Terms & Conditions

TERMS AND CONDITIONS 

OVERVIEW

This website is operated by Bulldog Gear. Throughout the site, the terms “we”, “us” and “our” refer to Bulldog Gear. Bulldog Gear offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

INDEX

  • SECTION 1 - ONLINE STORE TERMS
  • SECTION 2 - GENERAL CONDITIONS
  • SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
  • SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
  • SECTION 4A - SHIPPING, DISCOUNTS AND SALES
  • SECTION 5 - PRODUCTS OR SERVICES (if applicable)
  • SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
  • SECTION 7 - OPTIONAL TOOLS
  • SECTION 8 - THIRD-PARTY LINKS
  • SECTION 8A - THIRD-PARTY PAYMENT SERVICES
  • SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
  • SECTION 10 - PERSONAL INFORMATION
  • SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
  • SECTION 12 - PROHIBITED USES
  • SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
  • SECTION 14 - INDEMNIFICATION
  • SECTION 15 - SEVERABILITY
  • SECTION 16 - TERMINATION
  • SECTION 17 - ENTIRE AGREEMENT
  • SECTION 18 - GOVERNING LAW
  • SECTION 19 - CHANGES TO TERMS OF SERVICE
  • SECTION 20 - AFFILIATES
  • SECTION 21 - CONTACT INFORMATION

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 4A - SHIPPING, GIVEAWAYS, DISCOUNTS AND DISCOUNT CODES

Please note that all pre-existing and future discount codes or gift card competition wins cannot be applied to Bulldog Gear packages, Deal of the week bundles or items, metabolic equipment and third party products. This includes, but may not be limited to; Concept2, HSTL, Wattbike, and Keiser. These items within the Concept 2 and Metabolic collections are also not included in giveaways, sales or discount offers unless explicitly stated otherwise. 

Free shipping codes cannot be used on any third party products including, Concept 2, Watt Bike or Keiser products. Bulldog Gear maintains the right to cancel or refuse orders using codes applied to ineligible items.

If you choose to return your item or cancel your order after it has already been dispatched please be aware that even if you used a free shipping code for the initial delivery of your item, you are responsible for the full cost of delivery to our warehouse any additional packaging needed for its safe return. Any items damaged due to improper/unsuitable packaging will have a charge deducted from refund total, this is at the discretion of our customer service team and images will be provided.

Bulldog Gear does not currently ship beyond UK mainland, orders placed beyond this location may be cancelled or subject to additional shipping charges and import/export costs.

Free shipping or shipping discount codes cannot be combined with additional discount codes. 

Heavy items will be palletised and are CURB SIDE DELIVERY ONLY the curb side retrieval of an order sits with the customer and not with Bulldog Gear or third party logistics company or courier.

 


SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Please note that all of our palletised deliveries are curbside only, It is not the responsibility of Bulldog Gear or any third party delivery services to assist further than curbside. This does not include bringing the pallet up to, into, or around the back of a residence, just a curbside drop. It is the responsibility of the customer to retrieve their items from curbside into their property.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 8A - THIRD-PARTY PAYMENT SERVICES

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

  • Pay in 3
  • Financing

Further information and Klarnas user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the financing options for you. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement. 


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Despite every effort to replicate images as accurately as possible, slight variation in colours, textures and design may occur. Bulldog Gear will not accept responsibility for any such variations that are not factory faults. By purchasing from Bulldog Gear, you agree slight colour, texture and design variations may occur amongst products and between products and imagery. Any returns for a product due to customer dissatisfaction with a product finish (that is not a fault) will need to comply with the Bulldog Gear returns policy.


SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Bulldog Gear, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Custom Rig Notice -

We are happy to manufacture the {Custom Rigs} to your specifications. However, we would suggest that the design be independently approved by a structural engineer. If you still want us to proceed in accordance with your specification, we must let you know that we cannot accept any responsibility nor liability for the design. We make no representations as to the fitness for purpose of the {Custom Rigs} and we exclude liability to the fullest extent permitted by law. Should the {Custom Rigs} break or be damaged for any reason, you will be responsible for any loss, damage or injury caused. By purchasing you are confirming  that you are happy with the above and that you exclude us from all liability in relation to {Custom Rigs} so far as permitted by law.

