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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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