Affiliate Agreement
1)
Term of
the Agreements: 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 referral fees on sales occurring during the term.
2)
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 change notice or a new
agreement on this site. Modifications may include, for example, changes in the
scope of available referral fees, 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
3)
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 referral fees paid or
payable to you under this Agreement.
4)
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 web sites 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.
5)
SPAM:
This Company has a zero-tolerance policy for SPAM. Any Affiliate accused of
SPAMMING will be immediately suspended while the company, in their sole
discretion, determines if the validity of the SPAM complaint. Valid SPAM
complaints will result in the immediate termination of your account and
forfeiture of any commissions owed to you.
6)
Miscellaneous:
This Agreement will be governed by the laws of the United States and the State
of Michigan, without reference to rules governing the choice of laws. Any action
relating to this Agreement must be brought in the federal or state courts
located in Detroit, Michigan, 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.
Term
Kaubi Trending Empire
will pay Affiliate thirty days (30) after the end of each calendar month for
all commissions earned during the prior month, less any taxes we may be
required to withhold, and less any amount Kaubi
Trending Empire determines, in its sole discretion, was not validly earned
from the proper use of the link on affiliate's web site. If commissions earned
during any calendar month are less than $50USD, then Kaubi Trending Empire may hold those commissions until the month in
which the total amount due is at least $50USD or (if earlier) until this agreement is terminated.
A commission will only be credited to an affiliate after the customer has made full payment to the company. If a customer later requests a
refund or a chargeback is issued by the credit card holder whose credit card
was used to pay for that customer's account, any commissions that were credited
to both first-tier and second-tier affiliates will be deducted from the next
monthly payment. If there is no next monthly payment, the affiliate will be
billed and hereby agrees to be bound by law to reimburse the Company in full
for any such commissions.
Links
We will provide you with links, including URL addresses and
appropriate graphics (the Link Materials), with which you may link your Web
site to our Web site (www.kaubitrendingempire.com or such other Web site(s) as
we may establish from time to time). Details on accessing these Link Materials
are set out in the Affiliate Network Description below. If you are an approved
Affiliate, we grant you a non-exclusive limited license solely to reproduce and
use these Link Materials, including our trademarks to the extent they are
incorporated into these Link Materials, only while you are an Affiliate and
only in accordance with the terms and conditions of this Agreement.
You agree to display the Link Materials appropriately on
your Web site and to respect our trademarks, service marks, and other rights in
the Link Materials. You will use only these Link Materials to link your Web
site to ours, and you will not alter the look or feel of these Link Materials
or of our Web site in any way. You will use reasonable efforts to update to new
versions of Link Materials as we make them available.
Tracking of Sales:
The Company will be solely responsible for tracking sales
using special software that communicates with the specially encoded URLs
assigned to affiliates. Company will endeavor to do its best to ensure accurate
tracking of referrals made by affiliates. Affiliates will themselves be solely
responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding
the above statement of responsibility by Company to track sales, affiliates
hereby acknowledge and accept that the tracking system employed by the Company
is not 100% fail-safe and that there may on occasion be instances of referral
sales made that are not credited to an affiliate for any of the following
possible reasons:
·
Failure by the affiliate to use the proper
format of the specially assigned URL in promotions, webpage links, banner ads,
and so on
·
Deliberate or accidental actions by customers to
circumvent an affiliate's special URL so that our software is unable to accurately
track that sale
·
Bugs, glitches or crashes of the tracking
software that renders it unable to accurately track sales for a period of
time
·
Acts of nature that cause irretrievable data
loss on the computers and back-up disk media that store the commission
information.
As such, affiliates will not hold the Company liable to
compensate for any claimed commissions that were not tracked and recorded by
the tracking software.
Referral Fees
We will pay referral fees on any Products after the customer
has re-entered our site through the use of a cookie placed on the end-user
computer. If through no fault of ours,
the cookie is removed or not allowed by the end-user, that customer's purchase
may be tracked only if the customer enters our site directly through a link from
your site. The cookie may expire at the
end of 90 days or a time period determined solely by Kaubi Trending Empire
Responsibility 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
·
The accuracy and appropriateness of materials
posted on your site (including, among other things, all product-related
materials)
·
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, attorneys' fees)
relating to the development, operation, maintenance, and contents of your
site.
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 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…
Our
Responsibilities
We will be responsible for providing all information
necessary to allow you to make appropriate Links from Your Site to Our Site. We
will be solely responsible for processing every Transaction for any order
placed by a customer following a Link from Your Site, for tracking the number
and amount of sales generated by the Link from Your Site, and for providing
information to you regarding sales statistics. Also, we will be responsible for
credit card authorizations, payment processing, cancellations, returns, and
related customer service for any customer queries, it being understood that
such activities shall be for our account.
Enrollment in the
Program
To begin the enrollment process, you will submit an
application via 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. Your site should:
·
Generate sufficient traffic to our websites.
·
Attract a
customer base who may be interested in apparel and electronics products.
·
Not promote sexually inappropriate materials.
·
Not promote violence.
·
Not promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age.
·
Not promote illegal activities.
·
Not violate the intellectual property rights of
Kaubi Trending Empire
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
application and your site is thereafter determined (at our sole discretion) to
be unsuitable for the Program, we may terminate this Agreement.
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