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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals policy, p3p, posting, website refer, referral, marketing, payment Company AFFILIATE TERMS AND CONDITIONS The purpose this Agreement hereafter referred the Agreement set forth Company Affiliate Terms and Conditions Terms and Conditions This Agreement contains the complete terms and conditions that apply your participation affiliate the Affiliate Program Company and the establishment links from your affiliate web site our web site Domain used this Agreement our Company means Company and you your means the Affiliate and Product means any and all items offered for sale the Company web site THIS LEGAL AGREEMENT BETWEEN YOU AND Company CLICKING THE AGREE BUTTON THE AFFILIATE APPLICATION YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ THE AFFILIATE AGREEMENT AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE THIS AFFILIATE AGREEMENT AND YOU AGREE BOUND THE TERMS HEREOF Enrollment the Affiliate Program begin the enrollment process you will submit completed Affiliate Application via our web site Once your application has been approved you will receive your affiliate code and password allow you start marketing the Company products may reject your application determine our sole discretion that your site unsuitable Affiliate for any reason including but not limited your site incorporates images content that any way unlawful harmful threatening defamatory obscene harassing racially ethically otherwise objectionable such sites that facilitate illegal activity depict sexually explicit images promote violence promote discrimination based race sex religion nationality disability sexual orientation age promote illegal activities incorporate any materials that infringe assist others infringe any copyright trademark other intellectual property rights collectively Content Restrictions Using Our Links Your Site Link means hyperlink the Company web site that copied and pasted from your individual password protected affiliate administration area our site the HTML code altered any way after copying from that web page take responsibility for you receiving credit for any sale Any change you make may cause the tracking longer function correctly affiliate site Affiliate Site will make available you banners button links our web site and text links our web site containing Company logo and words identifying Company using the links you agree that you will take full responsibility maintaining all such links All Affiliate Sites shall display such graphic images prominently throughout your site you see fit and with our consent You shall not alter modify expand the links any way without our written consent Each link connecting users your web site our web site will way alter the look feel functionality our web site have the right our sole discretion monitor your web site any time and from time time determine you are compliance with the terms this Agreement Affiliate should place the appropriate copyright and trademark notices You are allowed use the prices the Company products your web site but you are responsible for keeping your information pricing date Company from time time will post specials discounts change product pricing their sole discretion Order Processing will responsible for providing all information necessary allow you make appropriate links from your web site our web site However all links must approved Company will process orders placed customers who follow the links from your web site the Company web site reserve the right reject orders that not comply with certain requirements that periodically may establish will solely responsible for all aspects order processing and fulfillment including order entry payment processing shipping and handling cancellations returns and related customer service will track the volume and amount sales generated your web site and will make unaudited reports available for your review through your affiliate account our web site The form content and frequency the reports may vary from time time our discretion permit accurate tracking reporting and fee accrual you must ensure that the links between your web site and our web site are properly formatted your sole responsibility ensure that the links that you have placed your web site are always working properly Commissions Commissions Commission Rate trackable online sales are paid net sales the net the remaining amount after any these deductions sales tax duty shipping handling credit card fees and similar charges and not including any portion payment made through the redemption gift certificates coupons credits The Commission Rate subject change any time from time time our sole and absolute discretion You will notified any change the Commission Rate Commissions will also reduced for amounts due credit card fraud bad debts cancellations charge backs and credits for returned goods commission will paid only the visitor our web site tracked the system from the time the link the time the sale commission will paid the visitor our web site cannot tracked our system Affiliate and Net Sales Percentage Insert 1st tier Commission Policy Structure Here Insert 2nd tier Commission Policy Structure Here The above fee schedule subject change without notice Our cookies are non expiring repeat visitors that not come directly from your web site will still count toward your commissions the cookie not otherwise removed the user For sale generate commission the customer must follow the link from your web site our web site purchase the Product Products question using our online ordering system accept delivery the item the shipping destination and remit full payment Commission Payment Commissions sales are paid net sales actually collected from customers Orders are not eligible for commission due credit card fraud bad debts cancellations charge backs and credits for returned Products commission has been paid the commission will deducted from future commissions Commissions will paid days after the order fulfilled All commissions are paid the end any given month The Commission base subject change any time from time time our sole and absolute discretion You will notified any change the Commission base All commissions payments are made through PayPal com unless special