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affiliate terms and conditions

Updated "3. Commissions" 03/09/2017

This Agreement (the “Agreement”) is entered at the time of sign-up and participation in Blackbird & Company’s Affiliate Program (the “Program”). This agreement is a binding, legal contract between you, (the “Affiliate”), and Blackbird & Company LLC (the “Company”).

The Company reserves the right to update and change the Agreement from time to time without notice. Continued use of the Program after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Program at your own risk.

1. Promotional Materials

The Company shall make available to the Affiliate promotional materials for display and use on Affiliate website, social media and emails. Promotional materials may not be altered without permission from the Company. The Company retains all rights, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials.

2. Relationship of Parties

The Affiliate shall provide services for the Company as an independent contractor. The Affiliate shall have no authority to bind the Company into any agreement, nor shall Affiliate be considered to be an agent of the Company in any respect.

3. Commissions

In exchange for the Affiliate’s display of the Promotional Materials, and for the Affiliate’s compliance with and performance of the terms and conditions of this Agreement, the Company shall pay Affiliate a commission (the “Commission). Commission shall be based upon the percentage of sale in effect at the time of sale per product sold to a user that has accessed the Company’s website through a link on Affiliate’s website or other electronic media. The Company reserves the right to change the price of Company’s products and commission percentages for products without notice. Payment of commissions will be made monthly once $10.00 in affiliate income has been earned.

03/01/2017: Commissions will be paid on purchases made for personal, individual, or family use only.

Commissions are not paid on the following:

  • Bulk purchases (as determined by the Company)
  • Purchases for schools, classrooms, co-ops or other groups
  • Purchases made for resale
  • Purchases made with charter school funds or any other direct or indirect government funds
  • Other similar purchases, at the Company's sole discretion

The Company, at its sole discretion, may decide to pay a negotiated commission amount in any of the above or similar circumstances. Please contact us if you have any questions.

4. Customers

Customers who buy products through this Program will be deemed to be the Company’s customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time.

5. Affiliate’s Representations and Warranties

Affiliate’s website does not contain any materials that are Sexually explicit, obscene, or pornographic; Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise) Graphically violent, including any violent video game images; or Solicitous of any unlawful behavior.

6. Termination

Either Party shall have the right to terminate this Agreement at any time and for any cause by giving the other party written notice of termination. Upon termination of this Agreement, Affiliate will immediately cease use of, all links to blackbirdandcompany.com, and all logos, banners, images and materials provided by us. The Company reserves the right to end the Program at any time. Upon program termination, the Company will pay any outstanding earnings accrued above $10.00.

7. Taxes/Fees

Company shall not be responsible for any taxes or fees owed by Affiliate arising out of Affiliate’s relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate.

8. Limitation of Liability

Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.

9. Responsibilities

Affiliate will be solely responsible for the development, operation, and maintenance of Affiliates website, email accounts, and social media accounts.

10. Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

11. Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

12. Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

© Blackbird & Company, LLC