Program Application




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Conversion action Online purchase with processed valid payment
Cookie days 30 day(s)
Commission type Percent of Sale
Base commission 15.00%
W-9 Statements:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person 

AFFILIATE AGREEMENT

 By entering into this Agreement with ADB Innovations LLC (“ADB”), you (“Affiliate”) agree to abide by these terms. The purpose of this Affiliate Program is to permit you to advertise ADB Products on your website and to earn advertising commissions for Qualifying Purchases.

COMMISSIONS

You will earn a fifteen (15) percent commission of net product sales on Qualifying Purchases which are purchases made when all of the following requirements are made: (i) a customer clicks through a special link on your website to our website; (ii) during a single session that the customer adds a Product to his/her shopping cart and places the order for that Product no later than 30 days following the customer’s initial click-through; and (iii) the purchased Product is paid for by the customer. We reserve the right to offset or withhold commission payments due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in this Agreement. ADB reserves the right to approve all orders. Commissions will automatically be sent out each month to the PayPal account you listed in your affiliate application. We will only re-issue payments for up to 60 days if you do not receive it due to incorrectly supplying your payment information. 

RESPONSIBILITY FOR YOUR WEBSITE, SOCIAL MEDIA ACCOUNTS AND CONTENT 

You will be solely responsible for your website, social media accounts and related content. ADB will have no liability for any claims, damages, losses, liabilities, fines, penalties, costs and expenses relating to (a) any data, content or materials; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your website or social media accounts; (c) your use of any content; and (d) your violation of any term or condition of this Agreement.

INTELLECTUAL PROPERTY

The FasciaBlaster® line of products and other products, and all features, functionality, tools, and content therefore (the "Ashley Black Products") is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Ashley Black Products and all intellectual property rights therein are the exclusive property of one or more of our companies. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying Products.

COMPLIANCE WITH LAWS AND REGULATIONS

In connection with your participation in the Program, you agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any governmental authority that has jurisdiction over you.  As a Class 1 Medical Device, ADB Product is regulated by the FDA and FTC. 

RELATIONSHIP OF PARTIES

As an Affiliate, you are an independent contractor, and nothing in this Agreement or the Affiliate Program in general creates an agency, franchise, partnership, sales representative or employment relationship between you and ADB. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that will reasonably contradict anything in this section.

TERMINATION OR REVISION OF THE AFFILIATE PROGRAM

We reserve the right to terminate or revise the Program at any time, including by providing a change notice, a revised Agreement, or revised documentation of the Program.

IP LICENSING

Subject to and in accordance with the terms and conditions hereunder and your full compliance with your Affiliate Agreement with the ADB, we hereby grant to you a limited, non-exclusive, personal, non-assignable, non-royalty-bearing, non-sublicensable, revocable license to reproduce, distribute, and transmit certain intellectual property that we provide to you during the term of your affiliation with the ADB in the United States under the following use guidelines for the duration of your Affiliate Agreement with ADB. The term of this license grant shall be the term of your Affiliate Agreement with ADB.

You are restricted from partial or derived use of any intellectual property. That means any modifying or abridging any intellectual property provided to you by ADB is not approved or acceptable. For example, adding or subtracting words from the trademarks are not permitted; cutting or editing our videos is also not permitted. Please use the exact marks and copyrighted works, unless we expressly state otherwise, and refrain from modifications to maintain the integrity of the Brand and support the value you receive when using it. You may not use our intellectual property in any manner, including to promote your business or services, except as expressly provided by us. You also may not use the intellectual property in advertising, including without limitation in print, video, radio, or web advertising without express written consent. You also may not purchase as a search term or use keywords or metadata using our IP.

LIMITATION OF LIABILITY

YOU AGREE THAT WE AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, THE DOCUMENTATION, OUR WEBSITE, OR THE SERVICE OFFERINGS (AS DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; FURTHER, TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR AGGREGATE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us and our affiliates, managers, officers, employees, agents, partners, and licensors from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any activity arising in connection with your use of our website or service offerings or that constitutes your breach of this Agreement. We shall provide notice to you promptly of any such claim, suit, or proceeding.

DISCLAIMERS

THE PROGRAM, OUR WEBSITE, ANY PRODUCTS AND SERVICES OFFERED ON OUR WEBSITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT,  DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE TRADEMARKED TERMS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE PRODUCTS OR SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, THIS AGREEMENT, PROGRAM CONTENT, OPERATIONAL DOCUMENTATION, OR OUR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OR MODIFICATION OF THE PROGRAM, THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.

ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL

You and ADB mutually agree to resolve any  disputes, exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The place of arbitration shall be Houston, Texas.

