Think Tank Photo Affiliate Terms and Conditions
Last modified: May 16, 2019
These terms and conditions (the "Affiliate Agreement") govern the affiliate program (the “Affiliate Program”) of Think Tank Photo Inc. ("Think Tank Photo," "we," or "us"). These terms and conditions represent the whole agreement and understanding between Think Tank Photo and the individual or entity that participates in the Affiliate Program (the "Affiliate," or "you").
Please read this agreement carefully as it represents a legally binding agreement between you and Think Tank Photo. By submitting your application and/or by your continued use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. The Affiliate Agreement will terminate as stated in Section 6 below.
Affiliate applicant must be active in the photography industry as a professional or amateur photographer/videographer, instructor, student, camera club director, photo or video salesperson, or similar. Photographers who shoot pornography or content involving illegal activities will be ineligible from the Affiliate program.
3. Referral Tracking
Think Tank Photo will provide the Affiliate with specific referral links (the “Referral Links”) in order to link advertisements and other marketing content to Think Tank Photo. Think Tank Photo will track users who have visited these Referral Links using cookies which will expire 365 days after the link has been distributed. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such on the Affiliate online dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Think Tank Photo is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
4. Affiliate Commissions and Payouts
A referral will become eligible for payout ("Eligible Referral") at the end of the next calendar month if it meets all of these criteria:
- the referral makes a purchase of a new Think Tank product, and
- the referral's account has not had any of its payments refunded, charged back or otherwise reversed.
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default Think Tank Photo error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
- links to additional products and services offered by Think Tank Photo, and/or
- an Internet search engine interface.
The Affiliate is entitled to receive a percentage of each sale (as outlined in the specific program each Affiliate qualifies for) in United States Dollars for each active Eligible Referral that is recorded in the Affiliate online dashboard ("Affiliate Commissions").
All Affiliate Fee payments will be payable in United States Dollars only, except as otherwise determined by Think Tank Photo in its sole discretion. Payment will be made by check or through PayPal three times per calendar year in May, September, and January.
For Affiliates opting for Commissions to be payable by PayPal outstanding Commissions will be paid three times per year in May, September, and January regardless of the amount of outstanding Commission balance that is owed.
For Affiliates opting for Commissions to be payable by check outstanding Commissions will be paid only when the Affiliate has at least $20.00 USD in eligible referral Commissions that are pending payout. Affiliates opting for Commissions to be payable by check who have earned $19.99 USD or less by December 31st of each calendar year will have their outstanding Commission balance paid in full in January of the following calendar year.
In the event of any activity deemed suspicious by Think Tank Photo, Think Tank Photo may delay the payment of Affiliate Commissions by up to six (6) calendar months from the date of initiation of the investigation to verify the relevant transactions. Think Tank Photo reserves the right to recalculate, void, or disqualify any referrals or Affiliate Commissions in the event of any fraudulent, deceptive or otherwise illegal activity.
5. Advertisements and Grant of License
Think Tank Photo grants the Affiliate a non-exclusive, non-transferable, revocable right to (a) access Think Tank Photo’s site through HTML links solely in accordance with the terms of this Affiliate Agreement and solely in connection with such links (b) use the Think Tank Photo and MindShift trademarks for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate's participation in the Affiliate Program.
The Affiliate may only display advertisements that depict the Think Tank Photo and MindShift logos and trademarks in a professional manner. The Affiliate may not use Think Tank Photo and MindShift logos or trademarks in a manner that, in Think Tank Photo's sole discretion, portrays Think Tank Photo in a negative light.
The Affiliate will be solely responsible for the Affiliate’s own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
Affiliates may NOT engage in pay-per-click advertising on platforms such as Google, Yahoo, Bing or other search engine using the Think Tank or Mindshift trademarks, logos, websites, or products. This is in direct competition with Think Tank Photo’s own marketing activities. Any violations will result in an initial one-time warning, and then termination from the Affiliate program upon subsequent offenses.
Think Tank Photo may, without prior notice and in its sole discretion, require the Affiliate to remove or modify any advertisements associated with Think Tank Photo or MindShift trademarks or products.
The Affiliate may terminate the Affiliate's participation in the Affiliate Program with immediate effect by giving Think Tank Photo a written notice of termination by email sent to firstname.lastname@example.org.
