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TERMS AND CONDITIONS

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Affiliate Agreement

By filling out the signup form, you acknowledge that you have read and agree with the terms and conditions associated with this affiliate program. Please read this agreement carefully before applying and using the FUN FACTORY USA affiliate service. If you do not accept this agreement, do not apply. 

 

Joining Our Affiliate Program

By filling out the signup form, you agree to become an affiliate and are bound by the terms of this agreement. 

To sign up as an affiliate, you must be at least 21 years of age, have a US mailing address and valid Tax ID or social security number. The website you register with must be operational. Websites with excessive ads, malicious software, or undesirable content will not be accepted into the FUN FACTORY USA affiliate program. FUN FACTORY USA reserves the right to reject an affiliate application at any time. By completing the application you shall provide accurate, reliable, and complete information -you may not use deceptive information or impersonate another person. You are responsible for keeping your login information private and confidential and will contact FUN FACTORY USA upon any known or suspected unauthorized use of your account. The relationship between the parties shall at all time be that of independent contractors. No employment, legal partnership, or joint venture relationship is formed by this referral agreement. The independent Agent shall not enter into any agreements nor incur any expenses on behalf of the Company. The Agent agrees not to disclose any confidential information pertaining to the Company’s goods or services nor that of prospective or existing customers to any third party. 

 

Payment Terms

FUN FACTORY USA affiliate partners earn a 20% net value commission from approved and valid orders placed as a direct result of the use of unique affiliate links. Purchases must be made on us.funfactory.com. Net value shall exclude tax, postage and handling, insurance, and any other expense not related to product- including refunds and payments not honored by a financial institution. Subsequent sales of goods or services to the referred customer shall not be subject to a referral fee except where such subsequent purchase is the direct result of using another referral link. Payment to affiliate partners will take place monthly via check once the payment minimum of $50 has been surpassed. If $50 of referral total is not met in a calendar month, the total will be carried over into the following month- indefinitely until the $50 minimum is met. This payout amount may change at any time, Fun Factory USA will notify affiliate program members of any changes. Money credited is does not accrue interest. In the event of a customer Chargeback, Fun Factory USA may recover the corresponding commission previously credited to the associated affiliate account. In the event of insufficient balance, the Chargeback commission will be deducted against future earnings.  

 

Revocation of Affiliate Status

Your affiliate application and status in the program may be suspended or terminated for any of the following reasons:

 

Tampering with affiliate results
Creating or facilitating false or fraudulent orders
Spreading false or harmful information
Use of malware, spyware, other similar software
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination and referral to the appropriate law enforcement agencies.
Any action that may harm the Fun Factory brand

 

Either party may terminate this referral agreement at any time by giving the other party ten days prior written notice. Upon termination by either party all outstanding referral fees due to the agent at that time shall be settled in full within thirty days. 

 

Affiliate Links

Links can be used across social media, blogs, articles, and reviews, etc. As an affiliate member, you may place and remove us.funfactory.com links at your discretion. However, in order to solicit sales, the affiliate shall not make promises or issue any warranty either expressed or implied pertaining to the goods or services offered by FUN FACTORY USA unless authorized in writing to do so. The affiliate may make use of FUN FACTORY USA trademarks for the sole purpose of promoting its goods or services. Any such use shall be in accordance with the Company’s trademark policies. It is expressly understood that this referral agreement does not grant the affiliate any interest in the Company’s trademarks or any other intellectual property rights. Links may not be placed on sites not under the ownership of the affiliate including newsgroups, unsolicited email, banner networks, counters, chatrooms, or guestbooks/comment forums. Affiliates may not use affiliate links in advertising featuring the Fun Factory brand. Link placement must not be misleading and must be done with the intention of delivering valid sales to Fun Factory. Fun Factory reserves the right to deem any site inappropriate and terminate affiliate links as it sees fit. 

 

Jurisdiction

Fun Factory USA operates in the United States and does not currently support international affiliate members; affiliates must reside in the United States to accept product and payment. Information and materials disseminated by Fun Factory USA are intended to provide information for US customers only and to make no claim to availability or use in other locations. Affiliate members are responsible for compliance of local laws.

 

Email Contact

By applying to the Fun Factory USA affiliate program you are opting in to receive communication from Fun Factory USA. Fun Factory USA reserves the right to send email to you for the purpose of informing affiliate members of new products, promotions, or availability of resources or changes to the affiliate program.

 

Non-Disclosure of Customer Information

Fun Factory USA agrees to not disclose or disseminate confidential information. Fun Factory USA does not collect information about customer transactions other than what is passed through the affiliate tracking code and displayed on transaction reports. Information received is used solely for tracking and verifying validity of transactions for commission payment purposes. 

 

Copyright Ownership

Affiliate program members are granted non-exclusive, limited and revocable right to use Fun Factory USA trademarks and banners. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks provided by Fun Factory USA shall remain the sole property of Fun Factory USA. Fun Factory USA may terminate affiliate use of marks if Fun Factory USA believes use dilutes, tarnishes or depletes the value of the Fun Factory brand. Use of marks denotes agreement to only be used in a manner that is to the benefit of Fun Factory USA. 

 

Membership Transferal

Upon mutual agreement Affiliate or Fun Factory USA may assign affiliate membership to any successor.

 

Termination

You may request termination from the program at any time.