Tilta Affiliate Agreement

Affiliate Registration

We review and moderate all affiliate registrations, and we appreciate your accurate and honest information. Please note that the review process may take a few days – we know you are eager to join our team of affiliates, and we appreciate your patience!

If you’re approved, awesome! You’ll be given a unique referral ID that you can use to promote Tilta via referral links. Check out your private Affiliate Area for visits and referrals information, images, banners, graphs and more (“Program Content”)!

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE TILTA TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. By participating in the Affiliate Program, you also agree to the Program Policies, which are incorporated by reference.

The Tilta Affiliate Program permits you to monetize your website, social media user-generated content, or online software application (referred to here as your “Site”), by placing on your Site links to a Tilta website (“Tilta Site”). You must properly use the referral link formats we provide and comply with this Agreement (“Special Links”).

Commissions and payouts

You’ll earn a 5% commission on the purchase price when a customer makes a purchase on Tilta.com using your referral link.

We pay out affiliate commissions in USD via PayPal. We only pay commissions that are older than 60 days, with payment being made within 90 days of the end of the month. The minimum payout balance is $20.00. There’s no maximum payout balance. We will require a W9 form be filled out for tax purposes before any payout is made.

We do not allow referrals to be generated on your own purchases. We do not offer recurring referrals.

Here are the details of our program in summary:

You’ll receive 5% commission for every sale you refer
Minimum payout balance of $20.00, and no maximum payout (we pay in USD)
Commissions paid out every 30 days
Referrals are paid out via PayPal
Referrals cannot be generated on your own purchases (this includes using a different email address).

Tilta Customers

Our customers are not, by virtue of your participation in the Affiliate Program, your customers. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Tilta website will apply to those customers and may be changed at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with the Tilta website, you will state that those customers must follow contact directions on that Tilta website to address customer service issues.

Warranties

You represent, warrant, and covenant that (a) you will participate in the Affiliate Program and create, maintain, and operate your Site in accordance with this Agreement, (b) neither your participation in the Affiliate Program nor your creation, maintenance, or operation of your Site will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (c) you are lawfully able to enter into contracts (e.g. you are not a minor or otherwise legally prevented from contracting), (d) you have independently evaluated the desirability of participating in the Affiliate Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement, (e) you will not participate in the Affiliate Program if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using our Affiliate Program services; (f) you will comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology and services, and (g) the information you provide in connection with the Affiliates Program is accurate and complete at all times. You can update your information by logging into your account on the Affiliates Area portal”.

We do not make any representation, warranty, or covenant regarding the amount of traffic or fees you can expect at any time in connection with the Associates Program, and we will not be liable for any actions you undertake based on your expectations.

Identifying Yourself as an Affiliate

You must clearly state the following, or any substantially similar statement, on your Site or any other location where Tilta may authorize your display or other use of Program Content: “As a Tilta Affiliate I earn from qualifying purchases.” Except for this disclosure, you will not make any public communication with respect to this Agreement or your participation in the Affiliate Program without our advance written permission. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.

Referral cookie lifetime

When a potential customer clicks on your referral link, a cookie is stored in their browser to track your referral. The cookie is then stored for a 7 day period to give your referred customers time to decide if they wish to purchase the Nucleus Nano, or ask us any pre-sale questions they may have. In the event that two affiliates send referrals to the Tilta website, the commission will go to the affiliate whose link was last clicked on.

A referral won’t be awarded if:

The customer uses a different browser to purchase than the one they originally used to visit our site (because the cookie does not exist in that browser)
The customer purchases after 7 days (because the cookie will expire).

Refunded purchases

Referrals older than 7 days and in good standing (i.e. the purchase has not been refunded) will be included with each commission payout (if the commission balance totals $20.00 or over). If a purchase is refunded, a commission won’t be paid out for that referral.

We reserve the right to reject affiliate commissions for any reason. Commission rejections may occur for the following reasons:

The sale that the referral was based on was refunded
The method by which the referral was generated was in violation of our promotional policies (see below) or violated the spirit of the Affiliate Agreement.

Affiliate email updates

By becoming an affiliate you agree to receive emails from Tilta. These emails will be sent to affiliates only, on an ad-hoc basis, and may include important information regarding the Tilta affiliate program. These emails will also provide you with relevant news and updates to help you effectively promote Tilta. As an affiliate you may be privy to embargoed or time-sensitive information in these emails (this information may only be promoted after an embargo is lifted). And we won’t spam you, ever – promise!

