Welcome To The Campfire Collective Web Referral Program.  This Agreement And Your Acceptance Of This Agreement Governs Your Association With Campfire Collective And Your Use Of The Affiliate Program Offered Through The Campfire Collective Website.

The Relationship Between The Parties Shall At All Times Be That Of Independent Contractors. No Employment, Partnership Or Joint Venture Relationship Is Formed By This Referral Agreement And At No Time May The Affiliate Position Itself As Affiliated To The Company, Except As An Independent Referrer. In View Of This Independent Relationship The Agent Shall Not Enter Into Any Agreements On Behalf Of The Company, Shall Make No Warranty Either Expressed Or Implied On Behalf Of The Company And Shall Not Incur Any Expenses On Behalf Of The Company.

This Agreement Contains The Following Provisions

1. SCOPE OF THE AGREEMENT

This Agreement Is Between You And All Persons You Represent (And For Purposes Of This Agreement, “Person” Includes Natural Persons And Any Type Of Incorporated Or Unincorporated Entity) And Campfire Collective Regarding Your Access To And Use Of The Campfire Collective Web Affiliate Platform And All Content, Information, Products And Services Available On Or Through The Website (Collectively, The “Website”).

If You Do Not Agree With Each Provision Of This Agreement, Or You Are Not Authorized To Agree To Accept This Agreement On Behalf Of The Person You Purport To Represent, You May Not Access Or Use The Web Affiliate Platform.

2. PERMISSION TO PARTICIPATE IN THE WEB REFERRAL PROGRAM

You May Participate In The Web Referral Program Only If You Have Reached The Age Of Majority Where You Live And You Can Form Legally Binding Contracts Under Applicable Law. You May Not Participate In The Web Referral Program If You Live In A Jurisdiction Where Access To Or Use Of The Website Or Any Part Of It May Be Illegal Or Prohibited. It Is Solely Your Responsibility To Determine Whether Your Use Of The Website Is Lawful, And You Must Comply With All Applicable Laws.

3. PAYMENT AND PAYABLES

Campfire Collective Will Make Referral Commission Payments To Active Affiliates Who Generate Qualifying Purchases On The Campfire Collective Site . The Referral Fee Will Be Based On The Net Value Of The Goods Or Services Sold By Campfire Collective As A Direct Result Of A Referral. Net Value Shall Exclude Value Added Tax, Postage, Marketing Discounts And Refunds Or Payments Not Honored By A Financial Institution.

Should GST Or Any Other Value Added Tax Be Applicable To Be Paid To The Affiliate, These Amounts Will Be Included In The Stated Referral Commission But Clearly Identified So That The Affiliate Can Appropriately Report And/Or Submit These Value Added Taxes.  

4. CHANGES TO THIS AGREEMENT

Campfire Collective May, In Its Sole Discretion, Change This Agreement From Time To Time As It Relates To Future Use Of The Web Referral Platform, By Posting A Revised Agreement On The Platform That Must Be Reviewed And Agreed By The Affiliate To Continue To Use The Platform.

5. OWNERSHIP AND PERMITTED USE OF THE WEBSITE AND ASSETS

The Affiliate May Make Use Of The Campfire Collective Trademarks For The Sole Purpose Of Promoting The Company’s Goods Or Services. Any Such Use Shall Be In Accordance With The Company’s Trademark Policies. It Is Expressly Understood That This Referral Agreement Does Not Grant The Agent Any Interest In The Company’s Trademarks Or Any Other Intellectual Property Rights.

The Website (Including All Content, Page Headers, Custom Graphics, Button Icons, And Scripts And The Presentation, Arrangement, Coordination, Enhancement And Selection Of Such And Other Information In Text, Graphical, Video And Audio Forms, Images, Icons, Software, Designs, Applications, Data, And Other Elements Available On Or Through The Website) Is The Property Of Campfire Collective  And Others, And Is Protected By International Copyright, Trademark And Other Laws. Your Use Of The Website Or It’s Assets Does Not Transfer To You Any Ownership Or Other Rights In The Website Or Its Content.

6. MISPRINTS, ERRORS AND PRICES

Campfire Collective Endeavors To Provide Current And Accurate Information On The Website. However, Misprints, Errors, Inaccuracies, Omissions Or Other Errors May Sometimes Occur.

Campfire Collective Reserves The Right To: (A) Correct Any Error, Inaccuracy Or Omission At Any Time Without Prior Notice Or Liability To You Or Any Other Person; (B) Change At Any Time The Products And Services Advertised Or Made Available, The Prices, Fees, Charges And Specifications Of Such Products And Services, Any Promotional Offers And Any Other Website Content Without Any Notice Or Liability To You Or Any Other Person.

7. TRADE-MARK INFORMATION

Campfire Collective, Boatsmart!® And Other Names And Logos Appearing On Or In Connection With Website (The “Marks”) Are Registered Or Unregistered Trademarks, Service Marks, Trade Names And Logos Owned Or Licensed By Their Respective Owners Or Licensees.

Any Use Of The Marks, Except As Expressly Provided In This Agreement, Is Strictly Prohibited. Nothing Appearing On The Website Or Elsewhere Shall Be Construed As Granting, By Implication, Estoppels, Or Otherwise, Any License Or Right To Use Any Of The Marks.  The Authorized Use Of Any Of The Marks Must Be Accompanied By The Appropriate Trademark Registration Designation.

