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Lawn Crack, LLC Affiliate Terms

Sign up to be a Lawn Crack affiliate:  Become a Lawn Crack, LLC affiliate

How to set up your affiliate account:  https://youtu.be/-4OPIuSyndk

Updated: 4/29/2018

In layman’s terms:

By choosing to be a part of Lawn Crack, LLC’s affiliate program you are able to collect commissions on sales made at https://lawncrack.com if the purchase was made using your affiliate link.

Commission rate: 5.2%

Maximum commission:  Unlimited

When are commissions paid? On the 1st of every month when an affiliate has earned commissions greater than $25.00.  If the commission balance is less than $25.00 at the end of any given month, that amount will roll over into the next month indefinitely.

How are commissions paid? Affiliates can be paid via check or PayPal.  Lawn Crack, LLC reserves the right to change the allowable payment methods at any time.

What are commissions based on?  The price paid for the product or service purchased from LawnCrack.com NOT including any taxes collected or shipping fees.

Cookie: 60 days

What does cookie mean?  This means if someone uses your link to arrive at LawnCrack.com, if they make a purchase from LawnCrack.com within the next 60 days, you will be credited for that sale unless they have clicked another affiliates link more recently than yours.

Commission priority:  If a purchase is made on LawnCrack.com by a visitor that used a referral link, the last referral link they clicked through on will get that commission.

TAX REPORTING: Per the IRS code Lawn Crack, LLC is obligated to send Form 1099-MISC to anyone who is paid more than $600 in a calendar year.  Once you reach $100 in commissions in any given year, Lawn Crack will email you a blank Form 1099-MISC for you to complete, sign, and return.  If your completed Form 1099-MISC is not returned within 30 days of being sent, your affiliate relationship with Lawn Crack, LLC will be terminated.  Any commissions due will be paid unless that payment would exceed $600.  In this case, your final payment would be forfeited.

Sign up to be a Lawn Crack affiliate:  Become a Lawn Crack, LLC affiliate

Technical Details:

Affiliate Marketing Terms and Conditions

Overview
This Agreement contains the complete terms and conditions that apply to Affiliate’s participation in the Lawn Crack, LLC affiliate program. (the “Program”). Carefully read these terms and conditions, which represent a legally binding agreement between Lawn Crack, LLC. (“we” or “Lawn Crack”) and you (“you” or “Affiliate”). As used in this Agreement, “Site” means, depending on the context, either www.Lawn Crack.com or the website owned or controlled by Affiliate, on which Affiliate will place Links (as defined below) to Lawn Crack.com.

