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Affiliate Program Terms & Conditions

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These Blauparts Affiliate Terms and Conditions (these “Terms”) apply to the Blauparts affiliate program (“Program”) provided by Blauparts LLC. (“Blauparts”) and its affiliates. By registering to participate in the Program, you acknowledge and agree that you have read all the terms and conditions set forth in these Affiliate Program Terms and also the general website Terms of Use and you agree to be bound by these Terms.

General: We encourage you to revisit this page from time to time as it may periodically be revised because we reserve the right, at any time to modify, alter, or update our terms of use policies. You agree to be bound by such modifications, alterations, or updates without notice if you use this site or purchase from us. All rights are reserved. Also, prices, specifications, manufacturers, availability, and special offers are subject to change without notice. If you do not agree with these terms of use, please contact us so we may discontinue your affiliate enrolment and account ASAP. At times we may need to contact you. Here are the ways we may typically notify you: Sending an email to the email address you provided when you registered for this Program or posting a notice on our website (“Site”) Blauparts.com. There are other forms of notice that may be used by Blauparts to contact you depending on the circumstances determined by Blauparts. You’re continuing to participate in our Affiliate Program will constitute your acceptance of any changes or modifications Blauparts makes to the Terms of Use.

These Terms set forth the entire agreement and understanding of the you the Affiliate and BLAUPARTS LLC relating to the Program, and supersede all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions, and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom. These Terms will be governed by and construed in accordance with the laws of the State of Wisconsin, without resort to its conflict of law provisions. IN NO EVENT WILL (A) BLAUPARTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BLAUPARTSHAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) Blauparts TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID BY BLAUPARTS TO YOU PURSUANT TO THESE TERMS DURING THE SIX MONTH PERIOD PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. Neither party will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, owner or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever. You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of Blauparts. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled. You agree that communications and transactions between us may be conducted electronically.

NOTICE:

The following proprietary brands Blauparts®, BLAU®, products and services are sold exclusively and distributed directly by and through Blauparts LLC primarily to end users and approved automotive repair shops. We do not authorize third-party dealings, distribution, advertisement, resale, or commercial use of our intellectual property, brands, or products ("Unauthorized Use"). Any such unauthorized use is an infringement of the Blauparts®, BLAU®, intellectual property and will be enforced under the fullest extent of the law, including immediate account closures.

By agreeing to these Affiliate terms, you affirm you (or any third parties you may be affiliated with) intend to use our product for your sole personal use and are not currently engaged or do not intend to purchase products from Blauparts with the intent to resell, redistribute, transfer, traffic or export the products you ordered in any way.

For the purpose of these Terms, you and, if applicable, such company (or other entity) constitute “you” or “Affiliate”.

By accessing our Affiliate Program and representing yourself on behalf of, or in capacity as an employee, consultant, an agent of a business entity or company, you agree you have the authority endowed by your business entity or company. You understand and agree to be (legally bound) on behalf of the company or any other company entity you're affiliated with to all terms and conditions of these Terms of Use.

Declaration. Upon review and acceptance of the terms of this Agreement Affiliate herein declares the truth of the following statement: Affiliate’s Declaration and Affirmative Statement - “Affiliate’s company and brands, as identified within this Agreement, is NOT either directly or indirectly involved with any unauthorized third-party individual or third-party company engaging in the commercial redistribution, resale, or transfer of Blauparts the Company’s products, or involved in the aiding and abetting of the commercial redistribution, resale, or transfer of the Company’s products (herein referred to cumulatively as “Competitor”) in a commercial manner with exception of the Permitted Use which extends to the Auto-Products identified herein, such that a business relationship had been established in the past and continues to be maintained, or currently exists, or will exist in the foreseeable future between Affiliate and the Competitor.

