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TERMS & AGREEMENT
Agreement with this KBS Coatings Affiliate Program Agreement ("Agreement") is required to apply for, and participate in, the KBS Coatings Affiliate Program ("Program"). By submitting a Program application, You ("Affiliate") agree to the full terms of this Agreement with KBS Coatings. Affiliate acknowledges that Affiliate may participate in the Program only under the terms and conditions set forth herein. Any Program content, trademarks, logos, service marks, trade dress, slogans, copyrighted or other proprietary material, or links contained therein, that are authorized by KBS Coatings to be provided to Affiliate through the Program is considered "KBS Coatings Content."
KBS Coatings does not accept, nor continue, an Affiliate Program relationship with anyone whose Website(s) or online activities do not comply with this Agreement. By filling out and submitting the Program application form, Affiliate agrees to ALL TERMS of this Agreement, including:
- No intent to mislead others or offer false/inaccurate claims.
- No placement of KBS Coatings banners or ads on sites or e-mails that contain or promote libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented or illegal content or links, nor those that perform or encourage cracking, hacking or warez, or that offer any illegal good or service, nor those that link to such sites, e-mails or content.
- Not engaging in, or encouraging, spamming, phishing, indiscriminate or unwanted advertising or unsolicited commercial e-mail.
- Not engaging in, or encouraging, cybersquatting or typosquatting.
- Providing truthful, accurate and complete registration information. If any such information changes, Affiliate must immediately update Affiliate's registration information through Affiliate's online account or by writing to affiliate support.
ONGOING COMPLIANCE - Affiliate's continuing compliance with this Affiliate Agreement is a condition of Affiliate's continuing participation in the Program. KBS Coatings reserves the right to review and audit Affiliate's Website from time to time to determine if Affiliate is in continued compliance with this Affiliate Agreement. KBS Coatings may reject or terminate Affiliate's account if 1) Affiliate's listed main/primary Website is not available; 2) Affiliate's account remains inactive for a period of 90 days; 3) there are any indications or complaints of illegal behavior on or resulting from use of Affiliate's Website(s).
COMMISSION - The applicable commission payable to Affiliate is 10% of all sales generated from a link from the Affiliate website excluding shipping.
PAYMENT TERMS - Payment will be issued in the form of a check written to the name/business name entered for such purpose in the Affiliate Application. Payments will be sent when Affiliate's commissions earned totals a minimum of $100. Payment of commissions may be subject to conditions including policies regarding order cancellation, receipt of pending credit card authorizations and/or chargebacks and minimums for earned compensation before payment is made.
TAX - Affiliate agrees that Affiliate is solely responsible for any and all tax obligations, if any, due to any taxing authorities arising from, or in connection with, Affiliate's participation in any KBS Coatings Programs. Affiliate acknowledges that Affiliate's federal tax ID/EIN will be provided to the Internal Revenue Service if and as required by law.
UNACCEPTABLE CONTENT - Affiliate may not post any illegal, offensive content or incorporate images that is/are in any way harmful, threatening, obscene, harassing or racially, ethnically or otherwise objectionable, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, as determined in KBS Coatings's sole discretion.
Affiliate will place or use qualified links only with the intention of delivering valid sales, leads, applications, accounts, clicks or other specified compensable tracked activities for the benefit of KBS Coatings. Affiliate may not, nor knowingly permit any person to, activate a qualifying link or inflate the amount of any sought-after or resulting tracked activities through any method or technology that does not actually deliver an end user to the destination site associated with such qualifying link.
LIMITED TO U.S. TARGETED USERS - Affiliate will be allowed to participate in the Program so long as Affiliate's Website substantially services or targets U.S. and/or Canadian residents. Affiliate acknowledges that KBS Coatings's service under the Program is primarily for U.S. and Canadian residents.
