This an an agreement between Sparkle Gear and an organization that wants to be an Affiliate…
This agreement between Sparkle Gear, Inc. (Sparkle Gear) and an independent organization (Affiliate) describes all of the conditions under which Sparkle Gear will sell items with Artwork and forward to Affiliate a portion of the money collected from the sale of those items.
Affiliate is allowed to give Sparkle Gear the right to use the Artwork…
Affiliate may have already provided or referred Sparkle Gear to illustrations and digital documents, and text (Artwork) related to Affiliate’s organization and/or activities. Affiliate may, in the future, provide and/or refer Sparkle Gear to additional Artwork related to Affiliate’s organization and activities.
Affiliate warrants and represents that it has the right(s) to grant Sparkle Gear the right(s) to use Artwork for the purposes described in this agreement.
Affiliate will indemnify, hold harmless and defend Sparkle Gear against any and all claims that may arise from Sparkle Gear using Artwork for the purposes described in this agreement.
Artwork may be similar to other artwork, illustrations, or designs offered by Sparkle Gear now or in the future. Affiliate makes no claims whatsoever on any rights or Referral Fees due from these other items.
What Sparkle Gear will do with the Artwork…
Affiliate grants Sparkle Gear perpetual rights to use Artwork to create rhinestone, embroidery, vinyl, apparel print, laser engraving, sublimation, and other proprietary Sparkle Gear Designs. Sparkle Gear Designs will be used on items that Sparkle Gear may manufacture and offer for sale.
Affiliate grants Sparkle Gear perpetual rights to use Artwork in conjunction with the promotion, advertisement, packaging, and shipping of items offered for sale, including all printed or electronic uses.
Affiliate grants Sparkle Gear a perpetual right to exclusive use of Artwork for decorated apparel and accessories.
Affiliate agrees that Sparkle Gear may, at its sole discretion, seek legal remedies and damages from any parties that use the Artwork without permission. If Sparkle Gear receives damages to compensate for lost sales, Sparkle Gear will pay to Affiliate that portion of the damages that would have been paid as Referral Fees if sales had been made by Sparkle Gear reduced by a proportionate amount of collection costs incurred.
Affiliate earns money when Sparkle Gear sells items with Artwork…
Affiliate will earn Referral Fees after any minimums specified on the affiliate signature information page are exceeded.
Affiliate will be credited a Referral Fee calculated from the Net Sale Price of any items Sparkle Gear sells via its e-commerce websites with Artwork (Affiliate Items). The referral fee is specified on the affiliate signature page.
Affiliate will be credited a Referral Fee for items sold without Artwork when those specific items are purchased in the same transaction. Other items sold with Affiliate Artwork and customer transaction result from the referral or website session caused by the Affiliate.
Net Sale Price is the price paid for an item less:
Credit card and payment processing fees.
Costs of delivering items to the customer when purchased items are shipped.
Other shipping, packaging, and handling costs are incurred when non-stock apparel or accessory items are purchased.
Sparkle Gear shall accumulate amounts credited to Affiliate until Affiliate requests to use amounts to purchase Sparkle Gear products or until Affiliate requests disbursement of accumulated amounts
How does Affiliate keep track of and access earnings…
When requested by Affiliate’s Authorized Representative, Sparkle Gear will use amounts due to Affiliate to pay for items purchased from Sparkle Gear. Purchases of Affiliate Items using Affiliate’s funds will generate credits to the Affiliate’s account.
When requested by Affiliate’s Authorized Representative, Sparkle Gear will forward amounts due to Affiliate using PayPal, Venmo, or a printed check.
Sparkle Gear shall maintain a Record of Purchases associated with Affiliate. Record of Purchases shall include items purchased and the amount earned for each transaction associated with the Affiliate. Affiliate’s designated representative may review Record of Purchases during normal business hours at Sparkle Gear’s place of business or via the internet using means provided by Sparkle Gear.
Promotion and Marketing…
Both parties agree to use their best efforts in promoting items for sale. Neither party makes any guarantee to the other about minimum sales revenues. Sparkle Gear may remove items from its website or marketing materials without prior notice and at its sole discretion. Any works, designs, or items offered by Sparkle Gear derived from Artwork remain the property of Sparkle Gear and may not be used without the written consent of Sparkle Gear.
Sparkle Gear bears the significant costs of offering Affiliate Items…
Affiliate acknowledges that Sparkle Gear will incur significant monetary expenses and uncompensated time expenditures to ready itself to provide products with Artwork, including but not limited to web hosting, creative services, transaction costs, customer support costs, and product support costs. In Good and Valuable Consideration of Sparkle Gear’s efforts, Affiliate agrees that Sparkle Gear may, at its sole discretion, retail any referral fees during and for one year after Affiliate allows items that are identical or similar to those that Sparkle Gear offers or can offer to be sold by another vendor.
Termination…
Either Sparkle Gear or Affiliate may terminate this agreement at any time. Such termination shall be via writing or confirmed by reply email. Upon termination (1) Sparkle Gear will forward any Referral Fee due to the Affiliate; and (2) Sparkle Gear may continue to use Artwork and sell items with Artwork previously provided under this agreement. When items are sold with Artwork Referral Fee will be due under the terms of this agreement.
Termination…
Either party may terminate this agreement at any time. Such termination shall be via writing or confirmed by reply email. Upon termination (1) Sparkle Gear will forward any Referral Fee due to the Affiliate; and (2) Sparkle Gear may continue to use Artwork and sell items with Artwork previously provided under this agreement. When items are sold with Artwork Referral Fee will be due under the terms of this agreement.
Updates to Sparkle Gear Policies, including this Agreement…
Sparkle Gear maintains and publishes policies related to its business, including this Affiliate Agreement, on the world wide web at https://sparklegear.com. Other policies, including but not limited to the Terms of Service Policy, Privacy Policy, and Returns, Refunds, and Cancellations Policy, are hereby included in this agreement by reference. Sparkle Gear may update this agreement and all other policies at its sole discretion and without notice to Affiliate. Affiliate assumes the responsibility of “subscribing” to the updates of the policies to receive timely notification of any changes.
Limit of Liability…
THE LIMIT OF LIABILITY OF SPARKLE GEAR TO THE AFFILIATE FOR ANY CAUSE OR COMBINATION OF CAUSES SHALL BE, IN THE TOTAL AMOUNT, LIMITED TO THE AMOUNTS PREVIOUSLY PAID TO AFFILIATE.
THIS AGREEMENT BECOMES VALID AFTER AFFILIATE RECEIVES A COPY OF THEIR SIGNATURE PAGE THAT HAS BEEN COUNTERSIGNED BY AN AUTHORIZED REPRESENTATIVE OF SPARKLE GEAR, INC.
__________________________________________________________________________________________
| Sparkle Gear 939 Salem Street, #1 Groveland, MA 01834 | sparklegear.com info@sparklegear.com (978) 561-9663 | Affiliate Agreement 20230630 |
