HorrorPack

HorrorPack Affiliate Agreement

Love Horror Movies? Like getting paid? Join the HorrorPack Affiliate Program!

Earn up to $7 for each new subscriber, paid out once a month via PayPal.

Earn $3 each for the first 4 sign ups of the month using your link

Get 5-9 people to sign up and you?ll earn $5 each new subscriber

Add 10 or more subscribers in a month and you?ll earn $7 each!

The more subscribers who use your link, the more you make!

To get started, fill out the Affiliate Agreement below, and we will get back to you shortly.

Enter your preferred Affiliate Code

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The affiliate URL that you give to your audience:

https://horrorpack.com/go/

Account Information

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Contact Information

First Name

Last Name

Shipping Address Line 1

Shipping Address Line 2

City

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Phone Number

(XXX) XXX-XXXX

Website Information

Please enter the name and URL of your website.

Website Name

Website URL

Payment Information

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Paypal Email Address

Affiliate Agreement

By completing and accepting the HorrorPack Affiliate Agreement, the parties agree to be bound by the terms and conditions of the HorrorPack Affiliate Program as follows:

RECITALS

?  The name of this affiliate program is the HorrorPack Affiliate Program (the ?Affiliate Program?).

?  The Recipient represents and warrants to the Owner that the Recipient has read, and does understand, and does agree to the terms set forth therein.

?  For purposes of this Agreement, the term ?the Recipient? refers to the individual or legal entity applying for acceptance into the Affiliate Program. The term ?the Owner? refers to Maku Pakku, LLC, a corporation organized and existing under the laws of the State of Georgia with its head office located at: 4213 N Park Dr, Tucker, GA 30084

?  The term ?the Owner?s web site? refers to the web site that the Owner maintains at WWW.HORRORPACK.COM. The term ?the Recipient?s web site? refers to the web site on which the Recipient agrees to place a link to the Owner?s web site as specified herein. ?Merchandise? means all products, goods, services and stock offered by the Owner for sale through its web site.

APPROVAL OR REJECTION OF AFFILIATE PROGRAM AGREEMENT

The Owner reserves the right to approve or reject ANY Affiliate Program agreement in its sole and absolute discretion. The Recipient will have no legal recourse against the Owner for the rejection of the Recipient Affiliate Program Agreement.

Without limiting the right to reject any agreement for any reason whatsoever in the Owner?s absolute discretion, the Recipient?s agreement will be rejected if it is incomplete, if the Recipient?s web site contains images or content that is not acceptable to Owner or is inconsistent with the image that the Owner wishes to create in association with its web site, or if the Recipient?s web site contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or if the Recipient?s site contains any material that appears to Owner to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party. The Recipient?s agreement may be rejected if the Recipient engages in any activity related to ?spamming? or selling, renting, publishing or otherwise disseminating sensitive and/or personal information related to any user, customer, client or any other party engaged by the Owner.

TERMINATION AFTER ACCEPTANCE

Even after the Owner has accepted the Recipient as an Affiliate Program member, the Owner reserves the absolute right to rescind or terminate the Recipient?s affiliate status for any reason in its sole and absolute discretion, including but not limited to the reasons set forth above.

FINANCIAL RESPONSIBILITIES

The Recipient will be fully responsible for all costs and expenses of maintaining and marketing the Affiliate Program, including but not limited to all costs associated with the creation, hosting, modification, and improvements to the Recipient?s web site, costs of search engine placement and other marketing, costs of inserting the Owner?s links into its web site, postage costs, and all other costs and expenses, and the Recipient hereby holds the Owner harmless from or against the same.

NO REPRESENTATIONS REGARDING INCOME POTENTIAL

The Owner makes no representations or warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from the Recipient?s affiliate status.

RESPONSIBILITY TO LINK TO THE OWNER?S SITE

?  As a Program Affiliate, the Recipient will have the obligations to place links on its site directing users to the Owner?s site. The Owner will make available to the Recipient button links, text links, and/or banner advertisements to be placed on the Recipient?s web site which will direct users to Owner?s web site. As a Program Affiliate, the Recipient is given a limited term license, during the term of the Recipient?s active participation as a Program Affiliate, to utilize the Owner?s logo images provided to the Recipient on the web site that the Recipient designates in the Recipient Affiliate Program agreement.

?  The Recipient will not modify the links or other materials that the Owner provided to the Recipient or the placement of the links on the Recipient?s page except upon specific approval and permission of the Owner. The Recipient consents to the Owner monitoring the Recipient?s web site to determine continued compliance with this Agreement.

?  The Recipient consents to the Owner including information relative to traffic from the Recipient?s site in the Owner?s reports. The Recipient acknowledges that this information may be provided to outside parties.

CUSTOMER SERVICE

?  The Owner will be responsible for handling all customer inquiries, product orders, customer billing and collection, product shipment relative to customers that enter the Owner?s site through the links from the Recipient?s site. Pricing of the Owner?s Merchandise is at the sole discretion of the Owner and the Owner reserves the right to change the pricing structure, add, terminate or adjust any special offers, discontinue products or services, or change the terms under which Merchandise is offered at any time, without any advanced notice to the Recipient or users accessing the Owner?s site. The Owner?s will be responsible to the Recipient in this regard for tracking customer orders that occur through links appearing on the Recipient?s web site and make reports to the Recipient of the commissions due to the Recipient as a result thereof. The Owner will have no obligation to provide the Recipient with any specific, sensitive or general information about any customer, regardless of whether the customer shall access the Owner?s site through the link from the Recipient?s site.

?  The Owner is not responsible for the failure to assign any sale or commissions to the Recipient if the failure to assign results from the improper formatting of the link from the Recipient?s web site. The Recipient shall assure that the link is appropriately formatted and shall report any formatting problems that the Recipient may have to the Owner immediately.

COMPENSATION

?  Commissions will be paid to the Recipient based upon the number of sales made to users who access the Owner?s site through the Recipient?s site. Commissions will not be calculated based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt write-off, or returned goods. The Owner reserves the right to deduct in subsequent months for any commission that the Owner has paid for a product that is subsequently returned or refunded, or for any other reason if the previous monthly commission was overpaid or later subject to reduction.

?  Any commissions are to be paid to the Recipient as set forth in Schedule A of this Agreement. The Owner reserves the right to change and amend the commission rate structure at any time, in the Owner?s sole discretion.

?  The Owner will pay commission only upon collection by the Owner. The Recipient has no right to commissions until the applicable customer has provided payment to the Owner. Only purchases that are made through the Owner?s online ordering process will count towards commission calculations.

?  Commissions will be paid to the Recipient on a monthly basis on or about the 1st of the subsequent month for amounts received by the Owner during the previous month. The Owner does not guarantee an exact date of calculation of commissions or payments. All payments will be made via company check sent to the address that the Recipient supplied in the Affiliate Program agreement, or by PayPal to the PayPal account number provided by the Recipient in the Affiliate Program agreement. The Owner does not send payment if the total commission due to the Recipient is not at least $20.00 USD. Amounts below $20.00 USD will accrue and payment will be made for the month when the Recipient?s total commissions achieve the minimum amount of $20.00 USD. The Owner reserves the right to amend the minimum commission payment amount at any time.

CUSTOMERS? PROVENANCE

All parties who make purchases through the Owner?s web site, regardless of whether they may have reached its web site through the link from the Recipient?s web site, are deemed to be the Owner?s customers and not the Recipient?s customers relative to the Owner?s products and services. The Owner will have the right to contact these customers and send future marketing offers to them. The Recipient will have no right to commissions on subsequent purchases that may be made by these customers, except for subsequent purchases that may be traced at the time of purchase through a link from the Recipient?s web site. All such customers and purchases will be subject to the Owner?s policies, procedures, rules and regulations and the Recipient has no right or authority to amend or offer any different offers relative to the purchase of products from the Owner?s web site. The Owner reserves the right to amend any of its terms, conditions, policies, procedures, pricing, payment policies, collection policies, and all other items relative to the Owner?s business and sale of products at any time in its sole discretion.

TRADEMARKS AND COPYRIGHTS

?  The Recipient will only use such items in the form, size, content, and appearance that the Owner provided them to the Recipient. The Recipient is not permitted to modify them. The Recipient agrees to display these items prominently on its web site. These items may only be used in if they contain a hypertext link to the Owner?s web site. This license shall immediately terminate upon the termination from the Affiliate Program. The Owner may also terminate this license upon notice to the Recipient in the event that the Recipient?s use of these items is contrary to or does not conform to the Owner?s standards. The Recipient agrees that the Owner retains all right, title and interest in and to all such materials. The Owner will retain all tangible and other value associated with any of these materials. The Recipient will not gain any trademark, copyright or other proprietary rights to such materials. The Recipient agrees not to take any action that is contrary to or inconsistent with the Owner?s rights to these materials. The Recipient will not use these materials in any way that is damaging, defamatory, disparaging, derogatory, or negative to the Owner or that paints the Owner in a false or negative light. The Owner may revoke the limited license granted hereunder at any time in writing to the Recipient. Upon termination or revocation, the Recipient will immediately cease from any use this material.

?  The Recipient is not permitted to use any other proprietary materials, including but not limited to trademarks, copyrights, logos, text, and any other materials that belong to the Owner or to any other party and which may appear on the Owner?s web site.

?  The Recipient grants to the Owner a non-exclusive right and license to use the Recipient?s trademarks, trade names, service marks, business names, web page titles, slogans, logos, and copyrighted materials for the purposes of promoting, advertising, announcing, or marketing the Recipient?s participation in the HorrorPack Affiliate Program. The Recipient represents and warrants to the Owner that no other party has any rights in and to any of these materials and that the use of these materials do not infringe upon or otherwise interfere with the rights of any other party. The Recipient represents and warrants to have the right, power, and authority to license said materials to the Owner as set forth in this Agreement, and that the Recipient is not under any legal or contractually limitation on the right to license these materials. The Owner has no obligation to announce, advertise, market, or promote the Recipient?s participation in the Affiliate Program, but reserves the right to do the same at its sole discretion.

PRODUCT AVAILABILITY

The Owner cannot and does not guarantee product availability or the term of any price, or any special promotion, offer or discount.

RESPONSIBILITIES

The Recipient is responsible for all matters pertaining to the Recipient?s web site including its development, maintenance, operation and placing links on the Recipient?s site in compliance with the terms of the Affiliate Program. The Recipient is completely responsible for all items that appear on its site and for assuring that such items do not infringe upon or violate the rights of any other party. The Owner is not responsible for any matter pertaining to the Recipient?s site or the content thereof and the Recipient holds the Owner harmless and indemnifies the Owner from any and all claims, suits, threats, demands, liabilities, actions, causes of action related in any way to the Recipient?s web site and business. Such indemnity includes the Owner costs and attorney fees in defending any such matter. The Recipient represents and warrants to the Owner that its site does not and will not contain any materials that are illegal and that the Recipient?s site is not operated for an illegal purpose or in an illegal manner.

The Recipient hereby represents and warrants to the Owner to have the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable agreement. The entry into this Agreement has been duly and validly authorized by all necessary corporate or other organizational actions and approvals. The Recipient hereby represents and warrants that its entry into this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule or regulations, and is not in violation of any court or administrative order.

TERM

The effectiveness of this Agreement shall not commence until the Recipient?s Affiliate Program agreement is accepted by the Owner. The effectiveness hereof and binding effect shall occur upon the Owner?s acceptance of the Recipient Affiliate Program agreement. This Agreement shall remain in full force and effect until terminated by the Recipient or by the Owner. Either the Owner or the Recipient may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination in compliance with this Agreement. Notices shall be sent via Email to the Recipient at the Email address indicated in the Recipient?s Affiliate Program agreement. Any and all notices to the Recipient via Email at such address shall be deemed to be effective notice to the Recipient for all purposes.

TERMINATION

The Recipient will forfeit all right to receive commissions that may have accrued to the Recipient if this Agreement is terminated as a result of the Recipient?s failure to comply with the terms of this Agreement or any policies and procedures of Affiliate Program that may be established and amended by the Owner in its sole discretion. If this Agreement is terminated for any other reason, the Recipient will have a right to receive its accrued commissions through the effective date of termination; provided, that if the Recipient?s total commissions due hereunder do not total AT LEAST $20.00 USD, such accrued commission shall be forfeited. The Owner has the right to withhold final commission payments for sufficient time in order to assure that the amount paid to the Recipient is accurate and not subject to later adjustment for returns or any other reason. If the Owner determines that the amount of commissions that the Recipient were paid was too high, as a result of subsequent returns or any other adjustment or reason, the differential shall be a debt from the Recipient to the Owner and the Owner shall have all legal right to receive a refund of such overpaid commission from the Recipient.

MODIFICATIONS

The Owner reserves the right in its sole and absolute discretion, to modify any terms and conditions of the Affiliate Program and the terms and conditions of this Agreement upon notice to the Recipient. Notice of any changes may be given via Email to the Recipient or by posting such changes in the Affiliate Program sections of the Owner?s web site. Such changes and modifications will take effect upon transmission of Email or posting on the Owner?s web site. The Recipient may terminate participation in the Affiliate Program in the event that any of these modifications are unacceptable to the Recipient and such termination shall be the Recipient?s sole and exclusive remedy. In the event that the Recipient continues to participate in the Affiliate Program following such modifications, the Recipient?s continued participation shall be construed as an acceptance of any and all such changes.

