Introduction:

By use of the Skre Gear Website (www.skregear.com), you agree to the terms and conditions outlined in this Terms of Use Agreement for Affiliates (“Affiliate Agreement”). This Affiliate Agreement constitutes the entire agreement between you and Skre Gear, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Skre Gear, and the subject matter of this Affiliate Agreement. The current Affiliate Agreement will remain posted at this location at all times.

Terms of Use Summary:

  • This agreement may be updated or modified at any time.
  • Affiliates must be at least 18 and supply a tax ID or social security number.
  • You have limited right to use of graphics and content.
  • All content on the Site is protected by copyright laws.
  • Neither parties will be liable to the other for damages.
  • Skre Gear does not control or monitor sites it links to.
  • Use of advertising software commonly known as “adware” or “malware” is not permitted.
  • Affiliate tracking cookies can be set by outbound clicks only.
  • Affiliates cannot represent themselves as merchants.
  • Software, browser plugins or alerts triggered by a URL are acceptable with restrictions.
  • All marketing emails must be CAN-SPAM compliant.
  • Affiliates engaged in actual or attempted fraud will be immediately terminated.
  • Affiliate accounts will be deactivated after one year of inactivity.
  • We may link to press releases or other sites and information.
  • Communications are considered non-confidential on a restricted basis.
  • Affiliates must disclose traffic driving techniques and transparency on request.
  • Sites with offensive content, or incomplete sites, will not be accepted.
  • Skre Gear provides statistics and reporting for Affiliate payment calculations.
  • Overall accepted use of technology and the Affiliate Terms of Use Agreement.

Terms of Use Changes

Skre Gear reserves the right to update, suspend, discontinue, change or otherwise modify this Terms of Use Agreement for Affiliates at any time. When changes are made, notification will be made through the Site, Skre Gear blog or email. At that time Affiliate may either agree to notified changes or withdraw from the program.

Your Privacy

Skre Gear will never use or share personally identifiable information in ways unrelated to the ones described. Skre Gear will never willfully sell, lease, or rent any Affiliate or business’ personally identifiable information to any third party.

Affiliate Registration

To actively participate in Skre Gear, Affiliate must be at least 18 years of age, and supply tax classification. If requested by Skre Gear, Affiliate must supply a valid tax identification number, which would be a social security number for individuals or a federal tax identification number for corporations and/or entities.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to tSkre Gear and the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of Skre Gear the Site, except as allowed under “Limited Right to Use” above, is strictly prohibited. Affiliate does not acquire ownership rights to any content, document or other materials viewed through Skre Gear or the Site.

Warranty and Disclaimer

Skre Gear warrants the computer programs, information and other content available on the Site provided for the Affiliate, are accurate and functional “as-is” to the best of Skre Gear’s ability. ALL OTHER WARRANTIES ARE DISCLAIMED. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE DATE OF USAGE.

Limitation of Liability, Indemnification

Neither the Affiliate nor Skre Gear will be liable to the other for special, indirect or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), incurred or suffered by the other arising as a result of or related to the performance of Skre Gear programs, accuracy of content or the Site information, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages. Affiliate will indemnify and hold Skre Gear harmless against any claims incurred by Skre Gear arising out of or in conjunction with breach of this Affiliate Agreement, as well as all reasonable costs, expenses and attorneys’ fees incurred therein.

Buying/Selling Websites

Due to important tax implications and other issues, an Affiliate who initiates the sale of one or more website(s) configured under their account are required to notify Skre Gear on completion of the sale.

Links to Other Web Sites

Skre Gear and Site may contain links to third-party web sites. Skre Gear does not control or monitor such web sites on a regular basis. Skre Gear is not responsible for the computer programs available from, content in or opinions expressed at such web sites. Skre Gear provides such third-party links only as a convenience to visitors and Affiliates to the site, and the inclusion of a link does not imply approval or endorsement of the linked site by Skre Gear. If an Affiliate decides to leave the Site and access any third-party web site, you do so at your own risk.

