Affiliate Application

Affiliate Program - Terms and Conditions

Please read these Terms and Conditions (the “Terms and Conditions”) to the Affiliate Program Agreement (“Agreement”) carefully before submitting your application to participate in the Speed Stacks Affiliate Program (“Program”). If you do not accept all of the terms and conditions of the Agreement do not submit an application. By submitting the application, you are conclusively deemed to have accepted and agreed to be bound by the Agreement which is comprised of these Terms and Conditions and the aforementioned application. As used in this Agreement, "we" “us” and “Speed Stacks” means Speed Stacks, Inc., together with its affiliated brands, d/b/a The World Sport Stacking Association, and “Affiliate” “you” and “your” means the applicant submitting the application and participating in the Program. The Program does not apply in and is expressly excluded from any state that prohibits website affiliate programs.

1. Use of the Site

The Agreement shall be effective upon Speed Stacks’s acceptance of your merchant link sign-up request and your linking and/or participation in the Program.

2. Linking and Participation in the Affiliate Program

To link to and participate in the Program, you must be registered as an affiliate with Speed Stacks and request to be linked to Speed Stacks. Your registration request may be rejected for any reason or for no reason at Speed Stacks sole discretion. Your request will be rejected if it is determined that your web site includes anything that is, among other things, unlawful, harmful, threatening, defamatory, obscene, harassing, discriminatory, or otherwise objectionable. For domain names associated with your site that are registered privately, the domain of your username/email address must match the URL submitted with your application.

3. Spy Ware

You agree not to participate in spy ware, ad ware or parasite ware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the Affiliate Program with any unpaid commissions forfeited.

4. Links & Images

Speed Stacks will make available to Affiliates, via the Speed Stacks’s web portal, a variety of graphic and textual images (the "Images") that serve to identify your site as a member of the Program and that will establish “Links” from any and all websites you own, operate or control which such website(s) will be part of the application to this Agreement (“your site”) to SpeedStacks.com (“our site”). You may, subject to the terms and conditions herein, display Links as often and in as many areas on your site as you desire. You shall cooperate fully with Speed Stacks in establishing and maintaining Links. You may display in your site only those product Images provided to you by Speed Stacks which may by discontinued or replaced at any time and from time to time in our sole discretion. Upon request, you shall remove any Image from your site and replace it with a new Image provided by us. Banner ad link codes cannot at any time be modified by you, as doing so will not allow proper reporting of traffic sent through such banner link code. You agree that each Link connecting users of your site to our site will in no way alter the look, feel, or functionality of our site. Speed Stacks may monitor your site at any time to determine if you are in compliance with these terms.

5. Affiliate's Obligations

1. Place Links on your site within 30 days of your acceptance into the Program

2. Actively participate in the Program by accessing and using promotional Links via our site;

3. You agree to be solely responsible for all costs and expenses you may incur in connection with your participation on the Program and/or your performance under the Agreement including

   1. the development, operation and maintenance of your site;
   2. all materials that appear on your site and the accuracy and appropriateness of such materials;
   3. ensuring that any such materials do not violate or infringe upon the rights of any third party, including, but not limited to, copyrights, trademarks, privacy, or other personal or proprietary rights, are not libelous, defamatory, misleading, false or deceptive or otherwise illegal; and
   4. ensuring that your site and your business practices do not violate the Agreement;

4. You agree to keep your application with Speed Stacks updated with current and accurate information (including WHOIS information) and, at all times, list the web sites you are using to drive traffic to us. For domain names associated with your site that are registered privately, the domain of your username/email address must match the URL submitted with your application;

5. You agree not to make any representations, either express or implied, or create an appearance or impression, directly or indirectly, that a visitor to your site is visiting our site, that a visitor to our site is visiting your site or that Speed Stacks endorses you or your site or your products and services (for example, you are agreeing not to ”frame” any pages or portions of our site);

6. Speed Stacks is not obligated to make any representations, warranties or other statements concerning you, your site, your site policies or any of your products or services;

6. Affiliate Marketing Activities

You agree to the below regarding your marketing activities as part of the Program.

1) Online Advertising (sponsored links)

Your paid ads must not link directly to our site. All paid search ads must take visitors to YOUR Site, not OURS.

Speed Stacks does not allow the bidding or use of its branded trademark terms by Affiliates engaging in paid search advertising in any search engine, e.g. Google, Yahoo, Bing. Unless there is a written agreement to the contrary you are not to use any of the following trademark terms (or misspellings or derivatives thereof) in the title, advertising copy and/or description or display URL of a paid search advertisement.

You are permitted to use the above terms on the landing pages of your site, provided such use is not confusing, misleading, does not dilute or disparage our trademarks, and is in keeping with generally recognized and accepted practices of fair use under U.S. Trademark Law.

