Affiliate Agreement
Terms of the agreement: This Agreement
contains the terms and conditions that apply to a participant in
our affiliate program (the "Affiliate program"). As used
in this agreement, "we"/"our/"us", means
"our company" and "you"/"your" means
the "affiliate/applicant", "site" refers to
a World Wide Web site.
To begin the enrollment process, you
will submit a complete affiliate application form. We will evaluate
your application in good faith and will notify you of your acceptance
or rejection, usually within 24 hours. (You can re-apply at any
time).
We may reject your application if we
determine, in our sole discretion, that your site is unsuitable
for the Affiliate program.
Unsuitable sites include, for example,
sites that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age
- promote illegal activities or violate intellectual property rights
- or from applicants who we prefer not to be associated with
We grant you a non-exclusive, revocable
right to use our present banners and other such images for which
we grant express permission, for the purpose of identifying your
site as an Affiliate program participant and linking to our site.
You may not modify the banners or any of our images in any way without
our express permission.
We reserve all of our rights to our
trade names and trademarks and all other intellectual property rights.
SPAM (unsolicited email)
We will not tolerate the sending of
unsolicited bulk emails which promote, or make reference to us,
or any of its associated companies, partners, or employees. Other
prohibited forms of advertising include postings to non-commercial
newsgroups and cross-posting to multiple newsgroups at once. In
addition, affiliates may not advertise in any way that effectively
conceals or misrepresents their identity, their domain name, or
their return email address.
Any affiliate who, in our opinion,
breaches this ruling will have their Affiliate status cancelled
immediately and any and all outstanding commissions WILL BE FORFEITED.
Stay Safe, Don't SPAM.
UNPROFESSIONAL CONDUCT
Our company and our associated companies
operate with the strictest codes of professional conduct. Any Affiliate
who brings us or its associates into disrepute, or who promotes
any form of slander, racism, or unfair business practices, will
have their affiliate status cancelled and any outstanding commissions
WILL be forfeited. We reserve the right to reject any affiliate
application if in our opinion, that person or company violates established
laws or commonly held standards of decency. An affiliate, who ignores
warnings to cease and desist any activities we deem negligent, inappropriate,
or harmful, will be terminated.
ORDER PROCESSING
We will be solely responsible for processing
every order for our products. Customers will use our secure online
ordering process. Order forms, payment processing, shipping, cancellations,
returns, and related customer service are our responsibility.
All of our rules, operating procedures
and policies regarding customer orders and accounts will apply to
orders we receive through special links on your site. We reserve
the right to reject any order that does not comply with our rules,
operating procedures and policies.
Every customer who buys a product through
this Affiliate program is deemed to be a customer of ours. You do
not have the authority to make or accept any offer on our behalf.
All our policies regarding customer orders, including product availability,
pricing, and problem resolution, will apply to these customers.
We are not responsible for any representations made by you which
contradict our policies. (See "Policies/Contact" link
at bottom)
TRACKING OF SALES
We will be solely responsible for tracking
sales we make to customers who follow links from your website. We
use Interneka Affiliate.
Statements of your sales activity will
be available to you in "real-time" with a special URL
that we assign to you, accessible 24 hours per day and 7 days per
week. You may access these stats via a password and username we
assign. Only two entities may access your stats and affiliate information.
That would be you, and us.
AFFILIATE LINKS
We will provide you with a unique identifying
URL for you to link to. Each sale or referral that is generated
from this URL will be attributed to you. You will have access to
your own private section to check your stats in Real Time. Your
links to the unique URL can be text links or banner links, or a
combination of the two, at your sole discretion. If you choose banner
links, you must use our banners. We will provide you with a URL
of all our banners, from which you can freely choose. You may add
as many links to our website, or remove such links, at anytime and
without prior approval from us.
We will provide you with instructions
on how to properly format the links. You are responsible for ensuring
the links are formatted correctly. This will ensure accurate tracking
of sales for credit to your account. Every effort will be made to
ensure that our site is functional and available for customers referred
to our site through your "affiliate link".
We have NO responsibilities with regard
to your site. We will have no liability for any indirect, incidental,
special or consequential damages or any loss of revenue or profits
arising under or with respect to this agreement or the Affiliate
program. In addition, our aggregate liability arising under or with
respect to this agreement or the Affiliate program shall in no event
exceed total referral fees paid or payable to the affiliate under
this agreement.
TERM OF THE AGREEMENT
The term of this agreement will begin
upon our acceptance of your affiliate program application and your
placement of our banner or textual link on your site and will end
when terminated by either party. Either you or we may terminate
this agreement at any time, by giving the other party written notice
of termination. This will be in the form of "email". You
can only earn referral fees on sales occurring during the term.
We will never withhold any payment due.
Upon termination of this agreement,
the former affiliate must remove all affiliate links and graphics
from its web site, and refrain from publishing same in any manner
whatsoever.
INCOME TAX LIABILITY
You must understand and agree that
you are acting as an independent contractor and as such will be
responsible for your own Income Taxes and any other tax liabilities
that affect the sales of our products in your state. By law, any
commissions in excess of five hundred ninety nine ($599) dollars
must be reported by us on a Federal Tax form (that's why we ask
for your SSN-social security number). You will be sent this form
and are required to sign and return to us before any 'further payment'
to you can or will be made.
MODIFICATION
We may modify any of the terms and
conditions contained in this Agreement, at any time and in our sole
discretion, by posting a new agreement on our site. Any modifications
will ALSO be notified, by email, to all participating affiliates.
If any modification is unacceptable to you, you may terminate this
agreement. Your continued participation in the affiliate program
following notification of our new affiliate program will constitute
binding acceptance of the change.
CONFLICTS AND DISPUTES
As with any Affiliate program, a conflict
or dispute may occasionally arise due to tracking, orders, commission
calculation, performance issues, and appeals regarding "termination
for cause".
- If a concern should arise, send an
email stating your full name, your affiliate ID, your address and
state the specifics of your concern. Include any dates or numbers
that apply. We will investigate immediately and will reply as soon
as possible.
- Though we will be more than willing
to settle the dispute in as fair a manner as possible we realize
this situation may arise. In this case we will be open to mediation
or arbitration to settle the matter.
- We have NOT pre-selected a mediator
or arbitrator. Should one be needed we will select a non-biased,
third party moderator.
This concludes the agreement. Thank
you for taking the time to read it carefully. We look forward to
working with you.
By signing up for our affiliate program,
you are in effect, agreeing to the above "Affiliate Agreement."
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