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AFFILIATE TERMS OF USE POLICY

Effective July 1st, 2019

King’s Framing & Art Gallery is a service that sends and track email promotions for the commercial purposes of its members and our store. The King’s Framing & Art Gallery service (collectively, "King’s Framing & Art Gallery" or "the Service") is operated by King’s Framing & Art Gallery, (collectively, "us", "we" or "the Company"). This service may not be used for the sending of unsolicited email ("spam"). See our Permissions and Privacy Policy or contact our [email protected] The following are the terms and conditions for use of the Services. By checking the "I agree to King’s Framing & Art Gallery's Terms of Use statement" box on any of the signup pages or by using the site, you accept these terms and conditions.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice.

PERMITTED PURPOSES

To enable the parties to enter into contractual or other arrangements regarding the provision and distribution of commercial services and as a result of such contractual or other arrangements, Confidential Information will be disclosed and/or developed by one or both parties. In order to protect the parties against disclosure or misuse of Confidential Information it is understood and agreed that the party in possession of Confidential Information pertaining to the other party shall exclusively make use of that Confidential Information subject to the following:

Exploitative Use

You may not use King’s Framing & Art Gallery to send email or collect members/clients email addresses, campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, pyramid schemes, chain letters, multi-level marketing campaigns, affiliate and network marketing materials, or any other content we deem inappropriate.

Unfortunately, some industries yield higher-than-normal abuse rates, which can negatively affect the deliverability for other King’s Framing & Art Gallery users. In order to maintain the highest possible delivery rates for all our users, King’s Framing & Art Gallery is unable to send on behalf of certain industries and senders. This includes, but is not limited to, the following:

  • Pharmaceutical products
  • Work from home, make money on online, and lead generation opportunities
  • Online trading, day trading tips, or stock market-related content
  • Gambling services, products, or tips
  • Multi-level marketing (MLM)
  • Affiliate marketing
  • Credit repair and get out of debt opportunities
  • Mortgage and loan content
  • Nutritional, herbal, and vitamin supplements
  • List brokers or list rental services
  • Counterfeit or "knock off" products appearing to be another brand

It is the responsibility of the sender to ensure that their content falls within these guidelines. King’s Framing & Art Gallery may monitor your account to ensure compliance with these terms and operation within the acceptable standards of the industry and of the email providers you are sending to. You may not exploit King’s Framing & Art Gallery's service agreement by systematically uploading, sending, deleting, and then replacing contacts in order to send to more unique email addresses than you're permitted for your service level. If exploitation occurs, King’s Framing & Art Gallery reserves the right to terminate that individual member business, blog community and non-for-profit associates. King’s Framing & Art Gallery investigates all reports of exploitative use and encourages anyone with information regarding misuse of a King’s Framing & Art Gallery account to notify our support team.

Services

The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 21. If you do not qualify, please do not use the Services.

“Person” does not include any individual, corporation, partnership, firms, joint venture, syndicate, association and trust.

The Affiliate Services enabled from King’s Framing & Art Gallery ecommerce web sites are restricted to the affiliates program partnerships.

Becoming an Affiliate

If you are interested in getting involved in affiliate programs, the first thing you have to do is decide whether you want to become an affiliate. If you run a small content site as a hobby and would simply like to bring in a little money to cover production costs, joining as an affiliate would be a good option.

Becoming an affiliate is relatively easy. Go to our affiliate program and fill out an online application to become a member. The application will ask for some personal information (name, address, and payment?) and information on your site (URL, name, and description of content) and will have you agree to a service agreement. Our affiliate partnerships are completely free for affiliates.

If King’s Framing & Art Gallery approves your application, you can begin. If we approve your application, the affiliate network team will help you through the process of posting the appropriate links, which come directly from King’s Framing & Art Gallery website. We will also establish payment arrangements with you. Retrieving a commission payment, a total money owed you has to reach a certain amount. After you have set all this up and the affiliate network has explained its system to you, you can get back to work on your Website's content and wait for your money to come in.

You must complete the registration form on any of the "signup" pages in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address and password for your King’s Framing & Art Gallery account. You are responsible for maintaining the security of your account, passwords, and files; and for all uses of your account and of the Services in your name. King’s Framing & Art Gallery reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

It is understood that King’s Framing & Art Gallery makes no guarantee that HTML messages will be rendered properly on all recipients' email programs, due to the wide variety of HTML generation tools available. King’s Framing & Art Gallery makes every attempt to make sure that all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms. For example, if you use Microsoft Word to generate HTML email messages, it is expected that recipients of your message using a non-Microsoft email application may have difficulty reading your message. For best results King’s Framing & Art Gallery recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.

