Affiliate AGREEMENT

 

  1. INTRODUCTION

This Affiliate Agreement (the “Affiliate Agreement” or “Agreement”) is entered into by and between you (“You” or “Affiliate”) and King Casting LLC, a California limited liability company with its address 18375 Ventura Blvd., PO BOX 514, Tarzana, California 91356 (the “Company”, “The Kings Casting” “Us”, “Our”, “We”). By clicking “Accept” and providing all of the required information, you are agreeing to be bound by and acknowledging your complete acceptance to the Terms and Conditions and this Affiliate Agreement.

For purposes of this Affiliate Agreement:
“Affiliate Program” shall refer to the program whereby You may refer traffic to the Site using a Unique Links and in return, you will be paid a Commission, in accordance with the terms of this Agreement.
“Commission” shall refer to the compensation that You will earn from referrals who sign up to the Site using your Unique Link.
 “Unique Link” shall refer to the unique URL that will be provided to you in order to identify your account and facilitate your referral.

Terms defined in the Terms and Conditions shall have the same meaning in this Agreement unless otherwise defined herein.

  1. ACCOUNT

In order to be eligible to enroll in Our Affiliate Program, you must create an affiliate account. Affiliates can either be registered through an individual or a business entity. Business entities wishing to apply to become a registered Affiliate must complete an application form on the Site and include the business entity’s name, jurisdiction of organization, as well as information from an authorized representative of the business entity. The Kings Casting may, in its sole discretion, require Affiliate to furnish additional information or documentation related to the business entity that is being registered as an Affiliate. You may apply to become a registered Affiliate by completing and submitting an application form on the Site. By submitting an application to become an Affiliate, You acknowledge and agree that The Kings Casting may decline, reject or refuse your application to become an Affiliate for any reason and without explanation to You.

You hereby acknowledge that The Kings Casting has the right to cooperate with any law enforcement or government agency that requests or orders Our disclosure of the identity of any Affiliate. In light of such acknowledgement, you thereby waive and hold The Kings Casting, its, managers, members, principals, employees, contractors, agents, successors and assigns harmless from any claims resulting from the disclosure by The Kings Casting of any personal information to any law enforcement or government agency.

  1. RULES

You expressly agree that You shall not use any fraudulent or deceptive means of any kind in an attempt to try to earn Commission. Additionally, and as an express condition your participation in the Affiliate Program, You agree to the following terms and conditions in connection with the Affiliate Program and in connection with any place in which Affiliate promote the Site:

You do hereby expressly acknowledge that the following conduct is prohibited and do thereby agree that you shall refrain from engaging in conduct that:

  • infers or incurs any undertaking, representation, warranty or agreement on behalf of The Kings Casting;
  • infringes or violates any copyright, trademark, trade secret or intellectual property right of any third party, including The Kings Casting;
  • infringes or violates any privacy rights of any third party, including The Kings Casting;
  • makes available material that is obscene, vulgar, unlawful, illegal, fraudulent, defamatory, illegal, abusive, offensive or inappropriate
  • makes available material that incites or engages in unlawful activity
  • engages in any deceptive or fraudulent activity in connection with Your Affiliate, account.

 

  1. REPRESENTATIONS & WARRANTIES

You hereby represent and warrant that you are able and authorized to enter into this agreement. Furthermore, you hereby expressly assume all liability for any of Affiliate’s actions or omissions which arises to a breach of Our Terms and Conditions or this Affiliate Agreement.

For Affiliates that are registered under business entities, You hereby represent and warrant that:

  • The registering business entity has been dully organized under the laws of the respective jurisdiction of organization;
  • The registering business entity is in good standing under the laws of the respective jurisdiction of organization;
  • The registering business entity is duly qualified to do business in the respective jurisdiction of organization; and
  • You have all power and authority necessary to enter into this Affiliate Agreement.