MATERIAL BREACH - In addition to aforementioned material breaches of the Affiliate Agreement, Affiliate agrees that KBS Coatings may terminate Affiliate from the Program, at KBS Coatings's sole discretion, and that Affiliate will forfeit all monies resulting therefrom if:
(a) Affiliate has become, or is likely to become, a litigant in an action which will materially and adversely affect KBS Coatings's business; or
(b) Affiliate sends spam to KBS Coatings's users, hijacks, provides false account information, falsely increases the number of transactions and/or acts, attempts or performs reverse engineering, poaches, sublicenses, hacks, defrauds, phishes, abuses or any illegal activity; or
(c) Affiliate fails to comply with this Affiliate Agreement or the Affiliate Service Agreement.
Please be advised that if any information is determined in good faith by KBS Coatings to be misleading, inaccurate or untruthful, KBS Coatings may restrict, deny or terminate Affiliate's account, Affiliate's access and use of, and/or any benefits derived from Affiliate's participation in the Program; KBS Coatings may also withhold payment of any commissions and/or other fees that may be or become due or payable to Affiliate, and may assess charges against such amounts for KBS Coatings's activities in connection with the investigation and/or verification of such information and/or otherwise in accordance with this Affiliate Agreement.
NO REPRESENTATIONS - Affiliate agrees that Affiliate shall not, without the express written consent of KBS Coatings, make statements that Affiliate is doing business with any KBS Coatings entity or to use any brand features of KBS Coatings with any such permitted statement, and Affiliate agrees to not make any representations, warranties or other statements concerning KBS Coatings, KBS Coatings's Website, product or services (including but not limited to pricing information, special offers, discounts, and testimonial text), KBS Coatings Content, or KBS Coatings's policies.
TERM AND TERMINATION - The term of this Affiliate Agreement shall be continuous, unless and until either party properly terminates this Agreement, in accordance with the following: (i) KBS Coatings shall provide Affiliate with seven (7) days notice, except as provided for in (iii) below; (ii) Affiliate uses the automated system within the Affiliate Reporting/Account pages to drop the Program; and (iii) Affiliate agrees and acknowledges that if Affiliate breaches any provision of this Affiliate Agreement KBS Coatings may immediately terminate Affiliate from the Program. Upon termination of this Affiliate Agreement, Affiliate must immediately remove from Affiliate's Website(s) and/or promotions, including any newsletters or blogs, and cease using any Program Links. Following forced termination of this Affiliate Agreement by KBS Coatings, Affiliate agrees to refund any amounts that were earned from KBS Coatings in breach of this Affiliate Agreement.
RESPONSIBILITY FOR SITE - Affiliate will be solely responsible for the development, operation, and maintenance of Affiliate's Website(s) and for all content that appears on Affiliate's Website(s). KBS Coatings disclaims all liability for these matters. Further, Affiliate agrees to indemnify and hold KBS Coatings, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all claims, damages, demands, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of Affiliate's site, use of the KBS Coatings Content, violation of this Affiliate Agreement, or violation of any right of another party. Affiliate will permit KBS Coatings, at its election, to assume and control the defense of any such claim.
KBS Coatings has the right to confirm or otherwise verify, in its sole determination, the truth and accuracy of any registration information at any time. Such inquiries may include a credit check of Affiliate's business including its proprietor, principal owners or officers. If requested by KBS Coatings, Affiliate shall provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Affiliate Agreement and will provide any financial information as KBS Coatings may consider necessary to perform initial or periodic reviews of Affiliate's financial stability and business practices.
Affiliate represents, warrants and covenants that Affiliate's businesses and activities will not cause, nor could cause, KBS Coatings to be or become subject to any law, rule or regulation adversely affecting KBS Coatings, and Affiliate shall defend and indemnify KBS Coatings against any such adverse effect.
MODIFICATIONS & AMENDMENTS - KBS Coatings may add to, change, remove or otherwise amend any or all terms or any provision(s) of this Affiliate Agreement at any time, at its sole discretion. Modifications become effective upon notification and/or changes posted on the affiliate page of the KBS Coatings Website, public terms and policies, and/or to the affiliate account pages. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any modification is unacceptable to Affiliate, Affiliate's only recourse is to terminate this Agreement. Affiliate's continued participation in the Program and compliance with such change(s) following KBS Coatings's notification will constitute binding acceptance of such change.
