Affiliate Terms and Conditions

In this agreement, the term "Affiliate" refers to you (the applicant). As an authorized affiliate (Affiliate) of Fotowatch's aaawatchclub.com (AAA Watchclub), you agree to abide by the terms and conditions contained in this Agreement. By applying to the AAA Watchclub Affiliate Program (Program) you are confirming that you have read the agreement and agree to the terms and conditions.

Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to AAA Watchclub by your own website or personal referrals.

1. Approval or Rejection of the Application

We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

2. Commissions

For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.

Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 37 days. Commision will be paid when their balance reaches a minimum balance of $20 USD.

You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral.

Payments will only be sent for transactions that have been successfully completed. Payments will generally be paid out via PayPal. Transactions that result in chargebacks or refunds will not be paid out.

3. Termination

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

Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
Spamming (mass email, mass newsgroup posting, etc.).
use of unsolicited commercial email (UCE).
Advertising on sites containing or promoting illegal activities.
Adult, Hate, or other related sites are not allowed.
Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing FTC guidelines and regulations, or any applicable state laws.
Violation of intellectual property rights. AAA Watchclub reserves the right to require license agreements from those who employ trademarks of AAA Watchclub in order to protect our intellectual property rights.
Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with AAA Watchclub, however, is acceptable.
Self referrals, fraudulent transactions, suspected Affiliate fraud.

Failure to abide by these rules could mean termination from AAA Watchclub Program completely with a complete forfeit of commissions. In addition to the foregoing, AAA Watchclub reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason. Either party has the right to terminate the agreement immediately without prior notice.

If the Affiliate terminates the agreement, no further commissions from AAA Watchclub will be paid for any past or future customer transactions. If AAA Watchclub chooses to terminate the agreement, any balance greater than $25 USD will be paid to the affiliate within 60 days of termination. Balances that are smaller than $25 will be forfeited.

4. Affiliate Links

You may use graphic and text links both on your website, social media accounts, and within your email messages. You may also advertise the aaawatchclub.com site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.

5. Liability

AAA Watchclub will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or products sold by AAA Watchclub. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

6. Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

7. Indemnification

Affiliate shall indemnify and hold harmless AAA Watchclub and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by AAA Watchclub to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

8. Governing Law, Jurisdiction, and Attorney Fees

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Illinois. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Chicago, Illinois.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

9. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the AAA Watchclub affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the aaawatchclub.com application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
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