To become a GammonVillage Store affiliate, you must agree to the terms and conditions set forth below.
GAMMONVILLAGE STORE PROGRAM TERMS & CONDITIONS
This Agreement (the "Agreement") describes the complete terms and conditions that apply to an individual's or an entity's participation in the GammonVillage Store Affiliate Program (the "Program") operated by GammonVillage Inc. When used throughout this Agreement, "we" and "us" refer to GammonVillage Inc., and "you" refers to the applicant. "Site" refers to an internet web site which, depending on the context used in this Agreement, may refer to the GammonVillage.com site or a site operated by the applicant.
1. How to enroll in the GammonVillage Store Affiliate Program
You apply to participate in the Program by completing our online application. By completing and submitting an application, you acknowledge and agree to all the terms of this Agreement. We will evaluate your application and notify you by email if you have or have not been accepted into the Program. We reserve the right, at our sole discretion, to exclude any site that we feel is inappropriate. Sites which we consider inappropriate include, but are not limited to, sites that contain or promote violence or sexually explicit content or products, sites that promote illegal activities, sites that discriminate on the basis of race, sex, age, nationality, disability, sexual orientation or religion, and sites that violate intellectual property rights.
2. Linking to the GammonVillage Store
You will provide a link or links, either in the form of an ad banner, text ad, or text link on your site to the GammonVillage Store pages. These marketing tools will be provided to you upon your acceptance in the Program and can be found in your administrative console.
3. Order Processing
We will process all product orders placed by customers who follow any link from your site to the GammonVillage Store. We reserve the right to reject any fraudulent orders. We will be responsible for all aspects of order processing and fulfillment including, but not limited to, processing payments, order cancellations, product returns and customer service. We will track sales made by customers that have come from your links. To ensure that you receive appropriate credit for sales that originated from your site, it is your responsibility to correctly implement the ad banners and links between your site and our site. We are not responsible for errors made on your part in the implementation of any marketing tools provided by us.
4. Commission Fees
We will pay you a commission fee for all sales which meet all of the following criteria:
- The customer must follow a link from your site to the GammonVillage Store.
- The customer must purchase a product or products within 60 days of the date they follow the link from your site to the GammonVillage Store and within that time the customer does not (a) click on the link of another one of our affiliates, or (b) turn off or otherwise disabled the "cookie" set when they clicked on the link.
- The customer must accept delivery of the product and remit full payment to us.
- The item or items purchased are not on sale
- The item or items purchased do not offer free delivery
Commission fees are considered earned and are approved after a 60 day window has passed to allow for any returns, cancellations, refunds, etc. You will not be paid a commission fee on any item which is returned to us by the customer for a refund, or on any purchase that is charged back by the customer.
You may purchase products during sessions initiated through the links on your site for your own use. However, you may not purchase products during sessions initiated through the links on your site for resale or commercial use of any kind; Such purchases may result (in our sole discretion) in the withholding of commission fees or the termination of this Agreement.
5. Commission Fee Rate Schedule
You will earn a commission fee of 10% on all regular priced products featured in the GammonVillage Store. "Regular price" means the price shown on our site at the time of purchase and excludes shipping and handling charges and, if applicable, sales taxes. Commission fees will be calculated each calendar month.
6. Payment of Commission Fees
GammonVillage Inc. affiliate program is run by ShareASale www.shareasale.com. ShareASale will pay you a commission every month on our behalf so long as your commission balance is at least $25.00 (twenty-five dollars). Otherwise, you will be paid once your commission balance reaches or exceeds $25.00. ShareASale will hold those monies until the total amount owed you is equal to or exceeds $25.00. ShareASale will send your earnings as stated on their web site at www.shareasale.com.
Payments are made as per ShareASale schedule. Commissions earned will be approved after a 60 day window to allow for any returns/refund requests. If this Agreement is terminated, we will send you payment for all commission fees you earned, regardless of the amount.
If a product that generated a commission fee is returned to us by the customer, and if we have already paid to you a commission fee for the sale of that product, we will deduct the corresponding fee from your next monthly payment for that return.
Absent manifest error, the number or amount of sales that are calculated by us in good faith shall be final and binding on you.
7. Program Policies and Pricing
Those customers who buy products through the Program will be deemed to be customers of GammonVillage.com. Therefore, all rules, policies, and operating procedures concerning customer orders, customer service, and product sales are defined exclusively by us. We reserve the right to change our product pricing, policies (including any special promotions) and general operating procedures at any time.
8. Link Format Requirements
You are required to select and use one of the approved GammonVillage Store ad banners or text links/ads that we provide.
9. GammonVillage Inc. Assets
All rights to the GammonVillage.com site, including but not limited to all trade names, trade marks, other intellectual property rights, and all of the images, product photographs and descriptions contained in the GammonVillage.com site, are the exclusive property of GammonVillage Inc. We grant you a non-exclusive, non-assignable, revocable license to use the ad banners and links described in Section 8 of this Agreement solely for the purpose of identifying your site as a Program participant and to assist you in generating product sales. You may not modify the ad banners or text links/ads in any way without our prior expressed written consent.
We reserve the right to revoke this limited license at any time by giving you written or email notice.
10. 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
- 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, proprietary or intellectual property rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
We disclaim all liability for these matters. Further, by participating in the Program, you expressly agree that 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 content of your site.
You agree that you will not (a) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; (b) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action; (c) promote or advertise our site by mass unsolicited email or SPAM; (d) compete directly with GammonVillage Inc. on any paid advertising venues such as Google AdWords, Yahoo Paid Search, MSN Search, or any other paid search.
Paying or bidding for any type of paid advertising on Google, Yahoo and Bing or their ad network sites is prohibited. Any sale linked to a paid ad from a search result using any keywords will be voided. Incentive based sales are prohibited unless you are using specific creatives issued by us. Any sale linked to a site who is offering a discount, coupon, or even the suggestion of a discount or coupon on our products that is not using a specific incentive, discount, or coupon we have authorized will be voided.
If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any commission fees otherwise payable to you under this Agreement and/or terminate this Agreement.
11. Terms of this Agreement
The terms of this Agreement will begin upon our acceptance of your Program 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 or email notice of termination. You are only eligible to earn commission fees on sales of qualifying products occurring during the term of this Agreement, and 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. 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 GammonVillage.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. This Agreement shall automatically terminate upon filing of any petition under the Bankruptcy Code by or against you, upon any assignment for the benefit of your creditors, or upon your dissolution if you are other than an individual.
12. 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 commission 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.
13. Relationship of the 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.
You can not claim to be officially representing us on your website or any other form of online and offline marketing.
14. 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 from this Agreement and the Program shall not exceed the total commission fees paid or payable to you under this Agreement.
15. Disclaimers
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 will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
16. 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 COMMISSIONS 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.
17. Miscellaneous
This Agreement will be governed by the laws of the Province of Ontario, Canada, without reference to rules governing choice of laws. Any action relating to this Agreement or the Program must be brought in the Provincial courts located in Toronto, Ontario, Canada, and you irrevocably consent to the jurisdiction of and venue in 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.