BACKING UP DATA AND OTHER PRECAUTIONS - Data transfer, conversion, processing and storage is subject to the likelihood of human and machine errors, delays, interruptions and losses. KBS Coatings is not liable for any such events or their consequences. Affiliates are solely responsible for adopting measures to limit the impact of such events, including backing up any reports or data provided to Affiliate. KBS Coatings may, from time to time, with or without notice, change the time period covered, type and/or scope of current or historical data stored by KBS Coatings and/or to which it provides Affiliate with access.
COMPLIANCE WITH LAWS - Affiliate and Affiliate's affiliates, officers, directors, employees, consultants, agents and representatives, and the conduct of Affiliate's business, and Affiliate's use of KBS Coatings's Program shall comply at all times with all applicable federal, state, provincial and foreign laws, ordinances, rules, regulations, orders, judgments and decrees.
DISCLAIMER OF WARRANTIES - KBS Coatings HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO ACCURACY, MERCHANTABILITY, COMPLETENESS, CURRENTNESS, SECURITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT AFFILIATE'S USE OF THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT KBS Coatings WILL BE AVAILABLE INCLUDING IN THE EVENT OF BEING TERMINATED FOR WHATEVER REASON FROM KBS Coatings.
LIMITATION ON LIABILITY - IF AFFILIATE REASONABLY DETERMINES THAT KBS Coatings DOES NOT MATERIALLY MEET THE OBLIGATIONS UNDER THIS AGREEMENT, THEN AFFILIATE MUST NOTIFY KBS Coatings IN WRITING WITHIN TEN (10) DAYS OF RECEIVING ANY SUCH ALLEGEDLY NONCONFORMING SERVICES. AFFILIATE'S FAILURE TO SO NOTIFY KBS Coatings ON A TIMELY BASIS SHALL MEAN THAT AFFILIATE ACCEPTS SUCH SERVICES, AND KBS Coatings SHALL THEREAFTER HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO SUCH SERVICES. IF UPON RECEIPT OF ANY NOTICE KBS Coatings MAY, AT ITS SOLE DISCRETION, REPERFORM THE SERVICE IN QUESTION OR OTHERWISE PROVIDE AFFILIATE WITH ANY SUBSTITUTION OR REPLACEMENT SERVICES IN LIEU THEREOF. ANY REPERFORMANCE OR PROVISION OF SUBSTITUTE OR REPLACEMENT SERVICES SHALL IN NO EVENT BE CONSTRUED AS AN ADMISSION THAT THE ORIGINAL SERVICE WAS NONCONFORMING OR OTHERWISE IMPROPER, AND AFFILIATE'S ACCEPTANCE OF THE SAME CONSTITUTES AFFILIATE'S SOLE REMEDY AND IN SUCH CASE CONSTITUTES KBS Coatings'S MAXIMUM LIABILITY FOR ANY SUCH ALLEGED BREACH OF THIS AGREEMENT.
IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON KBS Coatings THEN AFFILIATE AGREES THAT THE TOTAL LIABILITY OF KBS Coatings AND KBS Coatings RELATED PARTIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND REPRESENTATIVES, TO AFFILIATE WILL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00). AFFILIATE RECOGNIZES AND ACKNOWLEDGES THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE, IN LIGHT OF THE FACT THAT KBS Coatings IS PROVIDING THIS SERVICE TO AFFILIATE AT NO CHARGE TO AFFILIATE.
