If you have any questions, please don’t hesitate to contact us. We are strong believers in straight-forward and honest communication. For quickest results please email us at WeCare@TheGoPatch.com. You can also reach us by phone at 707-733-3011.
To become an Affiliate of GoPatch, you must read and agree to the Affiliate Agreement below and if entering the Holiday Contest, agree to it’s Terms and Conditions.
PLEASE READ THE ENTIRE AGREEMENT.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GOPATCH.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in GoPatch’s Affiliate Program. Please note that throughout this Agreement, “we,” “us,” and “our” refer to TheGoPatch.com, and “you,” “your,” and “yours” refer to the affiliate.
- Affiliate Registration
To register as an affiliate you must completely fill out the registration form with accurate and honest information.
The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion.
- TheGoPatch.com Rights and Obligations
- GoPatch reserves the right to terminate this Agreement and your participation in the TheGoPatch.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the TheGoPatch.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, GoPatch shall not be liable to you for any commissions for such fraudulent sales.
- This Agreement will begin upon our acceptance of your Affiliate application, and will continue for six (6) months unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and TheGoPatch.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in TheGoPatch.com’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
- Commissions and Payments
You will earn an 8% commission when a customer purchases a product using your custom referral link.
We pay affiliate commissions in USD via PayPal on the first week of every month. As we have a 30-day money back guarantee, we only pay commissions that are older than 30 days. Purchases older than 30 days and in good standing (i.e. the purchase has not been refunded) will be included with each commission payment.
- Refunded Purchases
In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.
- Promotion Restrictions
We back our product 100%, and we are very careful with how it’s promoted. The prohibited promotional methods listed below are to protect you, GoPatch, and our customers from any fraudulent activity.
- Any type of spam is prohibited
Links, ads, emails, comments… any type of spam. Please respect the posting rules of any 3rd-party websites you use to promote GoPatch. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once.
- Any illegal activity or activity deemed offensive by us is prohibited
This may result in referrals being rejected and/or your affiliate account being deactivated.
- Don’t represent yourself to be professionally associated with GoPatch
Affiliates aren’t employees of GoPatch and have no employee rights. At all times, you must clearly represent yourself as independent from GoPatch.
- Pretending to actually be GoPatch is prohibited
Cloning our site, copying our site, using our copyrighted site assets, and pretending that a site created by you is an official GoPatch site is unethical and prohibited (this includes using services that automatically clone websites, or place them into iframes).
- If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the TheGoPatch.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
GOPATCH MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THEGOPATCH.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF THEGOPATCH.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
- Representations and Warranties
You represent and warrant that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
- Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL THEGOPATCH.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless GoPatch, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
- You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and GoPatch. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that reasonably would contradict anything in this Section.
- This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws and principles thereof.
- You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
- This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
- The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
- If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect
Our address is: PO Box 541, Summerland, CA 93067
You can contact us:
(a) by mail, using the address given above;
(b) using our website contact form;
(c) by telephone, (707) 733-3011
(d) by email, using the email address WeCare@GoPatch.com