These Terms and Conditions (the "Affiliate Agreement") govern the Affiliate Program that is made available by Wheel Pros. ("Hoonigan.com", “Throtl.com”, "we" or "us"). These Terms and Conditions stand for the whole agreement and understanding between Wheel Pros and the individual or entity who takes part in the Affiliate Program (the "Affiliate", or "you").
Please read this agreement carefully as it stands for a legally binding agreement between you and Wheel Pros. By sending your application and by your use of the Affiliate Program, you agree to follow all the terms and conditions set out in this Affiliate Agreement. Wheel Pros may end your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Wheel Pros believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.2. Referral Tracking
Wheel Pros will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to Hoonigan.com and Throtl.com. Wheel Pros will track users who have visited these Referral Links using cookies which expire after 45 days (about 1 and a half months). Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to change or alter the Referral Links or the cookies in any way. Wheel Pros is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.3. Affiliate Fees and Payouts
A referral will become eligible for payout ("Eligible Referral") at the end of the next calendar month if it meets all these criteria:
If any activity is believed suspicious by Wheel Pros, Wheel Pros may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. Wheel Pros reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in case of any fraudulent, deceptive, or otherwise illegal activity.4. Advertisements
Wheel Pros hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use Wheel Pros logos 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 have Wheel Pros logos or service marks in good taste. The Affiliate may not use Wheel Pros logos or service marks in a manner that, in Wheel Pros sole discretion, portrays Wheel Pros in negative light.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
Wheel Pros may, without prior notice, require the Affiliate to remove or change any advertisements at Wheel Pros' sole discretion.5. Termination
The Affiliate may end the Affiliate's participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination.
Wheel Pros reserves the right to end the Affiliate's participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that Wheel Pros, in its sole discretion, believes to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will lose all potential or unpaid Affiliate Fees.6. Relationship of Parties
Wheel Pros 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 Wheel Pros' behalf.7. 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. Wheel Pros 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.
Wheel Pros is not responsible for any damages, injury or economic loss arising from the use of the 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 Wheel Pros, 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 or any third party's operations or use of the Affiliate Program.
California Civil Code Section 1542 Waiver. The affiliate expressly acknowledges and agrees that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. In addition, Affiliate hereby knowingly and voluntarily waives any protection that may exist under any comparable or similar statutes and principles of common law or any other state laws as it pertains to the enforcement of the releases provided in this paragraph.8. Modification
Wheel Pros may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program still follows this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to end this Affiliate Agreement. The Affiliate's continued participation in the Affiliate Program will be binding acceptance of such modifications.9. Miscellaneous
The Affiliate warrants and is at least 18 years old and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program are following all applicable laws, rules, regulations, and any requirements of governmental authority always. Wheel Pros reserves the right to end the Affiliate's participation in the Affiliate Program if Wheel Pros finds, in its sole discretion, that the Affiliate's actions or its participation in the Affiliate Program are in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between Wheel Pros and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.