Limitations. With exception of the Permitted Use outlined herein, Affiliate agrees that it shall not directly nor indirectly participate in the advertisement, resell, redistribution, transfer, or export of Company’s Products or its proprietary brands comprising the following: Blauparts®, BLAU®, Ravenol®, and Eurol® (the “Brands”). Additionally, Affiliate agrees that it shall not directly or indirectly participate in the resell, redistribution, transfer, or export of the Products to any third party, including those external to Affiliate’s Blauparts or those internal including without limitations Affiliate’s corporate divisions, partners, affiliates, networks, private equity companies, officers, members, directors, employees, partners, relatives, affiliates, agents. The Affiliate agrees that it shall not advertise or represent itself as an agent, dealer, distributor, or representative of the Blauparts, Blauparts’ Products, or Company’s Brands. With exception to the Permitted Use outlined herein, Affiliate agrees not to advertise or list for over-the-counter sale or transfer of Blauparts’ Products. Affiliate agrees all external communications (whether in electronic, written, audio, video, or any other format) pertaining to the Ravenol® and Eurol® brand and products will be directed solely and exclusively to Blauparts LLC customer service.  Affiliate will not by any means communicate with the manufacturers of these Brands of products in an attempt to establish a commercial relationship with the manufacturers regarding the above-listed Brands of products. Affiliate agrees that it shall not engage with or create a commercial relationship with the manufacturers of these Brands whether directly or indirectly through a third party or through its employees, directors, officers, members, partners, relatives, affiliates, or agents to sell, distribute, advertise, or transact on the above-listed Brands of products.

  1. No Relationship. Nothing in this Agreement shall be construed as granting Affiliate rights in ownership or license to transact or use (distribute, or resell) Blauparts®, BLAU®, Ravenol®, and Eurol® brand products or otherwise establishing a relationship with Blauparts as its authorized reseller, distributor, or agent.
  2. Confidentiality. The information within and related to this agreement and any communications, emails, etc. is strictly between the Company-Blauparts and Affiliate-Affiliate and shall be maintained in secrecy by the Affiliate. Affiliate will not disclose any and all information within and related to this agreement to any third party, including anyone within Affiliate’s company who does not need to know this information for purposes of executing the terms of this Agreement.
  3. Terms of Use. This Agreement incorporates by reference in its entirety Blauparts Terms of Use, which includes the section entitled, Conditions and Agreements of Your Purchase, Warranty, Limitation and Liability (herein referred to as, Blauparts “Terms of Use”), which is located at www.blauparts.com/terms-of-use AND the “Affiliate Terms and Conditions” of this page. You affirm that both Terms of Use have been reviewed and hereby you agree to all the Blauparts Terms of Use.
  4. Ownership. Nothing in this agreement is intended to grant any rights to the Affiliate to any and all rights of the Company’s right to patent, trademarks, copyrights, technology, know-how, trade secrets, data, recordings, relationships, work product (herein referred to collectively as the “Work”). Affiliate acknowledges and agrees that the Work (and all rights extending therefrom) belongs to and shall be the sole and exclusive property of the Company. Affiliate agrees that nothing in this Agreement shall be construed as granting Affiliate any ownership or use rights by license or otherwise to Blauparts®, BLAU®, Ravenol®, and Eurol®, except for the limited and narrow purpose described herein.
  5. Term. The term of this Agreement shall continue for the duration of the Company’s authorization of Affiliate to purchase the Company’s Products (“Authorization of Purchase”). Authorization of Purchase shall be approved solely by the Company’s designated officers.
  6. Successors and Assigns. This agreement shall be binding upon and for the benefits of the undersigned parties, their successors, and assigns.
  7. Waiver. Failure to enforce any provision of this Agreement shall not constitute a waiver of any term hereof.
  8. Governing Law. This Agreement and all related documents, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with the State and Federal laws of the United States and the State of Wisconsin jurisdictions. The affiliate agrees to and consents to the jurisdiction of Manitowoc County, Wisconsin Circuit Court in case of litigation.
  9. Remedies. Affiliate agrees that any violation or threatened violation will cause irreparable injury, both financial and strategic, to the Company, and in addition to any and all remedies that may be available, in law, in equity, or otherwise, the Company shall be entitled to injunctive relief against the threatened breach of this Agreement by the Affiliate with the necessity of proving actual damages. The prevailing party in any proceeding under this agreement shall be entitled to recovery of costs and attorney fees expended.
  10. No Warranties. Company’s Products are sold on an "as is" basis and makes no representation or warranty, express or implied. Company shall not be liable to Affiliate or another person for the use of its Products or Brands.
  11. Entire Agreement. This Agreement contains the entire understanding between Blauparts and Affiliate (collectively referred to as the “Parties”) and supersedes all other understandings between the Parties in respect thereto.
  12. Signatures. By clicking the checkbox on the Affiliate Program account page and Affiliate Program Application Form you in effect are signing an agreement to these Affiliate Terms and Conditions. The person submitting the form on behalf of a Party warrants that he or she is duly authorized by all necessary and appropriate corporate or similar action to execute this Agreement and bind such respective party hereto.
  13. Survival. The rights and obligations of the parties (Blauparts LLC and the Affiliate) set forth in this Affiliate Terms and any right, obligation, or required performance of the parties in this Agreement which, by its express terms or nature and context is intended to survive termination or expiration of this Agreement, shall survive any such termination or expiration.

