NeatoShop Affiliate Program Agreement
This NeatoShop Affiliate Program Agreement (“Agreement”) contains the terms and conditions that govern your participation in the NeatoShop Affiliate Program (“Affiliate Program”). “Neatorama” and “NeatoShop” mean Neatorama, Inc. “Affiliate” means the applicant to this program.
1. Affiliate Program Description
The Affiliate Program permits the Affiliate to advertise NeatoShop products on its own website(s) in order to earn commissions for purchases as outlined in Appendix A.
Neatorama allows Affiliate to display product images and URLs with Affiliate ID for the sole purpose of advertising NeatoShop products.
2. Term
This Agreement is effective upon approval of your application and will end when terminated by either Neatorama or the Affiliate.
3. Termination
Neatorama or Affiliate may terminate this Agreement at anytime with or without cause. Upon termination of this Agreement for any reason:
1. Affiliate will immediately cease use of and remove from their site all links, widgets and licensed materials and any other names, marks, symbols, copyrights, logos, fanciful and other characters, designs or properties owned, developed, licensed, or created by Neatorama and or provided by Neatorama to the Affiliate.
2. Affiliate will not receive any fees on product sales occurring following the end of the Term, and fees earned through the end of the Term will remain payable only if the related orders are not canceled or returned. Neatorama may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid.
3. The Affiliate Program will continue to fulfill customer orders placed before the termination of the contract.
2. Commission Payment
Neatorama will remit commission payment to affiliate through Shareasale.
Neatorama makes no guarantees that any commissions will be made by participating in the Affiliate Program.
3. Customer Privacy
Affiliate agrees to respect customers privacy and will not engage in email and other direct marketing without prior agreement from customers and Neatorama. Under no circumstances shall Affiliate send unsolicited commercial email (spam). Neatorama reserves the right to collect, withhold, or cancel any and all compensation related to the use of commercial email by Affiliate.
4. Search Marketing, PPC Marketing and Domain Name Advertising Prohibition
Affiliate will not purchase search engine keywords, pay per click, sponsored advertising services, search or referral services, as well as domain names, that use Neatorama or NeatoShop names including variations and misspellings thereof.
Neatorama reserves the right to collect, withhold, or cancel any and all compensation related to the use of the prohibited actions listed above.
5. Limitation of Liability
Neatorama is not liable for indirect, special or consequential damages (or any loss of revenue, profits or data) arising in connection with this agreement or the Affiliate 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 Affiliate Program will not exceed the total Affiliate commission fees paid or payable to the Affiliate under this agreement.
6. Disclaimers
Neatorama makes no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate 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, Neatorama makes 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.
7. Relationship of Parties
Neatorama and Affiliate are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the two parties. Neither Neatorama nor the Affiliate shall have any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
8. Assignment.
Affiliate may not assign or transfer this Agreement or any interest herein, nor shall the same be assignable by operation of law, without Neatorama’s prior written consent.
9. Modifications
Neatorama may modify any of the terms and conditions in this Agreement at any time and in our sole discretion by posting the revised Agreement.
10. Entire Agreement
The provisions contained in this Agreement constitute the entire agreement between the parties with respect to the subject matter of this agreement, and no statement or inducement with respect to such subject matter by any party which is not contained in this agreement shall be valid or binding between the parties.
11. Severability
If any provision of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the Laws of the State of California.
13. Arbitration
The parties agree that any claim or dispute between them shall be resolved by binding arbitration in the State of California in the City of Santa Clarita.
APPENDIX A
The commission for purchases is calculated as such:
Commission = [Purchase price of product sold * commission rate] - Adjustments (if any)
The commission rate is presently set at 10% unless notified otherwise by Neatorama. The commission rate may be adjusted without prior notification. In case of such a change, Affiliate will be notified. Change in the commission rate will not retroactively affect past sales.
Adjustments include cancellations, refunds, returns, replacements, recalls, chargebacks, as well as other charges and expenses from extraordinary events related to sales generated by Affiliate.
