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I Agree To Adhere To The Terms Of This Agreement
Tattoos By Design's Affiliate Program
Terms and Conditions of Participation
This Agreement contains the complete terms and conditions that apply to an individual
or company's participation in the Tattoos By Design Affiliate Referral Program (the
"Program"). As used in this Agreement, "Company" means
Tattoos By Design, Incorporated and "Affiliate" means the individual
and/or company indicated in the registration form which by reference is made a
part of this agreement.
Participation
To participate in the Tattoos By Design Affiliate Referral Program, the Affiliate
registration form must be completed and submitted to Tattoos By Design. All
applicants, once approved, are immediately eligible to participate in the Tattoos By Design Affiliate
Referral program however such participation is subject to ongoing, periodic
review by Tattoos By Design and may be revoked at anytime without notice.
Participation may be suspended or terminated if we determine (at our sole
discretion) that your site is unsuitable for the Program. Unsuitable sites
include those that:
- Promote illegal activities
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age
- Violate intellectual property rights
- Or are otherwise deemed inconsistent with the best interests of Tattoos By Design.
This agreement shall apply only to Affiliate owned and managed web sites as indicated
in the registration form. Under no circumstances may Tattoos By Design Affiliate
Referral links be placed on sites not registered with Tattoos By Design.
Creating the Affiliate Link
Once you have completed the online application you will be presented with a set
of guidelines and graphical artwork to use in linking to the http://www.tattoosbydesign.com/translations/
website. To permit accurate tracking, reporting, and affiliate referral fee
accrual, we will provide you with a special link format which includes your
Affiliate ID number to be used in all links between your site and our
http://www.tattoosbydesign.com/translations/ website. You must ensure that each of the links between your
site and our site properly utilizes the exact link format and affiliate ID in
order to obtain credit for any sales resulting from customers coming to the
http://www.tattoosbydesign.com/translations/ website from your link. The Tattoos By Design Affiliate Referral
program will capture the Affiliate's ID and the linking websites URL. The URL
must match a registered URL in the Affiliates Tattoos By Design Affiliate registration
in order to be eligible for credit for purchases made by shoppers entering the
Tattoos By Design web site from the Affiliate's Tattoos By Design Affiliate link. You will
only earn referral fees with sales on our site occurring directly through your
Tattoos By Design Affiliate link. Tattoos By Design will not be liable to you with respect
to any failure by you to correctly configure the Tattoos By Design Affiliate link, by
any failure resulting from issues of internet connectivity, shopper behavior,
web site or application failure on your server or our server or any other such
action which may result in your affiliate referral not being credited for a sale
including to the extent that such failure may result in any reduction of amounts
which would otherwise be paid to you pursuant to this Agreement.
Bonifide Orders
Tattoos By Design will process all qualified orders placed by customers who follow
Tattoos By Design affiliate links from your site to http://www.tattoosbydesign.com/translations/. We reserve the
right to reject orders that do not comply with any requirements that
Tattoos By Design may from time to time establish. Tattoos By Design assumes
responsibility for all aspects of order processing and fulfillment.
Tattoos By Design will prepare and maintain all order forms; process payments,
cancellations; and handle customer service. Tattoos By Design will track sales made
to customers who purchase products using Tattoos By Design affiliate links from your
site to our site and will make available to you reports summarizing this sales
activity. Report forms, content, and frequency of the reports may vary from time
to time at our discretion.
Referral Fees
Tattoos By Design will pay approved affiliate referral partners (in accordance with
Sections 5 and 6 below) referral fees on designated Product sales to third
parties. For a Product sale to be eligible to earn a referral fee, the customer
must follow a Tattoos By Design Affiliate Link from your site to our site, select and
purchase the Product during that shopping session, accept delivery of the
Product, and remit full payment to us. We will not, however, pay referral fees
on any Products that are purchased by a customer after the customer has
re-entered our site via a means other than the Tattoos By Design Affiliate Link, even
if the customer previously followed a link from your site to our site.
You may not purchase products during sessions initiated through the links on your
site for your own use, for resale or commercial use of any kind. This includes
orders for customers or on behalf of customers or orders for products to be used
by you or your friends, relatives or associates in any manner. Such purchases
may result (in our sole discretion) in the withholding of referral fees or the
termination of this Agreement. Products that are eligible to earn referral fees
under the rules set forth above are referred to as "Qualifying
Products."
In addition, you may not: (a) directly or indirectly offer any person or entity
any consideration or incentive (including, without limitation, payment of money
(including any rebate), or granting of any discount or other benefit) for using
Tattoos By Design Affiliate Links on your site to access our site (e.g., by
implementing any "rewards" program for persons or entities who use
Tattoos By Design Affiliate Links on your site to access our site); or (b) post any
Tattoos By Design Affiliate Links on any Web site or other platform that is accessible
through any Internet Access Appliance. If we determine, in our sole discretion,
that you have offered any person or entity any such consideration or incentive,
or posted Tattoos By Design Affiliate Links on any such Web site or platform, we may
(without limiting any other rights or remedies available to us) withhold any
referral fees otherwise payable to you under this Agreement and/or terminate
this Agreement.
Referral Fee Schedule
You will earn referral fees based on qualifying revenues according to referral
fee schedules to be established by us. "qualifying revenues" are
revenues derived by us from our sales of qualifying products, excluding costs
for shipping, handling, gift-wrapping, taxes, service charges, credit card
processing fees, and bad debt. The current referral fee schedule is 30%.
Payment of Referral Commissions
Tattoos By Design will review all Affiliate Referral accounts approximately once
each quarter. All accounts with affiliate referral fees totaling $25.00 or more
will be paid. Payment will be by PayPal for the referral fees earned on our
sales of Qualifying Products that were purchased during that quarter, less any
taxes that we are required by law to withhold. However, if the referral fees
payable to you for any payment period are less than $25, we will hold those
referral fees until the total amount due is at least $25 or (if earlier)
until this Agreement is terminated. If a Product that generated a referral fee
is returned by the customer, we will deduct the corresponding referral fee from
your next scheduled payment. If there is no subsequent payment, we will send you
a bill for the referral fee.
Policies and Pricing
Customers who buy products through this Program will be deemed to be customers
of Tattoos By Design, Incorporated. Accordingly, all Tattoos By Design rules,
policies, and operating procedures concerning customer orders, customer service,
and product sales will apply to those customers. We may 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. Product prices and availability may vary from time to time.
Because price changes may affect products that you already have listed on your
site, you may not include price information in your product descriptions. We
will use commercially reasonable efforts to present accurate information, but we
cannot guarantee the availability or price of any particular product.
Identifying Yourself as a Tattoos By Design Affiliate Referrer
We will make available to you a small graphic image that identifies your
site as a Program participant. You may display this logo or the phrase
"Tattoos By Design Affiliate" somewhere on your site. We may modify the text
or graphic image of this notice from time to time. You may not make any press
release with respect to this Agreement or your participation in the Program
without our prior written consent, which may be given or withheld in our sole
discretion. In addition, you may not in any manner misrepresent or embellish the
relationship between us and you, or express or imply any relationship or
affiliation between us and you or any other person or entity except as expressly
permitted by this Agreement (including by expressing or implying that
Tattoos By Design supports, sponsors, endorses or contributes money to any charity
or other cause).
Limited License
We grant you a nonexclusive, revocable right to use the graphic image and text
described in Section 8 and such other images for which we grant express
permission, solely for the purpose of identifying your site as a Tattoos By Design
Affiliate Program participant and to assist in generating product sales. You may
not modify the graphic image or text, or any other of our images, in any way. We
reserve all of our rights in the graphic image and text, any other images, our
trade names and trademarks, and all other intellectual property rights. You
agree to follow our Trademark Guidelines, as those guidelines may change from
time to time. We may revoke your license at any time by giving you written
notice.
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
- Creating and posting Product descriptions on your site and linking those descriptions
to our catalog
- 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
Liability
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.
Term of the 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
written notice of termination. 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 Tattoos By Design 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 Affilate Referral Program. You are only eligible to earn
referral fees on our sales of Qualifying Products 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.
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 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 OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE
WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
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.
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.
Disclaimers
We make no express or implied warranties or representations with respect to the
Affiliate Referral Program or any products sold through the Affiliate Referral
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 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.
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 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.
Miscellaneous
This Agreement will be governed by the laws of the United States and the state
of Kansas, 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 Lawrence, Kansas 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 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.
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