 

  1. GRANT OF RIGHTS

The Kings Casting may make certain promotional materials (the “Materials”) and trademarks (the “Marks”) available to you in connection with the promotion of the Site for purposes of the Affiliate Program. During the term of this agreement; The Kings Casting grant you limited, revocable, non-exclusive, non-transferable license to reproduce, display, perform, distribute, publish the Materials on the Internet solely in connection with promoting the Site and subject to the terms and conditions of this Agreement. You may not alter any Materials or Marks and may not use the Materials or Marks in any manner that is unlawful, fraudulent, deceptive or in a way which may tend to expose The Kings Casting to any liability.

You agree to refrain from engaging in any activity or usage of the Materials or Marks which infers that you are acting on Our behalf or that creates a likelihood of confusion with the Site. All intellectual property and proprietary rights and goodwill arising out of or in connection with the Materials and Marks shall be wholly and exclusively be owned by The Kings Casting. You may not register or file an application (such as copyright or trademark) in connection with any Materials or Marks.

  1. UNIQUE LINK

Upon acceptance into the Affiliate Program, you will be provided with a Unique Link. Your assigned Unique Link must be used in order for a referral to count towards your Commission. We shall not be responsible for your failure to correctly use the Unique Link. You acknowledge and agree that certain user tracking methods and practices are necessary in order for The Kings Casting to be able to confirm a referral’s use of the Unique Link and that certain browser privacy settings may prohibit Us from being able to link a referral user with your Unique Link.

  1. COMMISSIONS & PAYMENT

The Affiliate commission amount may vary between five and ten U.S dollars. The Kings Casting reserves the right to vary or amend the Affiliate Commission amount. The Kings Casting will provide notification of such change by email to Affiliate and no other notification will be made to you about any amendments. The Affiliate’s continued participation in the Affiliate Program shall be considered as evidence of Affiliate’s acceptance of the prevailing Commission amount. The Kings Casting utilizes Share-A-Sale and Commission payments will be remitted in the time and manner as set forth through Share-A-Sale, which is further set forth in their terms and conditions found here: https://www.awin.com/us/publisher-terms  

You may be required to provide certain tax documentation to Company as a condition to being able to receive Commission payouts. In order for payment to be remitted to You, a valid payout method must be added to Your account. Availability of certain payout methods are subject to the sole discretion of the Company and may vary from time to time. Affiliates are responsible for the correctness and accuracy of their payment information they enter and used by the company to compensate the Affiliate. When the Company has made payment to the Affiliate using a third-party payment service using payment information provided by the Affiliate the Company is deemed to have satisfied all its obligations to make such payment to the Affiliate.

Deductions from any monies earned may occur in the event of any violation of Our Terms and Conditions, this Affiliate Agreement or if refunds or charge backs are issued in connection with any referral subscription. Any taxes that We are required to collect or pay shall be charged to you at the time a purchase or payment is made and that such taxes may include value added tax, excise tax, duties, custom fees and others. You acknowledge and agree that you are responsible for You are an independent contractor and not an employee of The Kings Casting and therefore acknowledge that it is Your responsibility to obtain any licenses necessary and to pay taxes for income earned as an independent contractor of the Company and that You are not entitled to any type of “employee” benefit from Company including, but not limited to, worker’s compensation, disability insurance, vacation or sick pay and You will not be reimbursed for any costs or expenses or expenses.

  1. TERMINATION

The Kings Casting has the right at any time, in its sole discretion, and without notice to revoke the grant of rights to the Materials and/or Marks and to remove, disable, terminate, void or delete any Affiliate account that is registered to the Site. We reserve the right to request supporting documentation regarding any Affiliate account.

  1. AMENDMENTS

The Kings Casting shall notify You in advance prior to any amending, changing or revising any terms of this Agreement. In the event The Kings Casting makes any amendments, revisions or changes to this Agreement; You expressly agree to act in accordance with such changes to ensure that You remain compliant with the duties and obligations set forth under this Agreement. If You do not agree or accept any change or modification to this Agreement; you may cease providing services to the Site or terminate this Agreement. Your failure to terminate or cease rendering services shall be conclusive of your acceptance of the modifications. In case of any queries, You may contact:  support@thekingscasting.com 

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