Affiliate Terms of service.

 Kendal’s Affiliate Program Terms of Service

1. Introduction

   1. Welcome to Kendal’s Affiliate Program (the “Program”. These Terms of Service (“Affiliate Terms”) govern your participation in our Program, so please read them carefully.  By registering for the Program, you agreed to these Affiliate Terms, which form a binding agreement between you and Crowpad, Inc., a Delaware Corporation, d/b/a Kendal (“Kendal”, “we”, “us” or “our”).  You also agree to Sections 12 and 14 through 27 of the Kendal Terms of Service, and the Kendal Privacy Policy, which will also govern you participation in the Program.

1. Eligibility

   1. To be eligible for our Program, you must be at least 18 years of age and have a Tolt account in good standing. You must also have the authority to act on behalf of any business represented on your account. You affirm that (a) you are not a resident of a country that the U.S. government has embargoed, nor are you named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations, and (b) you are fully able and competent, or have the consent of your parent or legal guardian, to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Affiliate Terms, and to abide by and comply with these Affiliate Terms. 

1. Program Sign-up

   1. By signing up for the Program on Tolt, you agree to provide complete and accurate information, and to update that information promptly if it changes.  You are responsible for all activities on your account.  You further agree to be bound by these Additional Terms and Sections 12 and 14 through 27 of the Kendal Terms of Service, and the Kendal Privacy Policy,

1. Use of Kendal’s Assets

1. Kendal will provide various brand assets, sample copy, marketing ideas, and other resources (collectively, “Assets”) to assist in your promotional efforts.  All right, title and interest in those Assets, including all intellectual property rights, are owned by Kendal. 

2. You may only use the Assets for the purpose of promoting Kendal and must not modify them in any way without prior written consent of Kendal.

3. Misuse or unauthorized use of the Assets can result in suspension or termination from the affiliate program.

1. Prohibited Activities

   1. You must not engage in any fraudulent activity in connection with the Program. This includes, but is not limited to, creating fake accounts, generating false clicks or sales, or any other deceptive practices or any of the prohibited activities in Section 8 of the Kendal Terms of Service.

   2. Using Kendal’s name, likeness, or Assets in a manner that misrepresents the brand or is likely to bring it into disrepute is strictly prohibited.

1. Affiliate Commissions

   1. Commissions will be earned based on actual sales that are tracked through Tolt’s affiliate tracking system and credited to your account. All decisions of Kendal regarding commissions are final and binding. 

1. Payment

   1. Payments will be made according to the payment terms set out in Tolt, provided you meet the minimum payout threshold. 

1. Relationship

   1. These Affiliate Terms and your participation in the Program does not imply any partnership, joint venture, employee-employer, or franchise-franchisee relationship between you and Kendal.

1. Termination

   1. Kendal reserves the right to suspend or terminate the Program or your affiliate account at any time, for any reason, with or without notice, including but not limited to breach of these Affiliate terms or any fraudulent activity.

1. Limitation of Liability

   1. Kendal will not be liable for indirect, incidental, or consequential damages or any loss of revenue or profits arising out of your participation in the Program.

1. Governing Law:

   1. These Affiliate Term shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard , and any disputes relating to these Additional Terms and the Program will be resolved in accordance with Section 18 of the Kendal Terms of Service. 

1. Amendments

   1. Kendal may update or change these Affiliate Terms or the Program from time to time. Any changes will be posted on this page, and affiliates are encouraged to review this page periodically.  Continued participation in the Program after such changes are posted constitutes your acceptance of such changes.