We know you love what we sell, so why not get paid for sharing our brand? We actively seek passionate people to help promote our products, and in return we provide a rewards program that provides an excellent, continuous, and attractive source of additional income. We will provide access to your own software that tracks every lead, sale and commission payment due to you. Everything you need to start is available right now...
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***Please read the affiliate contract below before signing up***
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DIAMOND PAINTING DEPOT, LLC INDEPENDENT AFFILIATE CONTRACT
Diamond Painting Depot, LLC
620 Cedar Street,
West Bend, WI 53095
- Diamond Painting Depot, LLC is in the opinion the above affiliate sign up member has the necessary qualifications, experience, and abilities to provide services for Diamond Painting Depot, LLC.
- The above affiliate is agreeable to providing such services to Diamond Painting Depot, LLC on the terms and conditions set out in this agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, Diamond Painting Depot, LLC and the affiliate (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
- Diamond Painting Depot, LLC hereby agrees to engage the affiliate to provide Diamond Painting Depot, LLC with the following services.
- The independent affiliate will be selling diamond paintings and diamond painting accessories through an assigned personal affiliate link, earning a commission on all sales through the provided link..
- The Services will also include any other tasks which the Parties may agree on. The affiliate hereby agrees to provide such Services to Diamond Painting Depot, LLC.
TERM OF AGREEMENT
- The term of this Agreement will begin on the date the Agreement is electronically signed above and will remain in full force and effect indefinitely until resignation or termination as provided in this Agreement.
- In the event that either Party wishes to terminate this Agreement, that Party can do so immediately by serving written notice on the other Party. If an affiliate decides to terminate their participation in the affiliate program they must send an email to: firstname.lastname@example.org
- In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
- Except as otherwise provided in this Agreement, the obligations of the affiliate will end upon the termination of this Agreement.
- The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
- All monetary amounts referred to in this Agreement are in USD (US Dollars).
- Independent affiliate will receive a commission of 25% of item price (before tax and shipping) for sales acquired using the direct seller's personal link. The independent affiliate will receive a commission of 5% of item price (before tax and shipping) for sales acquired from their tier one team sales made by the tier one affiliate using the tier one's personal link. The affiliate will be paid every Friday. All commission payments will be paid through PayPal, therefore the affiliate must have an active PayPal account to receive payments. A 1099 misc will be provided for tax purposes at the end of each calendar year for all commissions earned over $600 within that calendar year, this is why we need your social security number.
- Pay Periods: Affiliates are paid every Friday.
- In the event that a customer cancels their order or returns any portion of their order the commission earned from the original order will be deducted from the affiliates next commission payout.
- In the event an affiliate resigns or is terminated from the affiliate program, earned commissions still due to the affiliate will be paid in full on the next scheduled pay date.
- The affiliate will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.
- Affiliates will not receive a commission for any personal sales, however, Diamond Painting Depot, LLC will give you a coupon code in your welcome email in which you can use on your personal purchases which gives you 25% off. You will also be provided with codes for up to 50% off in the affiliate only Facebook group after joining. You can use these to purchase any and all items from our website, with the exception of any advertising or marketing material. This code is for affiliates only and should not be shared with any potential customer or any other person who is not an active affiliate. In the event an affiliate resigns or is terminated, they will no longer have the right to use this code. If for any reason an affiliate uses this code after resigning or being terminated the order will be cancelled and the affiliate will receive a refund for the entire order and at that time can reorder without using the affiliate coupon code. Affiliate discount codes can not be combined with any other offer.
- Confidential information (the "Confidential Information") refers to any data or information relating to Diamond Painting Depot, LLC, whether business or personal, which would reasonably be considered to be private or proprietary to Diamond Painting Depot, LLC and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to Diamond Painting Depot, LLC.
- The affiliate agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the affiliate has obtained, except as authorized by Diamond Painting Depot, LLC or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
OWNERSHIP OF INTELLECTUAL PROPERTY
- All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, is a "work made for hire" and will be the sole property of Diamond Painting Depot, LLC. The use of the Intellectual Property by Diamond Painting Depot, LLC will not be restricted in any manner.
- The affiliate may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Diamond Painting Depot, LLC. The affiliate will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.
RETURN OF PROPERTY
- Upon the expiration or termination of this Agreement, the affiliate will return to Diamond Painting Depot, LLC any property, documentation, records, or Confidential Information which is the property of Diamond Painting Depot, LLC.
- In providing the Services under this Agreement it is expressly agreed that the affiliate is acting as an independent contractor and not as an employee. The affiliate and Diamond Painting Depot, LLC acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. Diamond Painting Depot, LLC is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the affiliate during the Term. The affiliate is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the affiliate under this Agreement.
- All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
Diamond Painting Depot, LLC
Attn: Melisa Kasner
620 Cedar Street,
West Bend, WI 53095
or by email if previously approved by Diamond Painting Depot, LLC at
or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
NON COMPETE / CONFLICT OF INTEREST
- Diamond Painting Depot, LLC does not have a non compete clause. Which means you may sell for more than just our company.
RETAILING AND MARKETING
- As an independent affiliate of Diamond Painting Depot, LLC you may sell at craft shows, fairs, festivals, and other such places, on a cash and carry basis. You may sell in a store front if the items are properly labeled with the Diamond Painting Depot, LLC logo. Diamond Painting Depot, LLC items must be the only items of its kind in the store or event. All items being sold under the Diamond Painting Depot, LLC name must be purchased from Diamond Painting Depot, LLC. Diamond Painting Depot does not accept checks from consumers or affiliates. The affiliate bears all risk of loss for any returned checks accepted from a customer.