Wall Mounted Rig Notice -

Bulldog Gear Ltd accepts no responsibility for the suitability of the location for the installation of the [Wall Mounted Rig]. You should seek advice from a qualified structural engineer, or similar expert, on the suitability of the wall and surrounding area to which the [Wall Mounted Rig] will be attached. Bulldog Gear installation technicians reserve the right to refuse to install any [Wall Mounted Rig] in a location that they deem, at their discretion, to be unsuitable. Should an installation be aborted due to the unsuitability of the site, the full installation fee will be payable. Bulldog Gear will not accept responsibility nor liability for any wall mounted rig or fitness apparatus that is installed by our technicians without the correct method or approval provided by a qualified structural engineer. 


SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bulldog Gear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Unit 4A, New Road Industrial Estate, New Road, Hixon, Staffordshire, ST18 0PJ, UNITED KINGDOM.


SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - AFFILIATES

This Agreement contains the complete terms and conditions upon which we offer you participation in the Bulldog Gear Affiliates Program (the "Program"). Acceptance of this Agreement by participation in the Program creates a binding legal agreement that you will use our websites, links and other property of Bulldog Gear Ltd or its partners only in a manner that is consistent with this Agreement. As used in this Agreement, "we" means Bulldog Gear, "you" means the applicant, and "our Website" means www.bulldoggear.com, and any Bulldog Gear website operated by us. Bulldog Gear Ltd

 

1. Enrolment In The Program 

The purpose of this Program is to promote the sale of products offered on our Website (the “Purpose”). To begin the enrolment process, you will submit a complete Program application via our Website. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application for any reason our sole discretion. We generally reject applications related to websites that:

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

• Promote illegal activities or are intended to harass or defame anyone;

• Include "Bulldog Gear" or variations or misspellings thereof in their domain names; or

• Otherwise violate our intellectual property rights or the intellectual property rights of others.

 

If we reject your application, you are welcome to reapply to the Program at any time. If we accept your application, we reserve the right to terminate your participation in the Program for any reason in our sole discretion immediately without prior notice.

 

2. Links On Your Website 

Once you have been notified that your Website has been accepted into the Program, you may provide on your Website one or more of the following types of links to our Website:

 

• Product Links

• Banner Links

• Search Box Links

• Text Links

• Rotating Product Links

• Data Feed Links

• General Links To Our Website Home Page

 

We will provide you with guidelines and graphical artwork to use for linking to our Website. To permit accurate tracking, reporting, and accrual of commission credits, we will provide you with special "tagged" link formats ("Special Links"). You must ensure that each link between your website and our Website is a special link. You will only earn commission on sales that originate through Special Links. We are not responsible for any failure by you to use Special Links. You may also use Special Links on social media sites (e.g.Instagram, Facebook, Twitter, Pinterest) (“Social Media Site”), provided that such use is consistent with the Purpose and terms of this Agreement.  

 

Use of Images  The product images provided to members of the Program are the property of Bulldog Gear, its corporate affiliates or its content suppliers and are protected by United Kingdom and international copyright laws. You may not use any product image in any way that exceeds the limited license granted to you by this Agreement. This limited license allows you to use product images solely for the purpose of promoting our products for sale by creating Links connecting to our Website. This means, among other things, that you may not: (a) alter, modify or manipulate any product image; (b) use a product image in any form other than the form provided by us; (c) remove any code or identifying information from any product image; (d) inactivate the link associated with any product image or cause the image to ultimately link to a destination other than our Website; or (e) link to or display images after they have been discontinued from the Bulldog Gear product catalog. 