  1. Enrollment in the Program
    Affiliate shall submit a completed Program application to begin the enrollment process. Lawn Crack will evaluate your application and notify you if the application is accepted or rejected. Lawn Crack may reject Affiliate’s application for any reason, in Lawn Crack’s sole discretion, including if Lawn Crack determines that Affiliate’s Site is unsuitable for the Program. Unsuitable sites include, without limitation, those that contain illegal, offensive, infringing content or content that Lawn Crack otherwise deems offensive. If Affiliate is accepted into the Program, Affiliate shall notify Lawn Crack in writing of any significant changes to the content or structure of Affiliate’s Site within ten (10) days of such change(s).
  2. Links
    For the purposes of this Agreement, “Link(s)” means the code that Lawn Crack makes available to Affiliate that is used for linking from your Site to web pages on LawnCrack.com, and may include banners, text, search boxes, buttons, or other graphics or devices. All Links used in the Program shall be served in your affiliate login area. Lawn Crack may, in its sole discretion, consider written requests to use other serving mechanisms, on a case by case basis. Affiliate shall not modify the Links in any way. Lawn Crack will not be responsible for errors that occur in the tracking of transactions if Affiliate has made or caused any such modification.
  3. General Links to LawnCrack.com
    Affiliate shall only post Links approved by Lawn Crack. Affiliate may also post on its Site links obtained directly from e-mails and quarterly newsletter received from Lawn Crack. Any deviations from the guidelines and treatment described in this Agreement must be approved in advance and in writing by Lawn Crack. Lawn Crack may at any time, without prior notice, remove the Links described above, require Affiliate to remove the Links, or dynamically replace the Lawn Crack creative or text with creative or text suitable to Lawn Crack in Lawn Crack’s sole discretion.
  4. E-mail Links
    Affiliate may use Links within e-mails that Affiliate sends to registered users of the Affiliate Site. Use of such Links is subject to all of the requirements and restrictions respecting Links generally as set forth in this Agreement. E-mails making reference to Lawn Crack, that include Links, or that concern any other aspect of the Program, may be sent only to individuals who have elected to receive such e-mails. “Spamming,” including the sending of unsolicited electronic communications, will not be tolerated and may lead to termination of this Agreement. You will not be entitled to any Referral Fees generated through Spamming tactics. Affiliate shall comply with any and all regulations, statutes and applicable laws of the United States or any other state, country or jurisdiction related to e-mail, and/or electronic communications. It is Affiliate’s responsibility to be aware of all such regulations, statutes and laws.
  5. Transaction Processing
    Lawn Crack will process transactions placed by customers who follow Links from Affiliate’s Site to the Lawn Crack Site. Lawn Crack reserves the right to reject transactions that do not comply with any reasonable requirements that Lawn Crack may periodically establish. Lawn Crack will be responsible for all aspects of transactions processing and fulfillment. Among other things, Lawn Crack will prepare order forms; process payments, cancellations, and handle customer service. Lawn Crack will track transactions made with customers who purchase products using Links and generate reports summarizing this sales activity which will be available to Affiliate through the dashboard sharing in the affiliate login area. The form, content, and frequency of the reports are limited to those reports and capabilities available through the affiliate software system Lawn Crack chooses to use. To permit accurate tracking, reporting, and fee accrual, Affiliate shall ensure that Links are properly formatted. Lawn Crack will not be responsible for improperly formatted Links.
  6. Qualified Transactions
    Lawn Crack will pay Referral Fees (as defined below) to Affiliate for tickets purchased in Qualified Transactions (as defined below). For the purposes of this Agreement, a “Qualified Transaction” means a transaction whereby a customer: (i) uses a Link to enter the Lawn Crack Site; (ii) purchases one or more Lawn Crack tickets using Lawn Crack’s automated purchase system; and (iii) remits full payment to Lawn Crack. If a customer initially visits the Lawn Crack Site using a Link, any transaction completed by that customer on the Lawn Crack Site within the return day period specified, whether or not via a Link, will count as a Qualified Transaction if it otherwise meets the requirements of this Section and the Agreement.

Lawn Crack does not accept responsibility for customers who may delete or otherwise not accept cookies used to track return visits to the Lawn Crack Site and cannot be held to honor Referral Fees for such untracked return visits. Lawn Crack will not pay Referral Fees for any items other tickets purchased in Qualified Transactions (as defined in this Agreement). This means that Lawn Crack will not pay you for transactions that, among other things, result from a link directly to LawnCrack.com from any Internet site other than your Site, such as from a Sponsored Link as set forth in Section 14 of this Agreement. This also means that you will not be entitled to Referral Fees for tickets sold that are ultimately returned or refunded.

  1. Referral Fees
    Referral Fees means the fees Lawn Crack will pay Affiliate based on the number of Qualified Transactions generated by the Affiliate Site, in accordance with the fee schedule set forth below.
  • Lawn Crack will pay Affiliate 5.2% per ticket purchased as part of a Qualified Transaction.
  • Referral fees will not be paid on taxes collected or shipping fees.
  1. Fee Payment
    Lawn Crack will pay Affiliate the Referral Fees on the 1st of each month following a qualified transaction. Lawn Crack disburses the Affiliate’s commission payments. Affiliate may track the number of Qualified Transactions and associate Referral Fees through the Affiliate Reporting interface. Lawn Crack does not make any guarantee of a minimum amount of business or that Affiliate will earn any amount of Referral Fees under this Agreement. *MINIMUM PAYOUT AMOUT: $25.00 *Once your commission balance reaches $25.00, your payment will be sent on the 1st of the following month.

