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Affiliate Agreement

This Affiliate Terms Agreement (the "Agreement") is made and entered into on the date of acceptance by the Affiliate (the "Effective Date") by and between:

Palm Beach Arms, a corporation organized and existing under the laws of the State of Florida, having its principal place of business at 9250 Belvedere Rd Ste 114, Royal Palm Beach, FL 33411, USA (hereinafter referred to as "Company" or "Palm Beach Arms" or "Palm Beach Airguns LLC"), and The undersigned affiliate (hereinafter referred to as "Affiliate").

1. Purpose of the Agreement

The purpose of this Agreement is to set the terms and conditions under which the Affiliate will promote and refer customers to Palm Beach Arms in exchange for commissions based on sales made through the Affiliate’s marketing efforts.

2. Enrollment and Acceptance

To become an Affiliate, the individual or entity must complete the sign-up process on the Company’s website and agree to these terms. Palm Beach Arms reserves the right to approve or deny any application at its sole discretion.

3. Affiliate Responsibilities

  • Marketing and Promotion: Affiliate agrees to promote and refer potential customers to Palm Beach Arms using the Company’s approved marketing materials, such as banners, links, email templates, and other promotional content.
  • No Infringement: Affiliate agrees not to infringe upon the intellectual property of Palm Beach Arms or any third party.
  • Compliance with Laws: Affiliate shall comply with all applicable laws, including but not limited to the Florida Deceptive and Unfair Trade Practices Act, and any other local, state, or federal regulations that govern advertising and marketing.

4. Commissions

  • Commission Rate: Affiliate will receive a commission of [X%] of the sales revenue for each purchase made through the Affiliate’s referral link.
  • Payment Terms: Commissions will be paid after a 45 day hold to prevent payment on sales that may be returned, refunded, disputed, or any instance of payments not being considered permanent.
  • Chargebacks and Refunds: In the event of a chargeback, refund, or any dispute related to the sale, Palm Beach Arms reserves the right to withhold or reclaim commissions related to the refunded or disputed sale.

5. Affiliate Link and Tracking

  • Affiliate Link: Affiliate will be provided with a unique tracking link to track referrals and sales.
  • Tracking Mechanism: The Company will track sales via cookies or other tracking methods. Affiliate understands that if the customer clears their cookies or disables tracking, the sale may not be attributed to the Affiliate.

6. Affiliate Obligations

  • Affiliate shall not use misleading, deceptive, or unethical practices to promote Palm Beach Arms.
  • Affiliate must ensure that all representations made in advertisements are truthful and do not mislead or confuse potential customers.
  • Affiliate is prohibited from using Palm Beach Arms' trademarks, trade names, or other proprietary materials in any way that may harm the reputation of the Company.

7. Term and Termination

  • Term: This Agreement will remain in effect until terminated by either party.
  • Termination: Either party may terminate this Agreement with 1 days' written notice to the other party. Upon termination, Affiliate must immediately cease using all marketing materials and links provided by Palm Beach Arms.

8. Confidentiality

Affiliate agrees to keep confidential any confidential information obtained during the course of this Agreement, including but not limited to marketing strategies, pricing information, customer lists, and other proprietary information.

9. Limitation of Liability

Palm Beach Arms will not be liable for any indirect, incidental, special, or consequential damages arising out of this Agreement, even if the Company was advised of the possibility of such damages. The total liability of Palm Beach Arms for any claims related to this Agreement will not exceed the total amount of commissions paid to the Affiliate in the three (3) months preceding the event giving rise to the claim.

10. Independent Contractor

Affiliate is an independent contractor and is not an employee of Palm Beach Arms. Nothing in this Agreement shall create a partnership, joint venture, or agency relationship between the parties.

11. Indemnification

Affiliate agrees to indemnify and hold harmless Palm Beach Arms, its officers, employees, agents, and affiliates, from and against any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or in connection with the Affiliate's marketing activities or breach of this Agreement.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law principles. Any dispute arising out of or related to this Agreement shall be resolved in the state or federal courts located in Palm Beach County, Florida, USA.

13. Dispute Resolution

In the event of a dispute, the parties agree to attempt to resolve the matter amicably through informal discussions. If the dispute cannot be resolved through informal discussions, the parties agree to submit the dispute to binding arbitration under the rules of the American Arbitration Association (AAA) in Palm Beach County, Florida, USA.

14. Miscellaneous

  • Amendments: Palm Beach Arms reserves the right to modify this Agreement at any time. Any changes will be posted on the Palm Beach Arms website, and the Affiliate will be notified of the changes. Continued participation in the program will constitute acceptance of the modified Agreement.
  • Assignment: Affiliate may not assign or transfer its rights or obligations under this Agreement without the prior written consent of Palm Beach Arms.

15. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings, written or oral, regarding the subject matter of this Agreement.