 

3. Additional Restrictions and Prohibited Activity 

You may not, directly or indirectly:  (a) Purchase or register domains or search engine keywords, AdWords, search terms or other identifying terms that include the word "bulldoggear" or "Bulldog Gear" or any variations thereof. Variations include foreign country or other top-level domain extensions. In addition to the foregoing, you must register or establish the following negative keywords with each search engine from which you purchase or register keywords: "bulldoggear", “Bulldog Gear” and  "bulldoggear.com"." Specifically, this policy prohibits you from purchasing or registering domains or search terms such as, but not limited to, the following: 

• Our trademarks, "Bulldog", "Bulldog Gear" and "bulldoggear.com", and any keyword string that includes these terms, for example, "Bulldog Gear Equipment", "Bulldog Gear Gym Equipment", "Bulldog Gear CrossFit Equipment" etc.;

• Variations or misspellings of our trademarks 

• Any form of our trademarks, or any variation or misspelling thereof, in connection with foreign country or other domain extensions.

 

(b) Use or display "Bulldog Gear" or "bulldoggear.com" or any misspellings or variations thereof, in either the copy/advertisement or the display URL for paid search listings. Variations include foreign country or other top-level domain extensions;  

(c) Use or display any logos or trademarks owned by Bulldog Gear Ltd, or any misspellings or variations thereof, in your profile on any Social Media Site. Prohibited uses include, but are not limited to, profile and/or screen names, email addresses, profile or cover photos/images, etc.  

(d) You must follow common search engine guidelines, such as: (a) your display URL must match the ultimate actual destination URL; 

(b) you may not frame our website as a landing page; or (c) you may not create "redirects" or "jump pages" that immediately direct to our website; 

(e) Dilute, blur or tarnish the value of our trademarks, and/or products and services. (For example, you are not allowed to say that you offer better and/or more promotions, products and services than Bulldog Gear.); ??(f) Misrepresent Bulldog Gear’s brands including our URL, logos, trademarks and tradenames, or misrepresent that either you or your website are BestSelf or operated by Bulldog Gear Ltd.;  

(g) Engage in any conduct that violates the CAN-SPAM Act of 2003, as amended, or any similar privacy or data protection law of any jurisdiction; 

(h) Enable any sales to be made that are not in good faith, including, but not limited to, by means of any device, public coupon site, program, robot, Iframe, hidden frame or redirect; 

(i) Use any device or technology that will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner a Web user's access, view or usage of, the website of any affiliate of ours in a manner that causes or otherwise results in a different experience from what was otherwise intended by our affiliate; or  

(j) Use any device or technology that will block, alter, direct, redirect, substitute, insert, append itself to, or otherwise intercept or interfere in any manner with any click through or other traffic-based transaction that originated from the website of any affiliate of ours with the result of reducing any compensation or other payment earned by or owing to such affiliate.  

(k) Issue or post any press release or other broad-based communication regarding your participation in the Program without our consent. Notwithstanding the foregoing, you may promote your website via mailings to recipients who are already customers or subscribers to your website's services, provided that the recipients have the option to remove themselves from future mailings and that you otherwise comply with all applicable laws of your jurisdiction. Further, you may promote your website via newsgroup postings to newsgroups that specifically welcome commercial messages (when in doubt, consult the newsgroup FAQ or moderators to be sure that such a message is acceptable in that newsgroup).  We reserve the right to modify these rules at any time. If we determine, in our sole discretion, that you have violated any of the foregoing restrictions, we may (without limiting any other rights or remedies available to us) withhold any commission otherwise payable to you under this Agreement and/or terminate this Agreement. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys' fees incurred in connection therewith. 

 

4. Use of Our Trademarks 

Our trademarks include "Bulldog Gear," and "Bulldog" (the "Trademarks"). You may use the Trademarks solely for the purposes authorised by this Agreement. You may not alter graphics containing the Trademarks in any manner. For example, you may not change the proportion, colour, or font of the Trademarks. You may not display the Trademarks in any manner that implies sponsorship, endorsement by us other than of your involvement in the Program. You may not use the Trademarks to disparage our company, our products or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our goodwill in the Trademarks. You acknowledge that all rights to the Trademarks are our exclusive property, and all goodwill generated through your use of the Trademark will inure to our benefit.  If we determine, in our sole discretion, that you have violated any of the foregoing restrictions, we may (without limiting any other rights or remedies available to us) withhold any commission otherwise payable to you under this Agreement and/or terminate this Agreement. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys' fees incurred in connection therewith.