 

  1. Policies and Pricing
    Customers who buy products through the Program will be deemed to be customers of Lawn Crack. Accordingly, all LawnCrack.com rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to such customers with respect to their transactions at LawnCrack.com. We may change our policies and operating procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, Affiliate may not display Lawn Crack price information on Affiliate’s Site. Lawn Crack will use commercially reasonable efforts to present current and accurate information, but cannot guarantee the availability or price of any particular event.
  2. Restriction on Client-Owned Events
    While Lawn Crack clients may enroll in the Program, they may not earn commissions on sales of tickets to their own events. Attempts to violate this policy constitute a breach of this Agreement and may subject the affiliate to termination.
  3. Promotion of Affiliation with Lawn Crack, LLC.
    Affiliate may not in any manner misrepresent or embellish the relationship between the parties. While Lawn Crack requests that Affiliate identify itself on its Site as a member of the Lawn Crack Affiliate Network, Affiliate shall not otherwise engage in any promotions which name Lawn Crack or imply any relationship or affiliation between the parties including, but not limited to, press releases, marketing materials, offline print advertising or marketing campaigns, media kits, screen shots, graphics altered for co-branding or any other format or media. Any such promotion will be considered grounds for immediate termination of this Agreement and may invoke further legal action.
  4. Limited License for the term of this Agreement
    Lawn Crack hereby grants to Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links and to access the Lawn Crack Site through the Links solely in accordance with the terms of this Agreement, and for the term of this Agreement.
  5. Ownership
    As between Affiliate and Lawn Crack, Lawn Crack shall own all right, title and interest, including all Intellectual Property Rights, in and to the Lawn Crack Site, the Program and the Links. For the purposes of this Agreement “Intellectual Property Rights” means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.
  6. Lawn Crack’s Marketing and Publicity
    Lawn Crack may publicly refer to you, orally or in writing, as an Affiliate and we may publish your name and/or logo (with or without a link to your Application) on our Website, in press releases, and in promotional materials without your prior consent.
  7. Responsibility for Affiliate’s Site
    Affiliate will be solely responsible for the development, operation, and maintenance of Affiliate’s Site and for all content that appears on such Site. Such responsibility includes, without limitation: (i) the technical operation of Affiliate’s Site and all related equipment; (ii) the accuracy, timeliness and appropriateness of content posted on Affiliate’s Site; (iii) ensuring that posted materials do not violate or infringe upon the rights of any third party; (iv) ensuring that posted content is not libelous or otherwise illegal. Affiliate shall not use any Lawn Crack proprietary materials in a manner that is disparaging or that otherwise portrays Lawn Crack in a negative light.
  8. Sponsored Links
    Affiliate shall not use, procure, bid on, or otherwise arrange for a Sponsored Link (defined below) on any Internet search engine, portal, sponsored advertising service or other search or referral service (a “Service”) which Sponsored Link uses or includes the terms “Lawn Crack,” “LawnCrack.com,” or any other trademarks, trade names, service marks, corporate names, or other similar general intellectual property right owned or licensed by Lawn Crack or any parent, subsidiary, or other affiliate of Lawn Crack.
  9. Indemnity
    Affiliate shall defend, indemnify and hold Lawn Crack harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys’ fees) relating to: (i) the development, operation, maintenance, and content of Affiliate’s Site; or (ii) breach of this Agreement.
  10. Term and Termination
    Affiliate’s acceptance of the terms and conditions of this Agreement shall be evidenced by Affiliate’s submission of a completed Program application, provided, however, that this Agreement shall not be effective unless and until Lawn Crack has accepted Affiliate into the Program. The term of this Agreement will begin upon Lawn Crack’s acceptance of Affiliate into the Program and will end when terminated by either party (the “Term”). Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice. Upon termination, Affiliate shall promptly remove all Links and Program-related content from Affiliate’s Site. Affiliate is only eligible to earn Referral Fees on Qualified Transactions occurring during the Term (including all steps required for a transaction to be a Qualified Transaction under this Agreement. In the event that an overpayment is made by Lawn Crack, Affiliate agrees to promptly remit such excess payment upon notification by Lawn Crack. Lawn Crack may withhold Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. The definitions contained in this Agreement and sections 12 through 21, shall survive the termination of this Agreement, along with any other provisions that by their express terms do, or by their nature should, survive.
  11. Modification
    Lawn Crack may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Lawn Crack Site. If any modification is unacceptable to Affiliate, Affiliate’s only recourse is to terminate this agreement. Affiliate’s continued participation in the Program following our posting of a change notice or new agreement on the Lawn Crack and/or sending you the change notice via e-mail will constitute binding acceptance of the change.
  12. Relationship of Parties
    The parties are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on our behalf. Affiliate will not make any statement, whether on the Affiliate Site or otherwise, that reasonably would contradict anything in this Section.
  1. Limitation of Liability
    LAWN CRACK SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY). LAWN CRACK’S TOTAL LIABILITY TO AFFILIATE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE AMOUNTS PAID BY LAWN CRACK TO AFFILIATE DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE FIRST REOCCURRENCE OF EVENTS GIVING RISE TO THE IMPOSITION OF LIABILITY UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS, SO THEY MAY NOT APPLY TO AFFILIATE.
  2. Disclaimers
    Lawn Crack makes no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, Lawn Crack makes no representation that the operation of the Lawn Crack Site will be uninterrupted or error-free, and we will not be liable for any such interruptions or errors.
  3. Independent Investigation
    Affiliate acknowledges that it has read this Agreement and agrees to all its terms and conditions. Affiliate understands that Lawn Crack may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with Affiliate’s site. Affiliate has independently evaluated the desirability of participating in the Program and is not relying on any representations or statements other than as set forth in this Agreement.
  4. Miscellaneous
    All rights not expressly granted herein by Lawn Crack to Affiliate are reserved by Lawn Crack. There are no implied rights.

