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 and 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 8.5% 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.
Terms and Conditions for GoPatch Promotion
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
- Eligibility: This campaign is open only to those who sign up at TheGoPatch.com/affiliate-registration/, become a new affiliate and who are 18 years of age as of the date of entry. The Campaign is open to all and is void where prohibited by law. Employees of GoPatch, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of GoPatch’s final and binding as it relates to the content of this Campaign.
- Campaign Period: Entries will be accepted online starting on December 10, 2018, 8:00 am PST and ending on December 18, 2018, 8:00 pm PST. All online entries must be received by on December 18, 2018, 8:00 pm PST.
- How to Enter: The Campaign must be entered by submitting the online form provided at TheGoPatch.com/affiliate-registration/. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of GoPatch. You must provide the information requested on the form. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of GoPatch.
- Prizes: The Winner of the Campaign (the “Winner”) will receive a $500 (USD) Gift Card. No cash or other prize substitution shall be permitted except at GoPatch’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. Acceptance of prize constitutes permission for GoPatch to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Odds: The odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification: Winner will be among the affiliates to have ten (10) orders under their custom affiliate code and under the supervision of GoPatch. Winner will be notified by email within five (5) days following selection of Winner. GoPatch shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 10 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT GOPATCH‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By entering this content, You understand and agree that GoPatch, anyone acting on behalf of GoPatch and GoPatch’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent.
- Terms & Conditions: GoPatch reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond GoPatch’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, GoPatch may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by GoPatch. GoPatch reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. GoPatch has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, GoPatch reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability: By entering, You agree to release and hold harmless GoPatch and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
- Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF THE UNITED STATES AND CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
- Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to GoPatch, PO Box 541, Summerland, CA 93067, USA. Requests must be received no later than January 31, 2019, 8:00 pm PST.
- Sponsor: The Sponsor of the Campaign is GoPatch, PO Box 541, Summerland, CA 93067, USA.
This prize competition is run by GoPatch.
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