NONE OF KBS Coatings AND KBS Coatings RELATED PARTIES WILL BE LIABLE TO AFFILIATE (WHETHER IN CONTRACT OR BASED ON WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, EVEN IF SUCH PERSON WAS AWARE THAT SUCH DAMAGES COULD RESULT.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF AFFILIATE'S USE OF KBS Coatings, THIS AGREEMENT OR ANY POLICIES AND AGREEMENTS MUST BE FILED WITHIN NINETY (90) DAYS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
INDEMNIFICATION - Affiliate agrees to defend, indemnify and hold harmless KBS Coatings and KBS Coatings Related Parties, and its and their directors, officers, employees, agents, subcontractors and representatives for and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys' fees) that directly or indirectly arise out of or are based on: (a) any misrepresentation or breach of any representation, warranty, or covenant made by Affiliate in this Agreement, (b) any conduct, or activity, error or omission by Affiliate, including in relation to Affiliate's participation on any KBS Coatings Network, performance of any KBS Coatings tracked engagement, or otherwise, (c) any violation by Affiliate of any law, regulation or rule, and/or (d) any actual or alleged infringement by Affiliate of any Intellectual Property Rights or other rights of any person.
KBS Coatings may, at its election in its sole discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by Affiliate. KBS Coatings may participate in the defense of all claims as to which it does not assume defense and control, and Affiliate shall not settle any such claim without KBS Coatings's prior written consent.
KBS Coatings has taken painstaking measures to insure the privacy and security of our affiliate members. There are multiple security measures in place to guard Affiliate's privacy. This includes safeguarding of personal information provided in the Program application and financial data in the member center through secure, encrypted forms and Web pages.
Security and privacy are a high priority, and only key personnel have access to sensitive and/or secure areas, and personal information is never shared or given out. Considering the nature of the Internet, there will be situations that KBS Coatings can not control, even with all our safeguards and precautions, thus KBS Coatings can not guarantee there will never be any negative incidents.
Information Collection/Shared Information
In order to access the affiliate areas on kbs-coatings.com, Affiliate will be asked to provide personal information (defined as including e-mail address, name, mailing address, phone number, business information, tax ID and/or social security number, etc.) on Affiliate's application, for setting up Affiliate's Program account. Affiliate consents to provide it, and it will only be used by KBS Coatings for the purpose for which Affiliate submitted it to KBS Coatings. We will NOT SELL OR TRADE Affiliate's personal information, or use it in any way that jeopardizes Affiliate's privacy.
Statistical (anonymous) user information may be shared with advertisers, business affiliates and sponsors, business partners and associates, and miscellaneous third parties, directly related to conducting business and/or improving Affiliate's experience at kbs-coatings.com. This information is never personal, nor does it contain details of individual users. It is statistical information regarding habits, preferences, age groups, etc., of our users by groups or in general. By doing so, we are able to enhance and personalize Affiliate's use of our site. The exceptions to this rule include when we are required by law to provide personal information (we will always comply with legal and/or government requirements, requests, and/or procedures), or when it protects our users.
Mailing List - Opt-In/Opt-Out
By signing up and/or registering for services, trials, subscription or any offerings, paid or free of charge, Affiliate agrees to be added to KBS Coatings's promotional mailings and e-mail updates. Affiliates always have the option of opting out (removing Affiliate's self from such mailings) by signing in (logging in) to Affiliate's account preferences and unchecking the appropriate box provided. Affiliate's information will never be given or sold to any one outside KBS Coatings.
Please note: This privacy statement applies solely to information collected by this Website. Be aware that KBS Coatings Affiliates will provide links to other (outside and independent) Websites. KBS Coatings is not responsible and can not be held liable for the privacy practices of Affiliate's Websites. Although we strive to associate ourselves with sites and affiliates that agree with our policies, we can not be responsible for any site, link, or affiliate that violates any of our policies or terms/agreements. BE ADVISED THAT ANY AND ALL PROGRAM POLICY VIOLATIONS WILL MEAN THE OFFENDING AFFILIATE AND THEIR AFFILIATE ACCOUNT WILL BE IMMEDIATELY TERMINATED AND NO COMMISSIONS WILL BE PAID. THIS IS TO PROTECT THE PRIVACY AND RIGHTS OF ALL OUR AFFILIATE MEMBERS.