8. NO FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS 

Links To The Website Without The Express Written Permission Of Campfire Collective Are Strictly Prohibited. By Joining The Website Affiliate Program, You Are Granted Permission To Link To The Website. Campfire Collective May In Its Discretion Cancel And Revoke Any Permission It May Give To Link To The Website At Any Time And Without Any Notice Or Liability. The Framing, Mirroring, Scraping Or Data-mining Of The Website Or Any Of Its Content In Any Form And By Any Means Is Strictly Prohibited. You May Not Use Any Collaborative Browsing Or Display Technologies In Connection With Your Use Of The Website Or To Post Comments, Communications, Or Any Other Data Of Any Kind To Or On The Website With The Intention That Such Postings May Be Viewed By Other Users Of The Website.

9. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY 

Disclaimers

Your Access To And Use Of The Website Is At Your Own Risk. The Website Is Provided On An “As Is” And “As Available” Basis, Without Any Representations, Warranties Or Conditions Of Any Kind, Whether Express Or Implied, And Including Without Limitation Implied Representations, Warranties Or Conditions Of Or Relating To Accuracy, Accessibility, Fitness For A Particular Purpose, Merchantability, Performance Or Durability, All Of Which Are Disclaimed By Campfire Collective To The Fullest Extent Permitted By Law.

Liability Exclusions

Campfire Collective And Its Providers Will Never Be Liable To You Or Any Other Person For Any Indirect, Incidental, Consequential, Special, Punitive Or Exemplary Loss Or Damage Arising From, Connected With, Or Relating To The Website Or This Agreement Including But Not Limited To Loss Of Data, Business, Markets, Savings, Income, Profits, Use, Production, Reputation Or Goodwill, Anticipated Or Otherwise, Or Economic Loss, Under Any Theory Of Liability (Whether In Contract, Tort, Strict Liability Or Any Other Theory Or Law Or Equity), Regardless Of Any Negligence Or Other Fault Or Wrongdoing (Including Without Limitation Gross Negligence And Fundamental Breach) By Campfire Collective  Or Any Person For Whom Campfire Collective Is Responsible, And Even If Campfire Collective Has Been Advised Of The Possibility Of Such Loss Or Damage Being Incurred.

Acknowledgement And Exclusion By Statute In Certain Jurisdictions

The Exclusion Of Certain Warranties And The Limitation Of Certain Liabilities

Is Prohibited In Some Jurisdictions. These Statutory Prohibitions May Apply To You.

10. TERMINATION

Notwithstanding Any Other Provision Of This Agreement, Campfire Collective  May In Its Discretion Change, Discontinue, Modify, Restrict, Suspend Or Terminate The Website Or Any Part Of It Without Any Notice Or Liability To You Or Any Other Person. Campfire Collective  May In Its Discretion And For Its Convenience At Any Time Immediately Terminate, Temporarily Or Permanently, This Agreement Or Your Permission To Access And Use The Website Without Any Notice Or Liability To You Or Any Other Person.

If This Agreement Or Your Permission To Access Or Use All Or Any Part Of The Website Is Terminated For Any Reason, Then This Agreement And All Other Then Existing Agreements Between You And Campfire Collective Will Continue To Apply And Be Binding Upon You Regarding Your Prior Access To And Use Of The Website, And Anything Connected With, Relating To Or Arising Therefrom.

11. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement, Your Access To And Use Of The Website, And All Related Matters Are Governed Solely By The Laws Of Ontario, Canada And Applicable Federal Laws Of Canada (And In The Case Of Use Of The Website In Quebec By Residents Of Quebec, By The Laws Of Quebec And The Applicable Federal Laws Of Canada). Any Dispute Between You And Campfire Collective Or Any Other Person Arising From, Connected With Or Relating To The Website, This Agreement, Or Any Related Matters (Collectively “Disputes”) Will Be Resolved Before The Courts Of Ontario, Sitting In The City Of Toronto (And In The Case Of Use Of The Website In Quebec By Residents Of Quebec, Before The Courts Of Quebec, Sitting In The City Of Montreal), And You Hereby Irrevocably Submit And At Torn To The Original And Exclusive Jurisdiction Of Those Courts In Respect Of All Disputes.

12. OTHER MATTERS

If Any Provision Of This Agreement Is Held To Be Invalid Or Unenforceable For Any Reason, Then The Provision Will Be Deemed To Be Severed From This Agreement And The Remaining Provisions Will Continue In Full Force And Effect. This Agreement Ensures To The Benefit Of And Is Binding Upon Each Of Campfire Collective And Its Successors, Assigns And Related Persons, And You And Your Heirs, Executors, Administrators, Successors, Permitted Assigns And Personal Representatives. You May Not Assign This Agreement Or The Rights And Obligations Under This Agreement.Campfire Collective May Assign This Agreement And Its Rights And Obligations Under This Agreement Without Your Consent. No Consent Or Waiver By Any Party To Or Of Any Breach Or Default By Any Other Party In Its Performance Of Its Obligations Under This Agreement Will Be: (A) Deemed Or Construed To Be A Consent To Or Waiver Of A Continuing Breach Or Default Or Any Other Breach Or Default Of Those Or Any Other Obligations Of That Party; Or (B) Effective Unless In Writing And Signed By All Parties.

The Parties Have Expressly Requested And Required That This Agreement And All Other Related Documents Be Drawn Up In The English Language. Les Parties Conviennent Et Exigent Expressément Que Ce Contrat Et Tous Les Documents Qui S’y Rapportent Soient Rédigés En Anglais.

Any Rights Not Expressly Granted By This Agreement Are Reserved To Campfire Collective.. You May Contact Campfire Collective By Telephone, Email, Or Postal Mail:

Campfire Collective
632 The Kingsway
Peterborough, Ontario K9j 7c8
Canada

1-877-792-3926 x214
[email protected]