Hot Sauce Depot Affiliate Program Terms and Conditions

This Affiliate Service Agreement (the "Agreement") is made by and between Brewhaus (America) Inc. DBA Hot Sauce Depot ("Hot Sauce Depot"), and you, as an affiliate (“Affiliate”) utilizing the Hot Sauce Depot service ("The Service").

By submitting the Hot Sauce Depot Affiliate Application, Affiliate confirms having read the Agreement and agrees to abide by the terms and conditions of the Agreement.

The Agreement is summarized as follows:

• Affiliate is permitted to place only banners supplied by Hot Sauce Depot via the Affiliate system anywhere on your site as you see fit, or within non-spam emails.
• Hot Sauce Depot may email Affiliate concerning new merchant programs that Hot Sauce Depot feels may benefit Affiliate
• Hot Sauce Depot reserves the right to make changes to, or discontinue, The Service without prior notice to Affiliate
• Hot Sauce Depot reserves the right to refuse, deactivate, or cancel Affiliate’s use of The Service without notice with reasonable cause.
• Adult, Hate, or other related sites are not allowed to participate
• Hot Sauce Depot pays commissions on a monthly basis when commissions payable have reached a threshold of $25.00.
• All statistics are collected and calculated by Hot Sauce Depot, and will be the only valid stats used for determining commissions.
• Self-referrals for Affiliate or merchant accounts are strictly prohibited.
• Payments to Affiliate are made via PayPal or business check.
• Affiliate’s physical address listed for receiving checks must be the Affiliate’s actual address. Use of a mail forwarding service for the purpose of avoiding network demographics is NOT allowed.
• Affiliate will not SPAM.  Any incident involving SPAM, use of Adware, Spyware, or the like, which Hot Sauce Depot feels is against its own best interest or potentially harmful to its reputation will result in immediate cancellation of the Affiliate from The Service.
• Affiliate may place banners or links within Affiliate’s newsletters, in content of Affiliate’s website, or within other web related content.
• Affiliate accounts that are left inactive for three consecutive months will be removed from The System.
• All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc., or any placement of creative in a "Desktop" advertising scheme are disallowed use of The Service. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form, or any display of a merchant window that is not the result of a direct click by the end-user will result in immediate cancellation of Affiliate’s account in The Service.  
• Any form of fraud with the intent of creating false sales, leads, or click-through’s by use of, but not limited to, robots, frames, scripts, etc., will result in immediate voiding of commissions and termination of Affiliate’s account in The Service.

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PRIVACY POLICY

Hot Sauce Depot respects the privacy of its users and Affiliates and will not disclose personal information to third parties except where required by law.

DEFINITIONS

"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales.

"Merchant" refers to Hot Sauce Depot

"Visitor" means any person, or user that clicks on a Link to a Merchant’s Web site placed on an Affiliate's Web site.

"sale commission" means the Payout the Merchant sets and agrees to pay for Visitors referred to the Merchant's Web site that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time as determined by the term in effect at the time of the referral. If a sale occurs after the duration of the term in effect and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.

"Link" means a hyperlink placed on an Affiliate's site that, when clicked on, sends a Visitor through to Hot Sauce Depot’s website.  Links take many forms including text, a product image, buttons, banners, videos or any other format supplied by Hot Sauce Depot.

"VOID" means a reversal of a Payout previously earned for a sale that is later rescinded or corrected by the Merchant. Hot Sauce Depot may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.

"Affiliate Account" means a specific account within The Service, where Commissions are credited.


LINK PLACEMENT

As an Affiliate of The Service, you may place and remove Merchant Links on Your site and in generally acceptable locations.

AFFILIATE PAYMENT

Affiliate will receive commissions based on the final subtotal of sales generated by click-throughs from links, banners, etc., on the Affiliate’s own website.  Sales that are subsequently voided or refunded to the customer will be deducted from commissions payable.  Commissions are paid to Affiliate at the start of each month if Affiliate has net commissions earned of at least $25.  Commissions earned are not subject to payment of interest.

CHANGES TO THE SERVICE

Hot Sauce Depot reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of The Service at any time, without notice.

REGISTRATION

To sign up as an Affiliate of Hot Sauce Depot and to use The Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid social security number for individuals, or a federal tax-id for corporations or entities.

Hot Sauce Depot reserves the right to refuse participation or to cancel participation to any website that it feels is inappropriate.  Hot Sauce Depot also reserves the right to cancel Affiliate’s account if Affiliate places links on sites not owned by Affiliate, or if Affiliate places link on sites that Hot Sauce Depot deems inappropriate or on sites that, due to changes in the website, Hot Sauce Depot deems are no longer appropriate.

ACCEPTED USE

Hot Sauce Depot reserves sole right to determine, at its own discretion, if Affiliate is placing links in appropriate locations.  Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to Hot Sauce Depot.

LIMITATION OF LIABILITY

Hot Sauce Depot shall not be liable to Affiliate or any other person for (i) any indirect, special, incidental or consequential damages of any character arising out of the use of or inability to use The Service or any information provided on the Hot Sauce Depot web site, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data, even if Hot Sauce Depot or a Hot Sauce Depot authorized representative has been advised of the possibility of such damages or (ii) any claim attributable to errors, omissions or other inaccuracies in the web site or any hyperlinked web site. because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply to Affiliate. In such jurisdictions, Hot Sauce Depot’s liability is limited to the smallest amount permitted by law. This paragraph will survive the failure of any exclusive or limited remedy.

You agree that Hot Sauce Depot, although the provider of The Service, has no responsibility or liability as a result of Affiliate’s placement of authorized Links from Affiliate’s web site, and Affiliate agrees to indemnify, defend, and hold harmless Hot Sauce Depot and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

Hot Sauce Depot agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to Hot Sauce Depot’s negligence or willful misconduct in performance of The Service or its breach of this Agreement.

OWNERSHIP AND LICENSES

You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Hot Sauce Depot’s trademarks and banners. All images, technology and content provided for Affiliate’s use is and shall remain the sole property of Hot Sauce Depot, and no part thereof shall be deemed assigned or licensed to Affiliate except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain Hot Sauce Depot’s sole property, including rights in and to any derivatives thereof. Affiliate may not modify the trademarks, banners, the content or any of the images provided to Affiliate in any way.

Hot Sauce Depot may immediately terminate Affiliate’s license to use the marks if the Hot Sauce Depot reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. Affiliate acknowledges that use of the marks will not create in Affiliate, nor will Affiliate represent that they have, any right, title or interest in or to the marks other than the license granted by Hot Sauce Depot above. Affiliate will not challenge the validity of or attempt to register any of the marks or Affiliate’s interest therein as a licensee, nor will Affiliate adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. Affiliate acknowledges Hot Sauce Depot’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of Hot Sauce Depot.


FORCE MAJEURE

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUES

This Agreement shall be governed by the laws of the State of Texas (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Texas, USA and Affiliate consents to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

MISCELLANEOUS

This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties.