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Terms of Use and Privacy Statement

AFFILIATE TERMS OF SERVICE
These Terms were last updated January, 2021.

AFFILIATE PROGRAM TERMS OF SERVICE

These Terms of Service are entered into by and between you, (“you”), the party submitting a registration to become an affiliate, and AWE Contracts Inc., a Canadian corporation, (“AWE Contracts”) and govern the terms of AWE Contracts’ affiliate program (the "Affiliate Program"). BY SUBMITTING A REGISTRATION FORM TO PARTICIPATE IN THE AFFILIATE PROGRAM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS WELL AS AWE CONTRACTS’ TERMS OF USE AND PRIVACY POLICY LOCATED ON AWE CONTRACTS’ WEBSITE. Your participation in the Affiliate Program is conditioned on your acceptance of these Terms of Service and all terms, conditions, and notices contained herein. Please read the Terms of Service carefully. If you do not want to agree to these Terms of Service, you must not participate in the Affiliate Program.

1. Eligibility for the Affiliate Program
To participate in the Affiliate Program, you must submit an Affiliate Registration form. AWE Contracts reserves the right, in its sole discretion, to accept or reject any application for membership in the Affiliate Program for any reason. Once approved, you will receive a welcome e-mail with your unique affiliate link and instructions on how to use your Affiliate dashboard. AWE Contracts will make available to you via the Affiliate Program dashboard the AWE Contracts logo and textual links to the AWE Contracts website and/or other creative materials (collectively, “Links”), which you may display on website owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, “Media”). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the AWE Contracts website.  
You are responsible to read the terms and conditions and privacy policy of any third-party platforms used to facilitate the Affiliate Program, such as but not limited to, PayPal and Affiliatly. 

2. Referrals
You will receive commission for Qualified Referrals to AWE Contracts. The percentage and structure of commission will be agreed upon in advance by the Parties in writing. "Qualified Referrals" mean customers referred by you to AWE Contracts who: (1) click on your unique tracking link and (2) successfully purchase an AWE Contracts template(s) or Contract Kit(s) or another AWE Contracts product. A Qualified Referral is not a computer-generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person.Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. AWE Contracts, in its sole discretion, will determine the classification of any referral as a “Self-Referral.”
Referrals made to current AWE Contracts customers will be considered “Current Customer Referrals" and referral commission and any earnings associated with Current Customer Referrals will begin accruing after the referral was made. You will not receive referral commission for a Current Customer Referral for any payments the customer made to AWE Contracts before the referral. AWE Contracts, in its sole discretion, will determine the classification of any referral as a “Current Customer Referral.”

3. Commissions
Commissions earned on referrals become payable 30 days after the referred customer becomes a Qualified Referral or as otherwise agreed upon in writing by you and the Affiliate Program Administrator. Commissions are paid out on the first Friday of each month. AWE Contracts will pay you any Commissions earned monthly, provided that your account is currently greater than $50. Accounts with a balance of less than $50 will roll over to the next month, and will continue to roll over monthly until $50 is reached.
If at any time a Qualified Referral files a payment dispute, any earned Affiliate commission on the disputed charge shall become frozen in your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in AWE Contracts’ favour, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Referral’s favour, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.
Commission payments will be paid in CDN Dollars and will be made via electronic payment platform PayPal, or as otherwise agreed upon by the parties in writing. You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and check cashing fees. 
In order to receive payments for earned commissions, you must provide your PayPal information in the AWE Contracts Affiliate dashboard. Please refer to the Affiliate Program User Guide that is sent upon joining the Affiliate Program. You are not an employee or partner of AWE Contracts, and you acknowledge that you are solely responsible for any and all tax obligations and liabilities, including, without limitation, income tax liabilities, that arise from or in any way relate to any commissions paid out to you by AWE Contracts.
AWE Contracts reserves the right to request documentation in order to approve your account. These requests may be made during the Affiliate Program registration process or at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded to in a timely manner, AWE Contracts reserves the right to terminate, deactivate, or not approve your account.

4. Marketing
You shall bear your own costs and expenses related to marketing and promoting AWE Contracts and/or the Affiliate Program. AWE Contracts is not obligated to reimburse or credit you for any marketing expenses. If AWE Contracts does reimburse you for any marketing expenses, such reimbursement shall not create a duty or obligation to reimburse any future marketing expenses.
You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:

  • Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, AWE Contracts, its employees or contractors, its customers, its products or services (as displayed on AWE Contracts’ Website), or its Affiliates.
  • Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of AWE Contracts’ products or services. Affiliates shall not copy AWE Contracts’ website or any portions thereof, including, without limitation, any of AWE Contracts’ trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without AWE Contracts’ prior express written consent or as outlined in these Terms of Service.
  • Affiliates shall not offer cash back, rewards or other incentives as part of their marketing efforts for the Affiliate Program. All coupons must be pre-approved in writing by AWE Contracts.
  • Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to AWE Contracts’ servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in AWE Contracts’ sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
  • Affiliates shall not use AWE Contracts’ trademarks or misspelled keywords in their domain names.
  • Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
  • Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of AWE Contracts, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
  • Affiliates shall not send any email in violation of Canada’s Anti-Spam Legislation.
  • Affiliates must include an address and unsubscribe information for any marketing email sent promoting AWE Contracts’ products or services.
  • Affiliates shall make clear that they, not AWE Contracts, are the sender of all marketing communications related to the promotion of AWE Contracts’ products or services.
  • Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
  • Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding AWE Contracts or AWE Contracts’ products or services without the express written consent of AWE Contracts.
  • Affiliates shall not use malware or spyware to market or promote AWE Contracts’ products or services.

5. Termination
This Agreement begins on the date of our approval of registration for the Affiliate Program and will continue until terminated according to the conditions set out in these Terms of Service.
AWE Contracts may, in its sole discretion, terminate your participation in the Affiliate Program at any time, with or without cause, and without warning or notice. Without limiting the foregoing, AWE Contracts reserves the right to terminate your account if it has been inactive for 12 consecutive months. AWE Contracts reserves the right to terminate your participation in the Affiliate Program and not pay the accrued balance if you have been deemed to breach AWE Contracts’ Terms of Use or these Terms of Service or engage in any conduct that AWE Contracts deems to be illegal, improper, unfair, or otherwise adverse or detrimental to AWE Contracts.
In AWE Contracts’ sole discretion, Affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.
You may terminate your participation in the Affiliate Program at any time with two (2) weeks written notice to AWE Contracts. You may discontinue your participation in the Affiliate Program by removing your affiliate links from your website and social platforms, no longer promoting them, and permanently deleting all copies of Links from your Media. For accounting purposes, AWE Contracts’ systems will retain your account and personal information. By terminating your participation in the Affiliate Program, you will be paid any commissions owing in your account and you will not receive any commissions which are earned after the date of termination.
Upon termination, all rights granted to you, including intellectual property rights, shall immediately terminate.

6. Relationship between you and AWE Contracts
Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and AWE Contracts.
Confidentiality
Except as otherwise provided in these Terms of Service or with the consent of AWE Contracts, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and affiliate lists, and pricing and sale 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. You agree not to use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with AWE Contracts or the Affiliate Program, or assist another party to do the same.

7. Non-Disparagement
During the term of these Terms of Service and for one (1) year after it has expired or been terminated, you agree that you will not disparage AWE Contracts, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect AWE Contracts’ reputation. Under these Terms of Service, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about AWE Contracts, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms of Service, the absence of which would have resulted in AWE Contracts refusing to enter into this agreement.

8. Intellectual Property
AWE Contracts Inc. owns the AWE Contracts trade name, brand and trademark, website and other intellectual property rights (registered and unregistered). AWE Contracts Inc. “Material” is defined as any intellectual property, legal materials, documents, contract templates, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by AWE Contracts or the website, including any portion thereof. AWE Contracts reserves all of its rights in the AWE Contracts Material. Nothing in these Terms of Service grants you a right or license to use any intellectual property rights owned or controlled by AWE Contracts or any other third party except as expressly provided in these Terms of Service.Limited LicenseYou are granted a non-exclusive, non-transferable, revocable license to use the AWE Contracts’ logo, Links and any other assets provided to you by the program administrator for the duration of the Affiliate Program, for the sole purpose of promoting your affiliate link and assisting in increasing the sales of AWE Contracts’ products and services. If you are unsure whether or not you may use any AWE Contracts Materials, please contact the program administrator for written consent at hello@awecontracts.com
License Restrictions
To the maximum extent allowable under applicable law, except as explicitly identified in these Terms of Service, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an internet website other than your own, or use in an automated system any AWE Contracts Material nor will you utilize AWE Contracts Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.You agree to only use AWE Contracts Material and the website as an Affiliate and/or customer.
The rights granted under these Terms are granted to you only.AWE Contracts retains the right to prohibit you and any affiliates from using its websites or AWE Contracts Material or AWE Contracts products and services at its discretion.

9. Assumption of Risk
You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, lawsuits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, AWE CONTRACTS, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE WEBSITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, AWE CONTRACTS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, AWE CONTRACTS SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, AWE CONTRACTS’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS YOU EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

10. Indemnification
You agree to indemnify, defend, and hold harmless AWE Contracts, its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the websites from and against all claims, losses, expenses, damages and costs, including reasonable lawyers’ fees, resulting from any violation of these Terms of Service by you or arising from or related to your use or misuse of the Affiliate Program.

11. Third Party Rights
The sections titled Limitation of Liability and Indemnification are solely for the benefit of AWE Contracts and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the websites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Service is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Service without AWE Contracts’ prior written consent.

12. Unlawful Activity; Termination of Access
AWE Contracts reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. AWE Contracts may discontinue your participation in the Affiliate Program at any time for any reason or no reason.Without limiting the foregoing, AWE Contracts has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS AWE CONTRACTS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

13. Remedies for Violations 
AWE Contracts reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.

14. Governing Law and Jurisdiction; Disputes and Mediation
These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario without regard to its principles of conflicts of laws. Any action arising out of or relating to these Terms of Service shall be filed only in the province or federal courts located in the city of Toronto in the Province of Ontario, Canada, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action. Where a conflict exists between AWE Contracts’ Terms of Use and these Terms of Service, these Terms of Service govern.
Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms of Service, any of AWE Contracts’ policies, or the Affiliate Program, in each case, whether in contract, tort, common or statutory law, equity or otherwise (collectively, a “Dispute”) that cannot first be resolved by negotiation, the parties agree to submit the Dispute for mediation prior to pursuing any other available remedy in relation to the Dispute. The parties may agree to virtual meditation, when available. Nothing in this section shall be deemed as preventing AWE Contracts from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.

15. Entire Agreement; Severability of Provisions; No Waiver
These Terms of Service constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the rest of the Agreement. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

16. Changes to the Terms of Service
AWE Contracts may review and update these Terms of Service at any time in our sole discretion and it is your responsibility to keep up to date of those changes. All changes are effective immediately when posted online. Your continued participation in the Affiliate Program following the posting of revised Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

17. Assignment
This agreement cannot be assigned.

18. All Rights Reserved
All rights not expressly set out and granted in these Terms of Service, the Terms of Use and/or our Privacy Policy are reserved by AWE Contracts Inc. 

19. Contact Us
If you have questions or concerns regarding these Terms of Service or the Affiliate Program, you may contact us at: hello@awecontracts.com