Bandwidth or Usage Thresholds

Skre Gear reserves the right to set Affiliate bandwidth or usage thresholds on ad serving, API requests and/or any scripts that interact with Skre Gear Site or web services.

Adware/Malware

All websites configured in Skre Gear by an Affiliate must conform to generally acceptable advertising practices. Affiliate websites or promotional tools must not support, advertise or promote downloadable advertising software (commonly known as “adware” or “malware”) that initiates or installs without the end user’s action of consent. An Affiliate found to be using any forms of adware, malware or spyware will be immediately removed from Skre Gear, and commissions voided.

Pay Per Click (PPC) Search Engine Marketing

Any Affiliate of Skre Gear using PPC to drive merchant traffic may not bid on merchant company name or merchant domain name (exactly as configured in Skre Gear). An Affiliate may not represent themselves as the merchant in PPC campaigns unless consent is given by the Merchant. Commission earnings that originate from a company name or domain name bid violation are subject to withholding.

Promotion Materials

The use of invalid or unauthorized merchant coupons, deals, or promotions is prohibited. If the coupon, deal, or promotion is not listed within the merchants configured ad campaigns, express permission from the merchant is required before use.

Skre Gear Affiliate Cookies

Skre Gear tracking cookies set by Affiliate end-user clicks, through campaigns and tracking links of any kind provided by Skre Gear, must be the direct result of an end-user outbound click, whether from a web site, PPC campaign, newsletter or email. Forced clicks or practices otherwise known as cookie stuffing are against this Affiliate Agreement.

Merchant Brand Representation

Skre Gear prohibits any Affiliate from representing themselves as the merchant by any means, or from using any web programming code or techniques to frame the Merchant’s site within an end user’s browser. If an Affiliate chooses to frame Merchant’s sites it must be with Merchant consent before doing so.

FTC Disclosures

Affiliate is required to follow the Guides Concerning the Use of Endorsements and Testimonials in Advertising from the Federal Trade Commission. The guide sets forth the general principles the FTC uses to evaluate endorsements and testimonials, together with examples illustrating the application of those principles. The guide does not purport to cover every possible use of endorsements in advertising. Whether a particular endorsement or testimonial is deceptive will depend on the specific factual circumstances of the advertisement at issue.

Cyber, Domain or Typo-Squatting

Affiliate may not use a domain name with bad faith intent to profit from the goodwill of a trademark or copyright belonging to another company or individual. Any relevant activities including, but limited to, Typosquatting, URL Hijacking, Cybersquatting or Brandjacking are not permitted. Skre Gear reserves the right to remove an Affiliate deemed to be violating the Anticybersquatting Consumer Protection Act, and void commissions.

Traffic Generation

Software reminders, browser notifications or alerts triggered by a merchant URL in a browser address bar are acceptable with restrictions. Reminders or notifications may include, but are not limited to, browser helpers, plug-ins and toolbars. Skre Gear reserve the right to apply passive click restriction on Affiliate accounts or websites utilizing software reminders, browser alerts or notifications that knowingly or unknowingly undermines the valid tracking cookie of another Affiliate.

Black Hat SEO

Black Hat SEO or Spamdexing techniques of any kind, including but not limited to, Cloaking and Content Scraping, is strictly prohibited and enforced. Any Affiliate caught using Black Hat methods will be removed from Skre Gear on first offense, and commission payments subject to withholding.

Email Marketing

If an Affiliate chooses to promote Merchants by way of email lists, the email marketing must comply with the CAN-SPAM Act of 2003 legislation and the applicable regulations governing email marketing. The CAN-SPAM Act, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a web site.

Fraud or Attempted Fraud

Fraud is a very serious, and even criminal offense. Evidence of any kind of Affiliate fraud, or attempted fraud, will result in immediate termination from Skre Gear and voided commissions. Fraudulent activity may include, but is not limited to, credit card transaction fraud, use of adware/malware, cybersquatting, forced clicks and certain black hat techniques. All information obtained by Skre Gear from any Affiliate found to be engaged in credit card transaction fraud will be turned over to the appropriate law enforcement authorities.

