Affiliate Program Terms

Terms and Conditions

Welcome to Barbbootcompany.com! Thanks for joining our Affiliate program. These following terms and conditions apply to individuals who are accessing or using the Program both as the merchant (“we” or “merchant”) and an affiliate (“you” or “Affiliate”) who refers customers to use product or service from the merchant. By participating in the Program, affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an affiliate or participate in the Program in any manner.

1. Approve or Reject of the Registration

We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.

2. Affiliate Links and Coupon

Affiliate link is automatically generated, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts. Affiliate might or might not be assigned to one coupon code with details and usage clarified on Dashboard. If customer both clicks on the affiliate link and uses coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.

Affiliate may also advertise merchant website on online channels such as Facebook, Instagram, tik tok et al.

3. Commissions and payment

Refer any customer to make a purchase on our website, and if such customer makes a purchase on our website (each a  “Qualified Transaction”), you will get a commission amount equal to 10% of the order value not including extra fees (tax, shipping cost etc.) (the “Commission”). Payments will be sent 60 days after a Qualified Transaction has been successfully completed. provided that your account balance is currently greater than $500. Accounts with a balance of less than $500 will roll over to the next month and will continue to roll over monthly until $500 is reached. We reserve the right to charge back to your account any previously paid Qualified Transactions that are later determined to have not met the requirements to be a Qualified Transaction. Payment for Commissions is dependent upon customers providing such funds to Bar-B-Boot, and therefore, you agree that Bar-B-Boot shall only be liable to you for Commissions to the extent that Bar-B-Boot has received such funds from the customer. You hereby release Bar-B-Boot from any claim for Commissions if Bar-B-Boot has not received such funds from the customer.

All determinations of Qualified Transactions and Commissions shall be made by Bar-B-Boot in its sole discretion. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to Bar-B-Boot in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice. In the event that Affiliate is also tracking Qualified Transactions  and Affiliate claims a discrepancy, Affiliate must provide Bar-B-Boot  with Affiliate’s reports within three (3) days after 30th day of the calendar month, and if Bar-B-Boot ’s and Affiliate’s reported statistics vary by more than 10% and Bar-B-Boot  reasonably determines that Affiliate has used generally accepted industry methods to track Qualified Transactions, then Bar-B-Boot  and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then Bar-B-Boot ’s numbers shall govern. If Affiliate has an outstanding balance due to Bar-B-Boot under this Agreement or any other agreement between the Affiliate and Bar-B-Boot , whether or not related to the Affiliate Program, Affiliate agrees that Bar-B-Boot  may offset any such amounts due to Bar-B-Boot  from amounts payable to Affiliate under this Agreement. 

4. Confidentiality

Except as otherwise provided in this Agreement or with the consent of Bar-B-Boot, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.

5. Limited License & Intellectual Property

We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Web Site.

You may not alter, modify, manipulate or create derivative works of the Links or any Bar-B-Boot graphics, creative, copy or other materials owned by, or licensed to, Bar-B-Boot in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Bar-B-Boot’s trademarks, service marks, copyrights, patents or trade secrets. You agree that Bar-B-Boot may use any suggestion, comment or recommendation you choose to provide to Bar-B-Boot without compensation. All rights not expressly granted in this Agreement are reserved by Bar-B-Boot.

6. Termination

This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. Either party may terminate this Agreement on fifteen (15) days written notice to the other party.

7. Remedies

In addition to any other rights and remedies available to us under this Agreement Bar-B-Boot reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) Bar-B-Boot determines that you have violated this Agreement, (ii) Bar-B-Boot receives any complaints about your participation in the Affiliate Program which Bar-B-Boot reasonably believes to violate this Agreement or (iii) any Qualified Transaction is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Bar-B-Boot reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.

8. Anti-Spam Policy

You must strictly comply with the federal CAN-SPAM Act of 2003 (the “Act”). All emails sent in connection with the Affiliate Program must include the appropriate party’s opt-out link. From time to time, we may request – prior to your sending emails containing linking or referencing the Affiliate Program that you submit the final version of your email to Bar-B-Boot for approval by sending it to your Bar-B-Boot representative and upon receiving written approval from Bar-B-Boot of your email the email may be transmitted to third parties.

It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon Bar-B-Boot’s approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon Bar-B-Boot’s approval.

9. Representations and Warranties

You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, Bar-B-Boot represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to Bar-B-Boot’s own business operations or Bar-B-Boot’s proprietary products or services.

10. Modifications

In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change.

11. Independent Investigation

You acknowledge that you have read this Agreement and agree to all its terms and conditions. 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 set forth in this Agreement or on the Affiliate Program.

12. Mutual Indemnification

Affiliate hereby agrees to indemnify, defend and hold harmless Bar-B-Boot and Clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links, Offers or Bar-B-Boot or Client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).

13. Disclaimers

THE AFFILIATE PROGRAM, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE “AS IS”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BAR-B-BOOT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BAR-B-BOOT DOES NOT WARRANT THAT THE AFFILIATE PROGRAM S WILL MEET AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. BAR-B-BOOT EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. BAR-B-BOOT DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.

14. Limitation of Liability

IN NO EVENT SHALL BAR-B-BOOT BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF BAR-B-BOOT. IN NO EVENT WILL BAR-B-BOOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BAR-B-BOOT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. BAR-B-BOOT’S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY BAR-B-BOOT IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.

15. Governing Law & Miscellaneous

Affiliate shall be responsible for the payment of all attorneys fees and expenses incurred by Bar-B-Boot to enforce the terms of this Agreement. This Agreement contains the entire agreement between Bar-B-Boot and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that Bar-B-Boot shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether Bar-B-Boot “clicks through” or otherwise indicates its acceptance thereof. Affiliate may not assign all or any part of this Agreement without Bar-B-Boot’s prior written consent. Bar-B-Boot may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. Except as set forth in the “Modifications” section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default. This Agreement shall be governed by the laws of Texas and jurisdiction and venue shall be Montgomery County Texas.

By submitting and application to Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement.