Galahads Master of the Order Affiliate Agreement
This Affiliate Agreement contains the terms and conditions that apply to an individual’s or entity’s participation in the Galahad, LLC referral program (the “Master of the Order”). This Agreement covers the establishment of a Galahads, LLC Internet portal or “link” on the applicant’s site on the World Wide Web (the “Web”). Throughout this Agreement, (Galahads, LLC) will be referred to as “(Galahads, LLC)”, “we” or “our”; and the referral partner will be referred to as “the Referral Partner”, “you” or “your”. (Galahads, LLC)’s site on the World Wide Web is referred to herein as “our web site”; your site on the World Wide Web is referred to herein as “your web site” or “Referral Partner Web Site”.
1. Commencement
To participate in Galahads, LLC’s Program you must complete the online application found here: http://www.thegalahads.com/mastersapplication and agree to all the terms of this operating agreement. Galahads, LLC may reject any application for any reason. Galahads, LLC will reject any application to place its link on a web site that contains, in Galahads, LLC ‘s sole opinion, any objectionable content. Objectionable content includes content that is unlawful in any manner, harmful, threatening, defamatory, obscene, offensive, harassing, sexually explicit, violent, unlawfully discriminatory, or is otherwise objectionable. Galahads, LLC will also reject applications to place its link on a web site that contains links to and advertisements for web sites with objectionable content, gambling sites and casinos.
2. Display of Galahads, LLC’s Link
We will provide to you the technical specifications and other information and logos necessary to establish Galahads, LLC’s banner, link or Uniform Resource Locator (URL) on your web site. You agree to display prominently Galahads, LLC’s graphical image file as provided by Galahads, LLC on one or more pages on your web site. You expressly agree that Galahads, LLC’s name, trademark, logo or any other identifying material will appear on your web page (or on any other web page under your control) only in the form supplied by Galahads, LLC. Galahads, LLC’s graphical image file will provide a link only to a URL to which Galahads, LLC has agreed. Galahads, LLC may cancel this Agreement at any time if your display of Galahads, LLC’s logo, trademark or other identifying material does not meet with Galahads, LLC’s approval. Upon notice from Galahads, LLC you must immediately remove all references to Galahads, LLC, including its name, logo, trademark, service mark or any other identifying material from your web site immediately.
In any event changes are made to Galahad logo and URL, we have the right to terminate this agreement.
3. Referral Commissions
For each customer who visits Galahads, LLC’s web site through the link at your web site, or through any link with your affiliate code Galahads, LLC will pay to you commissions as per the following schedule:
- Galahad Monthly Membership – 50% of monthly fee for clients you refer
- Galahad Quest Product (not owned by you) – 10% of purchase price for products sold through The Galahads purchased by clients you refer.
- Galahad Quest Product (owned by you) – 60% of purchase price for products you sell through Galahads.
Galahads, LLC, at Galahads, LLC’s sole discretion, may refuse any customer. All qualifying referral commissions will be credited to an account set up for you.
4. Payment of Referral Commissions
You will receive payment of your first referral commission when your account balance exceeds $500. You will receive this first payment within approximately 15 days following the end of the month that your account balance exceeds $500. Thereafter, you will receive commission payments within 15 days following the end of the month that your account balance exceeds $500. If for any reason this Agreement is terminated prior to your first referral commission being due and the account balance does not exceed $500, then balance will be paid to you within 90 days. If this Agreement is terminated after the first referral commission is due and payable or has been paid, then any referral commission balances in your account will be paid to you within approximately 45 days from the end of the month in which this Agreement was terminated. Referral commissions will be paid via direct bank deposit or Paypal only. Galahads, LLC will not print and mail physical checks.
5. Affiliate Commitments & Benefits
Each As a Master of the Order of The Galahads, LLC you have certain commitments to fulfill. You commit to abide by the Galahads Code of Chivalry at all times. You commit to answering at least five (5) customer email queries within each and every month. You commit to hosting one (1) Master of the Order Q & A session annually. Failure to fulfill these commitments may result in expulsion from the program. You also have certain benefits. You have the right to participate (at no charge) in the Galahad Roundtable Program, you have the right to be a full participant in Camelot, including the right to purchase quests and earn badges. You have the right to submit blog posts for consideration for use in the Masters of the Order blog. You have the right to submit both free and paid quests for consideration for inclusion on the platform. You have the right to apply for a speaking slot at the Galahads, LLC annual conference.
6. Customer Applications
Each customer who visits the Galahads, LLC web site through the link at your web site, or is referred to Galahads, LLC in writing, must complete an application to join and be approved by Galahads, LLC. All customer information is the sole and exclusive property of Galahads, LLC and the customer applicant. You do not have any right to either (I) participate in any aspect of the information process, or (ii) receive any of the customer’s personal information. This policy specifically prohibits, without limitation, you from receiving customer information directly from customers and subsequently forwarding the customer information to Galahads, LLC. Of course you may request personal information from customers directly related to your own activities, registrations, promotions or the like, but Galahads, LLC will never reveal any personally identifying information about customers or a customer applicant to you. (See Section 15).