You and ADB mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action ("Class Action Waiver"). Notwithstanding any other clause contained in this Agreement or the arbitration rules any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

GOVERNING LAW/VENUE

Other than the arbitration agreement provided herein, this Agreement shall be construed and governed by the laws of the State of Texas, without regard to principles of conflicts of laws. Venue for any actions arising from the agreement shall be Harris County, Texas.

PRODUCTS PURCHASED

Products purchased through the affiliate program are to be for personal use and are not eligible for resale. Affiliate re-selling any of our products or knowingly participating in the sale of products to others for the purpose of will be terminated from the program and any commissions paid on such products shall be recouped by ADB.

PRIVACY
Affirmative consent requirements

Overview
We are a company registered in UK, Spain, Belgium, Italy, Germany, France.
Maintaining the security of your data is a priority and we are committed to respecting your privacy rights. We pledge to handle your data fairly and legally at all times. We are dedicated to being transparent about what data we collect about you and how we use it.
This policy provides you with information about
- how we use your data;
- what personal data we collect;
- how we ensure your privacy is maintained; and
- your legal rights relating to your personal data.
 
How we use your data

General
We, and trusted partners acting on our behalf, use your personal data:
- to provide goods and services to you;
- to make a tailored website available to you;
- to manage any registered account(s) that you hold with us;
- to verify your identity;
- for crime and fraud prevention, detection and related purposes;
- with your agreement, to contact you electronically about promotional offers and products and services which we think may interest you;
- for market research purposes - to better understand your needs;
- to enable us to manage customer service interactions with you; and
- where we have a legal right or duty to use or disclose your information (for example in relation to an investigation by a public authority or in a legal dispute).

Promotional communications
We use your personal data for electronic marketing purposes (with your consent) and may send you postal mail to update you on the latest offers. 
We aim to update you about products & services which are of interest and relevance to you as an individual. 
You have the right to opt out of receiving promotional communications at any time, by:
1. changing marketing preferences via your account;
2. making use of the simple “unsubscribe” link in emails or the “STOP” number for texts; and/or
3. contacting us via the contact channels set out in this Policy.

Web Banner Advertising
If you visit our websites, you may receive banner advertisements while browsing other websites. Any banner advertisements you see will relate to products you have viewed browsing our websites on your computer or other devices. 
These advertisements are provided using ‘cookies’ placed on your computer or other devices (see further information on the use of cookies in our Cookie Policy). You can remove or disable cookies at any time .
Sharing data with third parties
Our service providers and suppliers
In order to make certain services available to you, we may need to share your personal data with some of our service partners. These may include but not be limited to IT, delivery and marketing service providers.
We only allow service providers to handle your personal data when we have confirmed that they apply appropriate data protection and security controls. We also impose contractual obligations on service providers relating to data protection and security, which means they can only use your data to provide services to us and to you, and for no other purposes.

Other third parties
Aside from our service providers, we will not disclose your personal data to any third party, except as set out below. We will never sell or rent our customer data to other organizations for marketing purposes.
We may share your data with:
- our carefully selected partners who provide branded products and services if we have your consent to do so;
- credit reference agencies and payment card issuers (such as Visa, Mastercard and American Express) where necessary for card payments;
- governmental bodies, regulators, law enforcement agencies, courts/tribunals and insurers where we are required to do so: -
- to comply with our legal obligations;
- to exercise our legal rights (for example in court cases);
- for the prevention, detection, investigation of crime or prosecution of offenders; and
- for the protection of our employees and customers.

International transfers
If you are in the European Economic Area, to deliver products and services to you, it is sometimes necessary to share your data outside of the EEA. This will typically occur when service providers are located outside the EEA or if you are based outside the EEA. These transfers are subject to special rules under data protection laws.
If this happens, we will ensure that the transfer will be compliant with data protection law and all personal data will be secure. Our standard practice is to use ‘standard data protection clauses’ which have been approved by the European Commission for such transfers. 
How long do we keep your data?
We will not retain your data for longer than necessary for the purposes set out in this Policy. Different retention periods apply for different types of data, however the longest we will normally hold any personal data is 6 years.

What personal data do we collect?
We may collect the following information about you:
- your name, age/date of birth and gender;
- your contact details: postal address including billing and delivery addresses, telephone numbers (including mobile numbers) and e-mail address;
- purchases and orders made by you;
- your on-line browsing activities on our websites;
- your password(s);
- when you make a purchase or place an order with us, your payment card details;
- your communication and marketing preferences;
- your interests, preferences, feedback and survey responses;
- your location;
- your correspondence and communications with us; and
- other publicly available personal data, including any which you have shared via a public platform (such as a Twitter feed or public Facebook page).
Our websites are not intended for children and we do not knowingly collect data relating to children.
This list is not exhaustive and, in specific instances, we may need to collect additional data for the purposes set out in this Policy. Some of the above personal data is collected directly, for example when you set up an on-line account on our websites or send an email to our customer services team. Other personal data is collected indirectly, for example your browsing or shopping activity. We may also collect personal data from third parties who have your consent to pass your details to us, or from publicly available sources.
We also receive personal data from trusted third parties who provide services to our customers of purchases made using your M&S payment cards, which we use to analyze customer behavior and improve our tailored marketing.

