions that have cleared any applicable refund periods. Refund periods vary product to product and are visible for you to see through the affiliate platform.
5. MARKETING AND RECRUITING.
A. TRUTHFUL. Anything you communicate in marketing or advertising any MASK Tactical service or opportunity must be true and accurate. Claims that relate to any MASK Tactical service or opportunity that are untrue or fraudulent are strictly prohibited. You may not claim that any government, person, or entity endorses or supports MASK Tactical. You may not use the intellectual property of any other person or entity in advertising any MASK Tactical service or opportunity.
B. DISCLAIMER. On any website that You advertise any MASK Tactical service or opportunity, You must plainly display (i.e., not in a link, or in small font) the following disclaimer language:
Disclosure: I am an independent MASK Tactical Affiliate, not an employee. I receive referral payments from MASK Tactical. The opinions expressed here are my own and are not official statements of MASK Tactical.
C. NON-DISPARAGEMENT. You are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of MASK Tactical.
D. INVENTORY LOADING/REBATES. You will not be paid any Commission or Bonus for payments made on your own User Account(s). You are not permitted to open a MASK Tactical account or purchase products or services under the name of another person or entity, or under a fictitious name. You are not permitted to open a MASK Tactical account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. You may not pay for another person’s account. You are not permitted to offer cash rebates or other monetary incentives. Contests for prizes other than cash are however okay and encouraged. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to MASK Tactical all Commissions and Bonuses earned as a result of any such violation.
E. INCOME CLAIMS. If Your recruiting efforts include claims related to the potential income a MASK Tactical Affiliate can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of MASK Tactical, the following guidelines must be adhered to:
1. Your statements must be completely true and accurate and supported by evidence;
2. If You use a hypothetical scenario, You must clearly label it as a hypothetical scenario.
6. MASK TACTICALS’ INTELLECTUAL PROPERTY. No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “MASK Tactical Intellectual Property”) owned by MASK Tactical may be used, copied, or reproduced by You except as set forth below. No MASK Tactical Intellectual Property (or any mark confusingly similar to any MASK Tactical Intellectual Property) is to be advertised for sale or registered as a domain name by You in any fashion.
You may use the MASK Tactical TM mark to advertise MASK Tactical products & services. Any time You use the MASK Tactical TM mark, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking for MASK Tactical. Whether Your use of the MASK Tactical TM is confusing will be determined by MASK Tactical in MASK Tacticals’ sole and absolute discretion. The following guidelines, which may be changed or added to at any time, are designed to help avoid reader confusion:
– You must not use the “voice” of, or purport to speak on behalf of, MASK Tactical.
– You may use only such other images, photographs, and trademarks as MASK Tactical expressly authorizes in writing.
– If you have any questions regarding your use of any MASK Tactical mark, please contact: info@masktactical.com
7. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS. You grant MASK Tactical permission to use any and all photographs taken by MASK Tactical or its agents or employees, or submitted by You to MASK Tactical (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of MASK Tactical or any product or service sold and marketed by MASK Tactical. You agree that this authorization to use Photographs may be assigned by MASK Tactical to any other party. You agree that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in MASK Tacticals’ sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against MASK Tactical in exchange for this Release and Assignment. You hereby release and forever discharge MASK Tactical from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
8. PROHIBITED ACTIVITY. MASK Tactical has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to MASK Tactical’s reputation; and the violation of the rights of MASK Tactical or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to MASK Tactical’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
9. INDEMNITY. You agree to protect, defend, indemnify and hold harmless MASK Tactical, its officers, directors, employees, and owner(s) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against MASK Tactical for liability for payments for, damages caused by, or other liability relating to, You.
10. NO WARRANTY; NO LEADS. MASK Tactical does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that MASK Tactical will not at any time provide sales leads or referrals to You. Additionally, MASK TACTICALS’ WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MASK TACTICAL MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY MASK TACTICAL WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. MASK TACTICAL MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY MASK TACTICAL WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY MASK TACTICAL WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY MASK TACTICAL WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY MASK TACTICAL WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL MASK TACTICALS’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST MASK TACTICAL OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
12. FORCE MAJEURE. MASK Tactical will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of MASK Tactical. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. MASK Tactical shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
13. ASSIGNMENT. MASK Tactical may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without MASK Tacticals’ or its assigns express written consent.
14. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against MASK Tactical including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Washington County, TN. You agree not to file suit against MASK Tactical or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and MASK Tactical. In the event that You and MASK Tactical are unable to reach agreement on an Arbitrator, You and MASK Tactical will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Washington County, TN. The arbitrators selected by You and MASK Tactical will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and MASK Tactical and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Tennessee without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against MASK Tactical to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against MASK Tactical may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents MASK Tactical from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect MASK Tacticals’ rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or MASK Tactical commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
15. ENTIRE AGREEMENT. This Agreement, along with MASK Tacticals’ standard Terms and Conditions represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to Your rights and responsibilities as a MASK Tactical Affiliate.
16. MODIFICATION/AMENDMENTS. This Agreement and MASK Tacticals’ standard Terms and Conditions may be modified by MASK Tactical at any time, with or without prior notice to You. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on You when they are sent to You via e-mail, or are posted in the affiliate center. No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by MASK Tactical. Your continued acceptance of Commission or Bonus payments constitutes Your acceptance to any modifications or amendments to this Agreement.
17. NO WAIVER. No waiver by MASK Tactical of any right reserved or granted to MASK Tactical under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of MASK Tactical.
18. NOTICE. Any notice required to be given to MASK Tactical under or related to this Agreement shall be in writing, addressed as follows:
MASK Tactical HQ
2001 Michael Drive
Johnson City, TN 37604
e-mail: info@masktactical.com
MASK Tactical will send notices to You at the e-mail address You provided to MASK Tactical. Any notices shall be deemed delivered to You when sent by MASK Tactical. You are solely responsible for addressing any technical failures related to Your e-mail address or server, and for reading any e-mail sent to You.
19. SEVERANCE. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms and Conditions, as so modified, shall continue in full force and effect.
