Program Terms & Policies

E-Z ANCHOR PULLER MFG. CO. 

INDEPENDENT AFFILIATE AGREEMENT

This Independent Affiliate Agreement (including any schedules, exhibits or addenda attached hereto, the “Agreement”), is made and entered into as of the date identified below (the “Effective Date”), by and between E-Z Anchor Puller MFG. CO. with an address of 8955 US HWY 301 N, SUITE 400 , Parrish, FL 34219, United States and the affiliate identified below (“Independent Affiliate” or “you”). In consideration of the mutual promises contained herein, the parties agree as follows:

Services 

The Independent Affiliate Program. 

Independent Affiliate agrees to provide to E-Z Anchor Puller MFG. CO. under the terms and conditions of this Agreement, services (the “Services”) in connection with E-Z Anchor Puller MFG. CO.'s Independent Affiliate Program (the “Program”). As part of the Services, Independent Affiliate will generate and post content (including, without limitation, text, videos and images) regarding E-Z Anchor Puller MFG. CO. brand and E-Z Anchor Puller MFG. CO. products on Independent Affiliate's dedicated E-Z Anchor Puller MFG. CO. Web page (the “Affiliate Page”) and on Affiliate's Instagram, Instagram Story, Twitter, Facebook, blog and potentially YouTube and Pinterest (the “Social Channels”) (collectively the “Content”) in an effort to generate sales.

Independent Affiliate agrees to: 

Devote such of his/her time, resources and best efforts to the Services as is reasonably necessary to perform them in a professional and diligent manner

Comply with all applicable laws and regulations.

Determine, in his /her discretion, the time, place, manner, means, methods and independent/personal resources by which the Services are performed and achieved.

Provide and utilize his/her own equipment, tools and other resources in performing the Services but E-Z Anchor Puller MFG. CO. will provide to Independent Affiliate certain informational materials to facilitate the creation of Independent Affiliate's created content to his/her Affiliate Page and/or Social Channels (such templates and other materials are collectively referred to as the “E-Z Anchor Puller MFG. CO. Materials”).

Will be responsible for (i) creating and editing the Content and (ii) either emailing to E-Z Anchor Puller MFG. CO. such Content to upload to the Affiliate Page or posting such Content on the Social Channels. All such Content that is uploaded to the Affiliate Page will be posted to the Affiliate Page subject to prior review by E-Z Anchor Puller MFG. CO.. E-Z Anchor Puller MFG. CO. has the right to remove any Content from the Affiliate Page.

It is understood and agreed that Independent Affiliate will be an independent contractor, is not and will not be considered an agent or employee of E-Z Anchor Puller MFG. CO. (or any of its affiliates or related entities), and shall have no authority to bind E-Z Anchor Puller MFG. CO. (or its affiliates or related entities) by contract or otherwise.

Restrictions 

Independent Affiliate agrees that they will not: (i)

Make any derogatory statements about E-Z Anchor Puller MFG. CO. and/or E-Z Anchor Puller MFG. CO. products

Link to any third-party websites, other than the Social Channels, on the Affiliate Page or otherwise redirect visitors of the Affiliate Page to third-party websites

Resell or distribute any E-Z Anchor Puller MFG. CO. products, including those received for free or as gifts, for commercial purposes, other than via the Affiliate Page

Promote E-Z Anchor Puller MFG. CO. products, the E-Z Anchor Puller MFG. CO. brand, or the Program and/or the Affiliate Page via any paid media channels

Promote E-Z Anchor Puller MFG. CO. products, the E-Z Anchor Puller MFG. CO. brand, the Program and/or the Affiliate Page via any website, media, social media, or electronic presence or resource that may be considered pornographic, lewd, offensive, or discriminate

Engage in any fraudulent transactions, as reasonably determined by E-Z Anchor Puller MFG. CO., including without limitation making transactions from Affiliates IP addresses or computers under Affiliate's control. 

Compensation.

