1. General
These Terms and Conditions (the “Affiliate Agreement“) govern the Affiliate Program that is made available by Mr. Fancy Pants LLC (“Mr. Fancy Pants LLC”, “we” or “us“). These Terms and Conditions represent the whole agreement and understanding between Mr. Fancy Pants LLC and the individual or entity who participates in the Affiliate Program (the “Affiliate“ or “you“).
Please read this agreement carefully as it represents a legally binding agreement between you and Mr. Fancy Pants LLC. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. Mr. Fancy Pants LLC may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Mr. Fancy Pants LLC believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
2. Referral Tracking
Mr. Fancy Pants LLC will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to Mr. Fancy Pants LLC. Mr. Fancy Pants LLC will track users who have visited these Referral Links using cookies which expire after 30 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Mr. Fancy Pants LLC is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
3. Affiliate Fees and Payouts
A referral will become eligible for payout (“Eligible Referral“) at the end of the next calendar month if it meets all of these criteria:
1) The referral makes a purchase via the referral link or coupon code.
2) The referral’s account has not had any of its payments refunded, charged back, or otherwise reversed.
Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.
The Affiliate is entitled to receive a one-time 5% payment of the referral’s total purchase for that visit Via a Mr. Fancy Pants Gift card in United States Dollars for each active Eligible Referral that is recorded in the Affiliate Dashboard (“Affiliate Fee“). Affiliate Fees will be payable only when the Affiliate has at least 1 Eligible Referral that is pending payout every 30 days.
All Affiliate Fee payments will be payable in Mr. Fancy Pants Gift Cards for the United States Dollar value only, except as otherwise determined by Mr. Fancy Pants LLC in its sole discretion.
Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months. The initial electronic gift card will be reloaded monthly with the qualifying payout amount.
In the event of any activity deemed suspicious by Mr. Fancy Pants LLC, Mr. Fancy Pants LLC may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. Mr. Fancy Pants LLC reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive, or otherwise illegal activity.
Referrals for purchases made through Mr. Fancy Pants LLC promotional or special offers are not eligible for payout.
For affiliates that earn $600 or more during the calendar year, January to December, a 1099 for contractor services will be required. Earnings will be reflected on 1099 that were paid out via gift card and delivered for tax purposes. An email will be sent to the affiliate to fill out the required information.
4. Advertisements
Mr. Fancy Pants LLC hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the Mr. Fancy Pants LLC logos for the sole purpose of promoting our products within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.
The Affiliate may only display advertisements that contain Mr. Fancy Pants LLC’s logos or service marks in good taste. The Affiliate may not use Mr. Fancy Pants LLC’s logos or service marks in a manner that, in Mr. Fancy Pants LLC’s sole discretion, portrays Mr. Fancy Pants LLC in a negative light.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
Mr. Fancy Pants LLC may, without prior notice, require the Affiliate to remove or modify any advertisements at Mr. Fancy Pants LLC’s sole discretion.
5. Termination
The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party written notice of termination.
Mr. Fancy Pants LLC reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that Mr. Fancy Pants LLC, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
6. Relationship of Parties
Mr. Fancy Pants LLC and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on Mr. Fancy Pants LLC’s behalf.
7. Limitation of Liability
The Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk. Mr. Fancy Pants LLC makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
Mr. Fancy Pants LLC is not responsible for any damages, injury, or economic loss arising from the use of the Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless Mr. Fancy Pants LLC, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs, and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.
8. Modification
Mr. Fancy Pants LLC may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting the modified Affiliate Agreement to this web address: https://mrfancypants.shop/affiliate-terms-conditions/ The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
9. Miscellaneous
The Affiliate warrants and represents that it is over the age of 19 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Mr. Fancy Pants LLC reserves the right to terminate the Affiliate’s participation in the Affiliate Program if Mr. Fancy Pants LLC determines, in its sole discretion, that the Affiliate’s actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between Mr. Fancy Pants LLC and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
The Affiliate acknowledges that Mr. Fancy Pants LLC does not give merchandise for free. At times, Mr. Fancy Pants may send items to the Affiliate to test and require input on the products sent.
Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of Hernando County Florida, in the United States of America.
Affiliate is aware that discount codes can be used for the first 12 weeks without restriction. At the end of 12 weeks, an affiliate may use an alternate affiliate’s code if an order is above $50 and is not using an assigned payout gift card.
Affiliate is not to use payouts to order stainless steel cups/tumblers/mugs/bottles, other gift cards, or epoxy.
