Program Application


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    Conversion action Online purchase with processed valid payment
    Attribution Window 5 days
    Commission type Percent of Sale
    Base commission 20.00%
    Additional terms Affiliate shall be entitled to a twenty percent (20%) commission on undisputed Net Sales amounts received by AXIL from sales originating from Affiliate’s Channels. “Net Sales” shall be defined to mean the total invoice price to the customer, less: (1) discounts, (2) allowances, (3) freight/shipping, (4) trade-outs for advertising, (5) sales and excise taxes, and (6) returns.

    This Agreement ("Agreement") is entered into by and between AXIL, LLC (AXIL), a Utah limited liability company, and the Marketing & Sales Affiliate ("Affiliate").  WHEREAS, AXIL is in the business of manufacturing and selling hearing enhancement, 
    protection, audio and other products, as it deems fitting; WHEREAS, Affiliate is in the business of promoting various offers to their audience(s); WHEREAS, AXIL desires to appoint Affiliate as non-exclusive independent affiliate promoter to help sell certain products of AXIL, and build the AXIL brand and online reputation, as fully described herein, and Affiliate desires to accept said 
    appointment; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

    1. Appointment
    AXIL appoints Affiliate as a non-exclusive sales Affiliate to promote and sell the products 
    of AXIL as listed in Exhibit "A" ("Authorized Products") to current and future customers of 
    AXIL and/or Affiliate. AXIL reserves the right to: (a) appoint other affiliates to help 
    promote Authorized Products in any Territory; (b) sell Authorized Products directly to any 
    AXIL customers in any Territory; (c) sell its other products not listed in Exhibit "A" in any 
    Territory through other affiliates or independent sales representatives or through direct 
    sales by AXIL.

    2. Acceptance of Appointment
    Affiliate hereby accepts such appointment and agrees to use his or her best efforts to sell 
    and promote (which is defined to mean to solicit purchase orders as more fully described 
    herein) Authorized Products, subject to the provisions and conditions of this Agreement. 

    3. Solicitation of Purchases
    Affiliate shall promote AXIL offers to its customers, prospects, and audiences by 
    directing them through online links, etc., to complete purchases of AXIL products. 
    AXIL shall have the absolute right to accept or reject the purchase orders for any reason. 
    AXIL shall also have the absolute right to extend or deny credit, should credit be offered 
    at all, and to determine which customers may purchase on credit terms on any purchase. 
    AXIL shall not under any circumstances be liable to Affiliate for a loss of commissions or 
    other damages in event that, for any reason, AXIL rejects a purchase order or fails or 
    refuses to fill a purchase order.

    4. Price Quotation
    Each quotation on bulk sales opportunities given by AXIL to Affiliate for Authorized 
    Products shall be valid for a period of 30 days. If AXIL accepts a purchase order within 
    the quotation period, the price and terms of the sale shall be in accordance with said 
    quotation.

    5. Payment of Commissions
    5.1 As sole compensation for his or her efforts on behalf of AXIL, Affiliate shall be
    entitled to twenty-two and one-half percent (22.5%) commission on any payment 
    remitted by Customer and applied to Net Sales of the Authorized Products sold by 
    Affiliate. "Net Sales" shall be defined to mean the invoice price to the customer, less: 
    (1) discounts; (2) allowances; (3) freight; (4) trade-outs for advertising; (5) sales and
    excise taxes; and (6) returns.

    5.2 Affiliate will not be entitled to commission on: (1) sales of the Authorized Products by 
    other affiliates’ sales in the Territory; (2) sales by AXIL to House Accounts; or (3) 
    sales of AXIL's other products, whether through other affiliates or through direct sales 
    by AXIL. 

    5.3 AXIL reserves the right to change the commission percentage for any customer or for
    any product upon written notice to Affiliate. However, any such change shall apply 
    only to purchase orders received after written notice of the change.

    5.4 In the event that a customer returns any AXIL products, AXIL should be
    entitled to a credit against Affiliate for commissions paid on the returned products.

    5.5 AXIL will pay commissions to Affiliate by 15th day of month following the month 
    Affiliate promotions earned commissions for. For example; all April commissions will 
    be paid by May 15 and so on. Payment will be on Net Sales. 

    6. Transportation Costs
    The customer shall be responsible for the cost of shipment of product from AXIL 
    manufacturing facility to customer's ship-to address, unless outlined in agreements that 
    state Free Freight Allowed (FFA), Should the customer fail to pay according to terms of 
    said agreement(s) the customer shall be responsible for the cost of shipment.

    7. Affiliate's Cost and Expenses
    Affiliate shall be solely responsible for and shall not be entitled to any reimbursement for 
    the costs and expenses incurred in performing his or her obligations under this 
    Agreement.