How we protect your data

Our controls
We are committed to keeping your personal data safe and secure. 
Our security measures include: -
- encryption of data;
- regular cyber security assessments of all service providers who may handle your personal data;
- regular scenario planning and crisis management exercises to ensure we are ready to respond to cyber security attacks and data security incidents;
- daily penetration testing of systems;
- security controls which protect the entire IT infrastructure from external attack and unauthorized access; and
- internal policies setting out our data security approach and training for employees.

What you can do to help protect your data
We will never ask you to confirm any bank account or credit card details via email. If you receive an email claiming to be from M&S asking you to do so, please ignore it and do not respond.
If you are using a computing device in a public location, we recommend that you always log out and close the website browser when you complete an online session.
In addition, we recommend that you take the following security measures to enhance your online safety both in relation to us and more generally: -
- keep your account passwords private. Remember, anybody who knows your password may access your account.
- when creating a password, use at least 8 characters. A combination of letters and numbers is best. Do not use dictionary words, your name, email address, or other personal data that can be easily obtained. We also recommend that you frequently change your password. You can do this accessing your account, clicking ‘your account’, clicking ‘your data’ and selecting ‘change password’.
- avoid using the same password for multiple online accounts.

Your rights
You have the following rights:
- the right to ask for a copy of personal data that we hold about you (the right of access);
- the right (in certain circumstances) to request that we delete personal data held on you; where we no longer have any legal reason to retain it (the right of erasure or to be forgotten);
- the right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you (the right of rectification);
- the right to opt out of any marketing communications that we may send you and to object to us using / holding your personal data if we have no legitimate reasons to do so (the right to object);
- the right (in certain circumstances) to ask us to ‘restrict processing of data’; which means that we would need to secure and retain the data for your benefit but not otherwise use it (the right to restrict processing); and
- the right (in certain circumstances) to ask us to supply you with some of the personal data we hold about you in a structured machine-readable format and/or to provide a copy of the data in such a format to another organization (the right to data portability).
If you wish to exercise any of the above rights, please contact us using the contact details set out below.

Legal basis for processing customer personal data

General
We collect and use customers’ personal data because it is necessary for:
● the pursuit of our legitimate interests (as set out below);
● the purposes of complying with our duties and exercising our rights under a contract for the sale of goods to a customer; or
● complying with our legal obligations.

In general, we only rely on consent as a legal basis for processing personal data in relation to sending direct marketing communications to customers via email or text message.
Customers have the right to withdraw consent at any time. Where consent is the only legal basis for processing, we will cease to process data after consent is withdrawn.

Our legitimate interests
The normal legal basis for processing customer data, is that it is necessary for our legitimate interests , include:
● selling and supplying goods and services to our customers;
● protecting customers, employees and other individuals and maintaining their safety, health and welfare;
● promoting, marketing and advertising our products and services;
● sending promotional communications which are relevant and tailored to individual customers;
● understanding our customers’ behavior, activities, preferences, and needs;
● improving existing products and services and developing new products and services;
● complying with our legal and regulatory obligations;
● preventing, investigating and detecting crime, fraud or anti-social behavior and prosecuting offenders, including working with law enforcement agencies;
● handling customer contacts, queries, complaints or disputes;
● managing insurance claims by customers;
● protecting our company, its employees and customers, by taking appropriate legal action against third parties who have committed criminal acts or are in breach of legal obligations to us;
● effectively handling any legal claims or regulatory enforcement actions taken against us and
● fulfilling our duties to our customers, colleagues, shareholders and other stakeholders.

Data protection officer
We have appointed a Data Protection Officer to ensure we protect the personal data of our customers (and others) and comply with data protection legislation.
If you have any questions about how we use your personal data that are not answered here, or if you want to exercise your rights regarding your personal data, please contact our Data Protection Officer’s team by
- phone: +1 917-942-9420
- e-mail: [email protected] or
- write to: Data Protection Officer, 3201 N Frazier St, Conroe, TX 77303
You have the right to lodge a complaint with the Information Commissioner’s Office. Further information, including contact details, is available at https://ico.org.uk [this will change based on countries].

Updates
This policy was last updated December 2018