KBS Coatings's Affiliate Program is for, and used by, adults of legal age. We absolutely do not approve anyone for an account if we know them to be under the legal age of 18 years. We aggressively enforce the disallowing of access to minors, for legal purposes as well as security.
COPYRIGHT & TRADEMARK NOTICE
All information, documents, images and written content on this site are copyrighted materials. All editorial information and content, HTML, graphics, art, images, logos, photographs, videos, music, sounds and/or all other materials and content in whatever form (collectively known as "site content") on this site are protected by U.S. copyright laws and international treaties. Express written permission is required before any site content may be copied or used in any manner other than stated here.
Site content is intended for personal, non-commercial use only. The use or re-use of any KBS Coatings content for any purpose other than non-commercial, personal use is strictly prohibited. Modification, publication, transmission or participation in transfer or sale, creation of derivative works, or any form of exploitation of any of this site content, in whole or in part, is unlawful. Content protected by copyright may not be uploaded, distributed, posted, or reproduced without obtaining written permission of KBS Coatings or the applicable copyright owner.
Except as expressly provided herein, KBS Coatings and its information providers, affiliates, and authors of informational/third party articles DO NOT grant any express or implied right of use under any patents, copyrights, trademarks or trade secret information. There are many information providers, advertisers, affiliates, associations, partners, authors/writers and outside links. All trademarks and brands on KBS Coatings.com are the property of their respective owners. Reproduction by any means, electronic, mechanical, or any other method, or any form of storage of materials or site content retrieved from this site are subject to U.S. Copyright laws.
To seek permission for use, send an e-mail to [email protected], or write to:
1101 Cumberland Xing #180
Valparaiso, IN 46383
Permission to use kbs-coatings.com content is reviewed and granted on an individual, case by case basis. For permission to reprint articles, the author of the article must give permission, and KBS Coatings has no control over each author's decision.
THE ABOVE POLICIES ARE STANDARD OPERATING PROCEDURE FOR KBS COATINGS AND ANY OR ALL EMPLOYEES. HOWEVER, WE ARE NOT RESPONSIBLE FOR LINKED SITES, USER MISUSE, ACTS OF GOD, ANYONE NOT DIRECTLY AND ACTIVELY EMPLOYED OR CONTRACTED BY KBS COATINGS, OR ANY INTENTIONAL OR UNINTENTIONAL MISUSE OR DISASTER BY ANY SOURCE OUTSIDE OF KBS COATINGS. WE ARE ONLY LIABLE FOR DAMAGE FROM EQUIPMENT, AND RESULTANT DELAYS, INCONVENIENCES, OR MISHAPS AS FAR AS STANDARD WARRANTIES APPLY. USE OF KBS COATINGS AND/OR KBS-COATINGS.COM MEANS AUTOMATIC COMPLIANCE, AGREEMENT, AND ACCEPTANCE OF ALL STATED POLICIES AND RULES OF USE, RELEASING KBS COATINGS FROM ALL LIABILITY AND RESPONSIBILITIES BEYOND OUR CONTROL, ACTION, OR DEED.
BY SUBMITTING THE KBS COATINGS AFFILIATE PROGRAM APPLICATION AND USING OR REMAINING ACTIVE IN THE AFFILIATE PROGRAM, YOU, THE AFFILIATE, ARE VERIFYING THAT YOU, THE AFFILIATE, ARE AT LEAST 18 YEARS OF AGE AND ACKNOWLEDGE, AND AGREE TO, ALL OF THE ABOVE TERMS AND CONDITIONS. BY SUBMITTING AN APPLICATION AND/OR CLICKING ON THE "I AGREE" ICON BUTTON YOU, THE AFFILIATE, ARE SIGNIFYING YOUR, THE AFFILIATE'S, AGREEMENT TO BE BOUND BY THIS AFFILIATE AGREEMENT TO THE SAME EXTENT AS IF YOU, THE AFFILIATE, HAD PERSONALLY AND PHYSICALLY SIGNED THIS DOCUMENT.