Affiliate Agreement and Terms of Service
All Brave Products LLC Affiliates are required to agree to our Affiliate Agreement and Terms of Service. You are not an employee of Brave Products LLC and you will be responsible for any and all the taxes on the income earned from Brave Products LLC. By signing up as an affiliate with www.bravesoldier.com, you agree to the following Affiliate Terms of Service. This agreement is by and between Brave Products LLC and their assigns. Brave Products LLC and their assigns shall be referred to as "us, we, or our, merchant" and you shall be referred to as "you, your or affiliate."
You understand that Brave Products LLC and their assigns do not guarantee or predict any type of profit or response from this affiliate relationship. Affiliate agrees to hold Brave Products LLC harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Brave Products LLC and their assigns may become subject arising out of or relating in any way to the use of the affiliate tracking services provided under this agreement, including, without limitation, in each case attorney fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
A. SERVICES We agree to pay you certain referral fees for qualified product sales as defined and published in our affiliate program description.
B. TERMINATION We may terminate your account: (a) if you violate our Terms of Service Policy; (b) promote Brave Products LLC in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion. You may resign from your affiliation at any time.
C. LIMITED WARRANTY
The Affiliate Software, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Brave Products LLC DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE AFFILIATE SOFTWARE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Brave Products LLC SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE AFFILIATE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Brave Products LLC will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Brave Products LLC liable for any of the consequences of such interruptions. Brave Products LLC SHALL NOT HAVE LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. ANY LIABILITY OF Brave Products LLC HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY Brave Products LLC AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
Brave Products LLC OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE Brave Products LLC AFFILIATE SOFTWARE OR ANY INFORMATION PROVIDED ON THE WEB SITE www.bravesoldier.com OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF A Brave Products LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY of Brave Products LLC IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
D. ACCEPTED USE You represent to Brave Products LLC that all content you provide is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of Brave Products LLC any content, or web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Brave Products LLC may not review all information provided by You, You shall remain solely responsible for Your content and web site. As an Affiliate, Brave Products LLC RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS AN AFFILIATE of www.bravesoldier.com. If we learn of a violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action, which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances. As a Brave Products LLC Affiliate, you may place and remove Merchant Links on Your site and in acceptable locations. You can place our banners anywhere on your site as you see fit, or within non-spam emails. At no time will an affiliate ever owe monies to Brave Products LLC based on fees. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true, the account will remain in an inactive state.
E. ASSIGNMENT This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent.
F. CHANGE OF TERMS AND CONDITIONS We reserve the right to change the terms and conditions of this agreement as needed. Use of our services and by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Sections B and K.
G. NOTIFICATION OF ACCOUNT CHANGES You agree to provide us with such other information relating to your use of this service, as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, or payment/PayPal ID information changes.
H. NOTICES All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery.
I. GENERAL PROVISIONS The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed by completing the affiliate registration. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to a Dispute Resolution Service or any recognized Arbitration Board located in North Carolina, before instituting litigation. By signing up as an affiliate you acknowledge this agreement and resulting claims and/or disputes to fall under North Carolina jurisdiction.
J. TERRITORY There are no defined territories for Affiliates.
K. RELATIONSHIP Either party may cancel the relationship at any time in writing. In the event of termination, affiliate will be entitled to receive all commissions less allowances and returns from sales made prior to the termination date. By registering as a Brave Products LLC Affiliate You agree to all of the terms and conditions outlined above.