7. Policies
Once a customer provides Galahads, LLC with customer information, that customer will be deemed to be a customer of Galahads, LLC for all purposes and will be subject to all policies, procedures, rules and regulations that govern such transactions. Galahads, LLC may change any of its policies or procedures at any time, in accordance with applicable law.
8. Customer Privacy
Galahads, LLC may be subject to rules and regulations; including without limitation, the Privacy Statement on Galahads, LLC’s web site, which specifies how Galahads, LLC may or may not treat a customer’s personal information. You understand that Galahads, LLC ‘s web site and policies are created and operated to abide by all such rules and regulations and you agree to defend, indemnify and hold harmless Galahads, LLC (in accordance with Section 11) from any of your violations of a customer’s privacy rights.
9. Sales Reports
We will provide to you, via email, or extranet login and password, a monthly report that summarizes the sales activity from your web site. In no event will Galahads, LLC reveal the names or other identifying information about its customers. Members have 30 days to object to the sales report. Thereafter, the sales report is accepted as filed.
10. License Agreement
Upon our acceptance of your application we will grant to you a limited, revocable, nonexclusive, non-transferable, non-assignable right to use Galahads, LLC ‘s icon, logo and other images and materials relating to Galahads, LLC (the “License”), which Galahads, LLC provides to you for the limited purpose of fulfilling this agreement. You may not modify any of Galahads, LLC’s images, including, but not limited to its icon or logo. This License is subject to the terms and conditions of this Agreement and is limited to the sole purpose of participating in the Program, promoting Galahads, LLC’s products and services on your web site, and for no other purpose. Galahads, LLC expressly reserves all of its rights in and to its trademarks, trade names, icon, logos and other intellectual property. Galahads, LLC may revoke this license at any time by giving you written notice.
11. Site Maintenance
You are solely responsible for maintaining your web site. Galahads, LLC has no responsibility for the development, operation or maintenance of your web site. You are responsible for all technical operations of your web site, including, without limitation, ensuring that your web site does not contain libelous or objectionable material, and ensuring that all material on your web site is legal and does not infringe on the rights of any third party (including copyright or trademark rights) or the rights of any customer. Galahads, LLC is not responsible for any of these duties and you agree to defend, indemnify, and hold harmless Galahads, LLC, its directors, officers, employees and representatives from and against any and all claims, actions, causes of action, damages, injuries, expenses (including attorney’s fees) relating to the development, operation, content and maintenance of your web site, including, without limitation, any breach of a customer’s privacy rights or any unauthorized use by you of Galahads, LLC ‘s icon, logo and other images and materials relating to Galahads, LLC.
12. Term
This agreement is effective at the time your application is, at the sole discretion of Galahads, LLC, accepted by Galahads, LLC and you are notified of such acceptance either in writing or electronically. Either party, with or without cause, may terminate this Agreement by giving the other party 30 days written notice of the termination. Referral commissions will be paid only on accounts, which are eligible under this Agreement, pursuant to Section 4, at or prior to the time of termination. Upon termination of this Agreement, your License will expire immediately. If the event of a mutual termination without cause, the payments for members commissions will continue for six months and then terminate. In the event of termination for cause (see paragraphs 1,3,5 above) the member forfeits all further payments not currently received.
13. Modification of Agreement
Galahads, LLC may modify this agreement at any time by posting a change on our web site or notifying you by email. Galahads, LLC may change any of the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the referral commission structure, payment procedures, and Galahads, LLC Referral Partner Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Galahads, LLC Referral Partner Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
14. Modification of Banner
Galahads, LLC, at its sole discretion, may change the “look and feel” of the banner or link that you have placed on your web site. If you object to the new “look and feel” of the banner that is on your site, Galahads, LLC will direct you to an area on its web site where other banners will be available for downloading.
15. Relationship of Parties
You and Galahads, LLC are independent contractors for all purposes. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to act on Galahads, LLC’s behalf. Your display of Galahads, LLC’s logo and/or trademark as well as all other content on your web site, or any direct contact you have with any customer or customer account applicant must not contradict this fact.
16. Publicity
You shall not create, publish, distribute, or permit any written or electronic material that makes reference to Galahads, LLC without first submitting such material to us and receiving our written consent.
17. Limitation of Liability
We will not be liable for indirect, special or consequential damages (or loss of revenue, profits, or data) arising in connection this Agreement even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total referral commissions paid or payable to you under this Agreement.
18. Disclaimers
We make no express or implied warranties or representations with respect to the Program or this Agreement or any products or services sold by Galahads, LLC. In addition, we make no representation that the operation of our web site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
19. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of VA, without giving effect to any principles of conflicts of law. Fairfax County, VA shall be the proper place of venue for all suits to enforce this Agreement, and any legal proceedings to enforce the provisions hereof shall be brought EXCLUSIVELY in the District Courts of Fairfax County, VA.
