PROUD AMERICAN STUDIOS LLC
AFFILIATE PROGRAM TERMS AND CONDITIONS
These Affiliate Program Terms and Conditions (the “Agreement”) govern your participation in the Proud American Studios LLC (“Proud American Studios,” “PAS,” “we,” or “us”) affiliate program (the “Program”). By applying to or participating in the Program, you (“Affiliate,” “you,” or “your”) agree to be bound by this Agreement.
Company Information
Proud American Studios LLC
2202 N. West Shore Blvd, Suite 200
Tampa, FL 33607, USA
Email: info@proudamericanstudios.com
1.1 Application. To join the Program, you must complete and submit the online affiliate application. We may request additional information to verify your identity, business, or promotional methods.
1.2 Acceptance or Rejection. Enrollment is not automatic. We reserve the right, in our sole discretion, to approve or reject any application for any lawful reason, including but not limited to concerns about brand fit, past conduct, or compliance with these terms.
1.3 Ongoing Eligibility. Your continued participation in the Program is conditioned on ongoing compliance with this Agreement and any Program policies posted on our website or communicated to you in writing.
2.1 Independent Contractor. You are an independent contractor and not an employee, partner, franchisee, joint venturer, agent, or legal representative of Proud American Studios. You have no authority to make or accept any offers, representations, or commitments on our behalf.
2.2 No Exclusive Rights. The Program is non‑exclusive. We may operate similar programs with other affiliates and may promote our products and services directly or through any other channels.
3.1 Permitted Channels. Unless otherwise stated in writing, you may promote Proud American Studios through:
3.2 Prohibited Conduct. You agree that you will not:
3.3 Brand Guidelines. You may only use the logos, trademarks, and creative assets we expressly provide for affiliate use. You may not alter our logos or suggest that your site or content is produced or officially endorsed by Proud American Studios, except as permitted in provided marketing copy.
3.4 FTC and Advertising Compliance. You must clearly and conspicuously disclose your affiliate relationship with Proud American Studios in all posts, pages, or communications where you promote our products or services, in compliance with the Federal Trade Commission (FTC) guidelines and any applicable laws (e.g., “As an affiliate, I may earn a commission if you join through this link.”).
4.1 Unique Links. After acceptance into the Program, you will receive unique tracking links or codes for use in your promotions. You are responsible for ensuring that your links are implemented correctly.
4.2 Tracking. Commissions are based solely on the tracking data recorded by our systems. We are not responsible for any tracking errors arising from improper link formatting, ad blockers, or user device settings.
4.3 Last‑Click Attribution and Windows. Unless otherwise specified in the Program interface, credit for a referral will typically be given to the last valid affiliate link clicked by the user within the designated tracking window (for example, 30 days). We reserve the right to adjust tracking rules and windows from time to time.
5.1 Commission Structure. The applicable commission rates, eligible products, and any bonuses or tiers will be displayed in your affiliate dashboard or otherwise communicated in writing. We may update commission rates prospectively at any time.
5.2 Qualified Referrals. You will earn commissions only on “Qualified Referrals,” which generally means:
5.3 Disqualified Transactions. We may withhold or reverse commissions for transactions that:
5.4 Payment Schedule and Method. Commissions are calculated and paid on a periodic basis (for example, monthly) once your payable balance meets the minimum payout threshold stated in your affiliate dashboard. Payments may be issued via ACH, PayPal, or another method we designate. You are responsible for providing accurate payment details.
5.5 Taxes. You are solely responsible for any taxes, fees, or other governmental charges resulting from your participation in the Program. Where required by law, we may request tax forms and may withhold applicable amounts.
6.1 Legal Compliance. You agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to consumer protection, advertising, privacy, data protection, and anti‑spam laws.
6.2 Patriotic and Security Values. Proud American Studios is committed to patriotic, pro‑American content. You agree not to use your affiliate activities to promote foreign propaganda, extremism, or material hostile to the United States Constitution or national security interests. We may terminate any affiliate relationship that we believe conflicts with these values.
7.1 Confidential Information. Any non‑public information we provide to you, including secret discount structures, conversion rates, internal policies, or technical details, must be kept confidential and used solely for your participation in the Program.
7.2 Customer Data. All customer data collected by Proud American Studios remains our sole property. You may not access, use, or store customer data beyond what is expressly permitted in writing and must comply with applicable privacy and data‑protection laws.
8.1 Term. This Agreement begins on the date we approve your application and continues until terminated by either Party.
8.2 Termination by Either Party. Either you or Proud American Studios may terminate this Agreement at any time, with or without cause, by providing written or electronic notice (including via email or the affiliate platform).
8.3 Termination for Cause. We may immediately suspend or terminate your participation and withhold unpaid commissions if we determine, in our sole discretion, that you have violated this Agreement, engaged in fraud, harmed our reputation, or acted inconsistently with our brand values.
8.4 Effect of Termination. Upon termination, you must immediately:
We may pay commissions that have accrued on Qualified Referrals through the termination date, subject to our standard review and payment schedule, or may withhold such amounts if termination is due to violation or fraud.
9.1 No Guarantee. We do not warrant that the Program, our website, tracking, or services will be uninterrupted or error‑free, and we are not responsible for technical issues, downtime, or tracking discrepancies.
9.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‑INFRINGEMENT.
9.3 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROUD AMERICAN STUDIOS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM RELATING TO THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless Proud American Studios and its owners, members, officers, employees, contractors, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your participation in the Program; (b) your breach or alleged breach of this Agreement; (c) your violation of any law or third‑party rights; or (d) your promotional content or activities.
This Agreement and any dispute arising out of or relating to it will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict‑of‑laws principles.
Subject to any separate written arbitration agreement, the exclusive jurisdiction and venue for any action arising out of or related to this Agreement shall be the state or federal courts located in the State of Florida, and you consent to the personal jurisdiction of such courts.
We may modify this Agreement or any Program terms at any time by posting an updated version on our website or affiliate portal or by notifying you via email. Continued participation in the Program after the effective date of any modifications constitutes your acceptance of the updated terms.
This Agreement constitutes the entire understanding between you and Proud American Studios regarding your participation in the Program and supersedes all prior or contemporaneous communications or agreements relating to the same subject matter.
By submitting an affiliate application, checking an “I Agree” box, or otherwise participating in the Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement and that your electronic acceptance has the same legal effect as a handwritten signature.
For any questions about these Affiliate Program Terms, please contact:
Proud American Studios LLC
2202 N. West Shore Blvd, Suite 200
Tampa, FL 33607, USA
Email: info@proudamericanstudios.com