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I accept these terms and wish to register now
Affiliate Program
Agreement
This Agreement, made and entered by and between
PRECISION MARKETING SOLUTIONS, INC DBA AMERICANFLAGS.COM ("AMERICANFLAGS.COM"
or "we"), a New York Corporation, with its principal place of
business at PO Box 5191 Hauppauge, NY 11787, and you, the affiliate
("you" or "affiliate"), contains the complete terms and conditions
that apply to your participation in the AMERICANFLAGS.COM
Affiliate Program (the " Affiliate Program" or "Program").
1. Terms of the Agreement
The term of this Agreement will begin upon our
acceptance of your affiliate 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 written notice
of termination. You are only eligible to earn commission on sales
occurring during the term.
2. Commission Defined
For a sale which AMERICANFLAGS.COM makes as a result of
a direct referral by an affiliate, that affiliate will receive a
commission of 10% of the selling price of the product sold. A
commission fee will only be paid to an affiliate after the customer
has made payment in full to AMERICANFLAGS.COM for the sale. Any sale
returns or credits will function in the same manner, but as a
deduction to the commission due to the affiliate.
3. Termination
Upon 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 AMERICANFLAGS.COM trademarks,
logos, and all other materials provided by or on behalf of us to you
pursuant hereto or in connection with the Program.
4. Modifications to the Agreement
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 this site. Modifications may include, for
example, changes in the scope of available commission structure, 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 our
posting of a change notice or new agreement on our site will
constitute binding acceptance of the change.
5. Eligibility Restrictions
Employees of AMERICANFLAGS.COM and the immediate
family members of such employees and all persons under 18 years of age
are not eligible to participate in the
AMERICANFLAGS.COM Affiliate Program.
6. Enrollment in the Program
To begin the enrollment process, you will submit a complete
application from our site. We will evaluate your application in good
faith and will notify you of your acceptance or rejection. We may
reject your application if we determine (at our sole discretion) that
your site is unsuitable for the Program. If we reject your
application, you are welcome to re-apply to the program at any time.
You should also note that if we accept your application and your site
is thereafter determined (at our sole discretion) to be unsuitable for
the program, we may terminate this agreement without notice.
Your site should:
a) Generate sufficient traffic to our website;
b) Attract a customer base that may be interested in our products;
c) Not promote discrimination, hatred or violence based on race, sex,
religion, nationality, disability, sexual orientation, or age;
d) Not promote illegal activities, including hacking, password
cracking and warez;
e) Not violate the intellectual property rights of
AMERICANFLAGS.COM.
7. Confidentiality
Except as otherwise provided in this Agreement or with the consent of
the other party hereto, each of the parties hereto agrees that all
information, including, without limitation, the terms of this
Agreement, business and financial information, customer and vendor
lists, and pricing and sales information, concerning us or you,
respectively, or any of our affiliates provided by or on behalf of any
of them shall remain strictly confidential and secret and shall not be
utilized, directly or indirectly, by such party for its own business
purposes or for any other purpose except and solely to the extent that
any such information is generally known or available to the public
through a source or sources other than such party hereto or its
affiliates.
8. Fraud
If you commit fraud or falsify information in connection with the
registration of members in AMERICANFLAGS.COM
through the links on your site, this Agreement will be terminated
immediately. In addition, you will be liable to
AMERICANFLAGS.COM for any and all damages that
AMERICANFLAGS.COM suffers as a result of such actions. You will
also be responsible for returning to AMERICANFLAGS.COM
all commissions received for fraudulent/falsified members, and we will
not hesitate to pursue all legal causes of action against you to the
fullest extent possible under the law.
9. Limitation of Liability
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 commission paid or payable to you under this Agreement.
10. Relationship of Parties
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 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.
AMERICANFLAGS.COM may cite your name or URL in
connection with your participation in the program in materials
including but not limited to postings on our site, newsletters,
advertisements, and other communications.
11. Payment to Affiliates
a) Commissions will be paid by means of a PRECISION MARKETING
SOLUTIONS, INC Company check.
b) Commissions will be paid in U.S. dollars only.
c) Commission checks will be made payable to the order of the person
and/or company name designated on the affiliate's application at the
time of sign-up. Absolutely no exceptions will be made to this rule.
d) Commissions are accrued on a 30/31 day calendar month.
e) Commissions are calculated based on ‘Total Net Sales Generated’
(less shipping & handling charges, taxes, service charges, credit card
processing fees, returns, cancellations, chargebacks and bad debt)
amount for that month.
f) Commissions are paid on a monthly basis when the affiliate’s
account has reached a minimum threshold of $25.00. Accounts with a
balance of less than $25.00 will roll over to the next month.
g) Commission payments to the affiliate will be mailed on the 15th day
of the following month. Should the 15th day fall on a weekend, checks
will be mailed on the next business day.
h) No commission will be paid if for any reason an affiliate’s
referred visitor returns or cancels an order. If the affiliate has
already received commission for a returned or canceled order, the
earned commission will be reversed from the affiliate’s account. If an
exchange is made from an order and results in a lesser sale amount,
the earned commission will be reversed from the affiliate’s account.
The new commission amount will then be reflected. If an exchange is
made from an order and results in a greater sale amount, the
additional earned commission will be added to the affiliates account.