arrangements are made for affiliates who not have access PayPal com You agree that you are solely responsible for all tax obligations due all taxing authorities arising from connection with your participation our Affiliate Program Company shall not withhold any taxes any kind from your commission checks Company not responsible for resending lost missing payments past days from payment date Reports Sales You will given password and have the ability enter password protected web site receive your sales statistics daily basis Policies and Pricing Customers who buy Product through the Affiliate Program will deemed customers Company Accordingly all Company rules policies and operating procedures concerning customer orders customer service and sales will apply those customers may change our policies and operating procedures any time For example will determine the prices charged for Product sold under the Affiliate Program accordance with our own pricing policies Product prices and availability may vary from time time Because price changes may affect items that you already have listed your web site you will responsible for maintaining the correct current prices your web site all times will use commercially reasonable efforts present accurate information but cannot guarantee the availability price any particular Product Non Exclusive Limited License and Use Company Logos and Trademarks grant you non exclusive non transferable revocable right access our web site through links solely accordance with the terms this Agreement and solely connection with such links use our logos trade names trademarks and similar identifying material collectively Marks solely for the purpose selling Product your web site for Company You may not alter modify change the Company logos trademarks any other text content provided you through the Company affiliate section The use any the logos trademarks text content are only extended members good standing the Company Affiliate Program you see logos trademarked items text content that not the materials available affiliates the marketing section and you wish use your web site you may not use them without prior written permission Permission not construed Company giving you any legal ownership rights these logos trademarks text content Company own use any logos trademarks text content the display marketing Company products does not automatically make acceptable for affiliates assume usage same materials considered acceptable use such materials for promotion Company products Affiliates should assume that ONLY materials directly made available from Company Affiliate for the purpose selling product for Company shall acceptable use The rights granted you pursuant this section shall terminate upon the effective date the expiration termination this Agreement Additionally reserve the right secure the highest position pay per click and pay per position search engines and advertising sites submitting bid for URLs other search terms considered trademarks sales marks service marks registered trademarks registered URLs any variations abbreviations same Company time shall you submit bids use other methods that would cause listings for your site rank higher than Company rankings for trademarks sales marks service marks registered trademarks registered URLs any variations abbreviations same Company Publicity Email and Spam Policies You shall not create publish distribute permit any written material that makes reference Company without first submitting such material and receiving our written consent careful about your advertising methods using email Company will not tolerate any forms Spam will hear both sides Spam complaint but will remove one affiliate before risk all affiliates losing email privileges the event affiliate charged with spamming practices Company shall not held liable for any legal action taken against said affiliate nor financially responsible for fines owed said affiliate Responsibility for Your Site You will solely responsible for the development operation and maintenance your web site and for all materials that appear your web site shall have responsibility for the development operation and maintenance your web site and for all materials that appear your web site You hereby represent and warrant that materials posted your web site not violate infringe upon the rights any third party including for example copyrights trademarks privacy other personal proprietary rights and that materials posted your web site are not libelous otherwise illegal You must have express permission use copyrighted material owned another party other proprietary material will not responsible you use copyrighted material from another party other proprietary material violation the law Term the Agreement The term this Agreement will begin when your affiliate application has been received Company through the Company web site and you have accepted the Terms and Conditions this Agreement This Agreement will end when terminated either party The Agreement may terminated Company the affiliate for any reason upon thirty days prior email written notice immediately upon notice any breach the provisions this Agreement Upon termination you may longer use Company banners images content trademarks etc your web site provide hyperlinks the Company web site this Agreement terminated because you have violated the terms this Agreement this Agreement terminated because your web site becomes subject the Content Restrictions set forth Section you are not eligible receive any commission payments even for commissions earned prior the date termination this Agreement terminated for any other reason you are eligible earn commission only sales occurring during the term the Agreement and commissions earned through the date termination will remain payable only the related orders are not canceled returned reserve the right withhold your final payment for reasonable time ensure that the correct amount paid Modification may modify any the terms and conditions contained this Agreement any time and our sole discretion Notice any change email your address our records the posting our web site change notice new agreement considered sufficient notice for notifying you modification the terms and conditions this Agreement Modifications may include but are not limited changes