TERMINATION AFTER ACCEPTANCE
Even after the Owner has accepted the Recipient as an Affiliate Program member, the Owner reserves the absolute right to rescind or terminate the Recipient’s affiliate status for any reason in its sole and absolute discretion, including but not limited to the following: (i) if the Recipient’s website contains images or content that is not acceptable to Owner or is inconsistent with the image that the Owner wishes to, (ii) if the Recipient’s website contains any illegal, immoral,
repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, or racially or ethnically objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, or religious preference, or (iii) if the Recipient’s site contains any material that appears to Owner to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.
FINANCIAL RESPONSIBILITIES
The Recipient will be fully responsible for all costs and expenses of maintaining and marketing the
Affiliate Program, including but not limited to all costs associated with the creations, hosting, modification, and improvements to the Recipient’s website, costs of search engine placement and other Internet marketing, costs of inserting the Owner’s links into the Owner’s website, offline marketing costs, postage costs, and all other costs and expenses, and the Recipient hereby holds the Owner harmless from or against the same.
CUSTOMER SERVICE
a. The Owner will be responsible for handling all customer inquiries, Merchandise orders, customer billing and collection, Merchandise shipment relative to customers that enter the Owner’s site through the links from the Recipient’s site. Pricing of the Owner’s Merchandise and services is solely within its discretion and the Owner reserves the right to change the pricing structure, terminate any special offers, discontinue Merchandise or services, or change the terms under which Merchandise or services are offered at any time, without any advanced notice to the
Recipient or users accessing the Owner’s site. The Owner’s sole responsibility to the Recipient in
this regard is to track customer orders that occur through links from the Recipient’s website and
provide reports to the Recipient of the referral fees due to the Recipient as a result thereof. All
such reports shall be un-audited. The Owner will have no obligation to provide the Recipient with
any specific information relative to any customer, regardless of whether they access the Owner’s
site through the link from the Recipient’s site.
b. The Owner is not responsible for the failure to assign any sale or referral fees to the Recipient if
the same results from the improper formatting of the link from the Recipient’s website. The
Recipient should assure at all times that the link is appropriately formatted and shall report any
problems that the Recipient may have with the same to the Owner immediately.
8. COMPENSATION
Referral fees will be payable to the Recipient based upon a percentage of sales made to users
who access the Owner’s site through the Recipient’s site. Referral fees will be calculated based
upon the gross sales price, but not including any shipping and handling, sales tax, special service
fees such as gift wrapping or packaging, late charges, collection costs, imports/export duties, and
any other payment made to the Owner that is not the purchase price for the Merchandise that is
purchased. Referral fees will not be calculated based upon amounts that are attributable to credit
card fraud, credits given to customers, bad debt right-off and returned goods. The Owner
reserves the right to deduct in subsequent months for any referral fee that the Owner paid to
the Recipient that is for Merchandise that is subsequently returned or refunded, or for any other
reason if the previous monthly referral fee was overpaid or later subject to reduction.