You acknowledge and agree that the Services and the King’s Framing & Art Gallery company names and logos and all related product and service names, design marks and slogans, are the property of King’s Framing & Art Gallery or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of King’s Framing & Art Gallery. Your use of the Services confers no title or ownership in the Service. All ownership rights remain in King’s Framing & Art Gallery or its third-party suppliers, as the case may be.

You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless King’s Framing & Art Gallery against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although King’s Framing & Art Gallery has an obligation to monitor the content provided by you or your use of the Services, King’s Framing & Art Gallery may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Canadian federal, provinces or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.

In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to King’s Framing & Art Gallery. King’s Framing & Art Gallery may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.

King’s Framing & Art Gallery will not use any of your subscriber lists or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, King’s Framing & Art Gallery will not use your customer information for the purpose of sending unsolicited third-party commercial email. King’s Framing & Art Gallery reserves the right to allow us to Email subscribers keeping them and you informed about new products, incredible offers, special events and other news.

You will adopt and maintain the Permissions and Privacy Policy, which may be modified by King’s Framing & Art Gallery from time to time.

Termination

Either party may terminate the Affiliate Program at any time, with or without cause, in accordance with the termination provisions in the Affiliates Program Agreement.

You may terminate this Agreement at any time by the unsubscribe option, or sending an email message to [email protected] or by sending written notice to King’s Framing & Art Gallery, 188 Voyer Rd, Corbeil, ON. CA, P0H 1K0. Correspondence must include your first name, last name, and King’s Framing & Art Gallery username and affiliate assigned code number.

King’s Framing & Art Gallery may terminate this Agreement or the Services at any time with or without cause, and with or without notice. King’s Framing & Art Gallery shall have no liability to you or any third party because of such termination. If King’s Framing & Art Gallery terminates this agreement because of Exploitative Use or violations of the Permissions and Privacy Policy.

Upon termination, you will promptly seize using and remove or destroy all of King’s Marks and any other materials provided or made available on behalf of King’s Framing & Art Gallery to you under this Affiliate Policy.

King’s Framing & Art Gallery may delete any of your archived data immediately at the time of or following termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

AFFILIATE SETUP:

King’s Framing & Art Gallery will help you set up an affiliate program. You'll have to fill out an application describing the nature of your business and your Web site. You'll also have to agree to the terms of the affiliate network. The affiliate network will help you set everything up, keep track of all the activity in your affiliate program account, issue your affiliate code, checks and distribute our links, banners, and flyers to promote King's Framing & Art Gallery

An affiliate can link to a merchant site in a number of ways. Common types of links include:

Text links: The advantage of text links in an affiliate program is they are ingrained in the content of your site and so don't look so much like advertisements. This is the most natural way to link to the merchant site.

Banner links: These links appear as boxes, usually containing words and some sort of graphic element. They may be the best choice when you think a text link doesn't do enough to attract visitors.

Search box: This type of link allows visitors to search an online database on our site. The results of the search are links to other pages on the site.

There are several ways affiliate programs use these links:

Home page links: This is a straight-forward link to the merchant's home page. If an affiliate wants to introduce visitors to the merchant site in general, this is the best way to link.

Product-specific links: If an affiliate Web site needs to sell only a specific product, they can link to that product's page on our Website. This makes things easier for the customer and simplifies the affiliate program process.

Landing pages: If an affiliate Website wants to expose visitors to a variety of products, they can link to our online Landing page. The Landing pages are maintained by the merchant Website. King’s framing & Art Gallery can change what products are on display, but it keeps the URL the same so that the affiliate doesn't have to change any coding. King’ also maintain landing pages the affiliate can customize, so that they display the most relevant products?

Registration: An affiliate can link directly to a registration form on King’s Framing & Art Gallery website. If a visitor, you would have to register to use the King’s Framing & Art Gallery Website, this link is a good time-saver.

Affiliate Program Technology

So how do King’s know when a visitor clicks from an affiliate to the affiliate’s site? In most cases, the answer is that the visitor doesn't actually go directly to the merchant site, but instead to a page on the affiliate network site. The URL for the page contains several pieces of information, including:

an identification number for the affiliate

an identification number for the merchant

the URL of the merchant site

When you click on the link, the network site records a hit on that particular URL, which tells them what affiliate sent a visitor to that merchant. It then immediately sends the visitor to the actual merchant site. This happens so quickly that you never see any hint of the network in your browser window. But if you move your pointer over a merchant link on an affiliate site you will notice that the first part of the URL your browser displays is for the network site and not for the merchant.

The network tracks sales using Internet cookies containing these same identification numbers, so they know what affiliate referred the customer to the merchant.

Successful Affiliate Programs

King’s Framing & Art Gallery affiliate program is so successful because it effectively links commerce and content and takes advantage of the respective strengths of https://kingsframingandartgallery.com and its affiliates.

Selling products online takes a lot of time and money. For a site that doesn't want to spend its resources selling products but knows its audience would be interested in them, kingsframingandartgallery.com affiliate program offers an attractive arrangement. Effectively, the Affiliate Website gets to make money selling products but doesn't have to deal with any of the work involved in the process. All the affiliate has to do is pick the products they wish to promote or recommend and incorporate the links unto their Website.

Successful Affiliate Programs

King’s Framing & Art Gallery affiliate program is so successful because it effectively links commerce and content and takes advantage of the respective strengths of King’s Framing & Art Gallery and its affiliates.

Application Review Process

We look for affiliates who enhance value for King’s customers. If you’re a passionate reviewer, stylist, content creator or curator who would like to refer your audience to products on King’s website, you may be the right fit.

After you sign up, our team will check your application once you’ve driven qualified sales (we require at least three within the first 30 days). Please note that personal orders do not qualify. In our review, we check all of the Sites you’ve provided (websites, mobile apps, and social network pages) to ensure that they meet the expectation of our customer. All Sites must have robust original content (even when advertising is removed). The general guideline is at least 7 to 12 posts, and some content that has been updated within the last month. Your Site must be live and open to the general public and no Sites that require payment or membership to access. Unsuitable Sites cannot participate under any circumstance.

This is the criteria for the affiliates program. Please review these carefully before your submission, as we will reject applications if they do not meet these standards. 

Websites

Content on your website must be recent (generally within the last 30 days). You must own your website.

Mobile Apps

Your app must comply with our Mobile Application Policy requirements.

Social Networks

We currently only accept the following social networks: Facebook (including open group pages and fan pages), Instagram, Twitter, YouTube. Your application must clearly list your account or group (do not list the social network URL only).

Your social network account or group must be established, with a substantive number of organic followers and likes (minimum of 300). It must be publicly available.

Note: You are responsible to keep your Site list updated, so that we are reviewing the right traffic sources. Please inform us of any updates.

Valuable Recaps

Please keep in mind that under the Affiliate Program, you cannot offer any person or entity any consideration, reward, or incentive for using your links, or request support through use of your links (for example, by referring to proceeds from orders going to a particular charity or organization, or promoting use of your links to support you or your company).

Affiliates Program Mobile Application Policy:

If your Site includes a software application designed and intended for use on mobile phones, tablets, or other handheld devices (a “Mobile Application”), your Mobile Application:

  1. must be available in either the Google Play, Apple,
  2. must be free to download and all King’s Framing & Art Gallery links must be accessible without paying for access,
  3. must have original content,
  4. must not emulate King’s Framing & Art Gallery own shopping app functionality, and
  5. must not host or render King’s Framing & Art Gallery web pages in Web Views.

We will evaluate your application and notify you of its acceptance or rejection. A Mobile Application that is accepted will be an “Approved Mobile Application” for purposes of the Agreement.

Affiliates Program Trademark Guidelines:

These Guidelines apply to the use of King’s Framing & Art Gallery trademarks, we may make available to you as part of the Affiliate Program Content (“King’s Framing & Art Gallery Marks”). Strict compliance with these Guidelines is required at all times, and any use of the King’s Marks in violation of these Guidelines will automatically terminate any license related to your use of the King’s Framing & Art Gallery Marks.

YOU ARE ALLOWED TO USE THE KING’S FRAMING & ART GALLERY MARKS ONLY BY DISPLAY ON YOUR SITE WITH THE PURPOSE OF ADVERTISING AVAILABILITY OF PRODUCTS ON KING’S SITE, WITH A CORRESPONDING SPECIAL LINK TO OUR WEBSITE.

Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. KING’ FRAMING & ART GALLERY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND KING’ FRAMING & ART GALLERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or non-performance of the Services shall be for King’ Framing & Art Gallery to use commercially reasonable efforts to adjust or repair the Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL KING’S FRAMING & ART GALLERY OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS " KING’S FRAMING & ART GALLERY") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF KING’S FRAMING & ART GALLERY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, KING’S FRAMING & ART GALLERY IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF KING’S FRAMING & ART GALLERY TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Export of Services or Technical Data

You may not remove or export from Canada or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of Canada or any other applicable country.

Miscellaneous

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

King’s Framing & Art Gallery and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind King’s Framing & Art Gallery in any respect whatsoever.

In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

The Agreement shall be governed by the Canadian Enforcement Agencies laws of the Canadian Radio-television and Telecommunications Commission (CRTC), Competition Bureau (Competition Bureau), Office of the Privacy Commissioner of Canada (Office of the Privacy Commissioner of Canada), without regard to its choice or law or conflict of law’s provisions. All legal actions in connection with the Agreement shall be brought in the Department of Justice Canada 284 Wellington Street Ottawa, Ontario K1A 0H8

Telephone: 613-957-4222

Fax: 613-954-0811

Email: [email protected]

System Requirements

It is understood that in order to use King’s Framing & Art Gallery site, a Macintosh with Firefox 2 or higher, Safari 2 or higher, a Windows PC with Internet Explorer 6.0 or Firefox 2 or higher must be used. Additionally, a stable connection to the Internet is required. King’s Framing & Art Gallery may work in a limited manner on UNIX, and other platforms, but there is no guarantee of functionality on non-Windows platforms. Additionally, King’s Framing & Art Gallery may work in a limited manner on a non-Internet Explorer web browser (such as Netscape Navigator), but there is no guarantee of full functionality on web browsers other than the latest versions of Google, Firefox, Safari and Internet Explorer.

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Compliance rules for sending email

All King’s Framing & Art Gallery customers must follow the rules of the federal CAN-SPAM act and King’s Framing & Art Gallery's Permissions and Privacy Policy when sending email through the service. Accordingly, we require the following of email messages sent through the King’s Framing & Art Gallery service:

  1. All bulk emails must contain a one-click unsubscribe link. Transactional emails sent through King’s Framing & Art Gallery's Mailer API do not need an unsubscribe link, unless they're sent in bulk and/or are of a promotional nature. Notwithstanding, they need to comply with Can-Spam regulatory practices. King’s Framing & Art Gallery adds an unsubscribe link to every campaign that's sent through King’s Framing & Art Gallery.
  2. All emails must contain non-Internet contact information of the sender, such as our company's address, and our company's phone number. King’s Framing & Art Gallery adds this to the footer of every campaign.
  3. All emails or information sent from King’s Framing & Art Gallery (of the sender), cannot be used and redistributed from individual personal emails and deemed a federal offence to the CASL compliance law.

These guidelines will help ensure that King’s Framing & Art Gallery maintains its reputation and white-listing status with a number of major ISPs and whitelisting programs. If at any time your campaign is flagged as SPAM by an AOL recipient, King’s Framing & Art Gallery reserves the right to cancel your account without notice.

Email and Permission Practices

With the exception of transactional emails via King’s Framing & Art Gallery's Mailer API, every email message sent in connection with the Services contains an "unsubscribe" link that allows subscribers to remove themselves instantly from the mailing list. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.

You agree to import access or otherwise use only permission-based lists (note: shared or purchased lists may not be used; please contact King’s Framing & Art Gallery if you have questions).

You cannot mail to distribution lists, newsgroups, or spam email addresses.

We are responsible for monitoring, correcting, processing unsubscribed requests within 10 days, and updating the email addresses to which messages are sent through your King’s Framing & Art Gallery account.

Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, King’s Framing & Art Gallery cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. King’s Framing & Art Gallery, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.

King’s Framing & Art Gallery, at its own discretion, may immediately disable your access without refund to the Services if King’s Framing & Art Gallery believes in its sole discretion that you have violated any of the email and permission practices listed above, or the King’s Framing & Art Gallery Anti-Spam Policy.

NON-WAIVER

Any failure by either party to enforce the other’s strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement. Similarly, no failure or delay in the performance of any obligation hereunder shall absolve the parties from the continued requirement to abide by all obligations resulting from this Agreement.

 

Sincerely,

Bob & Lise King

Owner/Manager

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