Affiliate marketing is a valuable channel of Tortuga’s overall marketing strategy. It is important for us to maintain open communication and positive relationships with our affiliates. This Agreement is written with you in mind as well as to protect Tortuga. If you have any questions, email our Affiliate Manager at email@example.com.Angela Rollins
By submitting your application to the Tortuga Affiliate Program, you are agreeing that you have read and understand the terms and conditions of this Agreement and will be responsible for maintaining compliance with this Agreement.
The purpose of this agreement is to allow affiliate linking between your website and the Tortuga website. “We,” “us,” and “our” refer to Tortuga Backpacks, LLC, and “you,” “your,” and “yours” refer to the affiliate.
1. Approval/Rejection of Application1.1. We reserve the right to approve or reject any application for any reason. Approval of an application is based on several factors including but not limited to: site demographics, psychographics, traffic, Domain Authority, content, and appearance. Affiliate status may be re-evaluated at any time.
2. Affiliate Links2.1. As a member of the Tortuga Affiliate Program, you will have access to affiliate links through the AvantLink platform. In order for us to accurately track visits from your site to ours, you must use the affiliate links provided.
3. PPC & Paid Ads3.1. You may not bid on PPC campaigns for keywords such as tortugabackpacks.com, tortuga, www.tortugabackpacks, www.tortugabackpacks.com, packsmith, on your terms, setout, outbreaker, homebase, setout backpack, outbreaker backpack, homebase backpack, 45L setout, 35L setout, 45L outbreaker, 35L outbreaker, setout backpack men's, setout backpack women's, setout divide, setout divide backpack, setout daypack, setout packable daypack, setout packing cubes, setout duffle, setout duffle bag, setout laptop backpack, outbreaker daypack, outbreaker duffle, outbreaker wet/dry bag, outbreaker laptop backpack, homebase duffle, homebase duffle case, and/or any misspellings or similar alterations of these as well as any current or future Tortuga product names or collection names AND and their misspellings or alterations. If you do, you will be considered a trademark violator and will be banned from the Tortuga Affiliate Program. We reserve the right to expel any trademark violator from our affiliate program without prior notice and on the first occurence of violating this kind of PPC bidding behavior.
4. Merchant Rights & Obligations4.1. Tortuga is not responsible for your success in the program.
5. Commissions & Payment5.1. Tortuga’s affiliate program runs on a last-click model. Commission will be given to the affiliate whose link was last clicked before a customer placed their order within the tracking window.
6. Intellectual Property6.1. It is your responsibility to follow all relevant intellectual property and other laws that are applicable to your site. You must have express permission to use any person’s written content, an image, or any other copyrighted material.
7. Non-exclusivity7.1. This Agreement does not create an exclusive agreement between us. Tortuga has the right to recommend and work with similar parties and you have the right to recommend similar products and services of other parties.
8. Spamming & Misrepresentation8.1. Spamming is unacceptable and could cause damage to our name. Spamming includes the use of unsolicited commercial email, unwelcome posts to non-commercial sites, cross-posting to multiple non-commercial sites at once, or frequent, aggressive postings to third-party sites. You are welcome to post to non-commercial sites if that site specifically allows commercial postings so long as you clearly represent yourself and your website as independent from Tortuga.
9. Termination9.1. Either you or we reserve the right to end this Agreement at any time, with or without cause, and with no written notice further than cancelling our association within the AvantLink network. In addition, any breach of this Agreement by you will terminate this Agreement immediately.
10. Modification10.1. At our sole discretion, we may modify any of the terms and conditions in this Agreement as we see fit. You will be notified of any changes by email. If any modification is unacceptable to you, you may end this Agreement. Your continued participation in the Tortuga Affiliate Program following notification of the changes to will indicate your agreement to these changes.
11. Representations & Warranties11.1. You represent and warrant that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
12. Limitations of Liability12.1. Tortuga will not be liable for indirect, incidental, or consequential damages (including without limitation loss of revenue, goodwill, anticipated profits, or lost business) due to affiliate tracking failures, loss of database files, or any results of intents of harm to our Program or our website(s).
13. Indemnification13.1. You shall indemnify and hold harmless Tortuga and its affiliates and subsidiaries, and their directors, officers, employees, agents, shareholders, partners, members, successors and other owners, against any and all claims, actions, demands, liabilities, losses, damages, fines, claims,judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of any claims sustained in connection with this Agreement due to your negligence, misrepresentation, failure to disclose, or intentional misconduct.
14. Governing Law14.1. This Agreement shall be governed by and construed in accordance with the last of the United States and the State of California. Any dispute arising under or related to this Agreement in any way shall be adjudicated exclusively in the state courts located in Los Angeles, California.
15. Confidentiality15.1. Any confidential information, including but not limited to business, technical, financial, and customer information, disclosed by one party to the other during the negotiation or effective term of this Agreement will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written consent of the disclosing party. Confidential information includes any information disclosed in a private setting including but not limited to emails and phone calls and need not be marked as “confidential” to be treated as such.
16. Miscellaneous16.1. You agree that you are an independent contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Tortuga. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that would reasonably contradict anything in this section.
17. Electronic Signature17.1. This Agreement is a digital contract that sets out the legally binding terms of your participation in the Tortuga Affiliate Program. By completing the Tortuga application process, you indicate your acceptance of this Agreement and all of the terms and conditions herein. This action creates an electronic signature and has the same legal force and effect as a handwritten signature.