Affiliate Policy Agreement
Welcome to the Secret Headquarters Affiliate Agreement (“Agreement”). This Agreement sets forth the terms and conditions under which Secret Headquarters, INC (“Secret Headquarters”) makes the Secret Headquarters Affiliate ProgramTM (“Affiliate Program”) available to you. By becoming a Secret Headquarters Affiliate and using the Affiliate Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Affiliate Program.
Secret Headquarters reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Secret Headquarters Web Site. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the Secret Headquarters Web Site will constitute binding acceptance of the changes.
1 General Rules
1.1 The Secret Headquarters Terms of Service and the Secret Headquarters Privacy Policy are incorporated herein by this reference. As an Affiliate you will continue to be bound by the Secret Headquarters Terms of Service and the Secret Headquarters Privacy Policy. For purposes of clarity, the Affiliate Program is deemed part of the “Secret Headquarters Services,” and all initially-capitalized terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service and/or the Privacy Policy. In the event of an inconsistency between this Agreement and the Secret Headquarters Terms of Service this Agreement shall control.
1.2 Anti-spam and general coolness policy
* Under no circumstances use SPAM techniques to promote this product.
* Absolutely NO EMAIL SPAM – emails lists MUST be Opt-in – no exceptions.
* Absolutely NO Twitter Spam – use BEST PRACTICES when using twitter to promote
* Absolutely NO Facebook Spam – same goes here. In Fact, NO SPAM AT ALL in any Social Media, Social Networking, or Social Bookmarking Sites.
* You will include Affiliate Disclaimers, as per the FTC Advertising Guidelines
* Do not send JUNK, or UNQUALIFIED TRAFFIC to the marketing content or Secret Headquarters offer. (i.e., if they can’t afford the offer, don’t shove it down their throats)
* Be transparent and authentic – We will treat your visitors with massive respect and give them value during this campaign.
* Keep ALL internal promotional information confidential – if you leak info, you’re OUT.
2 Becoming a Secret Headquarters Affiliate
2.1 Eligibility. Secret Headquarters will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law.
2.2 Opening an Account. To become an Affiliate and have the right to participate in the Affiliate Program, you must enroll in the Affiliate Program by opening an Affiliate account (“Account”) with Secret Headquarters through its online registration process.
2.3 Contact Information. You must provide Secret Headquarters with accurate and complete contact and payment information when you open an Account. You must immediately notify Secret Headquarters if any of your contact or payment information changes. If you do not provide Secret Headquarters with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Affiliate Program.
2.4 Account Security. You will be assigned a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify Secret Headquarters immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Secret Headquarters immediately if you become aware of any other breach or attempted breach of the security of your Account or the Secret Headquarters Service. You can change your password at any time from inside your Account.
3 Your Obligations
3.1 You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of Secret Headquarters and third parties. You must comply with all of the guidelines set forth in this document.
3.2 Special Links. As a member of the Affiliate Program, Secret Headquarters will provide you with special “tagged” link formats (“Special Link(s)”) to be used in linking to the Secret Headquarters Web Site. The Special Links will permit tracking, reporting, and commission calculations. You must ensure that each of these links properly utilize the Special Link formats. You will only earn commissions on activities occurring on the Secret Headquarters Web Site if such activity was originated from properly formatted Special Links. Secret Headquarters will not be liable to you for any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts, which may otherwise be paid to you pursuant to this Agreement.
3.3 Use of Special Links. Secret Headquarters will provide you with the Special Links and graphical artwork to use in linking to the Secret Headquarters Web Site. You must use the Special Links in accordance with the terms and conditions in this Agreement and the Affiliate Guidelines.
4 Customers Purchasing Via the Affiliate Program.
4.1 Order Processing and Reporting. Secret Headquarters will process all product orders placed by customers who follow Special Links to the Secret Headquarters Web Site (“Customers”). Secret Headquarters reserves the right to reject orders that do not comply with any requirements that Secret Headquarters has and may periodically establish. Secret Headquarters will be responsible for all aspects of order processing and fulfillment. Among other things, Secret Headquarters will prepare order forms, process payments and handle customer service. Secret Headquarters will track sales made to Customers who purchase products using Special Links from your web site to the Secret Headquarters Web Site and will make available to you reports summarizing sales activity. Secret Headquarters will use commercially reasonable efforts to present accurate information in the reports, but Secret Headquarters cannot guarantee the accuracy of the reports.
4.2 Customers. Customers who buy products through the Affiliate Program will be deemed to be customers of Secret Headquarters. Accordingly, all of the Secret Headquarters rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. Secret Headquarters may change the Secret Headquarters policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your web site. Secret Headquarters will use commercially reasonable efforts to present accurate information, but Secret Headquarters cannot guarantee the availability or price of any particular product.
