Premium Affiliate Program
This Agreement represents the terms and conditions which apply to your participation in the Premium Affiliate Program of Custom Car Wraps (Pro and Customizer Pro memberships). For purposes of this Agreement, “you” and “your” refer to the affiliate applicant and “we” and “our” Custom Car Wraps.
Execution of the Agreement
By selecting the online acceptance of this Agreement, you represent this Agreement has been validly executed and delivered and constitutes a valid binding obligation against you. You also acknowledge you have read and understand the terms and conditions of this Agreement and agree to be bound by all its terms and conditions.
To start the enrollment process, you must submit a completed online application. To be eligible for enrollment, you must be a vehicle wrap fulfillment company or proprietorship with the capacity to design, print and install vehicle signage, partial or full wraps for cars, vans, trucks, boats and other moving vehicles. Should you not have all these capacities but have access to certain aspects of the vehicle wrap process through 3rd parties or through certain partnerships, you are still eligible for enrollment. Applications not completely filled out with contact name, company name, address, phone number, email address, website and description of your business will not be accepted. If your company does not have a website or you intend to refer clients to custom-car-wraps.com while your website is being constructed, please specify that in your application, as different instructions will be issued to you pending approval of your application.
Referral link button
Upon acceptance as a Premium Affiliate, you will receive a welcome email containing pertinent information regarding your account. In this welcome email you will receive a link to a widget for you to download and use on your website to send visitors to custom-car-wraps.com with the indication “design your own wrap”. Visitors to your site that click this button and create an on line design are not offered a choice of wrap shops in their area but simply get a “Thanks You” notice and the design mock up is send solely to you As a Premium Affiliate you also have access to custom-car-wraps graphics, banner and content to use on your website. Your welcome email provides instructions on how to access the Custom-Car-Wraps.com support center to update your contact information and more.
As a Pro or Customizer Pro Affiliate of Custom Car Wraps you will have a preferred listing in our extensive wrap shop database. Your preferred listing will be on top of the list once a customer has finished a design or is simply using the site for finding a local vehicle wrap shop in their area. Your listing will be highlighted on top and pre-selected for submission of the design mock up to your shop.
Nothing in this Agreement will create any employment relationship between you and Custom Car Wraps. Neither party will have the authority to enter into contracts, assume or create any liability or make agreements of any nature whatsoever for, in the name of, or on behalf of, the other party. Any person that follows the special link from your website to our website will be deemed to be a customer of you. Accordingly, you will be responsible for all aspects of order processing and fulfillment of our lead generation services. All your rules, prices, policies and operating procedures will apply to sales made as a result of this Agreement. You expressly reserve the right to add, delete or modify your services and prices at any time. You also expressly reserve the right to reject any order, in your sole discretion.
Designs and mock ups
As a participant in Custom Car Wraps Premium Affiliate Program, you will receive leads for vehicle wraps in the form of mock ups on specific car models as created by the potential customer. As a Premium Affiliate member, you fully understand that the design mock up(s) are not print ready files and are just ideas and images that are communicated to you by your potential customer to allow you to quote for the fulfillment of the vehicle wrap or signage. Custom Car Wraps is by no means responsible for the quality and applicability of the design and it is your responsibility to communicate with the customer the next steps of creating a detailed design for their specific vehicle and the creation of an actual print file prior to printing and installation of the vinyl wrap.
The term of this Agreement shall commence on the date we accept your application and received your Premium Affiliate payment for the duration period selected. Minimum periods of Premium Affiliate listing(s) are six (6) or twelve (12) Months. The term will automatically renew upon expiration of the 6 or 12 months. Either party may terminate this Agreement upon expiration of the term, with or without cause, by giving the other party written notice of termination.
Notwithstanding any other provisions of this paragraph, this Agreement shall terminate automatically in the event of either party’s bankruptcy, insolvency or assignment for the benefit of creditors, and either party may terminate this Agreement effective immediately upon notice to the other party in the event of the conviction of, or commission by, the other party or any principal, officer, shareholder, member, manager, employee, agent or any partner of the other party of any crime which may adversely affect the goodwill or reputation of either party. Additionally, we may terminate this Agreement effective immediately if you use Custom Car Wraps’ name, logo, or graphics or include a link to the Custom Car Wraps website in any form of unsolicited communication such as spam.