the scope available commission fees commission schedules payment procedures and Affiliate Program rules All such modifications shall take effect hours after serve notice provided above unless indicate otherwise any modification unacceptable you your only recourse terminate this Agreement Your continued participation the Affiliate Program following our posting change notice new agreement our web site will constitute binding acceptance the change Relationship Parties You and Company are independent contractors and nothing this Agreement will create any partnership joint venture agency franchise sales representative employment relationship between the parties You will have authority make accept any offers representations our behalf You will not make any statement whether your site otherwise that reasonably would contradict anything this Section Limitation Liability will not liable for indirect incidental special consequential punitive multiple damages including without limitation any damages resulting from loss use loss business loss revenue loss profits loss data arising connection with this Agreement the Affiliate Program Company performance services any other obligations relating the Agreement even have been advised the possibility such damages Further our aggregate liability arising with respect this Agreement and the Affiliate Program will not exceed the total commissions paid payable you under this Agreement The foregoing limitation liability shall apply regardless the cause action under which such damages are sought Disclaimers make express implied warranties representations with respect the Affiliate Program any Product other items sold through the Affiliate Program including without limitation warranties fitness for particular purpose merchantability non infringement any implied warranties arising out course performance dealing trade usage addition make representation that the operation our web site will uninterrupted error free and will not liable for the consequences any interruptions errors Representations and Warranties You hereby represent and warrant that this Agreement has been duly and validly executed and delivered you and constitutes your legal valid and binding obligation enforceable against you accordance with its terms and that the execution delivery and performance you this Agreement are within your legal capacity and power have been duly authorized all requisite action your part require the approval consent other persons and neither violate nor constitute default under the provision any law rule regulation order judgment decree which you are subject which binding upon you the terms any other agreement document instrument applicable you binding upon you Confidentiality may disclose you certain information result your participation part the Affiliate Program which information consider confidential herein referred Confidential Information For purposes this Agreement the term Confidential Information shall include but not limited any modifications the terms and provisions this Affiliate Program Agreement made specifically for your site and not generally available other members the Affiliate Program web site business and financial information relating Company customer and vendor lists relating Company and pricing and sales information for Company and any members the Affiliate Program other than you Confidential Information shall also include any information that designate confidential during the term this Agreement You agree not disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not utilized directly indirectly you for your own business purposes for any other purpose except and solely the extent that any such information generally known available the public same required law legal process make warranty expressed implied with respect any information delivered hereunder including implied warranties merchantability fitness for particular purpose freedom from patent trademark copyright infringements whether arising law custom conduct the accuracy completeness the information and shall not have any liability you any other person resulting from your third party use the information Indemnification You hereby agree indemnify defend and hold harmless Company its shareholders officers directors employees agents affiliates successors and assigns from and against any and all claims demands losses liabilities damages expenses including attorney fees and costs any nature whatsoever incurred suffered collectively the Losses far such Losses actions respect thereof arise out are related are based any claim threatened claim that our use the Affiliate Trademarks infringes the rights any third party the breach any representation warranty made you herein any claim related your web site Independent Investigation YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE ALL ITS TERMS AND CONDITIONS YOU UNDERSTAND THAT MAY ANY TIME DIRECTLY INDIRECTLY SOLICIT CUSTOMER REFERRALS TERMS THAT MAY DIFFER FROM THOSE CONTAINED THIS AGREEMENT OPERATE WEB SITES THAT ARE SIMILAR COMPETITIVE WITH YOUR WEB SITE YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY PARTICIPATING THE AFFILIATE PROGRAM AND ARE NOT RELYING ANY REPRESENTATION GUARANTEE STATEMENT OTHER THAN SET FORTH THIS AGREEMENT Miscellaneous This Agreement will governed the laws the United States and the State State without reference rules governing choice laws Any action relating this Agreement must brought the federal state courts located City State and you irrevocably consent the jurisdiction such courts You may not assign this Agreement operation law otherwise without our prior written consent Subject that restriction this Agreement will binding inure the benefit and enforceable against the parties and their respective successors and assigns Our failure enforce your strict performance any provision this Agreement will not constitute waiver our right subsequently enforce such provision any other provision this Agreement THIS LEGAL AGREEMENT BETWEEN YOU AND Company CLICKING THE ACCEPT BUTTON THE AFFILIATE APPLICATION YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE THIS AFFILIATE NETWORK AGREEMENT AND YOU AGREE BOUND THE TERMS HEREOF you agree then sign Company Affiliate
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Affiliate Terms Policy Template