 

5. Order Processing 

We will process product orders placed by customers who follow a Special Link from your website to our Website. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfilment. 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 using Special Links from your website to our Website and will make available to you reports summarising this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion. 

Certain products are excluded from the affiliate programme, therefore affiliates will not be able to earn commission through said products. These include; Zero 1 and Zero 2 products, discounted items, packages, metabolic equipment, collaborative brands and external brands such as Concept2, Keiser and HSTL.

 

6. Commission 

Subject to the terms and conditions of this Agreement, you will be eligible to earn commission on certain product sales in accordance with Sections 7 and 8 below. For a product sale to be eligible for commission credits, the customer must follow a Special Link from your website to our Website, select and purchase the product using our automated ordering system, accept delivery of the product at the shipping destination, and remit full payment to us. As a condition precedent to the right to receive any commission hereunder, you agree that you will cash or deposit any commission check sent to your address of record within 120 days of the date of the check. Any failure to cash or deposit any such check within such period will cause any commission obligations associated with such check to be void ab initio. 

 

7. Earning Commission Credits 

Standard Commission Credit Rate, you will accrue commission credits based on Qualifying Revenues according to commission credit rates established by us from time to time. "Qualifying Revenues" are revenues derived by us from our sales of products, after reduction for discounts, coupons and/or gift card redemptions, as a result of purchases made by visitors to our Website that come directly through a Special Link on your website. "Qualifying Revenues" do not include gift card purchases, shipping & handling, gift-wrapping or taxes.  For all affiliates, the commission rate is varied, this is specific to certain products. 

 

Affiliates may not sign-up websites owned, beneficially owned or directly or indirectly controlled by them. Affiliates may not directly or indirectly offer any person or entity any consideration or incentive to sign up websites to the Program.



If we determine, at our sole discretion, that you are abusing the affiliate system, we may (without limiting any other rights or remedies available to us) terminate your participation in the Program and/or withhold any commission payable to you for websites you recruited. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys’ fees incurred in connection therewith.

 

30-Day Cookie 

The Program uses a 30-day cookie. This means that if a visitor to your website clicks through a Special Link to our Website, you will be eligible for commission credits on Qualifying Revenues related to purchases made by such visitor within 30 days of such visitor’s click on the Special Link on your website. The Program also employs a last-cookie principal. This means that we will credit a sale to a different affiliate, Bulldog Gear sales channel or Bulldog Gear website if after a visitor clicks through a Special Link on your website the visitor clicks on a Special Link from such other affiliate’s website, a Bulldog Gear-sponsored advertisement or a link on one Bulldog Gear website that will take the visitor to another Bulldog Gear website.

 

8. Commission Payment 

No commission will be earned or payable unless and until you have in any given Program Year (defined below) accrued commission credits of at least £10.00. “Program Year” refers to any 12-month period beginning Oct 1 and ending Sept 30. If you do not accrue such minimum commission credit amount by the end of such Program Year, any commission credits in your account will be canceled and permanently deleted from your account. Any accrued but unpaid commission existing in your account as of the effective date of this agreement will be converted to commission credits as of the effective date of this agreement. Your acceptance of this agreement or continued participation in the Program shall constitute your assent to these terms.  Subject to the foregoing minimum annual commission credits rule, we pay commission on a monthly basis. 45 days following the end of each calendar month, for those affiliates that satisfy the minimum annual commission credit rule we will send a check equal to the commission credits accrued based on your Qualifying Revenues during that month, less any taxes that we are required by law to withhold. However, if the commission credits accrued by you for any month are less than £10.00 (for U.K. affiliates) or £20.00 for (non-U.K. affiliates), or such other minimum payout threshold you may establish through the Program account tools, we will hold payment of commission until your accrued commission credits exceed £10.00 (for U.K. affiliates) or £20.00 (for non-U.K. affiliates). If a product that generated commission credits is returned by the customer, we will deduct the corresponding commission from your next commission payment. If there is no subsequent payment, we will send you a bill for the commission.  If you accrue the minimum commission credit amount during a Program Year but less than £10.00 remains in your account as of the end of such Program Year, such credits will be carried over to the following Program Year as if they were earned on the first day of such following Program Year. As such, if you do not accrue the minimum commission credit amount during such following Program Year (including such carried over credits), such carried over credits will be canceled and permanently deleted from your account at the end of such following Program Year. Except as set forth in this Agreement, commission credits shall have no value and are not redeemable in any way for cash or merchandise. If you do not provide a completed W-9 form, taxes will be withheld from your commission checks.