LICENSE:

Subject to the terms and conditions of these Terms and solely during your participation in the Program, Blauparts LLC may choose to provide you with select assets of its Blauparts Intellectual Property only provided through our Affiliate Platform (collectively, “Blauparts®, BLAU®, Ravenol®, and Eurol® Intellectual Property - Assets”) solely to fulfill your obligations under the Program. Blauparts may grant you only a limited and narrow non-exclusive, non-transferable, limited license to use very select and specific Blauparts LLC Intellectual property trade names, trademarks, service marks, symbols, as we defined in writing and provided to you through our Affiliate Platform. You MAY NOT nor are you entitled to use any copywrite text, content, trade names, trademarks, service marks, symbols, and logos, and the assets, copy, and discounts on your own, only those we specifically have defined from the Blauparts.com website. You may use ONLY those provided for you solely through our Blauparts Affiliate Platform.

Nothing in these Terms grants you any right, title, or interest in or to any of the Blauparts Intellectual property - Assets. Any and All, use of the BLAUPARTS LLC Intellectual property - Assets will inure solely to the benefit of Blauparts LLC. Affiliate members will promptly notify Blauparts of any known use by any third party of any Blauparts®, BLAU®, Ravenol®, and Eurol® Intellectual Property - Assets, which may constitute copyright or trademark infringement of its intellectual property.

OBLIGATIONS/RESTRICTIONS:

None of the Blauparts Intellectual Property - Assets or trademarks Assets that we might provide you may be modified in each or any instance.

  • As an Affiliate you agree to never represent your relationship with Blauparts LLC in a false or misleading way, and the Affiliate will not use vulgar, deceptive, misleading, illegal, spamming, phishing, or unethical practices in fulfilling any of its obligations under the Program or these Terms.
  • Affiliate may not engage in any conduct that is likely to result in retaliation against Blauparts or its employees, officers, directors, suppliers, contractors, or other agents.
  • Affiliate may not use any inappropriate techniques (including, but not limited to, cookie stuffing, misleading links, masking of the referral link, redirects, repeated manual clicks, advertising agencies, using robots or automated query tools using computer-generated search requests, and/or fraudulently using other search engine optimization services and/or software) in an attempt to defraud Blauparts LLC.
  • Affiliate will not bid on any Blauparts.com or Ravenol America.com keywords or similar keywords unless Affiliate has received expressed written approval from Blauparts LLC executive management.

MARKETING:

  • All the Affiliate’s marketing costs with respect to the Blauparts program will be the responsibility of the Affiliate.
  • Affiliate must use the coupon codes, referral links, and/or banners assigned to you by Blauparts under the Affiliate Program Promo Data section of the Affiliate account. Blauparts reserves the right to request the removal of any affiliate publication to the public domain that we deem inappropriate that conflict with or may violate these Affiliate Terms and Conditions.
  • Affiliate may not create websites or advertisements. Affiliates may not copy or resemble the look and feel of any of Blauparts.com or Ravenol America websites. Any advertising materials will be provided solely by Blauparts LLC.
  • Affiliate may not offer coupons or incentives as a part of its own marketing efforts. Only coupons or incentives provided solely and exclusively by Blauparts can be used.
  • Affiliate may not create any domains, sub-domains, or handles that use any of Blauparts®, BLAU®, Ravenol®, and Eurol® (the “Brands”) trade name, trademarks, service marks, symbols, logos, or copyright text.
  • Affiliate must abide by all applicable State and Federal laws and regulations including, but not limited to, the Digital Millennium Copyright Act (DMCA) and CAN-SPAM Act of 2003 (Public Law No. 108-187).
  • Affiliate must ensure that all emails from Affiliate show that they are from the Affiliate in the from line and no email can look like they are similar as coming or originating from Blauparts.
  • Affiliates may not bid on Blauparts branded, trademarked, or copyrighted keywords.

WEBSITE/BUSINESS RESTRICTIONS:

Your website or business (including, but not limited to, any marketing materials created by you or a third party acting on your behalf) must not contain any messages, text, materials, data, information, software, audio, art, images, photos, video, graphics, or other items or materials that may reasonably:

  • Be offensive or violate any laws or regulations.
  • Infringe or violate any copyrights, trademark rights, patent rights, trade secret rights, rights of publicity, rights of privacy, or any other rights of Blauparts or any other individual or entity.
  • Be considered defamatory, obscene, threatening, inflammatory, malicious, harassing, offensive, hateful, or harmful to any individual or entity.
  • Be considered obscene, pornographic, indecent, or sexually explicit or that constitutes, fosters, or promotes pornography or bestiality.
  • Depict graphic, excessive, or gratuitous violence.
  • Be false, misleading, or deceptive.
  • Store or transmit any material that contains software viruses, Trojan Horses, worms, time bombs, keystroke loggers, spyware, adware, corrupted data, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.

