|
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.
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.
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.
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.
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.
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. We can provide
you with banner ads or you can design your own. 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.
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.
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.
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.
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".
|