2) Online Advertising (organic links)

Affiliates that use the above branded trademark terms in any organic search link must use the terms in a fair manner, i.e. in a way that is not confusing, misleading, does not dilute or disparage our trademarks, and is in keeping with generally recognized and accepted practices of fair use under U.S. Trademark Law.

7. Electronic Mail

If Affiliate sends emails, directly or indirectly, that advertise or promote Speed Stacks, its products, services, web sites, Affiliate must include Speed Stacks in its email distribution list at affiliateprogram@speedstacks.comAffiliate shall not send any unsolicited commercial e-mail or other unsolicited online communications. Affiliate hereby represents that it will comply with all laws, rules, regulations, and ordinances relating to the sending of commercial emails, including, but not limited to, the federal CAN-SPAM Act. In addition, Affiliate shall not generate or send any material advertising or promoting any Speed Stacks products or services via facsimile or engage in any telemarketing activities with respect to Speed Stacks’s products or services.

In any marketing activities where a reference is made to Speed Stacks or to any of Speed Stacks’s trademarks, Affiliate must identify itself as an affiliate by using the terms "affiliate" or “aff.”

Except as otherwise set forth in these Terms and Conditions, Affiliate shall not use Speed Stacks’s name, trademarks, service marks or any derivations or variations thereof in any manner, including without limitation, (a) in metatags, (b) in hidden text or source code or (c) in Affiliate’s domain name or any other part of Affiliate’s universal record locator (URL).

Except as expressly authorized by these Terms and Conditions , Affiliate shall not use any of Speed Stacks’s trademarked terms, either alone or in conjunction with or as part of any other word or name, in any advertisement, publicity or promotion on Affiliate’s behalf, to express or imply any endorsement by Speed Stacks of any services provided by Affiliate, or in any other manner whatsoever.

Affiliates found in violation of this section are subject to punitive actions by us, without further notice. Such actions include but are not limited to suspension or termination of Affiliate account, withholding of payments to Affiliate; and publication (at our discretion) of Affiliate's activities.

8. Prohibition of Solicitation Activities by Residents of Certain States

1) Solicitation Prohibitions. If you are a resident of certain states, a list of which will be provided to you by Speed Stacks from time-to-time (each a “State”), you agree that, as a condition of your participation in the Program, your solicitation activities within the State on behalf of Speed Stacks through Our Site shall be limited to providing Links on Your Site to Our Site. You acknowledge and understand that any further solicitation or promotional activities by you within the State is strictly prohibited and be a material breach of the Agreement causing us irreparable harm. By way of example and without limitation to the foregoing, if a resident of a State so listed by Speed Stacks, you understand and agree that you may be prohibited from engaging in any other solicitation activities within the State intended to refer potential customers to web sites owned or operated by us, including, but not limited to: distributing flyers, coupons, newsletters and other printed promotional materials, or electronic equivalents of such materials; engaging in verbal solicitation, including in-person referrals or initiating telephone calls; and sending emails intended to refer customers to us.

2) Certifications. Program Affiliates residing in certain States as communicated to you by Speed Stacks from time-to-time, will be required to submit signed certifications (the “Certifications”), on an annual basis on or before May 31st or such other date as requested by us, to Speed Stacks at the address posted in the “Notices” section herein, or such other third party designated by us, stating that you have not engaged in any prohibited solicitation activities in the State, as described above, at any time during the previous year. The Certifications shall include your name and address and, if you are an organization such as club or non-profit group in certain States, the Certifications shall also contain a statement certifying that you have placed information on your web site alerting your members to the herein prohibitions against engaging in solicitation activities within such State(s). Certifications shall be signed by a person with the authority to enter binding contracts on your behalf and shall include the name and address of the person signing the Certification. Certifications shall also contain a confirming statement that the Certifications and any information submitted with the Certifications are subject to verification and audit by the State’s Department of Taxation and Finance.

3) Affirmation of Affiliate Residency. As a condition of the Agreement, Affiliate must certify to their State of residency. For the purposes of the Agreement, a resident and residency shall mean: 1) any individual that maintains a residence or permanent place of abode in the State; 2) any corporation incorporated under the laws of the State; 3) or any corporation, partnership, limited liability company, association, organization, or other entity either doing business in the State or carrying on an employment, trade, business, or profession in the State.

9. Publicity

You shall not create, publish, distribute, or permit any material that makes reference to Speed Stacks or the Program without first obtaining our explicit written consent which may be granted or withheld at our sole discretion.

10. Policies and Pricing

Customers who buy Speed Stacks’s products and services through the Program are deemed to be customers of Speed Stacks. As such, all of Speed Stacks’s policies and operating procedures concerning customer orders, customer service, and product and service sales shall apply. Speed Stacks shall own and retain all right, title and interest in all names, addresses and other identifying information of customers visiting Our Site ("Customer Data") which is collected by Speed Stacks, including without limitation, customers who access Our Site from Your Site, and Affiliate shall have no right to use any such Customer Data.