Think Tank Photo reserves the right to terminate by e-mail notification the Affiliate's participation in the Affiliate Program at any time for 1) conduct that is in material breach of this Affiliate Agreement, 2) for conduct that Think Tank Photo, in its sole discretion, deems to be harmful to its business or to any third party, 3) for the Affiliate’s failure to participate in the Affiliate Program for more than [provide number] consecutive months.
Upon termination, the Affiliate will be paid any final outstanding Affiliate Commissions, will lose access to the Affiliate online dashboard, and will have their Affiliate account closed.
Think Tank Photo has the right to monitor any Affiliate’s website or social media sites at any time to determine whether they are following the terms and conditions of the Affiliate Agreement. Think Tank Photo reserves the right to terminate the Affiliate’s participation in the Affiliate Program if the Affiliate does not make changes to the Affiliate’s website or social media sites that Think Tank Photo believes are necessary.
7. Relationship of Parties
Think Tank Photo and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on Think Tank Photo's behalf. The Affiliate will not make any statement, whether on its website or otherwise, that would suggest or reasonably would contradict anything in this section.
8. Limitation of Liability
THE AFFILIATE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF THE AFFILIATE PROGRAM IS AT THE AFFILIATE'S OWN RISK. THINK TANK PHOTO MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE AFFILIATE PROGRAM, OR ANY SERVICE OR INFORMATION PROVIDED THROUGH THE AFFILIATE PROGRAM.
THINK TANK PHOTO IS NOT RESPONSIBLE FOR ANY DAMAGES, INJURY OR ECONOMIC LOSS ARISING FROM THE USE OF AFFILIATE PROGRAM. SHOULD ANY PART OF THE AFFILIATE PROGRAM CAUSE DAMAGE OR INCONVENIENCE TO THE AFFILIATE OR ANYONE CLAIMING THROUGH THE AFFILIATE, THE AFFILIATE ASSUMES RESPONSIBILITY AND THE ENTIRE COST FOR THEM.
THE AFFILIATE WILL INDEMNIFY AND HOLD HARMLESS THINK TANK PHOTO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AND THIRD PARTIES FROM AND AGAINST ANY LOSSES, DAMAGES, LIABILITIES, CLAIMS, JUDGMENTS, SETTLEMENTS, FINES, COSTS AND EXPENSES (INCLUDING REASONABLE RELATED EXPENSES, LEGAL FEES, COSTS OF INVESTIGATION) ARISING OUT OF OR RELATING TO THE AFFILIATE'S OPERATIONS OR USE OF THE AFFILIATE PROGRAM.
Think Tank Photo may, in its sole discretion, change or modify this Affiliate Agreement at any time. Notification of changes or modifications to the Affiliate Agreement will be emailed to Affiliates as well as posted on these web addresses:
The Affiliate is responsible for reading this document from time to time to ensure that the Affiliate’s use of the Affiliate Program remains in compliance with this Affiliate Agreement.
The Affiliate may not amend or waive any provision of this Affiliate Agreement unless in writing and signed by both the Affiliate and Think Tank Photo.
If any modification is unacceptable to the Affiliate, the Affiliate’s sole recourse shall be to terminate its participation in this Affiliate Agreement. The Affiliate's continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
The Affiliate warrants and represents that the Affiliate, if a natural person, is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that the Affiliate’s actions and participation in the Affiliate Program are in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Think Tank Photo reserves the right to terminate the Affiliate's participation in the Affiliate Program if Think Tank Photo determines, in its sole discretion, that the Affiliate's actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between Think Tank Photo and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto. Neither party shall be bound by any statements or representations that are not embodied in this Agreement.
The Affiliate may not assign the Affiliate’s rights or obligations under this Affiliate Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the California courts of Sonoma County or the U.S. District Court for the Northern District of California, United States of America, as appropriate.
This Affiliate Agreement shall be governed by and interpreted in accordance with the laws of California without regard to conflict of laws principles.
The headings and titles contained in this Affiliate Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Affiliate Agreement.
If any provision of this Affiliate Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary to effectuate the intent of the parties, and the remainder of this Affiliate Agreement shall have full force and effect.