Program Application




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Conversion action Online purchase with processed valid payment
Cookie days 15 day(s)
Commission type Percent of Sale
Base commission 15.00%
Additional terms Commission Terms to be set at 15% Gross per referral using specific affiliate codes, and/or affiliate links. See Program Terms and Conditions for further information.

Terms & Conditions for Affiliate Program:



At Mind Bending Metal Art we want to inspire and incentivize our
loyal brand Affiliate! Membership grants Affiliate exclusive privileges and
benefits for an enhanced and rewarding experience.



 



Program Terms and Conditions



1.   
Services: Affiliates will perform certain services in connection
with Company and is currently contemplated to engage with the Company’s social
channels, including but not limited to Twitter, Facebook, Instagram, Youtube,
Google+, Pinterest and SnapChat.



2.   
Compensation: In consideration for the full performance of Affiliate’s
services hereunder and the rights and releases granted herein, Company shall
compensate Affiliate and Affiliate agrees to accept the compensation set forth
above.



3.   
Ownership Rights: Affiliate acknowledges that the results and
proceeds of the services provided hereunder, including without limitation all
ideas, themes, materials, and designs developed, created and/or provided by Affiliate
(the “Work”) hereby constitutes a “work made for hire” as that term is defined
in the U.S. Copyright Act of 1976, 17 U.S.C. §101 et seq. and is owned by
Company, for all purposes worldwide in perpetuity. To the extent that any Work
is deemed not to be a work made for hire, and without limiting the foregoing, Affiliate
hereby assigns and transfers all right, title, ownership and interest therein,
presently known or hereafter ascertained, including, but not limited to, all
copyright rights therein, the right to secure the copyright (and all renewals,
reissues and extensions thereof) throughout the world, without any restrictions
as to use, to Company. For the sake of clarity, and without in any way limiting
the foregoing, Company may reproduce, modify, adapt, create derivative works
from, distribute, display, license, assign, transfer and/or otherwise use the
Work, and all elements and derivatives thereof, in whole or in part, in all
media now known or hereafter developed (including without limitation in social
media), worldwide, in perpetuity, royalty-free and without restriction of any
kind. Affiliate acknowledges the ownership and validity of Company’s
copyrights, brands, trademarks, trade dress and patent rights, whether or not
created by or contributed to by Affiliate.



4.   
Use of Likeness: Affiliate further grants to Company the
irrevocable right and permission to film, videotape, photograph and/or
otherwise record Affiliate and to reproduce, publish, distribute, display,
broadcast, exhibit, and/or in any other way use Brand Affiliate image,
likeness, signature, voice, photograph, name (including nicknames), actual
and/or paraphrased statements, biographical information and/or any other
information or attribute identifying and/or otherwise associated with Affiliate
(collectively, “Likeness”), in whole or in part, distorted, altered, modified
and/or adapted in character and/or in form, alone and/or accompanied by other
material, in any manner and without restriction of any kind, worldwide, in
perpetuity and royalty-free, for any purpose whatsoever, including without
limitation for the purpose of advertising, publicity, promotion, and/or other
marketing for Company and/or the Work, in all media now known or hereafter
developed (including without limitation in social media).



5.   
No Right of Approval: Affiliate hereby irrevocably waives any
and all right to inspect and/or approve Company’s use of the Work and/or Affiliate’s
Likeness, including without limitation any text, image and/or other creative
elements that may be used in connection with the Work and/or Affiliate’s
Likeness.



6.   
Confidentiality: Affiliate will regard and retain as
confidential and will not divulge to any third party, or use for any
unauthorized purposes (including Affiliate’s own benefit) either during or
after Affiliate’s engagement with Company, any proprietary, or confidential
information or know-how that Affiliate has acquired during Affiliate’s service
or in consequence of Affiliate’s service or contacts with Company without the
written consent of an authorized representative of Company. Affiliate agrees to
return to Company all such documentation and any other confidential information
upon termination of Affiliate’s engagement with Company.



7.   
Representations and Warranties: Affiliate represents and
warrants that: (i) Affiliate has the full and unrestricted right and authority
to enter into and perform this Agreement and to grant the rights granted
herein; (ii) Affiliate has complied and will comply with all applicable laws,
rules and regulations in rendering the services to be performed under this
Agreement, including without limitation, the current FTC Guides Concerning the
Use of Endorsements and Testimonials in Advertising (“FTC Guides”) and all
related disclosure requirements; and, notwithstanding the termination
provisions set forth herein, Company reserves the right to immediately
terminate this Agreement if Affiliate fails to make social media or other
disclosures in the manner set forth in the FTC Guides, which failure shall be
deemed a material breach of the Agreement that is not capable of cure; (iii)
the Work is original to Affiliate; (iv) the use of the Work and/or Affiliate’s
Likeness does not and will not violate the rights of any third party, including
without limitation, any contract, copyright, trademark, or rights of privacy or
publicity of any third-party; (v) the Work will not contain any disparaging,
pornographic, defamatory and/or offensive material; and (vi) Affiliate will
perform the services in a timely, professional and workmanlike manner.



8.   
Independent Contractor: Each party is an independent contractor
in relation to the other party with respect to all matters arising under this
Agreement and nothing herein shall be deemed to establish a partnership, joint
venture, association or employment relationship between the parties. Affiliate
shall have no express or implied right or authority to assume or create any obligations
on behalf of or in the name of Company or to bind Company to any contract,
agreement or undertaking with any third party.



9.   
We Can Monitor Your Site: You hereby give Us the right to
monitor Your website at any time to determine if you are following these
Affiliate Terms, and to notify you of any changes we feel You should make to
remain in compliance. Further, You must comply with any requests we make for
you to take down specific content from your website. Failure to comply is a
violation of these Terms and grounds for termination of Your affiliate status.



10. 
You will not utilize any promotion, promotion code, coupon or
other promotional opportunity that is not specifically authorized for the use
by Mind Bending Metal Art



11. 
You agree not to bid on any keyword in Pay per Click Search
Engines (PPCSEs) that is a trademark or a derivation of a trademark, or any
other word or term that is likely to cause confusion regarding its affiliation
with Mind Bending Metal Art. Some examples of these keywords include, but are
not limited to: Mind Bending Metal Art, www.mindbendingmetalart.com, Mind
Bending Metal Art coupons, Mind Bending Metal Art promo codes, etc.; Mind
Bending Metal Art may, at its sole discretion and at any time, modify this list
to include any other word or phrase.



12. 
You will not promote Mind Bending Metal Art through paid
advertising or media buying that leads directly to the Mind Bending Metal Art
website. You will not bid on Mind Bending Metal Art -branded keywords as an
affiliate. This applies to all advertising platforms and to all affiliates
unless direct approval from Mind Bending Metal Art is granted.



13. 
You will be open and honest about Your relationship to Us: You
may not misrepresent or embellish the relationship between you and Mind Bending
Metal Art or imply any relationship or affiliation between you and Mind Bending
Metal Art or any other person or entity except as expressly permitted by this
affiliate agreement. You may not represent yourself as an agent or employee of Mind
Bending Metal Art or represent that you have the authority to bind Mind Bending
Metal Art to a contract



14. 
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 mail, email or fax. In addition, this Agreement will terminate
immediately upon any breach of this Agreement by you