In consideration for the Services, E-Z Anchor Puller MFG. CO. will pay to Independent Affiliate a percentage of the Net Revenue (as defined below) collected by E-Z Anchor Puller MFG. CO. in accordance with the Commission Appendix below (the “Commission(s)”). For purposes of this Agreement, “Net Revenue” means gross fees received by E-Z Anchor Puller MFG. CO. from Qualifying Orders (as defined below), less amounts paid for using store credit or gift certificates, taxes, duties and transaction-based costs and expenses, including but not limited to payment process fees and shipping fees. For purposes of this Agreement, “Qualifying Orders” means purchases of E-Z Anchor Puller MFG. CO. product(s) via the Affiliate Page that are made by a method of payment accepted by E-Z Anchor Puller MFG. CO.. The Commission is also only paid to Independent Affiliate if the Qualifying Order is final -any returns will cause that specific Commission to be deducted out of the month payouts. The Commission will be calculated solely based on records maintained by E-Z Anchor Puller MFG. CO. using its standard methodologies. E-Z Anchor Puller MFG. CO. will pay Independent Affiliate its Commission on the 28th day of each month. Commissions due hereunder will be made by E-Z Anchor Puller MFG. CO. to Independent Affiliate through its payment processor (“Payment Processor”), which, as of the Effective Date, is PayPal Holdings, Inc. Independent Affiliate is solely responsible for creating and maintaining a Payment Processor account, and communicating such account information to E-Z Anchor Puller MFG. CO. for purposes of receiving the payments set forth herein. E-Z Anchor Puller MFG. CO. is not responsible for making any payments based on any amounts which result from any fraudulent transactions, as reasonably determined by E-Z Anchor Puller MFG. CO., including without limitation any transactions originating from Affiliate 's IP addresses or computers under Affiliate's control.

Representations and Warranties.

Independent Affiliate represents and warrants that:

He or she is at least 18 year of age and legally allowed to live and work in his/her country of residence

The Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein and in the E-Z Anchor Puller MFG. CO. Materials;

The Content and Other Developments are Independent Affiliate' s original work

Use of the Content and Other Developments by E-Z Anchor Puller MFG. CO. will not infringe or involve the misappropriation of any third party rights

All clearances and licenses relating to the use of the Content or Other Developments have been obtained by Independent Affiliate

Except as expressly set forth herein, no fee, compensation or any other payment whatsoever will be payable by E-Z Anchor Puller MFG. CO. for any Content or Other Developments or any content or material incorporated therein to any third party;

He or she will comply with all applicable laws, rules and regulations, including the Guides

Indemnification.

Independent Affiliate shall indemnify and hold E-Z Anchor Puller MFG. CO., its affiliates and their respective directors, officers, agents and employees harmless from and against all claims, demands, losses, damages and judgments, including court costs and attorneys' fees, arising out of or based upon the Services and/or Independent Affiliate performance thereof including, but not limited to, (a) any claim that the Services provided hereunder or, any related intellectual property rights or the exercise of any rights in or to any Content, Other Development, Affiliate IP or related intellectual property rights infringe on, constitute a misappropriation of the subject matter of, or otherwise violate any patent, copyright, trade secret, or trademark of any person or breaches any person' s contractual rights; and (b) any breach or alleged breach by Independent Affiliate of any representation, warranty, certification, covenant, obligation or other agreement set forth in this Agreement.

Term; Termination.

This Agreement will commence on the Effective Date and continue until terminated as set forth herein. Either party may terminate this Agreement for convenience upon at least seven (7) days' prior written notice thereof to the other party. E-Z Anchor Puller MFG. CO. may, in addition to any other rights it may have at law or in equity, terminate this Agreement immediately and without prior notice if Independent Affiliate refuses to or is unable to perform the Services or is in breach of any material provision of this Agreement. Upon any termination of this Agreement, all rights and duties of the parties toward each other shall cease, except that the following Sections shall survive: 2 (with respect to any Net Revenue accrued during the term of this Agreement but not yet paid); 3, 4(a), 4(b), 4(c) and 5 through 13 (inclusive).