LIABILITIES

?  THE OWNER HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO BE ABLE TO ACCESS ITS WEB SITE OR TO ACCESS ITS WEB SITE USING THE LINK FROM THE RECIPIENT?S WEB SITE. FURTHERMORE, THE OWNER SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO ITS WEB SITE, THE AFFILIATE PROGRAM, THE RECIPIENT PARTICIPATION IN THE AFFILIATE PROGRAM, THE RECIPIENT ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE PROFIT THROUGH PARTICIPATION IN THIS AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY, NON-INFRINGEMENT, OR ANY CLAIM MADE BASED UPON THE OWNER?S COURSE OF DEALING OR USAGE OF TRADE. THE OWNER DOES NOT REPRESENT OR WARRANT THAT ITS WEB SITE OR ANY agreement, INCLUDING BUT NOT LIMITED TO ITS LINK TRACKING FEATURES, WILL BE ERROR FREE OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION.

?  THE OWNER SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LIABILITIES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, LOSS PROFITS, LOST BUSINESS OPPORTUNITY OR ANY OTHER DAMAGES; REGARDLESS OF WHETHER THE OWNER WAS OR HAD BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND WHETHER THE OWNER TOOK ANY ACTION TO PREVENT THE SAME.

?  Without limiting the forgoing, the Owner?s total liability for any damages arising hereunder shall never exceed the total commissions paid and payable by the Owner pursuant to the terms hereof.

CONFIDENTIALITY

In the event that any information is disclosed to the Recipient through the Recipient?s participation in the Affiliate Program, the Recipient agrees to hold such information in strict and total confidence and not to disclose such information to any other party or to use any such information for the Recipient?s own purposes. Confidential information shall include any and all information related to the Owner?s business, business plans, marketing plans, user statistics, financial information, pricing, profits, membership information, affiliations, sales information, and all other information which the Owner considers to be confidential and proprietary.

INDEMNIFICATION

The Recipient hereby indemnifies and holds the Owner, and all of the Owner?s stockholders, officers, directors, employees, contractors, affiliates, agents, and successors harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that the Owner may incur and which are based in whole or in part upon the Recipient?s participation in the Affiliate Program, any claims that any of the Recipient?s trademarks and other proprietary material infringe upon the rights of any other party, the Recipient?s breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Affiliate Program, or any claim related directly or indirectly to the Recipient?s use, operation or the content of the Recipient?s web site.

GOVERNING LAW

This Agreement shall be interpreted under the laws of the State of Georgia. Any and all legal actions relative hereto shall be in the courts of Georgia.

RELATIONSHIP OF THE PARTIES

The parties hereto are independent contractors and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint venturers, shareholders, employer/employee, agent or servant. The Recipient has no power or authority to bind the Owner to any obligation, agreement, debt or liability. The Recipient shall not hold itself out as an agent, servant or representative of the Owner.

NOTICES

Notices to the Owner shall be by Email to the address provided by the Owner, or by certified mail to the Owner?s address provided in this Agreement, or such other address that the Owner may provide to the Recipient via Email. Notices to the Recipient shall be by Email addressed to the Email address that the Recipient provided to the Owner in the approved Affiliate Program agreement. It shall be the Recipient?s responsibility to check said Email address periodically to monitor all notices sent thereto by the Owner.

ASSIGNMENT

This Agreement is only for the benefit of the party that the Recipient lists in the Affiliate Program agreement. The Recipient shall not have any right to assign this Agreement or any benefit, liability or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.

ENTIRE AGREEMENT

This document sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all prior discussions, understandings, agreements, representations, warranties or covenants between the parties related to the subject matter hereof. This Agreement may only be amended in writing, and any amendment must be signed by the authorized representative of each of the parties, except as otherwise set forth herein. Any waiver of a breach or default under this Agreement shall not constitute a waiver of any subsequent, previous or concurrent breach or default and shall not serve to modify the terms or provisions set forth herein.

If any provision or term of this Agreement is held to be invalid for any reason, it shall not diminish or affect the enforceability of the remainder of this Agreement or any other term, provision or condition of this Agreement.

SCHEDULE A
COMMISSION PAYMENT STRUCTURE

When available, the Recipient may choose to receive Commission payments in the form of a PayPal payment to the PayPal account provided by the Recipient.

Alternately, the Recipient may choose to receive Commission payments in the form of a check mailed to the physical address provided by the Recipient. For the purpose of Commission payments, ?purchase? shall refer to new user subscriptions to the HorrorPack service.

Commission payments shall accrue in the following amounts:

?  If the Recipient?s participation results in 1 ? 4 new user purchases in 30 days, Recipient shall earn a Commission of $3.00 USD per purchase.

?  If the Recipient?s participation results in 5 ? 9 new user purchases in 30 days, Recipient shall earn a Commission of $5.00 USD per purchase.

?  If the Recipient?s participation results in 10 or more new user purchases in 30 days, Recipient shall earn a Commission of $7.00 USD per purchase.

Check here to indicate that you agree to the terms of the Affiliate Agreement.