Affiliate Program Terms and Conditions
Affiliate Program FAQ is located HERE
Please read the following Terms and Conditions carefully. These Terms and Conditions define the Affiliate Program pursuant to which Upscale Automotive LLC ("UA") has agreed to credit YOU for providing referral customers.
ACCEPTANCE OF TERMS AND CONDITIONS
By signing up for this Affiliate Program, YOU acknowledge that YOU have read, agree to abide by, and accept these Terms and Conditions. Ignorance of these Terms and Conditions is not an excuse for any violation of these Terms and Conditions.
MODIFICATION OF TERMS AND CONDITIONS
UA reserves the right to modify these Terms and Conditions at any time by adding to, removing from, or changing them as deemed necessary by UA. YOU are responsible for reading and complying with any changes that UA may make. By YOUR continued participation in this Affiliate Program, YOU acknowledge that YOU have read, agree to abide by, and accept these Terms and Conditions as they change or are modified, as posted here.
ADMITTANCE / TERMINATION
UA reserves the right to deny YOU admittance into this Affiliate Program or to terminate YOU from this Affiliate Program at any time for any reason. UA may terminate this Affiliate Program at any time for any reason. UA will provide e-mail notification of denial of admittance or of termination. If UA terminates YOU from this Affiliate Program for any reason other than a violation by YOU of these Terms and Conditions, UA will issue to YOU any payout code amount that YOU have accumulated under this Affiliate Program as of the date of termination and according to these Terms and Conditions. If YOU decide to terminate YOUR participation in this Affiliate Program, any outstanding payout values will be forfeited and YOUR account will be closed. YOU can e-mail termination requests to sales@upscaleautomotive.com.
VIOLATION OF TERMS AND CONDITIONS.
Violation of any or all of these Terms and Conditions is grounds for termination and releases UA from any payout codes or other obligations to YOU. In all cases, termination as at the sole discretion of UA.
CREDITS/PAYOUTS
Payout periods close at the end of each month. If YOU have earned credit throughout the payout period, YOU will receive your credit via e-mail in the form of a "payout code" which is used like a coupon or gift certificate during checkout at UpscaleAutomotive.com. There is no minimum payout level. YOU will receive whatever YOU have earned for that payout period. There is a maximum per individual payout code of $50. If YOU have earned more than $50 for a given payout period, YOU will be issued multiple payout codes, each of which will not exceed the $50 maximum. Payout codes cannot be combined; they must be used individually and the order total must be equal to or less than the payout code total. Unused payout codes or balances will expire at the close of the following payout period, a period of one month. Payout codes cannot be transferred and can only be used when logged in to YOUR account.
BANNERS AND MARKETING MATERIALS
Please visit the "Web Linking Instructions" link on the affiliate account page to access a number of web banners. UA retains all copyright and ownership rights to the banners and marketing materials, as part or whole, provided by UA. During the existence of this Agreement, UA grants to YOU the right to post banners and marketing materials provided by UA solely for the purpose of sending traffic to UA in accordance with this Affiliate Program. Upon termination of YOUR participation in this Affiliate Program, these rights will be revoked and YOU must immediately remove UA's banners and marketing material wherever YOU may be using them. YOU are not authorized to use UA's names, trademarks, logos, banners, and marketing materials for any other purpose than to send traffic to UA in accordance with this Affiliate Program. Banners and marketing materials may not be modified in any way without prior approval from UA. If YOU would like to create YOUR own banners or modify UA's existing banners, YOU must receive permission from UA prior to doing so. If YOUR custom banner(s) are approved, they will immediately become property of UA and may be used within this program or other marketing activities.
PROHIBITED ACTIVITY
Any and all practices that could reflect negatively on UA are prohibited. Any form of deceptive marketing linked to this affiliate program or UA banners or marketing materials will not be tolerated. Deceptive marketing practices include unauthorized posting of links or banners, UCE/SPAM e-mailing practices, unauthorized soliciting, misleading advertising, and similar practices. All traffic sent to UA must be voluntary. Misleading text in connection with the banner, forced exit traffic, forced click-throughs, blind links, and similar tactics are prohibited. YOU are prohibited from sending any traffic to UA from any source with any content that infringe on the rights of third parties including but not limited to copyright, trademark, or other intellectual property infringement and similar infringements. YOU are prohibited from sending any traffic to UA from any source which violate any laws of a jurisdiction in which YOU or UA is located. YOU are prohibited from using UA's names and/or trademarks and/or logos and/or banners and marketing materials and/or other intellectual property in any unsolicited commercial e-mail (UCE), commonly known as SPAM. YOU are strictly prohibited from submitting any UpscaleAutomotive.com affiliate linked URL to any search engine. However, UpscaleAutomotive.com affiliate link URL's are acceptable to be used in Google AdWords, Yahoo, or other PPC marketing campaigns. If YOU engage in any PROHIBITED ACTIVITY, or in any similar activity or practice to accomplish similar results, YOUR participation in this Affiliate Program will be terminated immediately as a violation of these Terms and Conditions.
PASSWORD PROTECTED AREA LINKS
YOU are required to provide current and functional login information to UA for all password protected URLs from which YOU send traffic to UA. The login provided must remain functional throughout YOUR participation in this Affiliate Program.
NONRESPONSIBILITY FOR TECHNICAL ISSUES
UA is not responsible for any loss to YOU that is caused by technical complications such as server downtime, broken links, and similar issues.
ENTIRE AGREEMENT
These Terms and Conditions, along with the information provided by YOU shall constitute the entire agreement between YOU and UA. The date of execution shall be the date on which YOU submit to UA your affiliate sign-up registration.
LIMITED LIABILITY
Notwithstanding anything to the contrary contained herein, UA shall not, under any circumstances, be liable to YOU for incidental, special, or punitive damages, including but not limited to lost profits, even if apprised of the likelihood of such damages occurring.
PRIVACY
No individual customer-level information is shared with YOU in any way; only information critical to payout code calculation is made known to YOU. YOUR information is kept private and is not shared with any third party. UA only uses YOUR information for the execution of this affiliate program.
