Affiliate Agreement
This Agreement contains the complete terms and conditions that apply to
your participation in our Affiliate Program. As used in this Agreement,
"we" or "us" refers to Our Company, Inc. and "you" refers to the
applicant. You must be 18 years of age or older to enter into this
Agreement with us.
How Do I Enroll in Your Affiliate Program? To begin
the enrollment process you must submit a completed Affiliate Program
application. Upon receipt of your application we will evaluate it and
notify you of its acceptance or rejection. Although we hope your
application will be successful, we reserve the right to reject
applications for any or no reason. For example, we may reject your
application if we determine that your site is unsuitable for the
Program, including if it:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to
infringe on any copyright, trademark or other intellectual property
rights or to violate the law
- Includes "Our Company.com" or variations or misspellings thereof
in its domain name
- Is otherwise in any way unlawful, harmful, threatening,
defamatory, obscene, harassing, or racially, ethnically or otherwise
objectionable to us in our sole discretion.
- Purchase or bid for placement of any of Our Company.com 's
trademarked company names. These names include: (Our Company - Our
Company.com) and any variation of our trademarked name.
If we reject your application, you are welcome to reapply to the
Program at any time. You should also note that if we accept your ap
plication and your site is later
determined (in our sole discretion) to be unsuitable for the Program,
we may terminate this Agreement at any time. We will not be liable to
you for any costs, damages or lost profits as a result of our
termination of this Agreement.
How Do I Link My Site Our Company.com? Once we notify
you that your application has been accepted, we will make available to
you banner advertisements, buttons and/or text links to our site. The
links we may make available could be in the form of:
- A logo that links your home page to ours
- A picture of one or more of our products that links your site to
the page on ours where such products are offered
- A search box that permits your visitors to link directly to a
page on our site that contains the results of their search queries.
These links will allow your visitors to enter our site and enable us to
keep track of the sales you may earn if they purchase products from us.
If we accept your application, we will provide you with instructions
describing how to include and maintain links to our site. To permit
accurate tracking, and reporting the links we provide you are in a
special "tagged" link format, or "Tagged Links". You are responsible
for ensuring that each of the links between your site and our site is a
Tagged Link. You agree not to modify the Tagged Links in any way.
How are Customer Orders Processed? We will process
orders placed by customers who enter our site via Tagged Links. We
reserve the right to reject any orders that do not comply with our
policies or conditions at the time of the order. We will be responsible
for all aspects of order processing and fulfillment. Among other
things, we will prepare order forms, process payments, cancellations
and returns and handle customer service. We will track sales made to
customers who purchase using Tagged Links and will make available to
you reports summarizing this sales activity. The form, content,
frequency and method of delivery of the reports may vary from time to
time in our sole discretion.
How Do I Get Paid? We will pay you when visitors from
your site use the Tagged Link to purchase products from us. Referral
fees are calculated based on a percent of the "Net Sales" from
"Qualifying Purchases" made during a "Session". The percent is
specified in referral fee schedules to be established by us. "Net
Sales" shall mean gross shipped sales from Qualifying Purchases less:
Returns Postage, shipping and handling charges Sales, use or other like
taxes "Qualifying Purchases" shall mean a purchase of a product offered
on our site that meets the following criteria: The purchase must be
completed on our site. The purchase must be made via a valid credit
card. No phone orders. The ship-to address must be a domestic U.S.
address. The purchase must be completed during a "Session" (defined
below). "Session" shall mean the period beginning upon a visitor's
entry to our site via a Tagged Link (regardless of whether the visitor
leaves and then returns to the site) and ending 7 days thereafter if
the visitor accepts "cookies" from our site (see explanation below).
Any Session in progress will automatically terminate upon the
expiration or termination of this Agreement or upon the visitor
deleting our cookie. Note regarding Net Sales - Net Sales include only
"shipped" sales. Orders entered for which the product does not ship are
not reported as sales. Note regarding "Cookies": To keep track of the
Session, we use a small text file called a "cookie" that is placed on
the hard drive of the visitor's computer. Some web browsers permit
users to elect not to receive cookies. Only visitors who accept cookies
can be tracked for referral fees. You understand that no referral fee
can be paid for any purchase made by a visitor who does not accept
"cookies" or who has deleted our "cookies" during a session.
How Much Do I Get Paid? We will pay you up to 100% of
all sales, depending on the product. The standard commission on
Nicheology is 33% both on recurring and onetime payment options.
Who Sets the Policies and Pricing for Customers?
Customers who buy products through this Program will be deemed to be
our customers. Accordingly, all rules, policies, and operating
procedures concerning customer orders, customer service and product
sales from and by Our Company.com will apply to those customers. Also,
the terms, conditions and policies of our site will apply to the
visitors' conduct and their rights and obligations while visiting our
site. We have the right to change our policies and operating procedures
at any time. For example, we will determine the prices to be charged
for products sold under this Program in accordance with our own pricing
policies. Because product prices and availability may vary from time to
time, we cannot permit you to include pricing or product descriptions
on your site independent of the materials we provide in the Links. We
will use commercially reasonable efforts to present accurate
information, but we cannot guarantee the availability or price of any
particular product. You are responsible for periodically visiting,
reviewing and becoming familiar with the terms and conditions sections
of the Our Company.com site, which are incorporated into this Agreement
by reference
Ownership and License. We hereby grant you a limited,
non-exclusive, nontransferable, non-sub licensable, revocable right to
use the graphic images and text we are providing to you solely for the
purpose of creating links from your site to ours. You may not modify
the graphic image or text, or any other of our images, in any way, or
engage in "site framing" or similar processes. We reserve all of our
rights in the graphic image and text, any of our trade names,
trademarks, domain names, copyrights trade dress and any other
intellectual property rights. You agree to follow our guidelines for
use of our trademarks, as those guidelines may change from time to
time, in addition, you agree not to use our trademark in any search
engine keyword optimization. We may revoke your license at any time by
giving you written notice. You also agree that you shall use the Tagged
Links only in order to link to our site and to promote your ability to
do so pursuant to this Agreement. You agree that you shall not present
the Tagged Links or any images comprising them in combination with any
other name or mark, in connection with your own goods or services, or
in any manner that may suggest or imply that you or your goods or
services are supplied by, sponsored by, endorsed by or affiliated with
us.
You are Responsible for Your Site. You will be solely
responsible for the development, operation and maintenance of your site
and for all materials that appear on your site. For example, you will
be solely responsible for:
- The technical operation of your site and all related equipment ·
posting and maintaining links to our site
- The accuracy and appropriateness of materials posted on your site
- Ensuring that materials posted on your site do not violate or
infringe upon the rights of any third party (including, for example,
copyrights, trademarks, privacy, or other personal or proprietary
rights)
- Ensuring that materials posted on your site are not libelous or
otherwise illegal We disclaim all liability for these matters.
Further, you will indemnify and hold us harmless from all claims,
damages, and expenses (including, without limitation, reasonable
attorneys' fees) relating to the development, operation, maintenance,
and contents of your site.
How Long is the Term of this Agreement? The term of
this Agreement will begin upon our acceptance of your application and
will end when terminated by either party. Either you or we may
terminate this Agreement at any time, with or without cause, by giving
the other party notice of termination in accordance with the notice
provision of this Agreement. Upon the termination of this Agreement for
any reason you will immediately cease use of, and remove from your
site, all links to our site, and all Our Company.com or Our Company.com
trademarks, trade dress and logos, and all other materials provided by
or on behalf of us to you pursuant hereto or in connection with the
Program. You are only eligible to earn referral fees on Qualifying
Purchases occurring during the term, and referral fees earned through
the date of termination will remain payable only if the related orders
are not canceled or returned. We may withhold your final payment for a
reasonable time to ensure that the correct amount is paid.
Can this Agreement be Modified? We may modify any of
the terms and conditions contained in this Agreement, at any time and
in our sole discretion, by posting a change notice or a new agreement
on our site. Modifications may include, for example, changes in the
scope of available referral fees, referral fee schedules, payment
procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO
YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING THREE DAYS AFTER OUR POSTING OF
A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
What is the Legal Nature of our Relationship? You and
we are independent contractors, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties. You
will have no authority to make or accept any offers or representations
on our behalf. You will not make any statement, whether on your site or
otherwise, that reasonably would contradict anything in this Section.
This is a binding contract between you and us. By completing the
application and by clicking on the "Agree" button below, you indicate
your willingness to be bound by this Agreement.
Our Liability to You is Limited. We will not be liable
for indirect, special, or consequential damages (or any loss of
revenue, profits, or data) arising in connection with this Agreement or
the Program, even if we have been advised of the possibility of such
damages. Further, our aggregate liability arising with respect to this
Agreement and the Program will not exceed the total referral fees paid
or payable to you under this Agreement.
More "Fine Print" We make no express or implied
warranties or representations with respect to the Program or any
products sold through the Program (including, without limitation,
warranties of fitness, merchantability, non-infringement or any implied
warranties arising out of a course of performance, dealing, or trade
usage). In addition, we make no representation that the operation of
our site or the links or Tagged Links will be uninterrupted or
error-free, or will not be re-routed or "black holed." As a result, we
might temporarily be unable to capture information regarding Tagged
Links. We will not be liable for the consequences of any such
interruptions or errors. The Program is intended for commercial use
only. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO
ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME
(DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS OR MAINTAIN
AFFILIATES ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS
AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF
PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION,
GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Notices to you are effective if provided in writing to the postal
addresses, electronically to the e-mail address set forth in the
application or if posted on our website.
Become an
Affiliate
|