Independent Contractor; No Agency.

Independent Affiliate is not and shall not be deemed an employee, agent, joint venture or partner of E-Z Anchor Puller MFG. CO., and neither party shall have any right or authority to assume or create any obligation on behalf of or bind the other party in any manner whatsoever.

Limitation of Liability.

IN NO EVENT SHALL E-Z Anchor Puller MFG. CO., ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (EACH, A “E-Z Anchor Puller MFG. CO. PARTY”) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO THIS AGREEMENT, THE E-Z Anchor Puller MFG. CO. PRODUCTS AND/OR THE PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH E-Z Anchor Puller MFG. CO. PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH STATES, THE LIABILITY OF THE E-Z Anchor Puller MFG. CO. PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Governing Law, Jurisdiction and Venue.

The provisions of this Agreement will be construed and enforced in accordance with, and any dispute arising out of or in connection with this Agreement, including any action in tort, will be governed by, the laws of the State of Florida. 

Notices. 

All notices or other communications, required or permitted to be given hereunder, shall be in writing and shall be delivered electronically, personally or mailed, certified mail, return receipt requested, postage prepaid, to the parties at their addresses as set forth above. Any notice given electronically shall be deemed received on the business day following transmission. Any notice mailed in accordance with the terms hereof shall be deemed received on the third day following the day of mailing. Either party may change the address to which such notices to such party may be given hereunder by serving proper notice of such change of address to the other party.

Equitable Relief.

Independent Affiliate and E-Z Anchor Puller MFG. CO. agree that it would be impossible or inadequate to measure and calculate   E-Z Anchor Puller MFG. CO.'s damages from any breach by Independent Affiliate of this Agreement. Accordingly, Independent Affiliate and E-Z Anchor Puller MFG. CO. agree that if Independent Affiliate breaches this Agreement; E-Z Anchor Puller MFG. CO. will have available, in addition to any other right or remedy available and notwithstanding anything to the contrary in Section 10 above, the right to obtain from any court of competent jurisdiction an injunction restraining such breach or threatened breach and specific performance of Sections 3, 4 and Section 8. Independent Affiliate and E-Z Anchor Puller MFG. CO. further agrees that no bond or other security shall be required in obtaining such equitable relief and Independent Affiliate and E-Z Anchor Puller MFG. CO., hereby consent to the issuances of such injunction and to the ordering of such specific performance.

Miscellaneous.

If any provision of this Agreement is found to be invalid by any court or arbitrator having competent jurisdiction, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect. Failure of E-Z Anchor Puller MFG. CO. to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision of this Agreement. No waiver shall be effective against E-Z Anchor Puller MFG. CO. unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by E-Z Anchor Puller MFG. CO. and Independent Affiliate, this Agreement constitutes the entire agreement between Independent Affiliate and E-Z Anchor Puller MFG. CO. with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience, and shall not be given any legal import. Neither this Agreement nor any right hereunder or interest herein may be assigned or transferred by Independent Affiliate without the express written consent of E-Z Anchor Puller MFG. CO.. E-Z Anchor Puller MFG. CO. may assign any or all of its rights and obligations under this Agreement without Independent Affiliate's written consent to any affiliate or to another third party affiliate by way of merger, acquisition, consolidation, or sale or transfer of all or substantially all of E-Z Anchor Puller MFG. CO.'s assets or capital stock. Any attempted assignment, delegation or transfer to a third party in violation hereof shall be null and void. Subject to the foregoing, this Agreement shall be binding on the parties and their successors and assigns  

Commission Appendix 

For Qualifying Orders in a calendar month, E-Z Anchor Puller MFG. CO. will pay to Independent Affiliate commission payments in accordance with the following table, with the exception that E-Z Anchor Puller MFG. CO. could have promos that could go to higher percentages as incentive, all details of such promos to be at E-Z Anchor Puller MFG. CO.'s sole discretion and communicated to Independent Affiliate in due time