|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
PLEASE READ THE ENTIRE LEGAL AGREEMENT BETWEEN YOU AND TRUMAN’S CLEANING, LLC.
BY SUBMITTING THE APPLICATION YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Truman’s Affiliate Program. The purpose of this Agreement is to allow linking between your web site and Truman’s. Please note that throughout this Agreement, "we," "us," and "our" refer to Truman’s, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
To begin the enrollment process, you will complete and submit the online application on Truman’s affiliate page. We reserve the right to deny your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
Promotes sexually explicit or violent materials
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promotes illegal activities
Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
Includes "Truman’s" or variations or misspellings thereof in its domain name
Is otherwise objectionable to us in our sole discretion.
You may not create or design your website or any other website that you operate to resemble our website nor design your website in a manner which leads customers to believe you are trumans.com or any other affiliated business.
As a member of Truman’s Affiliate Program, you will be able to download HTML code (that provides for links to web pages within the trumans.com web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide.
Truman’s reserves the right, at any time, to review your placement and require that you change the placement or use to comply with the guidelines provided to you.
Truman’s Rights and Obligations
We have the right to monitor your site at any time to ensure you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made.
Truman’s reserves the right to terminate this Agreement without notice should you commit fraud or abuse this program in any way. If such fraud or abuse is detected, Truman’s shall not be liable to you for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of physical or electronic mail. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Truman’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Truman’s uses third parties to handle all of the tracking and payments. The third party for tracking is Refersion and the third party for payment is PayPal. Efforts in earnest will be made to pay commission within 30 days of each successful referral. Commissions are paid only on the initial Truman's purchase (a Starter Kit) and not on any ongoing subscription charges. It is Truman's policy to pay affiliates a commission on net sales price of a transaction, regardless of any published pricing (past or present).
Access to Affiliate Account Interface
You will create a password so that you may enter Refersion’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
Affiliates must exclude from their Pay-Per-Click campaigns keywords such as trumans.com, Truman’s, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords. We reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
Any other advertising programs or behavior that attempts to leverage the trademarks of Truman’s or otherwise deceive a consumer may result in the termination of the agreement without notice.
Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to access our site through HTML links solely in accordance with the terms of this Agreement and solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Truman’s Affiliate Program.
Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
TRUMAN’S MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING TRUMAN’S WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF TRUMAN’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Representations and Warranties
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL TRUMAN’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Truman’s, and its 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, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on any claim that our use of the affiliate trademarks infringes on any trademark, license, intellectual property, or other proprietary right of any third party, any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Truman’s. 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 any others, that reasonably would contradict anything in this Section.
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Kentucky without regard to the conflicts of laws and principles thereof.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.