12. Tracking of Sales
AMERICANFLAGS.COM will be solely responsible for
tracking sales made to customers who follow an affiliate’s links or
inputs or mentions the affiliate’s code. An affiliate will be solely
responsible for ensuring that its links are formatted properly and
maintained in a manner which allows AMERICANFLAGS.COM
to track such sales. No commission shall be paid if the application
cannot be tracked by AMERICANFLAGS.COM or if the
customer accesses the AMERICANFLAGS.COM site
other than through the affiliate’s links.
13. Order Processing
AMERICANFLAGS.COM will process orders placed by
customers who follow links from your site to the
AMERICANFLAGS.COM site. AMERICANFLAGS.COM
shall be responsible for product payments, returns and related
customer service issues. AMERICANFLAGS.COM
reserves the right, in its sole discretion, to reject an order.
14. AMERICANFLAGS.COM
Return Policy
Satisfaction with our products is guaranteed. If for any reason a
visitor is not satisfied with their purchase, they may return it or
exchange it within 30 days of receipt of product. Absolutely no
returns or exchanges will be made after 30 days. Upon receipt of a
returned item, AMERICANFLAGS.COM will make the
appropriate adjustments to the affiliate’s commission fees.
15. Responsibilities of 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.
You are solely responsible for:
a) The technical operation of your site and all related equipment;
b) The accuracy and appropriateness of materials posted on your site
(including, among other things, all AMERICANFLAGS.COM
product-related materials);
c) Ensuring that materials posted on your site do not violate or
infringe upon the rights of any third party (including, copyrights,
trademarks, privacy, or other personal or proprietary rights);
d) Ensuring that materials posted on your site are not libelous or
otherwise illegal.
16. Indemnification
We disclaim all liability for these matters. Further, you will
indemnify and hold us harmless from all claims, damages, and expenses
(including, without limitation, attorneys’ fees) relating to the
development, operation, maintenance, and contents of your site.
17. Limited License
We grant you a nonexclusive, nontransferable, revocable right to
access our site through the links solely in accordance with the terms
of this Agreement, for the sole purpose of linking your site to our
site, solely for the purpose of identifying your site as a participant
in the Program and assisting in increasing traffic to
AMERICANFLAGS.COM. You may not alter, modify, or change the
links in any way. You are only entitled to use the links to the extent
that you are a member in good standing of the
AMERICANFLAGS.COM Affiliate Program. We may revoke your license
anytime by giving you written notice via email.
18. Publicity
While we encourage you to promote your involvement in the
AMERICANFLAGS.COM Affiliate Program, you shall not create,
publish, or distribute any written material that makes reference to us
without first submitting such material to us and receiving our
consent.
19. Anti-Spam Policy
AMERICANFLAGS.COM
employs a STRICT zero tolerance policy towards SPAM! Affiliates will
receive no "first warning."
The use of SPAM by any
AMERICANFLAGS.COM
affiliate will result in the immediate termination of Affiliate
Account and forfeiture of any pending commissions. Affiliate will also
be in violation of this Affiliate Agreement and subject to legal
action and will be held liable for any financial loss incurred by
AMERICANFLAGS.COM.
Any service interruptions to
AMERICANFLAGS.COM.
as a result of an affiliate spamming will be billed to the Affiliate
at a rate of $2500 U.S. dollars per hour until service is restored.
For the purpose of this agreement SPAM is defined as emailing ANYONE,
in bulk or by single mailing about
AMERICANFLAGS.COM
or distributing unsolicited commercial information via email or in
newsgroups/chatrooms which contains any reference to
AMERICANFLAGS.COM.
20. Anti-Predatory Policy
No affiliate will replace, intercept, interfere, hinder, disrupt or
otherwise alter in any manner the Web users’ access, view or usage of,
or other aspect of the Web users’ experience at, any affiliate's
webpage (as defined below) in a manner that causes or otherwise
results in a different experience from that was otherwise intended by
such affiliate.
*No Affiliate will block, alter, direct or redirect, or substitute,
insert or append itself to, or otherwise intercept or interfere in any
manner with, any click-through or other traffic-based transaction that
originated from an affiliate webpage (including without limitation any
return visit to AMERICANFLAGS.COM
to which such click-through or other traffic reached or intended to
reach) with the result of reducing compensation or other payment
earned by or owing to an affiliate or increasing any payment
obligation of AMERICANFLAGS.COM
with respect to any individual transaction.
21. Disclaimer
We make no express or implied warranties or representations with
respect to the AMERICANFLAGS.COM
website or the AMERICANFLAGS.COM
Affiliate Program (including, without limitation, warranties of
fitness, merchantability, no infringement, or any implied warranties
arising out of course of performance, dealing, or trade usage). In
addition, we make no representation that the operation of our site
will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
22. Miscellaneous
This Agreement will be governed by the laws of the United States and
the State of New York, without reference to rules governing choice of
laws. Any action relating to this Agreement must be brought in the
federal or state courts located in Suffolk County, New York and you
irrevocably consent to the jurisdiction of such courts. You may not
assign this Agreement, by operation of law or otherwise, without our
prior written consent. Subject to that restriction, this Agreement
will be binding on, inure to the benefit of and be enforceable against
the parties and their respective successors and assigns. Our failure
to enforce your strict performance of any provision of this Agreement
will not constitute a waiver of our right to subsequently enforce such
provision or any other provision of this Agreement.
23. Independent Investigation
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 on terms that may differ
from those contained in this agreement or operate websites that are
similar to or compete with your website. 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.
I accept
these terms and wish to register now
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