Inactive Affiliate Accounts

Any Affiliate account that has been “inactive” for one year will be automatically deactivated from Skre Gear. Inactivity is defined as having no record of clicks or impressions during the previous 12-month period. Although accounts that meet this criteria (no clicks or impressions for one year) are automatically deactivated, the account record is not deleted and can be reactivated should the Affiliate make the request, and qualify for reactivation.

Press Releases and Information

From time to time Skre Gear will contain certain press releases, testimonials, interviews and discussions (collectively, “Information”) about us, our business and services, including links to certain third-party websites that may contain such Information. While all Information on the Site is believed to be accurate when prepared, Skre Gear disclaims any duty to monitor or update any such Information. Statements regarding other companies other than Skre Gear in such Information, should not be relied upon as being accurate or endorsed by Skre Gear.

Communications

Certain communications, information and materials that an Affiliate submits shall be considered non-confidential. By submitting such communications, information and materials to Skre Gear, Affiliate is representing their rights to enter into this Affiliate Agreement, that Skre Gear is free to use all or part of the content of any such communications on an restricted basis without the obligation to notify or compensate Affiliate. Skre Gear prohibits the scraping of email addresses from any Skre Gear site. Skre Gear expressly prohibits and opts out of any electronic mail messages that were obtained in violation of the foregoing or by use of automatic address-generation programs.

Non-Affiliate Owned Web Properties

With the exception of pay per click search engine marketing, an Affiliate may only promote Merchants on web properties they own or operate. Any Affiliate is prohibited from placing tracking code from Skre Gear, in or on all third-party web properties including, but not limited to, forums, message boards, social Skre Gears, user groups, blog comment areas, and classified services, unless consent is given from, or through the third-party’s terms of use.

Affiliate Transparency & Disclosure

Any software that masks or hides referring information or URLs in any way is prohibited from use. Any Affiliate, at the request of Skre Gear, must disclose and provide accurate information on business models and online or offline promotional techniques used to drive traffic and sales on behalf of their Merchants. Failure to provide transparency may result in the suspension of an Affiliate account until such disclosure is made.

Participating Sites

The following sites will not be accepted by Skre Gear: Incomplete sites, sites with deceptive promotions or content, parked domain names, sites with limited or no value added content, sites that promote hatred, bigotry, violence or adult-oriented material, gambling or online gaming services, get rich quick schemes, and any other sites otherwise centered around illegal or unethical activity. Skre Gear reserves the right, in its sole discretion, to determine whether or not any Affiliate applicant’s site meets the acceptable use guidelines of this Affiliate Agreement.

Affiliate Payment

  1. Skre Gear tracks, calculates and stores payment and commission information for each Merchant program Affiliate has joined (by accepting the terms and conditions of the Merchant program in the Affiliate’s account interface) and any commissions are payable only based on that information;
  2. Affiliate will be compensated based on the threshold payment amount they have defined in the ‘Contact/Payment Information’ Section of the ‘Account’ administration menu.
  3. Skre Gear is not liable to pay commissions to Affiliate on any Merchant program until the Merchant remits payment to Skre Gear;
  4. Notwithstanding the foregoing, Affiliate agrees and authorizes Skre Gear to apply any payment received from any Merchant in the following order of priority:
    1. to fees owed by Merchant to Skre Gear; and
    2. then to fees owed by Merchant to Affiliate; and
  5. Skre Gear shall not be liable to Affiliate for any Merchant’s breach of its obligation to pay Affiliate whether directly or through Skre Gear.

Accepted Use

Affiliate must comply to all accepted terms of use as defined in this Affiliate Agreement. Skre Gear provided technology and scripts can not be altered from the way they are packaged and delivered. Affiliate may not artificially inflate traffic or click counts to merchant sites using any device, program, script, robot or any other fabricated means. Affiliate cannot publish or otherwise promote any content, or site, which is libelous, obscene, pornographic, abusive, fraudulent or in violation of any law.