    8. Term and Termination
    This Agreement shall be valid for a period of one year commencing on
    and ending on . Either party may terminate this Agreement sooner, without 
    cause and for any reason, by giving thirty (30) days prior written notice to the other party 
    of its intent to terminate the Agreement. However, the provisions of Section 11 will 
    survive any termination of this Agreement.

    9. Automatic Renewal
    This Agreement shall be automatically renewed each year for an additional one (1) year 
    term, unless either party gives written notice to the other thirty (30) days prior to the end 
    of the one (1) of its intent not to renew. The automatic renewal of this Agreement shall 
    not affect the right of either party to terminate this Agreement as provided in the previous 
    paragraph, and it is expressly understood that either party may, in its sole discretion, 
    elect not to renew this Agreement without cause or other justification.

    10. Payment Terms upon Expiration or Termination
    Within 30 days of the expiration or termination of this Agreement, AXIL shall pay Affiliate 
    any commissions due on Net Sales of Authorized Products for which AXIL received 
    payment prior to the expiration or termination of this Agreement, the Affiliate shall give to 
    AXIL a list of all outstanding quotations made by the Affiliate on AXIL's products. If any 
    of said quotations result in a sale within 30 days of termination, AXIL shall pay Affiliate a 
    commission on said Net Sales.

    11. Confidential Information
    11.1 Acknowledgement of Confidentiality. Affiliate acknowledges that AXIL has 
    developed and maintained trade secrets and other proprietary and confidential 
    business information, including, but not limited to, patterns, devices, secret 
    inventions, trademarks, trade names, patents and any other intellectual property, 
    processes, unique business methods, operating techniques and practices, 
    distribution, network and contacts, customer lists, customer requirements and order 
    information, sales pricing techniques, sourcing information, including vendor 
    identities and prices, customers7 future purchasing plan, corporate financial 
    information, financial data, targets, goals, strategies, marketing plans>
    market research, market share data, all other information treated or expressly 
    designated by AXIL products, and any other information treated or expressly 
    designated by AXIL as confidential (hereafter "Confidential Information"). Confidential 
    Information does not include (i) information already known or independently 
    developed by Independent Contractor; (ii) information in the public domain through 
    no wrongful act of Independent Contractor, or (iii) information received by 
    Independent Contractor from a third party who was free to disclose it.

    11.2 Covenant Not to Disclose. Affiliate hereby agrees that he/she shall not, without 
    prior written consent of AXIL, directly or indirectly, make known, divulge, furnish or 
    reveal to any person, firm, company, corporation or anyone else at any time, 
    including after termination of this agreement, any Confidential Information 
    whatsoever. 

    11.3 Rights upon Termination or Expiration. Upon termination or other expiration of 
    this Agreement, Affiliate agrees to immediately return to AXIL all papers, materials, 
    documents, promotional products, any "Confidential Information" as defined herein, 
    or other properties of AXIL used in performing the services under this Agreement.

    12. Injunctive Relief
    The parties acknowledge that violation of the provisions of Section 11 ("Confidential 
    Information") would cause irreparable harm to AXIL, which is not adequately 
    compensable by monetary damages. In addition to such other relief as AXIL may be 
    entitled, it is agreed that AXIL shall be entitled to seek injunctive relief from a court of 
    competent jurisdiction to prevent any actual or threatened violation of such provisions.

    13. Indemnification
    Affiliate agrees to indemnify, defend and hold harmless AXIL (including, without 
    limitation, its officers, directors , shareholders, employees, agents, successors and 
    assigns) from and against any and all claims, debts, liabilities, damages, demands, 
    obligations, costs, expenses (including, without limitation, reasonable attorneys' fees and 
    court costs), actions and causes of action in any way arising from or related to (i) the 
    breach of any of the terms of this Agreement; (ii) any act or omission of Affiliate, or any of 
    its agents, employees, or subcontractors, if any, in connection with this Agreement that 
    constitutes negligence, gross negligence, or willful misconduct; and (iii) the enforcement 
    of this indemnity.

    14. Notices
    Notices sent to either party shall be effective immediately upon delivery when
    delivered in person or by facsimile, or one (1) day after being sent by overnight courier, 
    or two (2) days after being sent by first class mail postage prepaid to the address set 
    forth below, or at such other address as the parties may from time to time give notice:
    AXIL: AFFILIATE:
    Attn: Contract Administrator
    AXIL, LLC
    13065 South 120 East / Suite 203 
    Draper, UT 84020
    Phone: (801) 566-0240

    15. Relationship of the Parties
    It is understood and agreed that Affiliate is retained only for the purposes and to the 
    extent set forth in this Agreement, and that the relationship of Affiliate to AXIL during the 
    term of this Agreement shall be that of an independent contractor and not employee. 
    Affiliate shall be responsible for the payment of any and all federal, state and local 
    personal and business income or other taxes, of any kind without any liability to AXIL. 
    Affiliate shall have the sole and exclusive control over its employees, agents, 
    representatives or subcontractors, if any, who provide services to AXIL hereunder, and 
    over the labor and employee relations policies and policies relating to wages, hours, 
    working conditions, or other conditions of it employees, agents, representatives or 
    subcontractors, if any, without any liability to AXIL. Neither party shall have any authority 
    to bind the other in any respect, except as expressly stated herein.

