Affiliates Terms of Service


By registering, you agree to the following terms.

 

The Plain English Parts

  1. Basic Information
    1. During registration, we require basic information from you to identify you and your location from our other affiliates, as well as an email address to reach you. We also ask for your age to confirm that you are over 18 years of age. Why do we need to know this? We unfortunately require all our affiliates to be 18 years or older to ensure they have full authority to sign any legal documents required during the payout process.
  2. Promotion Restrictions
    1. You are free to promote on your own websites and social media accounts. We reserve the right to review any and all shared content and request promotional material to be taken down should we deem it misrepresenting the company or product in any way. You will have 48 hours to comply with the take down request; otherwise, your affiliate status will be temporarily or permanently revoked.
    2. You are free to use any and all marketing material officially published to the ThreeBySix.com website.
  3. Payouts
    1. Once your account is approved, you will be able to specify your payout increment down to as low as $25. By default, all affiliates start with a $25 payout increment. On the first business day of the month, we go through all our affiliates and identify those who have earned enough to meet their desired payout amount. We then payout all those affiliates via PayPal. Note that for all US-based residents, upon reaching your first payout, a Form W-9 will be requested from you as part of IRS regulations regarding paying affiliates. This isn’t our decision - this is to protect us, and yourself, from an audit situation. This form is to ensure we have proper identification for the Form 1099 we must submit to the IRS. See the Taxes section for more details.
  4. Taxes
    1. We are required by law to submit Form 1099 relating to Miscellaneous Income to the IRS upon any US-based affiliate breaching $600 in revenue. This same form will be sent to you for submission with your personal income tax return. Again, this isn’t our choice. This is by law.
    2. You are responsible for reporting the revenue you earn through this affiliate program to the IRS on your personal income tax return, whether a Form 1099 has been issued or not (as in, whether $600 in revenue has been breached or not). Again, if you are not based in the US, this does not apply to you. Your local laws may apply, and you are responsible for researching and reporting as appropriate.
  5. Parting Ways
    1. Either you or we may end our relationship at any time, for any reason, by giving written notice. We will payout any pending dollars earned to the affiliate in a timely fashion. If this is your first payout and it breaches the $600 threshold, a W-9 form will be required prior to payout (for US-based affiliates). We’ll hold on to your funds for up to 3 months so you have time to get it to us, afterwards we’ll close the account and you’ll sadly forfeit the funds. Sorry!

 

The Non-Plain English Parts

  1. Promotion Restrictions
    1. You are free to promote your own web sites, but naturally any promotion that mentions ThreeBySix.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by The.com. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.
  2. Termination - Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
  3. Indemnification - You hereby agree to indemnify and hold harmless Merchant.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
  4. Confidentiality - All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
  5. Miscellaneous
    1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Merchant.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
    2. We reserve the right to change these terms at any time. Any and all meaningful changes will be notified to all affiliates by Email within a timely fashion. Any affiliate can reach out to the company to obtain the latest copy of the Terms of Service. Failure to be aware of the Terms of Service does not imply a failure of consent to abide by the terms.