The Modern Man - Affiliate Program

Create your account, place your unique linking code into your website (or use it when you post on your social channels or when you e-mail friends) and watch your account balance grow as your visitors become happy customers of The Modern Man.
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Standard Info
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We will pay you via Pay Pal
You must have a PayPal account to allow us to pay your commissions. We do not use other payment methods for our affiliate program.
Terms & Conditions
To be an authorized affiliate of The Modern Man, you agree to abide by the terms and conditions contained in this agreement.

Please read this agreement carefully before registering and using the The Modern Man service as an affiliate. By signing up for the The Modern Man affiliate program, you indicate your acceptance of this agreement and its terms and conditions.

This agreement (the “Agreement) is made between www.themodernman.com (“The Modern Man”), and the Affiliate, and collectively, the “Parties”) for participation in The Modern Man’s affiliate program. 

Affiliate wishes to include certain materials promoting The Modern Man, and to include a link to The Modern Man’s website within those materials on Affiliate’s website or personal social media channels (including e-mail); 

In consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows: 

1. Promotional Materials. The Modern Man shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website or social media channels (the “Promotional Materials”). Affiliate shall display the Promotional Materials provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a unique affiliate link from the Promotional Materials to The Modern Man’s website so The Modern Man can determine which sales are from the Affiliate. 

2. Use of Promotional Materials. The Affiliate’s use and display of the Promotional Materials on the Affiliate’s site shall conform to the following terms, conditions and specifications: 

a. Affiliate may not use any graphic, textual or other materials to promote The Modern Man’s website, products or services other than the Promotional Materials, unless The Modern Man agrees to such other materials in writing prior to their display. 

b. Affiliate may only use the Promotional Materials for the purpose of promoting The Modern Man’s website (and the products and services available thereon), and for linking to The Modern Man’s website. 

c. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials prepared by The Modern Man. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from The Modern Man for such alteration of modification. 

d. The Promotional Materials will be used to link only to The Modern Man’s website, to the specific page and address as specified by The Modern Man. 

3. License. The Modern Man hereby grants to Affiliate a nonexclusive, nontransferable license (the “License”) to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement. 

4. Intellectual Property. The Modern Man retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3. 

5. Relationship of Parties. This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between The Modern Man and Affiliate. Affiliate shall provide services for The Modern Man as an independent contractor. Affiliate shall have no authority to bind The Modern Man into any agreement, nor shall Affiliate be considered to be an agent of The Modern Man in any respect. 

6. Commissions. 
a. In exchange for Affiliate’s display of the Promotional Materials, and for Affiliate’s compliance with and performance of the terms and conditions of this Agreement, The Modern Man shall pay to Affiliate a commission (the “Commission”) in the amount of a flat rate for product sold to a user that accesses The Modern Man’s website through a link on Affiliate’s website. The current flat rate posted is $50.00 USD and this flat rate is subject to change by The Modern Man at any time without the need to notify the Affiliate. Commissions are paid only if the user is a new store.themodernman.com customer and the user is making their first purchase. No recurring commissions are paid for the users future purchases. No commissions are paid on Modern Man services purchased by the user.

b. The Modern Man shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate is provided with 24/7 access to these records by signing into his/her account: http://affiliate.themodernman.com/login.php 

c. Commissions are held for a period of 60 days from any purchase to protect The Modern Man in the event of any chargeback or refund that may occur. The Modern Man shall pay all Commissions accrued and payable to Affiliate within 7 days of the first day of each month (the “Commission Payment Date”). If on any Commission Payment Date, the amount of total Commissions accrued and payable to Affiliate is less than $100.00 USD, then such accrued and payable balance shall be held over to the following month, and paid together with the Commissions due for that month. If at any time, the balance of accrued and payable Commissions is held over for 60 consecutive days, then The Modern Man will continue to hold all accrued and payable Commissions to Affiliate until the payout amount reaches the minimum of $100 USD. Payment is made via the Affiliate PayPal account.

d. In the event that Affiliate materially breaches this Agreement and The Modern Man terminates this Agreement within 30 days of such breach, any accrued and payable Commissions owing to Affiliate shall be forfeited. 

e. Affiliate commission tracking is for a period of 30 days only from when a user first clicks an Affiliate campaign. Upon expiration of 30 days, Affiliate commissions will no longer be tracked or paid. 

7. Affiliate’s Representations and Warranties. Affiliate represents and warrants the following: 

a. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement. 

b. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future. 

c. Affiliate will not use the Promotional Materials in any manner other than those set forth in Section 2 above. 

d. Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein. 

e. Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that reference The Modern Man or The Modern Man’s website unless The Modern Man gives prior written consent to the distribution of such materials. Affiliate will not use The Modern Man’s name (or any name that is confusingly similar to The Modern Man’s name) for any purpose on its website, in its promotional materials, or in any other context except to promote The Modern Man’s website as specified in this Agreement. Affiliate will not register any domain name that incorporates The Modern Man’s name, or that is confusingly similar to The Modern Man’s name. 

f. Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing The Modern Man or The Modern Man’s website. 

8. Indemnification. Affiliate shall indemnify The Modern Man and hold harmless The Modern Man from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless The Modern Man for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
9. Confidentiality. Any information that Affiliate is exposed to by virtue of its relationship with The Modern Man under this Agreement, which information is not available to the general public, shall be considered to be “Confidential The Modern Man Information.” Affiliate may not disclose any Confidential The Modern Man Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from The Modern Man. 

10. Term. 

a. This Agreement shall take effect immediately, and shall remain in full force and effect indefinitely, or until terminated pursuant to this Section 10. 

b. Either Party shall have the right to terminate this Agreement at any time and for any cause. 

11. Taxes. The Modern Man shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with The Modern Man as set forth in this Agreement. The Modern Man shall not withhold any taxes from the Commissions paid to Affiliate. 

12. Limitation of Liability. The Modern Man shall not be liable for any loss of profits or costs, or for any direct, indirect, special, personal, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether The Modern Man was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement. 

13. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement. 

14. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited. 

15. Headings. The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement. 

16. Entire Agreement. This Agreement constitutes the entire agreement between The Modern Man and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
I have read, understand and agree to The Modern Man Affiliate terms and conditions above.
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