The Giant Maker Affiliate Agreement

Last Updated: December 16, 2023

Introduction

This Affiliate Agreement (“Agreement”) governs your participation in The Giant Maker’s Affiliate Program (“Program”). By participating in the Program, you agree to these terms, forming a binding legal contract between you (“Affiliate”) and The Giant Maker Inc (“The Giant Maker,” “we,” or “us”).

SECTION 1: PROGRAM APPLICATION

1. Application Requirements: To apply, provide your first name, last name, phone number, email, and PayPal email for payouts. We accept applications from individuals who have a PayPal account for commission payments.

2. Assessment of Applications: Applications will be evaluated based on the provided information. While we maintain an open and inviting program, we reserve the right to reject applications at our discretion.

SECTION 2: PROGRAM RULES

1. Legal Compliance: Affiliates must comply with all applicable laws, including copyright laws and marketing regulations. You must not target or engage audiences below 18 years of age.

2. Advertising and Promotion:

• Disclosure Requirements: Affiliates must disclose their independent status and clarify that they are not agents or employees of The Giant Maker.
• Marketing and Advertising Practices: You must adhere to truthful advertising, respecting product descriptions and benefits. All promotional activities should direct potential customers to The Giant Maker’s official pages.
• Social Media Guidelines: Compliance with the rules of each social media platform is essential. This includes proper disclosure of sponsored content and adherence to platform-specific advertising guidelines.
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SECTION 3: COMPENSATION

Commission Payment Terms: The Giant Maker, via its Affiliate Manager, will determine the currency and applicable conversion rate for commission payments. Affiliates will earn commissions for each customer transaction attributed to their unique affiliate links. The initial commission rate is set at 30%, with the opportunity to increase up to 50% based on performance and additional criteria established by The Giant Maker. These rates are specific to each campaign, and different campaigns may offer variable payout rates, which will be clearly outlined for affiliates.

Commission Allocation: Should there be any overlapping claims on a commission, The Giant Maker will determine the rightful allocation based on the most current affiliate cookie or other effective tracking methods. This measure is in place to ensure proper attribution of affiliate marketing efforts.

Payouts: Commissions are disbursed once an affiliate’s cumulative earnings reach a minimum of $50. The Giant Maker will issue only one commission payment or similar referral fee per customer transaction unless decided otherwise at our discretion. The affiliate is responsible for maintaining an active PayPal account to receive payments. All commissions are subject to offset by The Giant Maker against any amounts the affiliate owes to the company. All taxes and fees, including bank fees related to commission payments, fall under the affiliate’s responsibility.

Commission Flexibility: The Giant Maker reserves the right to modify or adjust commission amounts and structures according to the needs of each campaign or other business considerations as determined by the Affiliate Manager. Affiliates will receive transparent communication regarding any changes to the commission structure, ensuring they can adapt their promotional strategies accordingly.

Tax Responsibility: Affiliates must handle the payment of all taxes and fees, including bank fees, applicable to the commissions earned through The Partner Program.

By joining The Partner Program, affiliates agree to these compensation terms and recognize The Giant Maker’s commitment to maintaining fair and clear commission practices.

SECTION 4: INTELLECTUAL PROPERTY RIGHTS

1. Resources for Affiliates: You will have access to various marketing materials, including images, videos, and PDFs.

2. Use of Materials: These resources are provided for promoting The Giant Maker’s services and must not be altered. You agree to respect The Giant Maker’s intellectual property rights and use the materials solely for the purposes of the Program.

SECTION 5: TERM AND TERMINATION

1. Duration and Termination: This Agreement is effective upon your acceptance and remains in effect until terminated by either party. Termination can occur at any time for any reason.

2. Breach and Consequences: If you breach this Agreement or engage in fraudulent activities, The Giant Maker reserves the right to terminate the agreement immediately and withhold any pending commissions.

SECTION 6: ADDITIONAL REPRESENTATIONS AND WARRANTIES

You warrant that your activities will comply with all applicable laws and regulations and that you will not make any false or misleading representations about The Giant Maker or its services.

SECTION 7: ENTIRE AGREEMENT

This Agreement, along with The Giant Maker’s Terms of Service, constitutes the entire agreement concerning the Program. It supersedes any prior understandings or agreements.

SECTION 8: INDEPENDENT CONTRACTOR

Your relationship with The Giant Maker is that of an independent contractor. You have no authority to bind The Giant Maker in any respect.

SECTION 9: DISCLAIMER

The Giant Maker makes no guarantees regarding potential income or success as an affiliate. Your results may vary based on effort, market conditions, and other factors.

SECTION 10: LIMITATION OF LIABILITY

The Giant Maker will not be liable for indirect, incidental, or consequential damages arising from this Agreement. Our total liability in any circumstance is limited to the amount of commissions paid to you in the preceding month.

SECTION 11: DISPUTE RESOLUTION

Disputes arising under this Agreement will be resolved through arbitration in the jurisdiction of [Specify Jurisdiction], following the laws of this jurisdiction.

SECTION 12: INDEMNITY

You agree to indemnify The Giant Maker against any claims, damages, or expenses arising from your breach of this Agreement or unlawful conduct.

SECTION 13: SEVERABILITY

If any provision of this Agreement is found unenforceable, the remaining provisions will continue in effect.

SECTION 14: JUDICIAL ACTION FOR PROVISIONAL RELIEF

The Giant Maker reserves the right to seek judicial relief for any breach of this Agreement that causes irreparable harm.

SECTION 15: COMPLAINT NOTIFICATION

Affiliates must promptly report any complaints or issues related to their promotional activities to The Giant Maker.

SECTION 16: FORCE MAJEURE

Neither party will be liable for failures or delays due to circumstances beyond their control, such as natural disasters, government actions, or other force majeure events.