Affiliate Program Terms And Agreement

Date of last material modification: November 15, 2020

Parties To The Agreement

  • This affiliate program agreement is between Kappa Computer Solutions, LLC, an Illinois, USA limited liability company, and You, a current or prospective member of the K Power Tools Affiliate Program.

Requirements For Participation

  • You must complete the affiliate application and be approved.
  • You must supply a W-9 tax id form (link only works when signed in to Kartra) or an appropriate alternative and any updates as needed.
  • You must agree to the terms herein.

Commission Eligibility

  • Only transactions covered under the Commission Schedule section (below) may qualify.
  • Commissions shall not become eligible for payment until seven (7) days after any applicable refund period has expired or until buyer's payment has cleared and been released to Kappa Computer Solutions, LLC, whichever occurs later.
  • Commission tracking will be based on Kartra's affiliate sales tracking mechanism.
  • If you feel there is an error in the commission calculation or payout, please submit a ticket through the help desk.
  • Kappa Computer Solutions, LLC shall have the final say in commission accounting.

Commission Payouts

  • PayPal is the currently-supported method for payment of commissions.
  • Commissions shall generally be paid during the first week of the month following the month in which the commission becomes eligible for payment as described above.
  • Kappa Computer Solutions, LLC reserves the right to apply chargebacks or adjustments to affiliate commission payments.

Tax Responsibilities

  • You are responsible for fulfilling any and all business or personal tax responsibilities as an affiliate.

Marketing And Advertising Practices

  • You agree to follow US Federal Trade Commission (FTC) guidelines and any other applicable laws or guidelines, including a clear and proximate affiliate disclosure each time you present an affiliate link.
  • You agree not to employ pop-up or pop-under ads or any marketing methods which will (or might) interfere with the user's normal browsing experience.
  • Any associated email marketing messages must be in compliance with the US Federal CAN-SPAM Act of 2003 and any other applicable laws or guidelines.
  • You may not advertise or market on sites or in places that contain or frequently link to material that is illegal or promotes or encourages illegal activities, or which a reasonably prudent business person would consider harmful, threatening, defamatory, obscene, sexually explicit, harassing, or promoting violence.

Modifications To The Agreement

  • Kappa Computer Solutions, LLC shall have the right to modify the terms of this agreement.
  • Kappa Computer Solutions, LLC shall provide notice of material changes via email to the affiliate program mailing list and via the affiliate program Facebook Messenger private chat.
  • You accept that the communications methods we use shall constitute a good-faith effort on our part but are not always 100% reliable and that it is ultimately your responsibility to periodically review the agreement for changes.
  • Your continued participation in the program shall be construed as your continuing acceptance of the terms.

Severability

  • If any provision of this agreement is held to be void, invalid, or inoperative, the remaining provisions of this agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent.

Governing Law And Miscellaneous

  • Each party to this agreement is an independent contractor in relation to the other parties with respect to all matters arising under this agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association, or employment relationship between the parties.
  • No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of such rights.
  • This agreement shall be governed by the laws of the State of Illinois without consideration of any conflict of laws provisions.
  • Except to the extent prohibited by law, you agree that all disputes between parties shall be resolved solely by confidential binding arbitration conducted in accordance with the American Arbitration Association's (or comparable independent arbitration organization) commercial arbitration rules.
  • All arbitration shall be held in Chicago, Illinois, USA, unless otherwise agreed in writing. Each party in arbitration shall split arbitration fees and costs incurred equally, and each party is responsible for its own lawyer fees, unless the arbitrator(s) agree that the case was without reasonable basis in law or fact, in which case costs and attorney's fees may be awarded to the prevailing party or parties.
  • All claims must be arbitrated on an individual complainant basis, and cannot be consolidated in any arbitration with any claim or complaint of any other party or parties except as agreed upon in writing by Kappa Computer Solutions, LLC.
  • To the extent that arbitration is prohibited by law, disputes shall be adjudicated in a court in Cook County, Illinois.