Any notice provided for or permitted under this Agreement will be treated as having been given when (i) delivered personally, (ii) sent by confirmed telex or fax; (iii) sent by nationally recognized commercial overnight courier with written verification or receipt; or (iv) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address set forth on Affiliates applicable registration form, in the case of Affiliate, and the address set forth below for Lawn Crack. This provision shall not apply to Section 17, “Modifications.”

Lawn Crack, LLC
Attention: Affiliate Marketing
100 Aqua Way #519, Newport, KY 41071

Except as set forth in Section 17, “Modifications,” this Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of Lawn Crack. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

If any provision of this Agreement is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect.

This Agreement shall be governed by and construed under the laws of the State of New York, without regards to its conflict of laws principals.

Lawn Crack may assign this Agreement without restriction, provided that assignee agrees in writing to be bound by the terms of this Agreement. Affiliate may not assign this Agreement or any rights, duties, or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of Lawn Crack and any attempt to do so without such consent will be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

The titles and headings herein are for reference purposes only and shall not in any manner limit the construction of this Agreement, which shall be considered as a whole.

Except as may be otherwise specifically provided in this Agreement, this Agreement is not intended to and shall not confer upon any other person or business entity, other than the parties hereto, any rights or remedies with respect to the subject matter hereof.

This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreement, whether written or oral.

Sign up to be a Lawn Crack affiliate:  Become a Lawn Crack, LLC affiliate