Smoky Lake Maple Products, LLC Affiliate Program Terms of Service
Agreement
By signing up to be an Affiliate and/or by participating in the Smoky Lake Maple Products, LLC Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Smoky Lake Maple Products, LLC reserves the right to update, clarify or otherwise change the Terms of Service without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Program Eligibility
You must own and have experience operating Smoky Lake Maple equipment.
You must be a trusted, contributing member of the maple community.
You must be 18 years or older to be part of this Program.
You must live in the United States or Canada.
The Affiliate Program is NOT designed nor intended to be used for personal purchases. This is strictly a REFERRAL PROGRAM. Abuse of the program in this way may result in cancellation of your account.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process.
Your login may only be used by one person — a single login shared by multiple people is not permitted.
One person or legal entity may not maintain more than one account.
You are responsible for maintaining the security of your account and password. Smoky Lake Maple Products, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account.
You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree to operate in United States Dollars. No foreign currency.
Links/Graphics On Your Website, In Your Emails, Or Other Communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code.
SHARING YOUR AFFILIATE LINK — Methods of sharing your affiliate link include but are not limited to:Use your Affiliate Link on your own blog/website. (ie. Write a product review and then use your affiliate link to direct people to that product page.)
Send your Affiliate Link via an email.
Share your Affiliate Link on your social media. (Note: Using ”vanity links“ may have functionality limitations on certain social media sites. Use standard affiliate links here.)
Share your Affiliate Link in videos you create, or as “end cards” on YouTube.
Distribute your Affiliate Link on business cards.
Use your own Affiliate Link to help customers place orders over the phone.
AFFILIATE LINK RESPONSIBILITY — Your Affiliate Link MUST be properly utilized in order to earn commissions on product sales on SmokyLakeMaple.com. We will not be liable to you with respect to any failure by you or someone you refer to use your Affiliate Link, or correctly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
TRACKING, REPORTING, ACCRUAL — To permit accurate tracking, reporting, and referral commission accrual, you must ensure that each of the links between your site and the Smoky Lake Maple Products, LLC properly utilize the proper Affiliate Link format. Also, the user must allow the use of cookies in their web browser.
FIVE DAY GRACE PERIOD — The Affiliates software makes effort to include commissions for all Product sales that occur within five days of clicking your Affiliate Link. In other words, even if the customer had left SmokyLakeMaple.com and later returned to complete their purchase (within five days), and even if they do not use your Affiliate Link a secondary time, the Affiliates software attributes that sale to your Affiliate account. This tracking requires “cookies”. We cannot be held liable for cookies which are cleared or disabled in the customer’s web browser, including to the extent that such action could result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. (This was increased from three days grace period in summer, 2022)
LINKING TO PRODUCT PAGES — For best conversion rates, we recommend that affiliate links point to the page of the product you are promoting rather than the home page. How to format a link.
VANITY LINKS — Available upon request. A vanity link is a link that is easier for a customer to remember. For example, a vanity link might be SmokyLakeMaple.com/your-name. The limitation of a vanity link is that it can point only to the Smoky Lake home page, not individual product pages. For best results, we also recommend that you do not use vanity links on social media. This is because some social media platforms, such as Facebook, may alter outgoing links as a means of tracking users. Altering the Vanity Link will cause it to disfunction. It needs to be entered exactly.
GRAPHICS — You are permitted to place links, approved banners, or other provided graphics with your Affiliate Code on your site, in your emails, or in other communications. When applicable, we will provide you with guidelines, link styles, and graphical artwork to use in linking to Smoky Lake Maple Products, LLC. We reserve the right to change the design of any provided artwork at any time without notice, or to discontinue supplied artwork altogether.
Referral Fees/Commissions and Payment
For a Product sale to be eligible to earn a referral commission, the customer must click-through your properly formatted Affiliate Link from your own website, social media, email, or other communications to SmokyLakeMaple.com. The order must be completed within five days of clicking your Affiliate Link.
Commission percentages and affiliates accounts will be reviewed at least once per year and are subject to change. This will ensures that the program remains sustainable and worthwhile for all involved.
We reserve the right to clarify or otherwise change our business policies, pricing and operating procedures at any time. For example, product prices and product availability may vary throughout the year. For this reason, we recommend that you do not advertise product prices/lead times on your own sites. We will use reasonable efforts to present accurate and thorough information on SmokyLakeMaple.com. Smoky Lake will not be responsible for honoring any outdated/erroneous pricing/promotion/policy that you may have advertised on your own website or elsewhere.
INSTANCES IN WHICH COMMISSIONS CANNOT BE APPLIED:
We can only pay commissions on links that are automatically tracked and reported by our systems. We will NOT add/pay commissions if someone notifies us that they purchased via an affiliate or someone says they entered a referral code if it was not tracked by our system. NO EXCEPTIONS.
Commissions cannot be awarded for orders/products that are cancelled, returned or refunded.
Products may not be purchased for personal use. This is strictly a referrals program.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payment schedule
Affiliate earnings of $20 or more are paid bi-annually. If you haven’t earned $20 since your last payment, we’ll pay you the following pay cycle after you’ve crossed the threshold.
Payments only begin once you’ve earned more than $20. If your affiliate account never crosses the $20 threshold, your commissions cannot be realized/paid. We are only responsible for paying accounts that have crossed the $20 threshold.
Commission is frozen for 30-days after the customer has received their product/order to ensure that the product/order is not returned/refunded within the order’s 30-day returns period.
Identifying Yourself As A Smoky Lake Affiliate
You may not in any manner misrepresent or embellish the relationship between us and you, express/imply that you develop our products, nor claim that you are part of Smoky Lake Maple Products, LLC in any way. Affiliates may not express nor imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement. Similarly, you may not express nor imply that we support, sponsor, endorse, or contribute money to a charity/cause without a formal written commitment/permission from the owner(s) of Smoky Lake Maple Products.
You may not purchase products through your affiliate links for your own personal use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
Customer Definition
Customers who purchase products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers.
We will handle/discuss billing matters only with the order’s “BILL TO” contact. By default, we handle/discuss shipping matters primarily with the order’s ”SHIP TO” contact. Tracking numbers and related notifications are automatically sent to the one email address that was entered with the order.
Your Responsibilities
You will be solely responsible for the development, operation, and maintenance of your own website (if applicable) and for all promotion materials that appear on your website, social media channels, etc. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment – The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with unique Affiliate Links) – Ensuring that materials/links posted on your site do not violate or infringe upon the rights of and/or agreements with any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) – Ensuring that materials posted on your site are not libelous or otherwise illegal – Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
Compliance With Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term Of The Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to SmokyLakeMaple.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Smoky Lake Maple Products, LLC reserves the right to end the Program at any time. Upon program termination, Smoky Lake Maple Products, LLC will pay any outstanding earnings accrued above $20 with the following pay cycle.
Termination
Smoky Lake Maple Products, LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Smoky Lake Maple Products, LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Smoky Lake Maple Products, LLC reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You (the affiliate) and we (Smoky Lake Maple Products, LLC) are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
Disclaimers
Smoky Lake Maple Products will make no representation that the operation of the SmokyLakeMaple.com will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Smoky Lake Maple Products, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Smoky Lake Maple Products, LLC and govern your use of the Service, superseding any prior agreements between you and Smoky Lake Maple Products, LLC (including, but not limited to, any prior versions of the Terms of Service).
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