Program Application

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    Affiliate Agreement
    Affiliate Program - Terms & Conditions

    THIS AGREEMENT and the documents described in Section 18
    below contain the complete terms and conditions that apply to an individual or
    entity's participation in the Strobepro Affiliate Program (the
    "Program"). This Agreement is made and entered into by and between Strobepro
    Studio Lighting Inc., an Alberta corporation ("Strobepro"), and you.
    As used in this Agreement, "we/us/our" means Strobepro and
    "you" means the applicant specified in the Application, as that term
    is defined below. "Site" means a World Wide Web site. “Manager” means
    the impact radius Corporation, which has been retained by us to provide
    affiliate marketing services for the Strobepro Affiliate Program.


    To begin the enrollment process, you will need to submit a completed Program
    application form which can be found at 
    We will evaluate your Application in good faith and will notify you of
    your acceptance or rejection. We may reject your Application for any
    reason whatsoever, including, but not limited to our determination (in
    our sole discretion) that your Site is unsuitable for the Program
    (“Unsuitable Site”). Unsuitable Sites include, but are not limited to,
    those that a. contain or link to nudity or pornography or promote
    sexually explicit materials; b. promote violence; c. promote
    discrimination based on race, sex, religion, nationality, disability,
    sexual orientation, or age; d. promote illegal activities; e. infringe
    intellectual property rights of ours, or otherwise violate the rights of
    any third party: f. contain, in our sole judgment, material that is
    defamatory, fraudulent, or harassing to us or any third party; or promote
    the use of any pyramid or similar schemes. Once we accept your
    Application, you will be provided with a password protected affiliate
    account. If we reject your Application, you are welcome to reapply to the
    Program at any time. Existing affiliates are automatically approved and
    do not need to complete the application form.


    You may select any one or more graphics
    offered through your Affiliate account ("Banners") or
    ("Logos") to feature on your Site. You may change the selection
    of your featured Icons at any time, without our approval. You can display
    on your Site a word or words, graphic image(s), or combination of words
    and images. The content, style, and placement of these words and images
    will be your sole responsibility and at your sole discretion provided
    that you comply with the terms of this Agreement. You must ONLY place
    word(s) or graphic image(s) links on your Site utilizing the code
    provided. You may NOT "hard" code image(s) on your Site. You
    may not modify any of our Icons, content, tools, text, images, Links (as
    defined below), Strobepro Brand Features (as defined below), or search
    boxes (collectively "Licensed Materials") in any way. For each
    selected Icon, we will provide an electronic link to the Strobepro Site
    using an Affiliate URL provided by us (a "Link"). It is your
    sole responsibility to set up and maintain the electronic Links
    connecting your Site to the appropriate page on the Strobepro Site
    designated for that particular Icon and ensure that the electronic Links
    are in good and working order. You acknowledge and agree that Icons,
    content, tools, text, images, Links, search boxes or any other material
    provided to you by us on our behalf for inclusion on your Site may
    include Strobepro’s trade name, trademark, service mark and/or logo ,
    (ii) you have no right to alter or modify such Strobepro Brand Features,
    (iii) you will not use or display the Strobepro Brand Features or any of
    the other Licensed Materials on any Unsuitable Site, as determined in our
    sole discretion, or in any manner that is defamatory, misleading,
    libelous, obscene or otherwise potentially damaging to the reputation of Strobepro
    or the goodwill associated with the Strobepro Brand Features, and (iv)
    you will use the Strobepro Brand Features in accordance with any
    trademark usage guidelines and policies that Strobepro may issue from
    time to time.


    We will process product orders placed by customers who follow Links from
    your Site to the Strobepro Site. We reserve the right to reject orders
    that do not comply with any requirements that we periodically may

    We will be responsible for all aspects of order processing and fulfillment.
    Among other things, we will prepare order forms; process payments,
    cancellations, and returns; and handle customer service. We will track
    sales made to customers who purchase products online using Links from
    your site to our Site in accordance with the terms of this Agreement
    (“Customers”) and will provide you with access to reports summarizing
    this sales activity. The form, content, and frequency of the reports may
    vary from time to time in our discretion but will generally be available
    on a continuous basis. You hereby agree not to disclose the information
    contained in these reports to any third party without prior written or
    electronic consent. To permit accurate tracking, reporting, and fee
    accrual, you must ensure that the Links between your and our Site are
    properly formatted. All HTML tags are to be generated using the special
    HTML tags provided by us and are not to be altered in any manner. We will
    not be responsible for tracking and reporting sales that were not made
    through a Link formatted to our specifications.


    We will pay you Referral Fees on product sales to third parties as defined
    below. For a product sale to generate a Referral Fee, a Customer must
    follow a Link (in the format specified by us) from your Site to the Strobepro
    Site, purchase one or more Products, as defined below, using our
    automated ordering system, and remit full credit card approved payment to
    Strobepro. You will not receive a commission for any sales initiated or
    completed offline (for example, by telephone or in store). Our
    determination of whether a commission is payable is final and is binding
    to you.

    You will earn Referral Fees based on the Sale Price of Products, according to
    fee schedules to be established and issued from time to time by us, which
    are incorporated by reference in this Agreement, and which we retain the
    absolute right to modify at any time. "Sale Price" means the
    sale price on our Site for each product at the time the product sale took
    place. The Sales Price shall not include costs for shipping, handling,
    gift-wrapping (where and when applicable), and taxes.


    Referral fees earned pursuant to Section 4 are paid as a
    percentage of the Sale Price of the Products sold. In our sole discretion, we
    may establish other special commission rates with respect to certain promotions.


    All payments shall be made in Canadian dollars via Strobepro store credit or gift card. 45 days
    following the shipment of the order you will receive qualified Referral Fees to your account. If a Product that generated a Referral Fee is returned or canceled within the 45 days, the order will be marked as returned or canceled
    and no payment will be issued .


    All Customers who buy products through this Program will be
    deemed to be the customers of Strobepro. Accordingly, all Strobepro rules,
    policies, and operating procedures (“Policies and Procedures”) concerning
    customer orders, customer service, and product sales will apply to those
    Customers. We may change our Policies and Procedures at any time and for any
    reason. For example, we will determine the prices to be charged for products
    sold under this Program in accordance with our own pricing policies. Product
    prices and availability may vary from time to time. Because price changes may
    affect Products that you already have listed on your Site, you may not include price
    information in your product descriptions or otherwise on your Site. We will use
    commercially reasonable efforts to present accurate information, but we cannot
    guarantee the availability or price of any particular product.


    Strobepro grants you a limited, non-exclusive, non-transferable, non-sublicensable
    revocable right and license during the term to use the Logos, Banners and
    words or combination of words and images described in Section 2 and such
    other Icons and images for which Strobepro grants express written
    permission, solely for the purpose of identifying your Site as a Program
    participant and to assist in generating product sales. You may not modify
    any of the Licensed Materials in any way. Strobepro reserves all rights
    in the Licensed Materials and all intellectual property rights therein.
    Subject to the terms and conditions of this Agreement, Strobepro grants
    you a limited, non-exclusive, royalty-free license to use the Sales
    Information, as defined below, to the extent necessary to fulfill your
    obligations under this Agreement or for your internal research purposes. Strobepro
    may immediately revoke such licenses at any time and for any reason upon
    giving you oral, written or electronic notice. You hereby acknowledge and
    agree that all right, title and interest in the Licensed Materials are
    exclusively owned by Strobepro and/or its licensors and that any goodwill
    resulting from Affiliate’s use of such Licensed Materials shall inure to
    the benefit of Strobepro and shall automatically vest in Strobepro upon
    use by Affiliate. You hereby acknowledge and agree that Strobepro shall
    own all right title and interest in and to all information that is
    created or collected in connection with this Agreement, including,
    without limitation, (i) any contact information collected from any Strobepro
    Customer who enters Strobepro’s Site from a link from your Site
    ("Affiliate Customers") and any information regarding
    click-through rates, information regarding product purchases by Affiliate
    Customers ("Sales Information"), and any information regarding
    high-performing AdWords, keywords or any other similar advertising,
    search or query words or terms, any information regarding top-converting
    products, or any other non-public Strobepro sales and marketing
    information (“Marketing Information”). You agree not to disclose during
    the term and at any time thereafter any Sales Information, Affiliate
    Customer contact information, or Marketing Information to any third party
    without Strobepro’s prior written approval. You agree not to use or send
    any email, including but not limited to emails that you send to your
    customers promoting various offers or merchants, at any time, to
    advertise or promote Strobepro's name, without prior written consent from