You may not include price information in your product descriptions without our explicit consent. You shall refer all questions, requests and queries regarding our products and services to us. Affiliate does not have the authority to make or accept any offer on our behalf. Speed Stacks reserves the right to withhold Affiliate commissions and/or terminate the Agreement for Affiliates found to be in violation of this policy.

11. Commission Payment

Affiliates may earn commissions based on Qualifying Sales referred to Speed Stacks through the use of unique tracking links provided by Speed Stacks. A "Qualifying Sale" is defined solely at the discretion of Speed Stacks and generally includes completed transactions where full payment has been received and cleared. Transactions subject to cancellation, refund, or chargeback will not qualify for commissions.

The standard commission rate for Qualifying Sales is 15% of the net sale amount, which excludes taxes, shipping, handling, discounts, and promotional credits. Speed Stacks reserves the right to modify commission rates or eligibility criteria at any time with or without prior notice to the Affiliate.

Commission payments will be made at Speed Stacks' discretion on a monthly basis, provided that the Affiliate's account balance meets the minimum payment threshold of $50.00. If the balance does not meet this threshold, it will carry forward until the threshold is met.

Payments will be issued via PayPal, ACH, or check. Affiliates are responsible for ensuring that accurate and current payment information is provided. Speed Stacks is not liable for payment failures resulting from inaccurate or outdated payment information provided by the Affiliate.

Speed Stacks reserves the right to withhold or adjust commissions for any fraudulent, suspicious, or prohibited activities or any breach of the Agreement. Additionally, Speed Stacks may reverse or reclaim commissions for sales that are subsequently refunded, canceled, or otherwise deemed ineligible at Speed Stacks' sole discretion.

Speed Stacks may change, suspend, or terminate the commission structure or payment terms at any time and for any reason, without prior notice.

12. Licenses and Use of Logos and Trademarks

1) Speed Stacks grants you a limited, non-exclusive, non-transferable, revocable right to (i) access our site through the Links solely in accordance with, and for the contemplated purpose of, the Agreement, and (ii) to use the branded trademarked terms shown below (only in the form(s) that they appear on the Speed Stacks Affiliate Program web pages) solely in connection with such Links, (collectively, the "Licensed Materials"), for the sole purpose of promoting Speed Stacks’s products and services on your site. You may not copy, distribute, alter, modify, reverse engineer, or create derivative works from the Licensed Materials. Speed Stacks may revoke your license at any time by giving you notice. Any goodwill arising out of your use of the Licensed Materials shall inure to the benefit of Speed Stacks only;

2) You shall not make any specific use of any Licensed Materials for purposes other than promoting Speed Stacks’s products and services on your site. You agree not to use the Licensed Materials in a manner that is misleading or deceptive or that disparages the Program, Speed Stacks or its affiliates or any of its or their products or services, or that otherwise portrays Speed Stacks, in its sole discretion, in a negative light. Speed Stacks reserves all rights in the Licensed Materials. At no time during the Term or thereafter will you challenge, or assist others in challenging, the validity of the Licensed Materials or the registration thereof or attempt to register any confusingly similar trademarks, service marks, logos, trade names or domain names. Except for the limited license set forth above, no license or other rights to the Licensed Materials will be deemed granted to you hereunder or in connection with the Program, by implication, estoppel or otherwise;

3) You agree that any breach by you of your obligations regarding Licensed Materials during the term or thereafter may result in irreparable injury to Speed Stacks for which there may be no adequate remedy at law. Therefore, in the event of any breach or threatened breach of such obligations of yours, Speed Stacks will be entitled to seek equitable relief in addition to its other available legal remedies in a court of competent jurisdiction

4) You grant to Speed Stacks a non-exclusive license to use your names, titles, logos, and trademarks (the "Affiliate Trademarks"), to advertise, market, promote, and publicize in any manner your participation in the Program and/or to further Speed Stacks’s rights hereunder. Notwithstanding, we are not obligated to advertise, market, promote or publicize your participation in our Program or the existence of, or any other aspect of the Program;

5) The licenses granted hereunder shall run concurrently with the term of the Agreement.

13. Notices

All notices from you to us, required under the Agreement shall be sent via United States mail, postage prepaid, addressed as follows:

Speed Stacks, Inc.
15550 Arfsten Road
Larkspur, CO 80118
Attn: Affiliate Program Manager

Notices from us to you may be sent via United States mail, postage prepaid, facsimile, or e-mail using the contact information on file held by Speed Stacks.

