Affiliate Terms & Conditions

1.  Overview

This Agreement contains the terms and conditions that apply to you becoming an affiliate in BackTpack’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and the BackTpack.com website. Please note that throughout this Agreement, “we,” “us,” and “our” refer to BackTpack.com, and “you,” “your,” and “yours” refer to the affiliate.

2.  Affiliate Obligations

  • We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
    • Promotes sexually explicit materials.
    • Promotes violence.
    • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    • Promotes illegal activities.
    • Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
    • Includes BackTpack’s name or variations or misspellings thereof in its domain name.
    • Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
    • Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
    • You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are BackTpack.com or any other affiliated business.
  • BackTpack LLC reserves the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.
  • The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
  • It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
  • It is our intent to treat our customers and partners fairly and comply fully with all Federal Trade Commission regulations related to advertising. As such, we require our affiliates to comply with these regulations. This includes, but is not limited to, Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising, which requires, among other criteria, that material connections between advertisers and endorsers be disclosed. This means that directories, review/rating sites, blogs and other websites, email or collateral that purport to provide an endorsement or assessment of an advertiser must prominently disclose financial or in-kind compensation is provided from the advertiser. You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation. We reserve the right to withhold fees and/or cancel the affiliate relationship for failure to comply with the mentioned guide or other FTC regulations.

3.  BackTpack LLC Rights and Obligations

  • We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the BackTpack Affiliate Program.
  • BackTpack LLC reserves the right to terminate this Agreement and your participation in the BackTpack.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the BackTpack.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, BackTpack.com shall not be liable to you for any commissions for such fraudulent sales.
  • This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.

4.  Termination

  • Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
  • Your account WILL BE DEACTIVATED and referral fees set to $0 for failure to comply with terms and conditions contained herein.
  • Any false or misleading advertising or suspected fraudulent activity associated with your affiliate account will result in immediate deactivation.
  • Affiliate accounts generating a large number of fraudulent accounts will be deactivated.
  • Affiliates may not resell our services. All clients must provide their own payment method and contact information to be eligible for affiliate referral fees.

5.  Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and BackTpack.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in BackTpack.com’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

6.  Payment

  • Affiliate fee will be as specified in written communications with the company owner.
  • Customers who receive non-standard pricing are not eligible for affiliate referral fees. Non-standard pricing includes but is not limited to sales, promotions, email offers, prepaid accounts and discounted pricing.
  • Affiliate accounts must be active at the time of the referral. No referral fee will be given to your affiliate account for sales that occurred before you joined the affiliate program.
  • Affiliate referral fees are locked 90 days after the end of the month in which the credit is recorded. Payments are then processed and sent out from the 16th through the last day of the month or until all payments have been sent. EXAMPLE: Credits recorded in January will lock on the 31st of April and payments are sent after the 16th of April. This is to allow for resolution of customer returns, fraudulent orders and potential chargebacks.
  • Affiliates must earn a minimum of $50 before the affiliate account is eligible for payment.
  • Payments are sent via check or PayPal to the address or bank account on record.
  • Affiliates are responsible for ensuring that all payee information is up to date in the affiliate system. We are not responsible for lost/stolen payments. The affiliate is responsible for keeping all information up to date including postal and email addresses, name, payment information, tax information or any other personal information that will impact the ability to issue a valid payment. Failure to provide current information may result in forfeiture of any referral fees due to you. Referral fees that are left unclaimed or are returned for invalid or insufficient address information or for other reasons may be forfeited as well.
  • Affiliates are responsible for making sure they are able to accept payments. Please ensure that your bank or PayPal account can accept payments from US-based companies.
  • Affiliates are responsible for all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive their affiliate fees. Please check with your local banking institution or PayPal to find out if any of these apply for your account.
  • US Affiliates will be asked to complete a W-9 form before payments totaling $600 for the calendar year can be processed.
  • Because of the high frequency of credit card fraud and cancellation rates, we reserve the right to hold referral fees for up to 90 days for verification. We also reserve the right to cancel referral fees in the event that we are unable to collect funds, the order is fraudulent, the customer cancels within the first 30 days, the customer returns the item, or if we learn that the referral fee was earned improperly for any other reason.

7.  Promotion Restrictions

  • You are free to promote your own web sites, but naturally any promotion that mentions BackTpack.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by BackTpack.com. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote BackTpack.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote BackTpack.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from BackTpack.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the BackTpack.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
  • Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as BackTpack.com, BackTpack, www.BackTpack.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords, will be considered trademark violators, and will be banned from BackTpack’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
  • Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited BackTpack’s site (i.e., no page from our site or any BackTpack.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of the BackTpack site in IFrames, hidden links and automatic pop ups that open BackTpack.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
  • Affiliates MAY NOT offer cash back, rewards or other incentives to drive traffic/sales via your affiliate tracking links.
  • Affiliates MAY NOT use traffic that is generated by pay to click, pay to read, banner exchanges, click exchanges, CPV advertising, pop-up/under, SPAM, purchased traffic or similar methods.
  • Affiliates MAY NOT use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link (for example a 1×1 pixel iframe).
  • Affiliates MAY NOT bid on or use trademark, trademark +, or misspelled keywords for the purpose of PPC on Internet search engines (Google, Yahoo, MSN, Ask etc.).
  • Affiliates MAY NOT use trademark, trademark +, or misspelled keywords in their domain names.
  • Affiliates are responsible for ensuring their tracking code is working properly before sending traffic to our servers. Any modification to the links is the sole responsibility of the affiliate. Referral fees will not be paid for tracking errors caused by editing, masking, redirecting or tampering with your links.
  • The use of redirected pages and links to send a user to our site is prohibited. Example: you may not have a PPC link on a search engine that redirects the user to our site.
  • Domain forwarding is prohibited – you may not purchase a domain and set it to forward directly to our site using your affiliate link.
  • Affiliates MAY NOT copy our website or portions of it and display them on their own site or subdomain.
  • Affiliates MAY NOT engage in the advertisement of business-opportunity sites or use marketing practices that attract fraudulent or short-term customers (customers with low retention and renewal rates).

8.  Grant of Licenses

  • We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of BackTpack.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of BackTpack.com and the good will associated therewith will inure to the sole benefit of BackTpack.com.
  • Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

9.  Disclaimer

BACKTPACK LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BACKTPACK.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BACKTPACK.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

10. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL BACKTPACK.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

11. Indemnification

You hereby agree to indemnify and hold harmless BackTpack LLC, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

12. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

13. Miscellaneous

  • You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and BackTpack.com. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
  • Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
  • This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon without regard to the conflicts of laws and principles thereof.
  • You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
  • This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
  • The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
  • If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

Rev 2025:05-05