Klérpäth Affiliate Program Terms

These terms and conditions should be read through and understood before agreeing to them. This is an important legal document even though it is written as much as possible in language you can easily understand. By participating in or using Klérpäth’s affiliate program, you agree to be bound by the following Terms and Rules. If you disagree with any part of the Terms then you may not access the Service.

Basic Rules

  1. Be courteous and conscious in your marketing efforts. Don’t SPAM your affiliate link everywhere. And be aware of how you are promoting the Klérpäth brand. 
  2. Do not violate Klérpäth trademarks. As an affiliate for us, you promote our products but you do not represent us. Don’t lie about your experience with Klérpäth products. Don’t use Klérpäth trademarks in your site title, channel, or social profile.
  3. Violate rule #1 and we’ll cancel your account and not pay commissions. We want our affiliates to be innovative and bold in their marketing efforts. However, we also want them to be representing the brand in a positive way.
  4. Don’t violate rule #1 and we can have a great relationship that is successful for both parties.   

Affiliate Program Purpose

The purpose for our affiliate program is to reward those who can bring new customers to Klérpäth Having several products in our own store makes it that much more valuable to have others promote those products. Despite the efforts that we put into bringing in customers, the affiliate program is a way to give back to you as our affiliates and we want to reward you. 

Acceptance to the Program

We reserve the right to accept or reject any person wanting to join the program. Additionally, we require that you be on a monthly subscription to at least one of our products. We do this to ensure that our affiliates are promoting our products honestly with their own experience rather than just other reviews online or from others that they have read or heard.

Technical Information About How Purchases are Tracked

The program has a 15 day cookie. From the time the person clicks on your link, they must purchase one of our products through your link within 15 days. 

Klérpäth’s Trademarks

Do not use the affiliate program in a way that would imply endorsement by Klérpäth, or in a way that could imply that your site is produced by Klérpäth LLC.

Do not use the terms “Klérpäth” “Steve Brailsford” “Joe Richardson” “Dan Williams” “Ricky Kesler” or any shortened version, misspelling, or variation on those names in the URL of your site, or in the profile name of any social media channel. Using those names in your title implies we endorse or are the source of the content you create, and this may infringe our trademark rights.

Commissions

We pay commissions according to the agreement we have with you as an affiliate. The commission amount is set to 15% for all affiliates. However, we at Klérpäth reserve the right to increase or decrease the commission rate based on market and economy changes. You can also receive a 3% commission on sales of affiliates that you referred to the program.

Failure of Technology

Our program is linked through Share-a-Sale and Shopify and Klérpäth cannot be held responsible for any failure of those sites. However, we want to pay our affiliates what they deserve and will work to remedy any other failures that may occur which we have control to fix. However, in the event that our technical system fails to recognize a click for some reason, you agree that Klérpäth LLC is not liable for the failure of the system to show your referral as payable.

Any payments in excess of the amount owed from the affiliate program to you need to be sent back to Klérpäth LLC and you agree to do so.

Your Representation to Klérpäth

Your representation means a lot to us and you will be honest in your representation to us. You represent that you are at least 18 years of age and have the legal authority to agree to these Terms and Conditions with Klérpäth LLC. This affiliate program is not open to minors. To access the affiliate program, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. You understand and agree that Klérpäth LLC can refuse service to customers or potential customers it chooses not to serve for any reason. While Klérpäth LLC makes reasonable efforts to ensure the accuracy of information provided, it does not guarantee that the information is free from errors. By accessing this affiliate program, you agree to hold Klérpäth LLC harmless for mistakes, imperfections, or errors in the information provided. You may use this affiliate program for lawful purposes only. You shall not post or transmit through the Service any material which violates or infringes the rights of others.

Accounts and Access

You agree to provide accurate and up-to-date contact information to Klérpäth at the time of creating an account which includes your registration name, email address, and physical address. You represent and agree that you will not use this Service in any way that would violate any laws in your jurisdiction.

Availability to Service

You understand and agree that server outages, technical problems, and other errors can make the affiliate program unavailable temporarily.  During this time, sales will not be recorded and affiliate clicks may not be tracked. You agree that no breach of these Terms or breach of contract legal action may be initiated against Klérpäth LLC in the event of these reasonable delays and outages. Klérpäth LLC will strive to provide a reliable service.

Duration of Agreement

Klérpäth reserves the right to terminate the Service and access to any feature of the Service for any affiliate with or without prior notice. It may substitute features of the Service or discontinue them.

Intellectual Property Rights to Your Materials

Klérpäth LLC claims no intellectual property rights over the material you create to promote its products. You retain copyright and any other rights you may rightfully hold in any content that you create. You agree to hold Klérpäth LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. You consent to recordings being made of calls, videos, or webinars provided as part of the Service. You consent to your name, site, words, voice, and likeness being used by Klérpäth LLC for promotional, development, and/or marketing purposes, without compensation to you.  

Our Intellectual Property

This service contains trademarks, copyrighted materials, proprietary information, proprietary techniques and processes, and other intellectual property of Klérpäth LLC. This content is provided to you as part of the Service for your individual use only. All intellectual property, including copyrighted materials, shall remain the sole property of Klérpäth LLC. No license to sell or distribute our materials is granted or implied. You may not create derivative works from, modify, transmit, publish, divulge to any third party, participate in the transfer or sale of, distribute, or in any way exploit in any format whatsoever any of the Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove or suspend you from the Service, without refund, if you are caught violating this intellectual property policy. 

Customer Data

When a customer places an order or makes a purchase in the Klérpäth store, we receive information about this order. We collect some information about this order and personal information about the customer to provide the Service. Sensitive personal data is always encrypted in our database, using the Advanced Encryption Standard algorithm.

  • We collect customer’s name, email address, shipping address, billing address.
    We require this information to provide the Service to you as our customer.
  • For subscriptions with an active automatic charging functionality, we also collect the last four numbers of the payment card, expiration date of the payment card and the payment card type. We never collect nor save the complete payment card details.
    We require this information to provide the Service to you.
  • When you browse the the Klérpäth store, we might collect your network information, such as IP address, time of the visit and other network information for the purpose of providing the Service.
  • We may also use personal information for other cases if you have given us your permission to do so.

Changed Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Limitation of Liability

You agree that Klérpäth LLC shall not be liable for direct, indirect, consequential, special, punitive, or any other damages arising out of your use of the Service.You agree to not hold Klérpäth LLC liable for any loss of revenue, expected profits, money, goodwill, or data. Klérpäth LLC’s total liability to you shall not exceed $100. 

Indemnification

You shall indemnify and hold Klérpäth LLC harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Service.

Entire Agreement, Waiver, Expenses

This Agreement constitutes the entire agreement between you and Klérpäth LLC pertaining to the Service and supersedes all prior and contemporaneous agreements, representations, and understandings. No waiver of any of the provisions of this Agreement by Klérpäth LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Klérpäth LLC. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Choice of Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Utah in the United States of America without regard to such state’s conflict of laws or provisions. For purposes of litigating any dispute that arises under these Terms or any dispute you have with Klérpäth LLC, you hereby submit to and consent to the jurisdiction of the State of Utah in the United States of America and agree that such litigation shall be conducted in the courts of North Utah County, Utah, or the federal courts for the United States for the District of Utah.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Contact Us

[email protected]

(801)-653-2100 

2100 Pleasant Grove Blvd #450, 

Pleasant Grove, UT 84062

Hours: 

Monday – Friday: / 9am – 5pm EST

Saturday – Sunday: / Closed