14. Term

The Agreement shall apply and be effective as of the date your Speed Stacks merchant link sign-up request is accepted and shall remain in effect for as long as you continue to participate in the Program, or maintain Links to our site on your site. Either of us may terminate the Agreement at any time, with or without cause, by giving the other party notice of such termination. No commissions shall accrue or be earned by you after the Term.

Affiliate is only eligible to earn commissions on sales occurring during the term of the Agreement, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. Speed Stacks may withhold Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. If Speed Stacks has reason to believe Affiliate’s orders/referrals were obtained fraudulently or through misrepresentation, Speed Stacks shall have the right to withhold payment of commissions pending an investigation of the suspected fraud or misrepresentation.

Upon termination of the Agreement, (a) all licenses hereunder shall terminate and (b) you shall immediately remove all Licensed Materials from Your Site and cease using Speed Stacks’s name, logos, trademarks, service marks, trade dress, and/or proprietary technology.

15. Program Modification

Speed Stacks may modify the Agreement, including these Terms and Conditions, or the Program terms at any time in its sole discretion. You will be notified of any replacement of or changes to these Terms and Conditions via e-mail by a change notice. If you no long wish to be bound by the Program terms, as modified, you must immediately discontinue your participation in the Program and notify us accordingly. Your continued participation in the Program following any notice of change to the Agreement or the Program terms shall constitute your binding acceptance of the same as replaced or modified.

AFFILIATE UNDERSTANDS THAT SPEED STACKS MAY AT ANY TIME, DIRECTLY OR INDIRECTLY, SOLICIT CUSTOMER REFERRALS AND ENTER INTO SIMILAR AGREEMENTS ON TERMS THAT MAY BE THE SAME, SIMILAR OR DIFFER FROM THOSE CONTAINED IN THESE TERMS AND CONDITIONS OR ENTER INTO AN AGREEMENT WITH COMPETITORS OF AFFILIATE, OR MAY OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH AFFILIATE’S WEB SITE. AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE TRANSACTIONS CONTEMPLATED HEREUNDER AND IT IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS.

16. Relationship of Parties

You and Speed Stacks are independent contractors and nothing in the Agreement shall be construed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship. You have no authority to make or accept any offers or representations on behalf of Speed Stacks. You may not make any statement, whether on your site or otherwise, that contradicts anything contained in this section.

17. Limitation of Liability

Speed Stacks makes no express or implied warranties or representations with respect to the Program, our site or any Speed Stacks products or services sold through the Program, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage. Speed Stacks makes no representation that the operation of our site will be uninterrupted or error-free and we shall not be liable for the consequences of any such interruptions or errors.

18. Representations and Warranties

Each party represents to the other that it has the authority to enter into the Agreement and sufficient rights to grant any licenses granted hereby. Affiliate represents that the contents of Your Site and any domain names associated with Your Site do not (a) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (b) violate any applicable law, statute, ordinance or regulation; (c) contain defamatory or libelous material; (d) contain lewd, pornographic, or obscene material; (e) violate any laws regarding unfair competition, anti-discrimination, or false advertising; (f) promote violence or contain hate speech; or (g) contain viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines.

Affiliate represents that it has and complies with a privacy policy consistent with federal and state laws and regulations, which is prominently displayed on its website. EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

19. Confidentiality

Except as otherwise provided herein or with the consent of the other party, each party agrees that all information including, without limitation, business and financial information, customer and vendor lists, and pricing and sales information, concerning Speed Stacks or you, or any other affiliate, provided by or on behalf of any of them shall remain strictly confidential and shall not be used, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.

20. Limitation of Liability

SPEED STACKS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THE AGREEMENT, THE PROGRAM OR YOUR PARTICIPATION IN THE PROGRAM, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AVAILABLE WITH RESPECT TO THE AGREEMENT AND/OR THE PROGRAM OR ANY BREACH BY SPEED STACKS HEREOF SHALL BE TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.

21. Indemnification

Affiliate agrees to indemnify, defend and hold harmless Speed Stacks and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein.

22. Jurisdiction/Venue

Any action to enforce the Agreement shall be brought in the federal or state courts located in Denver, Colorado and Affiliate irrevocably consents to the jurisdiction of such courts.

23. References/Testimonials

The Affiliate agrees to cooperate with us in the development of testimonies and other such marketing material. The Affiliate grants us unlimited rights to reference the Affiliate in any and all marketing materials, without further compensation.

24. Integration

The Agreement constitutes the final and complete agreement between you and Speed Stacks regarding the Program and supersedes all prior and contemporaneous, understandings, agreements and communications, written or oral, with respect to the subject matter hereof

25. Acknowledgement and Acceptance

By submitting this application and clicking the link below, I hereby certify that I am authorized to act on behalf of Affiliate and that I have read and accepted the terms, conditions and disclosures associated with the Agreement.