Terms of Use

Please read this entire agreement so you know and understand the program rules!

1. Third Eye Design, Inc. Affiliate Agreement

This agreement (the “Affiliate Agreement”) describes the terms and conditions for participation in the Third Eye Design, Inc. Affiliate Program. In this agreement, the term “Affiliate” (“you”, “your”) refers to you (the applicant). In this agreement, “Third Eye Design, Inc” (“we”, “us”, “our”) refers to the product owner and publisher.

2. Modification

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.

3. Enrollment

To enroll in the affiliate program, you must submit an affiliate application and be approved. Applications are processed every business day and applicants will be notified of their acceptance status as soon as possible after their information is reviewed.

4. Affiliate URL

You will be issued a special URL once you become an approved member of the Third Eye Design, Inc. Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.

5. Commissions

Affiliates will receive 7% of the revenue as a commission from orders placed through properly coded Affiliate links or through the use of affiliate specific coupon codes (unless noted otherwise for a particular product). Commissions may change at the discretion of the product publisher, Third Eye Design, Inc. commissions may increase during limited time special promotions , but they will return thereafter to the regular 7% commission rate .

Each Affiliate is required to submit a W8/W9 tax form before any Commission Fees shall accrue. You are responsible for the payment of all taxes related to the commissions you receive under this Agreement. In compliance with U.S. tax laws, Third Eye Design, Inc. will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold.

Any address change must be made in the Affiliate profile in the affiliate dashboard at least fifteen (15) business days prior to the end of the calendar month in order for Commission Fees for that month to be processed.

Commissions are paid only on purchases of complete systems, or the purchase of helmet or motorcycle transceivers.

For a sale to generate a commission to an Affiliate, the customer must complete the order form, remit full payment for the product ordered through the secure order system, accept shipment of the order, and keep it through the return period (30 days). Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links or use Affiliate code. Properly coded links are the sole responsibility of the affiliate .

Eligible commissions are issued every 30 days.

6. Payment

Third Eye Design, Inc. pays affiliates via a PayPal account or a direct bank deposit, provided to us when a member joins. If the PayPal email changes, or the bank account changes, it is the responsibility of the affiliate to notify the Affiliate Program to ensure proper commission payments. We will only resend payments returned due to incorrect payment email addresses or incorrect bank account information once.

7. Order Fulfillment

Third Eye Design, Inc. will be solely responsible for processing every order placed by a customer via affiliate links or affiliate codes. Affiliates are not authorized to collect payments or sell any Third Eye Design, Inc. products from other websites as a “reseller” and no “resale” rights are granted in ANY way. Affiliates are not authorized to sell any of these products on ebay, or other auction sites. Affiliates are not authorized to give away copies of any of these products without prior written permission from Third Eye Design, Inc. Third Eye Design, Inc. will also be solely responsible for all customer service inquires.

Customers who purchase products and services through the Third Eye Design, Inc. Affiliate Program will be deemed to be customers of Third Eye Design, Inc. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Third Eye Design, Inc. policies will always determine the price paid by the customer.

8. Qualifying Sites

Third Eye Design, Inc. reserves the right to refuse any site entry into the Third Eye Design, Inc. Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:

  • Promote sexually explicit materials
  • Promote violence
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promote illegal activities
  • List coupon codes or discounts that were NOT officially provided to them by Third Eye Design, Inc, LLC. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
  • Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Third Eye Design, Inc. or any other site.

9. Permitted Usage

The following are permitted uses of the Third Eye Design, Inc. brand and marketing resources

  • Affiliates are permitted to use the graphical banners and design resources located at https://thirdeyedesigninc.com/dashboard). If a specific size banner ad is not available, the affiliate may contact the Affiliate Program manager at customerservice@thirdeyedesigninc.com and request a new banner graphic be added to the available resources.

10. Prohibited Usage

The following cases prohibited and are grounds for immediate termination of the affiliate account.

  • Affiliates MAY NOT use the Third Eye Design, Inc. logo, logo marks or other Third Eye Design, Inc. website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Third Eye Design, Inc.
  • Affiliates MAY NOT use the term ” Third Eye Design, Inc. ” in ANY variation in their site URL.
  • Affiliates MAY NOT promote coupons that were not provided to them personally by Third Eye Design, Inc. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
  • Affiliates MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.

11. Third Eye Design, Inc. Anti-Spam Policy

Third Eye Design, Inc. strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:

  • Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
  • Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
  • Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
  • Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
  • Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.

Third Eye Design, Inc, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

  • Account Termination: Upon the receipt of a credible complaint, the Third Eye Design, Inc. Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Third Eye Design, Inc. discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs.

If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at customerservice@thirdeyedesigninc.com

12. Relationship of Parties

Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

13. Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party. Either Third Eye Design, Inc. or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Third Eye Design, Inc. websites, and all Third Eye Design, Inc. trademarks and logos, other Third Eye Design, Inc. marks and all other materials provided in connection with this program.

14. Limitation of Liability

Third Eye Design, Inc. will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.

15. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Third Eye Design, Inc. will not be liable for the consequences of any interruptions or errors.

16. Indemnification

Affiliate shall indemnify and hold harmless Third Eye Design, Inc. and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Third Eye Design, Inc. to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

17. Governing Law, Jurisdiction, and Attorney Fees

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of New York. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Monroe County, New York.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

18. Miscellaneous

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

By signing up with the Third Eye Design, Inc. Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

 

Updated: September 17, 2019