4.3 You are not eligible for any commissions for purchasing Secret Headquarters through your own Special Link.
5 Affiliate Commissions and Reporting.
5.1 Affiliate Commissions. Secret Headquarters will pay you commissions in accordance with this Agreement and the Affiliate Commission Schedule (“Commissions”). The Affiliate Commission Schedule is incorporated herein by this reference. Secret Headquarters Affiliates can earn commissions on the following types of transactions:
5.2 Secret Headquarters will pay you a commission on qualifying sales originating from Special Links on your web site or web space in accordance with the then current Affiliate Commission Schedule (link). These commissions are only payable after they are final and beyond any applicable refund period.
6 Payment of Commissions.
6.1 Tax Information. In order to receive your Commissions you must provide your taxpayer information to Secret Headquarters as required by the IRS. If Secret Headquarters does not have your current taxpayer information on file for a particular year, payments due to you under this Agreement will not be made until December 31st of such year, and all of such payments will be subject to a 30% backup withholding which will be submitted to the IRS.
6.2 Payment Terms. Secret Headquarters will pay you Commissions on a monthly basis. 31 days after the Guarantee period expires, payment will be issued via PayPal Mass Pay to the affiliate, less a 15% hold-back. Future payments will be made to affiliates every 30 days there after, starting on the 15th of every subsequent month. After 60 days, the hold-back will be released and paid to affiliates, less any charges against that account.
6.3 Processing Fees. If Secret Headquarters owes you accrued Commissions that are less than $50.00 for at least 365 days, then Secret Headquarters may send you payment of such accrued Commissions minus a $5 processing fee. If the amount of accrued Commissions is under $5 for at least 365 days, such amount will be used to cover Secret Headquarters’s administrative costs and no payment will be made to you.
6.4 Charitable Contribution. Unless you and Secret Headquarters otherwise agree in writing, Secret Headquarters may remit any payment otherwise due to you as a contribution in your name to a 501(c)(3) charitable nonprofit organization of Secret Headquarters’s choice (or any charity agreed upon in writing by you and Secret Headquarters) if: (i) you fail to provide Secret Headquarters with accurate and complete contact information; and (ii) the funds remain outstanding for more than 12 months. If Secret Headquarters makes such a contribution, its obligation to you shall be reduced by the amount of that contribution.
6.5 Termination Fees. If you or Secret Headquarters terminate your Account, and you have less than $50 in accrued but unpaid Commissions then outstanding, Secret Headquarters may charge you a $5 processing fee when sending you your final payment to cover its administrative costs.
7 Identifying Yourself As An Affiliate.
7.1 Secret Headquarters encourages (but does not require) you to include a Special Link on your web site to the Secret Headquarters home page at http://www.Secret Headquarters.com.
7.2 All other Communications. You must always portray yourself as having an affiliate relationship with Secret Headquarters and never more than that.
8 Limited Licenses.
8.1 Secret Headquarters License to You of Logo and Links. Secret Headquarters grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by Secret Headquarters, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant and to assist in generating Commissions. In addition, Secret Headquarters grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your web site or web space to the Secret Headquarters Web Site and promoting the sale of products on the Secret Headquarters Web Site. Secret Headquarters may revoke your license at any time by giving you written notice. Secret Headquarters reserves all of its rights in the graphic images, text, any other images, Secret Headquarters trade names and trademarks, and all other intellectual property rights. Any and all rights in and to Secret Headquarters’s intellectual property shall inure to the benefit of Secret Headquarters.
9 Indemnification.
9.1 As you are bound by the Terms of Service in using the Affiliate Program, you must indemnify, defend and hold Secret Headquarters harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the Affiliate Program. You must also indemnify, defend, and hold Secret Headquarters harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that Secret Headquarters’s use of any images provided via your web site or web space infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b)any claim related to your web site, including, without limitation, content therein not attributable to Secret Headquarters. Secret Headquarters may withhold any Commissions that it owes you if you have to indemnify Secret Headquarters.
10 Term and Termination.
10.1 Term. The term of this Agreement will begin upon Secret Headquarters’s acceptance of your Affiliate Program application and will end when terminated by either party.
10.2 Secret Headquarters Termination. In its sole discretion, with or without notice to you, Secret Headquarters may terminate your participation in the Affiliate Program and terminate your Account. If Secret Headquarters determines, in its sole discretion, that you are abusing the system, the Secret Headquarters Service and/or the Secret Headquarters Affiliate Program, Secret Headquarters may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any Commissions payable to you.
10.3 Your Termination. You may terminate your Account for any reason at any time by notifying Secret Headquarters by emailing info@Secret Headquarters.com.
10.4 Effect of Termination. You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. Secret Headquarters may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the Secret Headquarters Web Site, product images from the Secret Headquarters database, all Secret Headquarters trademarks, trade dress and logos, all Special Links, and all other materials provided by or on behalf of Secret Headquarters to you pursuant hereto or in connection with the Affiliate Program.