Your Rights as a Premium Affiliate
We grant you the non-exclusive, non-transferable right to maintain a link to the Custom Car Wraps website, solely in accordance with the terms of this Agreement, from which your website visitors can customize a vehicle wrap and requests related services. Additionally, we grant you a non-exclusive, non-transferable license to use our logos, trade names, trademarks and/or other identifying materials for the sole purpose of selling your services on your website. We reserve all our proprietary rights to these materials and may revoke your license at any time upon written notice.
Your Obligations as a Premium Affiliate
In performing under this Agreement, you shall:
Comply with all applicable laws and regulations;
Not use the trademarks, trade names, service marks, or logos of Custom Car Wraps except as expressly authorized by us;
Not create, publish, distribute, or permit any written material that makes reference to Custom Car Wraps without first obtaining our written consent
Not use Custom Car Wraps’ name, the Custom Car Wraps logo, anyCustom Car Wrap’s graphics or include a link to the Custom Car Wraps’ website in any form of unsolicited communication, such as but not limited to, unsolicited email (spam). If you want to use Custom Car Wraps’ website content directly on your site please contact: firstname.lastname@example.org. If you use any Custom Car Wraps’ content without permission, we will terminate your Premium Affiliate status.
You are prohibited from bidding on Custom Car Wraps’ trademarks or domain names in any pay-per-click search engines. This includes variations, combinations and/or lower case variants of any of these terms with or without the “www” prefix or “.com” suffix.
You may not use links, which automatically redirect the user to the Custom Car Wraps’ website in your search ads. You may not use any upper or lower case variations of Custom Car Wrap’s for any Display or Destination URL listing in paid search campaigns or Cloak or Mask the Custom Car Wraps’ URL in Search Engines.
In providing wrap design, printing and installation services to customers referred to you by you through our Premium Affiliate program, we shall comply with reasonable industry standards. We will NOT be responsible for the further execution of the vehicle wrap processes as you currently deploy.
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists and pricing and sales information, shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by the other party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto.
Disclaimer of Warranties and Limitation of Damages and Liability
WE MAKE NO AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS WITH RESPECT TO VEHICLE WRAP DESIGN, VEHICLE WRAP PRINT FILE GENERATION, VEHICLE WRAP PRINTING AND INSTALLATION AND RELATED SERVICES TO CUSTOMERS REFERRED TO YOU BY US THROUGH OUR PREMIUM AFFILIATE PROGRAM AND/OR ANY SERVICES PROVIDED BY US UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR WARRANTIES OF VEHICLE WRAP OR FITNESS OF A VEHICLE WRAP FOR A PARTICULAR PURPOSE. Additionally, we make no representations that the operation of our website or services will be uninterrupted or error free and we will not be liable for the consequences of any interruptions or errors. In no event shall Custom Car Wraps or any of our agents, employees, officers or directors be liable for consequential, incidental or special damages, including lost profits, even if we have knowledge of the potential loss or damage.
Acknowledgment of no Vehicle Wrap Services
You hereby acknowledge that Custom Car Wraps is a web application and software development service company and is not a vehicle wrap shop and that neither Custom Car Wraps nor any of its employees provide vehicle wrap services in the form of design, printing and installation of vehicle wraps.
You agree to indemnify and hold harmless Custom Car Wraps and its directors, officers, employees, agents and shareholders against any loss, liability, damage or expense that you may sustain by reason of any action or inaction by you in connection with your solicitation of orders from our services under this Agreement, the operation of your website or the operation of your vehicle wrap business in general.
We reserve the right to modify the terms of this Agreement, in our sole discretion. At a minimum, we will communicate any modification to you by posting updates to the Premium Affiliate Terms and Conditions document maintained on our website. Your continued participation as an Premium Affiliate after such modification will constitute your acceptance to the modified terms and conditions.
This Agreement shall be governed by and construed in accordance with the internal laws of the State of California, United States of America. The parties hereby submit to the jurisdiction of any state or federal court located in California. The parties agree that jurisdiction and venue for any matter arising out of or pertaining to this Agreement shall be proper only in the state and federal courts located in San Diego County of the State of California, United States of America.
All notices under this Agreement shall be in writing (standard mail) and email when appropriate and shall be deemed sufficient if delivered personally or if addressed to the receiving party if for Custom Car Wraps at 2002 Jimmy Durante Boulevard, Del Mar, CA 92014 and if for the Premium Affiliate to the address and email provided in your Premium Affiliate Application or to such other address as such party may designate in writing. Any such notice shall be deemed to have been received by U.S. mail, return receipt requested.