COUPON GUIDELINE:

Affiliate will only use coupons provided to it by Blauparts through the Affiliate Platform.

Affiliate will not use any coupon or offer found on any other website/platform to promote the Blauparts program.

Affiliate may only use coupons exclusively provided by Blauparts on its own website or platform and will not submit any codes to any coupon website/platform.

Blauparts will not pay a commission to Affiliate for a sale from a non-Blauparts coupon, and Blauparts will not reverse the customer transaction.

CALCULATION OF COMMISSIONS & PAYMENT:

In order to receive commissions, you must use the coupon codes, referral links, and/or banners assigned to you by Blauparts under the Affiliate Program Promo Data section of Affiliate account. All materials must be used by the Affiliate in accordance with the Affiliate Program Terms of Use. The coupon codes, referral links, and/or banners assigned to you track your sales by capturing when individuals click on one of your advertisements or use one of your coupon codes. Affiliates will earn commission from referrals once the order has been completed. Earned commissions have a holding period of 14 days before it is made available for Affiliates to make a withdrawal request. The minimum available balance required to request a withdrawal is $50. Commission payments will occur via PayPal to the Affiliate’s PayPal account. Affiliates must ensure that their PayPal Account is a “Verified” PayPal Account.

  • All commissions are less taxes, shipping charges, extra fees, duties, interest, penalties, late charges, similar charges, and any amounts Blauparts must pay third parties.
  • We reserve the right to reverse commissions due to order cancellations, refunds, disputed charges, duplicate orders, or any violation of these Terms.
  • If we discover that you have attempted to create a fraudulent order, your participation in the Affiliate Program and your Blauparts customer account will immediately be terminated.
  • You acknowledge and agree that You retain full responsibility for determining certain tax laws and fulfilling Your obligations with respect to taxation. You agree to comply with all applicable tax laws, rules, and regulations. Affiliate agrees that You are solely responsible for any tax obligations, including reporting, arising from or in connection with any compensation earned because of Your participation in Blauparts Affiliate Program and shall also hold Blauparts harmless.
  • Affiliates agree and understand they are responsible for reporting all commissions Blauparts sends to the Affiliates' PayPal account. The Affiliate understands they will need to report them to the IRS via 1099 forms.
  • You acknowledge that You have access to copies of all commission invoices issued by Blauparts through your customer account and Your PayPal account Your name and on Your behalf.
  • You may raise any objections to the content of commissions issued in Your name and on Your behalf of Blauparts within ten (10) days after the date of issue of commission payments to PayPal. Failure to dispute may forfeit any changes.
  • Affiliates are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission earned. All amounts payable by Blauparts to its Affiliates are subject to an offset by us against any amounts owed by you to us.
  • We reserve the right to alter or change the Commission amount as per the assigned Affiliate Program.

REPORTING VIOLATIONS:

If you become aware of any violation of any of the terms or conditions of these Terms, you are required to immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation, use our Contact Us form.

TERM & TERMINATION:

Your participation in the Program will begin when you agree to the Affiliate Terms and Conditions and are accepted by Blauparts into the Program. Blauparts reserves the right, but does not have any obligation, to monitor or police activity in connection with the Program. If Blauparts reasonably believes that you have violated any of the terms or conditions of these Terms or the Blauparts.com Terms of Use, in addition to other available remedies, your participation in the Program will immediately terminate. Blauparts will generally attempt to notify you of any activity in violation of these Terms and request that you cease such activity.

Also, your participation in the Program may terminate if (a) you notify Blauparts that you would like to terminate your participation, or (b) Blauparts otherwise terminates your participation.

If your participation in the Program is terminated due to a violation of these Affiliate Terms or the Blauparts.com Terms of Use, any outstanding commissions earned will be forfeited by you. If your participation in the Program is terminated for any other reason or you elect to terminate your participation in the Program, any outstanding commissions up to the effective date of such termination will be paid to you within 60 days of the effective date of such termination.

You (the affiliate) agree that Blauparts has the right to cancel its affiliate program at any time.