Terms and Conditions

Terms & Conditions

Effective 03.01.2021

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://www.mysmokegear.com website (the “Service”) operated by MySmokeGear (“us”, “we”, or “our”).


Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.


By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

Accounts

 

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

Commission Payments

 

Effective 03/01/2021, the direct commission rate is set to 20% of gross sales (unless otherwise assigned) – revenue before sales tax and shipping charges. 
We may use any payment service that we choose to pay your commissions. Commission payments are initiated every Friday at 5PM Central Standard Time – their actual delivery time will be subject to change based on your bank and the payment services involved. We have no control over these delays, nor is there an implied availability date for any commission payments rendered.
Direct commission is assigned to the affiliate URL that generated the sale. We use a legacy assignment system that binds user accounts and their purchases to the originating affiliate URL. This binding is enduring until manually broken by the Company for any reason, or a new affiliate URL is used by the purchaser. This binding is subject to be revoked at any time by the Company, for any or no reason and without notice.
Upon deactivation of an affiliate, their linked affiliates will be reassigned to their direct upline, or to another affiliate as designated by the Company and at the discretion of the Company.

 

Affiliate URL Guidelines

 

Affiliate URL’s are generated upon registration. This URL is non-transferrable. By using an affiliate URL, you agree to and are bound by these Terms and Conditions. You also certify that you are at least 21 years of age and are not violating any international, federal, state, or local law. Any referrals associated with an affiliate URL in violation of this clause are forfeit with prejudice.

 

Affiliate Deactivation and Suspension

 

An affiliate URL can be deactivated at the request of an affiliate or as an action taken by the Company. Upon deactivation, the following steps occur:
Any outstanding commission referrals not paid out through the last commission payment generation date before this Agreement is nullified are paid as normal.
Any downline assets/affiliates are reassigned at the discretion of the Company.
The affiliate URL will be permanently deactivated, and any direct or upline commissions generated from it are forfeit after the final payout date.
If the deactivation is the result of the Company determining that fraud was present in the procurement or use of said affiliate URL- all unpaid commissions are forfeit, and any previously paid commissions before this finding are immediately due as payable to the Company by the affiliate. The Company may and will use any legal means necessary and allowed by law to collect this amount – and a determination of the total will be sent to the email address on file.
An investigation to determine whether fraud occurred may be undertaken by the Company at any time. The affiliate in question will be immediately notified through the email address on file, their affiliate URL will be suspended and their commissions generated during suspension will be reassigned at the discretion of the Company.
These investigations are confidential. The process and results will not be shared outside of the Company. A determination made by the Company is durable, binding, and final.
Fraud is defined as an intentionally deceptive action designed to provide the perpetrator with an unlawful or unfair gain or to deny a right to a victim.

 

Intellectual Property

 

The Service and its original content, features and functionality are and will remain the exclusive property of MySmokeGear and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by MySmokeGear.
MySmokeGear has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that MySmokeGear shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Termination

 

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimer

 

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

Governing Law

 

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.