    You may not use the Strobepro name, “Strobepro”, or any other Strobepro Brand
    Features, or any variation, element, derivation or adaptation thereof
    (including but not limited to abbreviations, misspellings, stringing of
    individual names into a single word, or any other variation which has the
    effect of implying the Strobepro name; “Strobepro Variations”), in any
    manner not expressly authorized by this Agreement. Without limiting the
    generality of the foregoing, Affiliate shall not: 1. use Strobepro Brand
    Features or Strobepro Variations in Affiliate’s domain or sub-domain; 2.
    use Strobepro Brand Features or Strobepro Variations (or use any type of
    software download or technology or otherwise engineer Affiliate’s
    website, search engine, or Affiliate’s service) in such a manner so as to
    intercept, redirect, or divert Internet traffic or Referral Fees to or
    from Strobepro’s Site(s) without Strobepro’s prior written approval; and,
    3. bid on or purchase Strobepro Brand Features or Strobepro Variations as
    Adwords, keywords, or any other similar advertising, search or query
    words or terms, on Google, Yahoo, or any other similar search engine
    service or website. Any violation of this section shall constitute a
    material breach of the Agreement, and within twenty-four (24) hours of
    receipt of notice from Strobepro of such breach, Affiliate shall cease
    such use of Strobepro Brand Features or Strobepro Variations. If
    Affiliate does not so cure such breach, Strobepro may immediately
    terminate the Agreement, without any charge or liability, in addition to
    any other rights or remedies Strobepro may have under the Agreement, and Strobepro
    reserves the right to bring a trademark infringement action against
    Affiliate, as well as any other rights or remedies it may have at law or
    in equity. You agree not to: (i) cache any part of or all of the Licensed
    Materials, (ii) offer any unauthorized incentives to end users to use the
    Links, and (iii) offer or make available to end users coupons or
    promotions that have expired or have not been approved by us.


    You will be solely responsible for the development, operation, and
    maintenance of your Site and for all materials that appear on your Site,
    including, but not limited to the technical operation of your Site and
    all related equipment; posting Icons on your Site and linking those Icons
    to our Site; the accuracy and appropriateness of materials posted on your
    Site (including but not limited to all product-related materials);
    ensuring that materials posted on your Site do not violate or infringe
    upon the rights of any third party (including, but not limited to,
    copyrights, trademarks, privacy, or other personal or proprietary rights)
    ensuring that materials posted on your Site are not libelous, violate any
    provision of this Agreement or are otherwise illegal or unlawful.

    The accuracy and legality of all product effectiveness claims: you may not
    make specific claims regarding the effectiveness of any product. without
    limiting the generality of the foregoing, 1. you shall not make any
    representations, warranties or guarantees to anyone with respect to the
    specifications, features or capabilities of the products that are
    inconsistent with the information distributed or provided by Strobepro,
    2. you shall not make any false or misleading representations with regard
    to Strobepro or the products, and 3. you shall not post, publish or use
    any misleading or deceptive advertising materials regarding Strobepro or
    the products. if you violate the foregoing or otherwise make
    unsubstantiated product claims with respect to products we sell, your
    membership in the Strobepro affiliate program may be terminated
    immediately upon notice.

    We disclaim all liability for the matters described in this Section 9.
    Further, you will indemnify and hold us harmless from all claims,
    damages, and expenses (including, without limitation, attorneys' fees)
    relating to the content development, operation, maintenance, and contents
    of your Site or any breach of any representations, warranties or
    covenants made by you in this Agreement.


    The term of this Agreement will begin upon our acceptance of
    your Program Application and will end when terminated by either party in
    accordance with the terms of this Agreement. Either you or Strobepro may
    terminate this Agreement at any time and for any reason, with or without cause,
    by giving the other party written or electronic notice of termination. You are
    only eligible to earn Referral Fees on sales occurring during the term of this
    Agreement, and fees earned through the date of termination will remain payable
    only if the related orders are not canceled or returned. We may withhold your
    final payment for a reasonable time to ensure that the correct amount is paid.
    Upon termination of this Agreement, 1. all licenses hereunder shall terminate,
    2. you shall immediately remove any Links, Icons, search boxes, or any other
    Licensed Materials from your Site and 3. sections 8(2), 9(3), 10, 13, 14, 15
    and 19, as well as any other provisions which by their nature are reasonably
    expected to survive the termination of this Agreement, shall survive such


    We may modify any of the terms and conditions contained in
    this agreement, at any time and in our sole discretion, by posting a change
    notice or a new agreement on our affiliate gateway site. modifications may
    include, but are not limited to, changes in referral fees, fee schedules,
    payment procedures, and policies and procedures. if any modification is
    unacceptable to you, your only recourse is to terminate this agreement. your
    continued participation in the program following our posting of a change notice
    or new agreement on our affiliate gateway site will constitute binding
    acceptance of the change.


    You and Strobepro are independent contractors, and nothing
    in this Agreement will create any partnership, joint venture, agency,
    franchise, sales representative, or employment relationship between the
    parties. You will have no authority to make or accept any offers or
    representations on our behalf. You will not make any statement, whether on your
    Site or otherwise, that reasonably would contradict anything in this Section.


