Affiliate Program Terms & Conditions

Last Updated: December 2024

1. Program Overview

The ProSpec Gloves Affiliate Program allows approved participants ("Affiliates") to earn commissions by promoting ProSpec products through a unique discount code. Affiliates receive a percentage of qualifying sales made using their code.

2. Eligibility

To be eligible for the affiliate program, you must:

  • Be at least 18 years old (or have parental consent if under 18)
  • Have an active social media presence or audience relevant to baseball/softball
  • Have a registered ProSpec customer account
  • Provide accurate and complete information on your application
  • Agree to these terms and conditions

3. Commission Structure

Affiliates choose a split of a 30% total discount window between customer discount and personal commission. Commission is calculated on the pre-discount product subtotal (excluding shipping, taxes, and other fees).

  • Commissions are tracked via your unique discount code
  • Commissions are paid monthly on the 15th for the previous month's qualifying sales
  • Minimum payout threshold: $25
  • Payments are made via your selected method (PayPal, Venmo, Cash App, or Zelle)

4. Qualifying Sales

A sale qualifies for commission when:

  • The customer uses your unique discount code at checkout
  • The order is not cancelled, refunded, or charged back
  • The order has shipped (commission qualifies upon shipment)
  • The order is placed by a legitimate customer (not yourself or immediate family)

5. Promotional Guidelines

As an affiliate, you agree to:

  • Represent ProSpec Gloves honestly and accurately
  • Disclose your affiliate relationship per FTC guidelines
  • Not make false claims about products or potential earnings
  • Not use spam, unsolicited messages, or deceptive practices
  • Not bid on ProSpec brand terms in paid advertising without approval
  • Not use your own code for personal purchases

6. Code Restrictions

Each affiliate may only have ONE active affiliate code at a time. Requests to change your code must be submitted through the official modification form and are subject to approval.

7. Tax Responsibility

Affiliate commissions are considered taxable income. You are responsible for reporting and paying any applicable taxes. For US affiliates earning $600 or more in a calendar year, ProSpec will require a completed W-9 form and will issue a 1099-NEC.

8. Termination

Either party may terminate this affiliate relationship at any time. ProSpec reserves the right to terminate affiliates who violate these terms, engage in fraudulent activity, or whose conduct reflects poorly on the brand. Upon termination, your discount code will be deactivated and any pending commissions under $25 will be forfeited.

9. Modifications

ProSpec reserves the right to modify these terms, commission rates, or program structure at any time. Affiliates will be notified of material changes via email.

10. Limitation of Liability

ProSpec Gloves is not liable for any indirect, incidental, or consequential damages arising from participation in the affiliate program. Our maximum liability is limited to unpaid commissions owed to the affiliate.

Media & Image Rights License

Last Updated: December 2024

1. Grant of License

By submitting photos, videos, or other media content ("Content") to ProSpec Gloves, and by checking the "Feature me on the ProSpec website" option, you grant ProSpec Gloves a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, publish, and display your Content for marketing, promotional, and commercial purposes.

2. Scope of Use

This license allows ProSpec Gloves to use your Content in:

  • Website player galleries and affiliate showcases
  • Social media posts and advertisements
  • Email marketing campaigns
  • Print materials and catalogs
  • Trade show displays and promotional materials
  • Product packaging (with additional consent)

3. Attribution

ProSpec Gloves will make reasonable efforts to provide credit to you when using your Content, including your name and/or social media handle where practical. However, attribution is not guaranteed in all use cases, particularly in paid advertising.

4. Content Standards

You represent and warrant that:

  • You own the Content or have the right to grant this license
  • The Content does not infringe on any third party's intellectual property rights
  • Any individuals depicted in the Content have consented to its use
  • The Content does not contain any illegal, defamatory, or objectionable material

5. Glove Design Sales

If you opt into "Sell my glove designs," you authorize ProSpec Gloves to offer your custom glove configurations for sale to other customers. You will receive your standard affiliate commission on any sales of your designs made through your affiliate code.

6. Removal Requests

You may request removal of your Content from ProSpec's active marketing materials by submitting a written request to affiliates@prospecgloves.com. ProSpec will make reasonable efforts to remove Content within 30 days, though Content already distributed in print or third-party platforms may not be retrievable.

7. No Compensation

You acknowledge that you will not receive additional compensation for the use of your Content beyond your affiliate commissions, unless separately agreed upon in writing.

Liability Waiver & Independent Contractor Notice

Last Updated: December 2024

1. Independent Contractor Status

You acknowledge and agree that your participation in the ProSpec Gloves Affiliate Program establishes an independent contractor relationship, NOT an employment relationship. As an independent contractor:

  • You are not an employee, agent, or legal representative of ProSpec Gloves
  • You are responsible for your own taxes, including self-employment taxes
  • You are not entitled to employee benefits, including health insurance, retirement plans, or paid time off
  • You control your own work schedule and methods of promotion
  • You may engage in other business activities, including promoting other brands (subject to non-compete restrictions for direct competitors)

2. No Authority to Bind

You have no authority to make commitments, enter into contracts, or make representations on behalf of ProSpec Gloves. You may not imply or state that you are an employee or authorized representative of ProSpec Gloves.

3. Assumption of Risk

You acknowledge that participation in the Affiliate Program involves certain risks, including but not limited to:

  • Fluctuations in commission earnings
  • Changes to program terms or commission rates
  • Termination of the program or your participation
  • Technical issues affecting tracking or payments

4. Limitation of Liability

To the maximum extent permitted by law, ProSpec Gloves shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, or business opportunities
  • Any damages arising from your promotional activities
  • Technical failures, errors in tracking, or payment delays

ProSpec Gloves' total liability shall not exceed the total commissions paid to you in the twelve (12) months preceding any claim.

5. Indemnification

You agree to indemnify, defend, and hold harmless ProSpec Gloves, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

  • Your promotional activities
  • Your violation of these terms or any applicable laws
  • Your Content or any claims related to your Content
  • Any misrepresentation made by you

6. Dispute Resolution

Any disputes arising from this agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the state where ProSpec Gloves is headquartered, and the decision of the arbitrator shall be final and binding.

7. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the United States and the state where ProSpec Gloves is incorporated, without regard to conflict of law principles.

8. Severability

If any provision of this agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

9. Entire Agreement

This Liability Waiver, together with the Affiliate Program Terms & Conditions and Media Rights License, constitutes the entire agreement between you and ProSpec Gloves regarding the Affiliate Program and supersedes all prior agreements and understandings.