- The affiliate is responsible for obtaining their own private liability insurance required by their state in order to set up in a store or at a local event. Diamond Painting Depot, LLC will be held harmless against any and all loss, damages, liability, claims, suits, costs, and expense whatsoever, including reasonable attorney’s fees regardless of the merit or outcome of any matter connected to any act or omission in going to, coming from or performing services, work or activities at or in relation to any craft fair, event, or store in which the affiliate decides to participate in.
BUSINESS ADVERTISING MATERIAL
Diamond Painting Depot will offer some graphics you can use for advertising. As an affiliate you may also make your own, but all graphics MUST have the Diamond Painting Depot logo on them. A copy of the logo is in the Diamond Painting Depot Affiliate Only group on Facebook. Make sure you join this group as this is where all updates, graphics, and training will take place. Link to Affiliate ONLY Facebook Group: https://www.facebook.com/groups/325915168434939
MODIFICATION OF AGREEMENT
- Any amendment or modification of this Agreement or additional obligation assumed by the affiliate in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party. Diamond Painting Depot, LLC reserves the right to update, change, or alter any portion of this agreement at any time. If Diamond Painting Depot, LLC alters this agreement in anyway a copy will be emailed to the affiliate within 24 hours of any policy changes.
TIME OF THE ESSENCE
- Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
- The affiliate will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of Diamond Painting Depot, LLC
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
- This Agreement will inure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
- This Agreement will be governed by and construed in accordance with the laws of the State of Wisconsin.
- In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
PROMOTIONAL AND ADVERTISING RELEASE
- You agree that Diamond Painting Depot, LLC may use your personal information, including without limitation, your name, likeness, photograph or personal story in the Company's promotional or advertising material without compensation or remuneration.
- Diamond Painting Depot, LLC shipping policy is as follows:
- Standard 5-7 Business Days = $3.99 Flat Rate Shipping
- Next Day Shipping (means leaves our office the next business day) = $8.99
- FREE SHIPPING with a purchase of $100 or more
Affiliates of Diamond Painting Depot, LLC may only sell and recruit new team members within the United States.
- All items are charged sales tax based on the full retail of the product even though there may be a discount allowed. This is in compliance with state tax rules applicable to our direct sales company. States tax direct sales transactions differently than normal retail sales. Our agreements with states to collect sales tax at the full retail value is what grants affiliates an exemption on having to individually register for sales tax to re-sell Diamond Painting Depot products. The states assume that all product sold to our affiliates will be resold to an end consumer of retail value. By our collecting the full retail sales tax up front, we are voluntarily acting as a sales tax agent for the affiliates, relieving them of the burden of collecting and remitting sales tax for their orders placed through Diamond Painting Depot.
- Diamond Painting Depot accepts returns up to 14 days after the purchase date. To be eligible for a return, the item(s) must be unused and in the same condition the consumer received it and in it's original packaging. Diamond Painting Depot only accepts returns on damaged items or if the product ordered was not the same as the product shipped to the consumer. If the returned item is deemed to not be in a sellable condition, Diamond Painting Depot, LLC reserves the right to refuse a refund.
Refunds will be returned to the consumer using the original method of payment and will be processed within 72 hours of receiving the returned item. The consumer is responsible for shipping the returned item back to our office, at their own expense.
The consumer must initiate a return within 14 days of the purchase date. To initiate a return the consumer should send an email to email@example.com
Consumer should include a copy of the receipt and put "RETURN" in the Subject line of the email.
BECOMING AN INDEPENDENT CONSULTANT
- As a Diamond Painting Depot affiliate, you have the opportunity to participate in the the affiliate program. The basic requirements of becoming a Diamond Painting Depot affiliate are that an affiliate must:
- Be at least 18 years old
- Be a citizen of the United States
- Posses a legitimate social security number
- May only have one single affiliate account at any one time
- Sign and fill out in entirety the above application
- After joining you must log into your back office and fill in ALL boxes in your settings including: Name, Address, Phone Number, Email, PayPal Email (to be paid), and Social Security Number (for 1099 purposes)
- Once signed up an affiliate will remain active until they resign or are terminated by Diamond Painting Depot, LLC.
- If you choose to leave our affiliate program please send an email to: firstname.lastname@example.org and in the subject line write: Termination of Affiliate Status include full name, email, and reason for termination.
- Because of the nature of the business model, Affiliates may not switch uplines. To change uplines, an affiliate must resign or be terminated and wait a period of no less than six calendar months to sign a new affiliate agreement to begin selling under a new upline. There are no transfers of team, sales, or career titles. However, if your upline terminates their affiliate status their downline will be moved under the immediate upline of the original affiliates upline.
HOSTING HOME AND ONLINE PARTIES
- Affiliates may host home or online parties. Diamond Painting Depot, LLC does not give host credits, prizes, discounts, or awards of any kind and any such items are the sole responsibility of the affiliate.
- This Agreement is delivered electronically. By entering "Yes" in the I agree to the affiliate terms box above, the affiliate is agreeing to this contract. The affiliate acknowledges that his / her electronic signature will have the same legal force and effect as a handwritten signature. The affiliate's electronic signature, including date and time of signing will be stored electronically within the Shout Out Global system.