Affiliates: T&Cs

The Agreement: This Affiliate Agreement (hereinafter called the 'Agreement') is provided by the following organisation, hereinafter referred to as 'Company': Esports Gear.

The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. This Agreement covers your responsibilities as an affilaite and our responsibilties to you.

Please ensure you read and understand the entirety of this Agreement, as well as having an lawyer's assistance if you desire, because each of the terms of this Agreement are important to our working relationship.

Assent & Acceptance

By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please do not submit an application to our Affiliate Program. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.

Age Restrictions

You must be at  least 18 (eighteen) years of age to join our Affiliate Program. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.

Registration

In order to sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join. The Affiliate Application may be found at the following link: https://esportsgear.goaffpro.com/create-account.

Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program. We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. If we choose not to allow your inclusion in the Affiliate Program, we will attempt to notify you in a reasonable manner. If you do not hear from us within a reasonable time frame, please consider your application rejected. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Acceptable Use Policy.

If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your application. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program.

Non-Exclusivity

This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.

Affiliate Program

After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment).

Please be advised the below is a general description of the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement

We will provide you with a specific link or links which correspond to certain products we are offering for sale (collectively, the 'Link'). The Link will be keyed to your identity and will send online users to the Company's website or websites. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. We may modify the specific link or links and will notify you if we do so. You agree to only use links which are approved by us to display the Link prominently on your website, platforms, social media page, as described in your Affiliate Application (collectively, the 'Affiliate Site').

Each time a user clicks through the Link posted on the Affiliate Site and we determine it is a Qualified Click, as described below, you will be eligible to receive the commission laid out in on the EG Affiliate Program page ( www.esportsgear.uk/pages/affiliates ).

Most commissions are calculated as a percentage of Qualifying Revenues based on the tables shown on the EG Affiliate Program page. 'Qualifying Revenues' mean amounts we receive from customers’ from Qualifying Clicks, excluding shipping, handling, and gift-wrapping fees, taxes, and service charges, and less any rebates, credit card processing fees, returns, and bad debt.

From time to time, we may make changes to the commission rates including but not limited to:

• Exclude certain products or categories of products from earning commission and/or;
• Reduce or Increase the commission rate for specific products or categories of products. We may also run special or limited time offers or promotions under which you may earn commission on Products or categories of Products that were previously excluded from earning commission, or you may earn increased commission rates from those set forth above.

We may notify you about these exclusions, rate changes, special offers or promotions by updating this Agreement or through emails, blog posts, or other means.

Specific Terms Applicable

We will determine whether a payout is permissible in our sole and exclusive discretion. We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement.

Processing and fulfillment of orders will be our responsibility. We will also provide real-time data regarding your account with us through the portal on which you log into the website.

As described above, in order to be eligible for payout, user clicks must be 'Qualified Clicks'.

Qualified Clicks:

1. Are clicks arriving to our website or websites through properly formatted links on the Affiliate Site:
2. Are clicks arriving to our website or websites through the Affiliate's specifically approved sites only (no other websites or social media pages);
3. Are clicks arriving to our website which relate to one specific user; and
4. Are not clicks sent by a bot or other automated web program.

Payout Information

Payouts will only be available when the Company has your current address information as well as accounting and tax documentation. Accounting information may include the routing and account number of a bank where you wish to post a direct deposit or it may include an email address for an online method of payment.

Currently, the Company employs the following methods of payout:

• Bank Transfer
• PayPal

For any changes in your address or accounting information, you must notify us immediately and we will endeavor to make the changes to your payout information as soon as possible.

Payouts will be available the month or periods after they accrue. For example, if payouts are made every 15 days, an entire 15 day period must finish for the payout of that period to be available in the following period.

We explicitly reserve the right to change payout information in our sole and exclusive discretion. If we do so, you will be notified.

Payouts are also subject to the following restriction:

1. Payouts are only available when a threshold of the following amount is met £0.

For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after thirty days of payout will not be addressed.

Reports

You may log into your account with us to review reports related to your affiliation, such as payout reports and Purchase information. Please be advised however, that not all listed purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout.

Term, Termination & Suspension

The term of this Agreement will begin when we accept you into the Affiliate Program. It can be terminated by either Party at any time with or without cause.

You may only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination.

If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.

We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.

At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

Intellectual Property

You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, payments and other intellectual property belonging to the Company ('Company IP').

Subject to the limitation listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.

We may revoke this license at any time and if we find that you are using the Company IP in any manner not comtemplated by this Agreement, we reserve the right to terminate this Agreement.

Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variations of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion.

Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights.

You hereby provide us a non-exclusive license to use your name, trademarks and servicemarks if applicable and other business intellectual property to advertise our Affiliate Program.

Modification & Variation

The Company may, from time to time and at any time, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. If you don't agree to the update or replacement, you can choose to terminate this Agreement as described below.

1. To the extent any part or subpart of this Agreement is held ineffective or invalid in any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
2. You agree to routinely monitor this Agreement. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement.

Relationship of the Parties

Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.

Acceptable Use

You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Company.

You further agree not to use the Affiliate Program:

1. To harrass, abuse, or threaten others or otherwise violate any person's legal rights;
2. To violate any intellectual property rights of the Company or any third party;
3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
4. To perpetrate any fraud;
5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
6. To publish or distribute any obscene or defamatory material;
7. To publish or distribute any material that incites violence, hate, or discrimination towards any group;
8. To unlawfully gather information about others.

Affiliate Obligations

You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials. You must ensure, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.

We may monitor your account, as well as clicks and/or purchases coming through your account. If we determine you are not in compliance with any of the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program.

Reverse Engineering & Security

You agree not to undertake any of the following actions:

Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services;

Violate the security of any of our websites or services through any unauthorised access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

Data Loss

The Company does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk.

Spam Policy

You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Entire Agreement

This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.

Service Interruptions

The Company may need to interrupt your access to the Affilliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

No Warranties

You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an 'As is' basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss.

Limitation on Liability

The Company is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law.