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Affiliate Agreement

 

1.     Affiliate Program:  By checking accept, you acknowledge and accept that you have read and agree with the terms and conditions associated with this affiliate program. By filling out the signup form, you will automatically become an affiliate and are bound by the terms of this agreement.

 

2.     Fotostrap Definition.  For the purpose of this Agreement, Katie Norris Collection, LLC, a Texas Limited Liability Company doing business as FOTO or Fotostrap, shall mean and include any related entity and its successors, assigns, representatives, agents, officers, directors, employees (collectively, as applicable “Fotostrap”).

 

3.     Payment: Fotostrap currently pays a 10% commission to its affiliates for each individual Fotostrap sale.  Fotostrap will make reasonable efforts to pay all earned commissions on a monthly basis on the first of each month but no later than the fifteenth of each month.

 

4.     Program Use:  You may use the affiliate program in the following ways:

 

a.     write a blog post about the Fotostrap and embed the code,

b.     create an ad on your blog for Fotostrap and embed the code (the design work is already done, check out our pre made ads under promotional tools),

c.     share your affiliate link on facebook or twitter, and

d.     sending out a newsletter to your clients? Add a Fotostrap code and embed your custom code

 

Contact support@fotostrap.com if you have any questions about how to use the affiliate program and codes.

 

5.     Subject to Change: While Fotostrap will make reasonable efforts to keep all existing sales prices and commission structures in place for an entire calendar year, Fotostrap may, in its sole and absolute discretion, change sales prices and commission structures at any time for any reason or no reason at all.

 

6.     Revocation of Affiliate Status and Term.  Your affiliate application and status in the program may be suspended or terminated, in Fotostrap’s sole and absolute discretion, for any reason or no reason at all.  This agreement is effective on the date you complete the affiliate signup form and shall continue on a month-to-month basis.  Either party may terminate this agreement by providing the other party written notice.

 

7.     Confidentiality: You may gain access to Fotostrap’s Confidential Information in carrying out your tasks and efforts as a Fotostrap affiliate.  Your compensation is designed to, among other things, provide you with financial and other incentives to protect Fotostrap’s confidential information and maintain, enhance, and grow Fotostrap’s brand, sales, goodwill and customer relationships.  Due to the nature of Fotostrap’s business, Fotostrap continually develops new and additional confidential information.  Fotostrap may supply you with confidential or proprietary information and materials, including without limitation, information concerning Fotostrap’s manufacturers, suppliers, product design, pricing strategies, customer lists, customer proposals, sales menus, sales strategies, algorithms, intellectual property, operations, and plans (“Confidential Information”).  You agree to treat with confidentiality all information and materials provided by and relating to Fotostrap and to use such Confidential Information solely for the purposes of this Agreement.  Except as may be required in carrying out your engagement, you agree not to disclose any such Confidential Information to any third party without the prior written consent of Fotostrap.

 

8.     Status of Parties and Commitment to Others.  It is expressly understood and agreed that, in the performance of this Agreement, you shall at all times act as an independent contractor.  Further, it is expressly understood and agreed that nothing contained in this Agreement shall be construed to create a joint venture, partnership, association, or other affiliation or like relationship between the parties.  The parties specifically agree that their relationship is and shall remain that of independent parties to a contractual relationship.  In no event shall either party be liable for debts or obligations of any other except as otherwise specifically provided in this Agreement.  You represent and warrant that by agreeing to this Agreement you will not breach any other agreement between you and any third party.

 

9.     Logo Use. You may not use the name, logo or corporate identity of Fotostrap for any purpose other than as set forth in this Agreement without Fotostrap’s prior written consent.

 

10.  No Benefits.  You will not have any claim under this Agreement or otherwise against Fotostrap for vacation pay, paid sick leave, retirement benefits, social security, workers compensation, health, disability, professional malpractice, or unemployment insurance benefits or other employee benefits of any kind.

 

11.  No Withholding.  You acknowledge and agree that Fotostrap will not withhold any sums for income tax, unemployment insurance, social security, or any other withholdings pursuant to any law or requirement of any governmental body or make available any of the benefits afforded to Fotostrap employees and that all of such payments, withholdings, and benefits, if any, are your sole responsibility.  You agree to indemnify and hold Fotostrap harmless from any and all loss or liability arising from its failure to make such payments, withholdings, and benefits, if any.  In the event the Internal Revenue Service or any other governmental agency should question or challenge your independent contractor status, the parties hereby agree that Fotostrap shall have the right to participate in any discussion or negotiation occurring with such agency or agencies, regardless of with whom or by whom such discussions or negotiations were initiated.

 

12.  Company Property.  During the performance of this agreement, all Confidential Information and products designed or sold by Fotostrap shall remain the sole and exclusive property of Fotostrap. 

 

13.  Return of Company Property.  Promptly following the termination of this Agreement, regardless of the reason for such termination, you shall return to Fotostrap, and will not take, keep, recreate, or deliver to anyone else, or allow any third party to take, keep, recreate, or deliver to anyone else, any and all company property or Confidential Information.

 

14.  Duration.  This Agreement shall continue in force and effect until either party terminates the Agreement pursuant to Paragraph 6.  Paragraphs 2, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of this Agreement shall continue in full force and effect following the termination of this Agreement.  If you engage in any of the Restricted Activities or otherwise breach or threaten to breach any of the provisions of paragraph 12, the time period during which your activities are restricted under this Agreement shall be suspended and will not run in favor of you from the time you first engaged in any of the Restricted Activities or of such violation or threatened violation until the time when you cease engaging in such Restricted Activities or cure the violation to Fotostrap’s satisfaction.

 

15.  Jurisdiction.  This Agreement will be construed and the legal relations between the parties hereto determined in accordance with the laws of the State of Texas without regard to its conflicts of laws rules.  The parties agree that the state and federal courts sitting in Dallas, Dallas County, Texas, will be the proper forums for any legal controversy arising in connection with this Agreement, and the parties hereby irrevocably and unconditionally consent to the exclusive jurisdiction of such courts for such purposes.  So far as is permitted under applicable law, this consent to personal jurisdiction will be self-operative and no further instrument or action, other than service of process, will be necessary in order to confer jurisdiction upon the parties in any such court.

 

16.  Notice. Any notice required or permitted to be given hereunder may be sent via email with delivery and read receipts to valid email addresses.

 

17.  Exclusivity. This Agreement is non-exclusive meaning (i) except as set out in Paragraphs 7 and 9, nothing in this Agreement shall be construed as limiting your ability to provide services or sale products to other clients and (ii) likewise, Fotostrap may, in its sole and absolute discretion, retain other individuals as employees or contractors to provide the same or similar services as you are providing.

 

18.  Miscellaneous.  This Agreement constitutes the entire agreement and understanding between the parties pertaining to its subject matter(s) and supersedes all prior and contemporaneous agreements or understandings relating to its subject matter(s) between the parties.  Except as otherwise set forth herein, this Agreement may not be amended unless in writing signed by both parties.  You may not assign this Agreement to any person or entity without prior written consent of Fotostrap.  The terms of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns, if any.  The provisions of this Agreement are severable; if any provision of this Agreement is determined by a proper court or authority to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect or impair the remainder of this Agreement, and this Agreement shall remain in full force and effect without such invalid, illegal, or unenforceable provision.  No waiver of any provision of this Agreement or any breach of this Agreement shall be effective unless such waiver is in writing and signed by the waiving party and any such waiver shall not be deemed a waiver of any other provision of this Agreement or any other or subsequent breach of this Agreement.