    Strobepro will not be liable to you or any other person or
    entity for any special, indirect, consequential or exemplary damages
    (including, without limitation any loss of revenue, profits, or data) arising
    in connection with this agreement or the program, however caused, and under
    whatever cause of action or theory of liability brought (including, without
    limitation, under any contract, negligence or other tort theory of liability,
    even if we have been advised of the possibility of such damages. further, our
    aggregate liability arising with respect to this agreement and the program will
    not exceed the total referral fees paid or payable to you under this agreement.
    all claims made hereunder by you against us shall be made within ninety (90) days
    of the act or omission, which forms the basis of such claims.


    We make no express or implied warranties or representations
    with respect to the Program or any products sold through the Program
    (including, without limitation, warranties of fitness, merchantability,
    non-infringement, or any implied warranties arising out of a course of
    performance, dealing, or trade usage). In addition, we make no representation
    that the operation of the password protected affiliate account, Strobepro’s
    Site or any other Site sponsored by us in connection with this Agreement will
    be uninterrupted or error-free, and we will not be liable for the consequences
    of any interruptions or errors or termination of any services, products or this


    You acknowledge that you have read this agreement and agreed
    to all its terms and conditions. you understand that we may at any time
    (directly or indirectly) solicit customer referrals on terms that may differ
    from those contained in this agreement or operate web sites that are similar to
    or compete with your website. you have independently evaluated the desirability
    of participating in the program and are not relying on any representation,
    guarantee, or statement other than as explicitly set forth in this agreement.


    We may identify you or your Site as a participant in the
    Program without providing you prior notice or obtaining your specific written
    consent. Such identification may be oral, written, or electronic, and may include,
    but is not limited to, public announcements, promotional materials, internal
    and external reports, and public filings.


    You may not assign or transfer this Agreement, by operation
    of law or otherwise, without our prior written consent. Any assignment or
    transfer in violation of the foregoing shall be null and void. Subject to that
    restriction, this Agreement will be binding on, inure to the benefit of, and be
    enforceable against, the parties and their respective successors and assigns.


    This Agreement and the Fee Schedules constitutes the entire
    agreement and understanding between the parties hereto with respect to the
    subject matter hereof and supersedes all prior or contemporaneous written or
    oral agreements or representations between the parties.


    This Agreement will be governed by the laws of Canada and the province of
    Alberta, without reference to rules governing the choice of laws. Any
    action relating to this Agreement must be brought in the federal or
    provincial courts located in Calgary, Alberta  and you irrevocably consent to the
    jurisdiction and venue of such courts. Our failure to enforce your strict
    performance of any provision of this Agreement will not constitute a
    waiver of our right subsequently to enforce such provision or any other
    provision of this Agreement. If for any reason a court of competent
    jurisdiction finds any provision of this Agreement, or portion thereof,
    to be unenforceable, that provision of the Agreement will be enforced to
    the maximum extent permissible so as to effect the intent of the parties,
    and the remainder of this Agreement shall continue in full force and
    effect. You shall not make any public announcement or issue any press
    release concerning the Agreement or the transactions contemplated hereby,
    without our prior written consent. We shall not be liable hereunder by
    reason of any failure or delay in the performance of our obligations on
    account of strikes, shortages, riots, insurrection, fires, flood, storm,
    explosions, earthquakes, Internet outages, acts of God, acts of war, acts
    of terrorism, governmental action, or any other cause that is beyond our
    reasonable control.

    As used herein, certain capitalized words (or any variation thereof) shall
    have the meaning as herein provided. Any conflict between said
    capitalized words, and any other meaning shall be resolved as herein
    provided. Unless otherwise stated above, all notices and other
    communications required or permitted hereunder shall be in writing and
    shall be delivered personally or transmitted by email to Strobepro Studio
    Lighting Inc. at [email protected], or by the Canada Pst certified or
    registered mail, return receipt requested, to Strobepro Studio Lighting
    Inc., Web Affiliates, 75, 1011 57 Ave NE Calgary AB, Canada T2E 8X9 or if
    to you at the email address designated on your Application.

    If the person entering into this Agreement is acting on behalf of his or her
    company or organization, such person hereby represents to Strobepro that
    he or she has all requisite power and authority to enter into this
    Agreement on behalf of such company or organization, that this Agreement
    has been duly authorized by such company or organization and that this
    Agreement will constitute a legal, valid, a binding obligation of such
    company or organization. Such person hereby agrees to indemnify and hold
    harmless Strobepro from any and all claims, damages and expense
    (including without limitation attorney’s fees) arising from any breach of
    this section.