Affiliate application rejection

We reserve the right to reject affiliate applications for any reason. We also reserve the right to choose whether we provide an explanation or reasoning for affiliate application rejection. Below are just a few reasons why an application may be rejected (this is not an exhaustive list):

Affiliate applications for websites that sell, advertise or engage in pornography, phishing scams, spamming, illegal business practices, or that include any material infringing on National or International Copyright will be rejected.
Affiliate applications for websites that we do not believe are aligned with our industry or business may be rejected.
Affiliate applicants with websites that re-sell any of our products will be rejected.
Websites considered inappropriate by Tilta will be rejected.

Inappropriate websites:

The following types of sites are not permitted to become an affiliate: adult sites, sites that display adult material or banners, sites that promote violence, hatred or bigotry, sites that promote or engage in illegal activity, including (but not limited to), unauthorized resale, and coupon sites. Affiliate applications for inappropriate websites will be rejected, and we reserve the right to choose whether or not to provide a rejection reason.

Affiliates may not place ads on the Google Ad network. Starting February 1st, 2023, referral payments for orders after that date originating from Google Ads will not be paid out.

Questions regarding your application

When you apply to become an affiliate we may email you at the email address you have supplied with some questions regarding your application. This may be because:

We didn’t understand something in your application, or,
We’d like to learn a bit more about how you will promote Tilta and need a little more detail.

If we reach out to you and we haven’t heard back within 7 days, your application may be rejected. If your initial application is rejected, you are welcome to reapply to become an affiliate and provide us with more detail for reconsideration.

Dormant affiliate accounts

We encourage all of our affiliates to actively promote Tilta to keep earning referrals. If we can help you come up with ideas on how to promote Tilta, please let us know – we’re here for you! An affiliate account is considered dormant if no visits have been generated after a 6-month period. A dormant affiliate account will be temporarily deactivated if no visits have been generated after 6 months.

Term and Termination

The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party (the “Term”). Either party may terminate this Agreement at any time, with or without cause.
You are only eligible to earn commission on qualified purchases occurring during the Term. Commission earned prior to the date of termination will be eligible for commissions only if the orders for the related Tilta products are not cancelled within (30) days and comply with all of the terms of this Agreement. We may withhold your final payment of commission for a reasonable time to ensure that all purchases are valid and payment from referred customers are legitimate as determined by Tilta in its sole discretion.
Any Affiliate who violates this Agreement, Tilta’s Terms and Conditions, or any applicable law will immediately forfeit any right to any and all accrued, but not yet received, commission and will be immediately removed from the Affiliate Program.
Tilta reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at any time for any reason, in Tilta’s sole discretion.

Disclaimers

THE AFFILIATES PROGRAM, THE TILTA SITE, ANY PRODUCTS OFFERED ON THE TILTA SITE, ANY SPECIAL LINKS, LINK FORMATS, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, OUR AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS AND LOGOS (INCLUDING TILTA TRADEMARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US IN CONNECTION WITH THE AFFILIATES PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TILTA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.

Limitations on Liability

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THE SERVICE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR SITE (INCLUDING YOUR USE OF ANY SERVICE OFFERING) OR YOUR VIOLATION OF THIS AGREEMENT, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO (A) YOUR SITE OR ANY MATERIALS THAT APPEAR ON YOUR SITE, INCLUDING THE COMBINATION OF YOUR SITE OR THOSE MATERIALS WITH OTHER APPLICATIONS, CONTENT, OR PROCESSES, (B) THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, PROMOTION, OR MARKETING OF YOUR SITE OR ANY MATERIALS THAT APPEAR ON OR WITHIN YOUR SITE, (C) YOUR USE OF ANY SERVICE OFFERING, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR VIOLATES THIS AGREEMENT OR APPLICABLE LAW, (D) YOUR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT (INCLUDING ANY PROGRAM POLICY), OR (E) YOUR OR YOUR EMPLOYEES’ OR CONTRACTORS’ NEGLIGENCE OR WILLFUL MISCONDUCT.

Governing Law and Dispute Resolution

Any dispute relating in any way to the Associates Program or this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law and the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights.