T1Triathlon Affiliate Program Agreement
This Affiliate Participation Agreement ("Agreement") contains the terms and conditions that apply to your participation as a member of the affiliate program (the "Affiliate Program") for www.t1triathlon.com ,which is a website owned by Kyle Jensen. ("we" or “us”) In this Agreement you are sometimes referred to as "you", "your" or "Affiliate".
BY JOINING THIS AFFILIATE PROGRAM YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS SET FORTH HEREIN, DO NOT JOIN THIS AFFILIATE PROGRAM.
1. Enrollment; Eligibility. In order to participate in this Affiliate Program you must complete a participant application that is accessible through the www.t1triathlon.com. You will be notified if your application has been accepted or rejected. We reserve the right to reject any application in our sole discretion. If we reject your application, you may reapply at any time. Only athletes who have permanent residency within Canada are eligible to apply. You must be at least 18 years of age to join the Affiliate Program. By submitting an application to participate in the Affiliate Program, you represent, warrant, covenant and agree that (i) all information that you provide to us in connection with your participant application and/or in connection with your participation in the Affiliate Program is true, complete and accurate, (ii) you have all necessary rights and authority to enter into this Agreement and perform your obligations hereunder, (iii) this Agreement will constitute a legal, binding and enforceable agreement against you in accordance with the terms and conditions herein, and (iv) your execution and performance hereunder will not conflict with or result in a breach or violation of any other agreement, arrangement or understanding to which you are bound.
2. Responsibility for Your Participation. (a) You will be solely responsible for keeping all the following Affiliate Program responsibilities: (i) All affiliates must not share T1Triathlon on social media accounts which (1) promotes violence or any illegal or immoral activity (2) contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials; (3) contain material that is materially false, inaccurate, fraudulent or misleading or that promotes pyramid or similar schemes; (4) promote discrimination based upon gender, race, religion, nationality, disability, sexual orientation or age; (ii) Affiliates are responsible, and agree to, share their experiences with T1Triathlon on a weekly basis on any of the following social media sites: (1)Facebook, (2) Instagram, (3)Twitter, and (c) Affiliates must provide at least 1 successful referral (contact who purchases a minimum annual program) within 12 months of signing the T1Triathlon Affiliate Program Agreement.
3. Violation of Terms and Affiliate Indemnification. (a) Violation of any of the terms, conditions or prohibitions contained in this Agreement may result in, among other things, the immediate termination of this Agreement. (b) You, at your own cost and expense, will indemnify, defend and hold harmless, us, T1Triathlon, Kyle Jensen, our and their respective parents, subsidiaries and company affiliates, and each of their respective directors, officers, employees, agents, successors and assigns against any claim, suit, action, judgment, liability, loss, cost, expenses and other damages (even if such claims are groundless, fraudulent or false), including reasonable attorney's fees, based upon or in connection with (i) any breach or alleged breach of your representations, warranties, covenants agreements, or obligations hereunder, (ii) your websites or related business, or any content, technology or other materials displayed or contained thereon, including but not limited to with respect to claims of misappropriation or infringement, (iii) your failure or alleged failure to comply with any applicable law, rule or regulation, (vi) claims for unsolicited email, spamming or violation of the CAN-SPAM Act of 2003.
4. Term and Termination. (a) This Agreement shall automatically terminate on the date on which we no longer maintain, or you are no longer a member of, the Affiliate Program contemplated hereunder. Additionally, either party may terminate this Agreement at any time and for any reason by providing notice (including via e-mail) to the other party. We may also terminate this Agreement immediately, without notice, if we determine, in our sole discretion, that you have breached this Agreement or that you are unsuitable to participate in the Affiliate Program. If you do not generate at least 1 social media post promoting T1Triathlon per week, or at least one successful referral within 12 months, you will be removed from the Affiliate Program.
5. Press Release; Publicity. You agree that you will not issue any press release or make any other similar public announcement that in any way makes any reference to us or GSI without our prior written consent, which consent may be withheld in our sole discretion.