 

9. Policies And Pricing 

Customers who buy products through the Program will be deemed to be customers of Bulldog Gear. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. 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. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. 

 

10. Identifying Yourself As An Affiliate 

We will make available to you a small graphic image that identifies your website as a Program participant. This logo or the phrase "In affiliation with Bulldog Gear" must be displayed conspicuously on your website. We may modify the text or graphic image of this notice from time to time. In addition, we encourage (but do not require) you to include a Special Link on your website to our home page at www.bulldoggear.com Special Rules for Endorsements:  In addition, if your website offers an endorsement of the Website and/or its products or services, you must clearly disclose your relationship as an affiliate to Bulldog Gear. Such disclosure must be in clear proximity to the endorsement itself. An “Endorsement” means any message that consumers are likely to believe reflects your opinions, beliefs, findings, or experiences regarding Bulldog Gear and/or our products or services.

 

11. Limited License 

We grant you a nonexclusive, non-sublicensable, revocable right to use the product images, graphics, logos and other content made available through the Program ("Content") solely for purposes of your participation in the Program to assist in generating product sales. Product images must be served by our Website and cannot be used in any form other than the form provided by us. You may not modify any Content in any way. We reserve all of our rights in the Content.

 

12. Responsibility For Your Website 

You will be solely responsible for the development, operation, and maintenance of your website and for all materials or content that appear on your website. Failure to remove from your website items that have been discontinued from our product catalog may result in an infringement of a third party’s intellectual property rights, for which you will be solely responsible. We strongly encourage you to check the Discontinued Product Feed (in the Special Feeds area) frequently to ensure that your website does not contain any items that have been discontinued from our product catalog.

 

13. Representations and Warranties 

You hereby represent and warrant to us as follows:

a. This Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.

b. Any information you provide to us in connection with your participation in the Program will be true and correct.

c. The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby shall not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.

d. No consent, approval, or authorisation of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby.

 

14. Term of the Agreement 

The term of this Agreement will begin upon our acceptance of your Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your website, all links to our Website, product images from our database, and any of our trademarks, trade dress or logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn commission on Qualifying Revenues occurring during the term of this Agreement, and commission earned through the date of termination will remain payable subject to Section 8 above, 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. 

 

15. Modification 

We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion by posting a change notice or a new agreement on our Website. Modifications may include, for example, changes in the scope of available commission credits, commission credit rates, payment procedures, and Program rules. We typically announce substantive changes to the terms of this agreement by email. 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 Website will constitute your binding acceptance of the change. 

 

16. Relationship Of Parties 

You and we 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 website or otherwise, that reasonably would contradict anything in this Agreement. 

 

17. Limitation Of Liability; Indemnification 

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, 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 commission fees paid or payable to you under this Agreement within the last six (6) months.  Unless you notify us of an asserted discrepancy in your commission payments within six (6) months from the date of the applicable payment, such payment shall be deemed accepted and no protest shall be allowed. You hereby agree to indemnify and hold harmless Bulldog Gear Ltd. 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 (a) any claim that your use of any trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (c) any claim related to your Website, including, without limitation, content therein not attributable to us. Some items may be excluded from 

 

18. Disclaimers 

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 our Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at Customer.service@bulldoggear.com