    16. Other Salespeople
    Affiliate shall have authority to employ other salespeople at such compensation and on 
    such other conditions as he or she may deem proper to sell Authorized Products in the 
    Territory without any liability to AXIL. Any contract made by the Affiliate with such 
    salespeople shall provide that they are the employees of the Affiliate and are to be paid 
    by him or her alone, and that in employing such salespeople, Affiliate is acting 
    individually and not as an agent or representative for AXIL.

    17. Dispute Resolution
    Except for emergency judicial relief, which may be brought at any time, any dispute, 
    controversy or claim arising out of, in connection with, or relating to this Agreement or 
    any modification or extension thereof, including any claim for damages or rescission, or 
    both, and including disputes related to the applicability or enforceability of this Section, 
    not resolved by the parties informally after good faith negotiation, ("Dispute")/ shall be 
    resolved by binding and final arbitration to be conducted by the American Arbitration 
    Association Commercial Arbitration Rules, current at the time of execution of this 
    Agreement, except that the said rules shall be modified and augmented as follows: (i) the 
    number of arbitrators shall be one; (ii) the locale for all arbitration hearings and 
    proceedings shall be in Salt Lake City, Utah.

    18. Entire Agreement and Governing Law
    This Agreement constitutes the entire agreement between the parties with respect to 
    the subject matter hereof and shall supersede all other communications and 
    agreements, whether written or oral. This Agreement may only by modified by 
    written agreement signed by both parties. It is intent of the parties that this 
    Agreement shall be construed and governed by the laws of the State of Utah.

    19. Assignability
    This Agreement shall be binding upon and inure to the benefit of the parties hereto 
    and the parties' respective successors and assigns.

    20. Invalid Provision
    Should any part of this Agreement, for any reason, be declared invalid, such decision 
    shall not affect the validity of any remaining portion. Such remaining portion shall 
    remain in force and effect as if this Agreement had been executed with the invalid 
    provision eliminated.

    21. Force Majeure
    Neither party will be liable for delay or failure to perform its obligations hereunder for so 
    long as that failure or delay is the result of an event beyond its reasonable control, 
    including without limitation, any war, fire, accident, earthquake or other casualty, or any 
    act of God or the public enemy (a "Force Majeure Event"). Upon the occurrence of a 
    Force Majeure Event, the party failing or party delaying performance shall promptly 
    notify the other party in writing, setting forth the nature of the occurrence, its expected 
    duration and how such party's performance is affected. The affected party shall use 
    commercially reasonable efforts to comply with the terms of this Agreement as soon as 
    practicable under the circumstances.

    22. Section Headings
    Section headings have been included in this Agreement merely for
    convenience or reference and are not to be considered part of, or to be used interpreting
    this Agreement.

    This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.goaxil.com (the “Site”).

    PERSONAL INFORMATION WE COLLECT

    When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

    We collect Device Information using the following technologies:

    – “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

    – “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
    – “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

    This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that https://doublesmart.digital is collecting on your visit through a universal consumer options page located at https://doublesmart.digital/Unsub/unsub.html

    Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”

    When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

    HOW DO WE USE YOUR PERSONAL INFORMATION?

    We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
    Communicate with you;
    Screen our orders for potential risk or fraud; and
    When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

    We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
    We also will use your information to send you promotional emails as well as advertising on other websites.

    SHARING YOUR PERSONAL INFORMATION

    We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store–you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

    Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

    BEHAVIOURAL ADVERTISING
    As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

    You can opt out of targeted advertising by:

    FACEBOOK – https://www.facebook.com/settings/?tab=ads
    GOOGLE – https://www.google.com/settings/ads/anonymous
    BING – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

    Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

    DO NOT TRACK
    Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

    DATA RETENTION
    When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

    CHANGES
    We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

    AXIL SMS SUBSCIPTION PROGRAM
    1. AXIL website visitors or customers may opt in to receive SMS promotional messages. Once opted in. the SMS messages may initiated by actions on the website, like signing up or making a purchase, and AXIL will periodically send SMS messages with special offers or product updates.

    2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

    3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected] or (801) 566-0240.

    4. Carriers are not liable for delayed or undelivered messages

    5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive no more than two messages per week. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

    CONTACT US
    For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected] or by mail using the details provided below:
    120 E 13065 S Suite 203
    Draper, UT 84020

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