This Affiliate Service Agreement (the "Agreement") is made by and between Tuxedo Closeouts (tuxedocloseouts.com), and the business, individual or entity joining Tuxedo Closeouts’ Affiliate Program ("You", "Your", "Affiliate"). Your participation in the program is solely for this purpose: to legally advertise tuxedocloseouts.com and to receive a commission on products purchased by your referred individuals.
Affiliate Relationship
This Affiliate relationship is one of independent contractors. Tuxedo Closeouts will not be liable for indirect, special or consequential damages arising in connection with this program and our aggregate liability arising with respect to this program will not exceed the total referral fees paid or payable to you. Tuxedo Closeouts makes no express or implied warranties or representations with respect to the program. In addition, Tuxedo Closeouts makes no representation that the operation of the service will be uninterrupted or error-free, and Tuxedo Closeouts will not be liable for the consequences of any interruptions or errors.
Affiliate Responsibilities
It is understood that you will introduce Tuxedo Closeouts products to your current and prospective customers and will comply with all laws, including anti-spam and other laws that govern email marketing.
• To permit accurate tracking, reporting, and Commission accrual, you must ensure that the links between your website and our website are properly formatted.
• You may place our banners or links anywhere on your site as you see fit
• You may place our banners or links within your newsletter
• You may place our banners or links within your non-spam emails.
• Any page that contains tuxedocloseouts.com links, banners, or code must be written in English.
Tuxedo Closeouts Responsibilities
Tuxedo Closeouts reserves the right to accept or reject any prospective customers and will pay you a commission per customer referred using your affiliate code according to the designated payment schedule.
• We will make available to you a variety of graphic and textual links
• We will process orders placed by Referred Customer who follow the Links from your website to tuxedocloseouts.com. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time.
• All aspects of order processing and fulfillment, cancellation processing, refunds and payment processing will be our responsibility.
• We will track the Qualified Purchases generated by your website and will make this information available to you through our affiliate website.
• We will transfer your commissions to your PayPal account monthly.
Restrictions & Revocation of Affiliate Membership
You are only eligible to earn Affiliate payments during your time as an approved Affiliate. Tuxedo Closeouts may change the program or service policies and operating procedures at any time.
Either you or Tuxedo Closeouts may terminate the Affiliate relationship at any time.
The following are NOT ALLOWED and are grounds for suspension or termination from Tuxedo Closeouts’ Affiliate Program with a complete forfeit of commissions.:
• Adult, Hate, or other related sites
• More than 1 account per domain.
• Self-referrals for affiliate or merchant accounts
• Inappropriate advertisements (false claims, misleading hyperlinks)
• Illegal spamming (mass email, mass newsgroup posting, etc.)
• Advertising on sites containing/promoting illegal activities
• Violation of intellectual property rights
• Inability to setup links or refer clients to Tuxedo Closeouts (lack of performance)
• All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc.
• Any placement of creative in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
• Any display of a merchant window that isn't the result of a direct click by the end-user.
• Cookie stuffing or Fraud (any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions).
Terms of the agreement
These terms will begin upon your signup with the affiliate program and will end when your affiliate account is terminated. The terms of this agreement may be modified by Tuxedo Closeouts at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
Liability
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the affiliate program and/or products sold at this site. We make no claim that the operation of the affiliate program and our website will be error-free and we will not be liable for any interruptions or errors.
By submitting your application, you acknowledge that you have read the terms and conditions, understand, and agree with them.
