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Affiliate Agreement |
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This Agreement contains the complete terms and conditions that apply to your
participation in the Horse Information Center Affiliate Partner Program (the
"Program"). As used in the Agreement, "we," "our,"
and "us" refer to Horseinfo.com, a web site owned and operated by the
Russell Meerdink Company, Ltd., 1555 South Park Avenue, Neenah, WI 54956.
"You" and "your" refer to the applicant. "Site"
means a World Wide Web site, and, depending on context, refers either to
Horseinfo.com or to any site that you will link to our site and which you will
identify in your Program application.
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Program
application via our site. We will evaluate your application in good faith and
will notify you of its acceptance or rejection. We may reject your application
if we determine (in our sole discretion) that your site is unsuitable for the
Program for any reason. Unsuitable sites include (but are not limited to) those
that:
- Contain content that is unlawful, threatening, defamatory, obscene or
otherwise objectionable;
- Promote sexually explicit materials;
- Promote violence;
- Promote discrimination based on race, sex , religion, nationality,
disability, sexual orientation or age;
- Promote illegal activities;
- Violate or infringe upon intellectual property rights.
If we reject your application, you are welcome to reapply to the Program at
any time. If we accept your application, we reserve the right to terminate this
Agreement if we ever determine that your site is unsuitable for the Program for
any reason.
SPAM (unsolicited email)
We will not tolerate the sending of unsolicited bulk emails which promote, or
make reference to www.horseinfo.com,
or any of its associated companies, Partners or employees. Other prohibited
forms of advertising include postings to non-commercial newsgroups and
cross-postings to multiple newsgroups at once. In addition, Affiliates may not
advertise in any way that effectively conceals or misrepresents their identity,
their domain name or their return email address.
Any Affiliate who, in our opinion, breaches this ruling will have their
Affiliate status cancelled immediately and any and all outstanding commissions
WILL BE FORFEITED.
Stay safe. Don’t SPAM.
2. Program Links
Once you have been notified that your site has been accepted into the
Program, you may provide on your site one or more of the following types of
links to Horseinfo.com.
- Product Links: A "Product" is any product listed on our site
that is fulfilled by us. For each product you select, you will display on
your site a short description, review or other reference. You will provide a
Special Link from each Product reference on your site to the corresponding
Horseinfo.com on-line catalog entry. Each such link will connect directly to
a single item in our on-line catalog. You may add or delete Products (and
related links) from your site at any time without our approval.
- General Link to Horseinfo.com: You may provide a general link on your site
to our complete selection of Products at
http://www.horseinfo.com.
Code for links to Horseinfo.com will be provided through a password protected
site
maintained for us by AffiliateShop.com. You may choose which links to place on
your site from the icons or text links provided in your Affiliate Account. Only
those icons shown in your account may be used. Using links other than those
provided cannot be tracked and will not earn commissions.
3. Order Processing
We will process product orders placed by customers who purchase products
from Horseinfo.com using the special links on your site. We reserve the right
to reject orders that do not comply with any and all of our requirements that
we periodically may establish. We will be responsible for all aspects of order
processing and fulfillment. Among other things, we will prepare order forms,
process payments, cancellations, returns and handle customer service.
4. Sales Tracking
We will rely on AffiliateShop to track sales made to customers who purchase
products using the special links on your site. AffiliateShop will make
available to you the sales activity, as well as reports regarding end-user
impressions and click throughs, at its site. You and we each agree to rely on,
and not to challenge or dispute, the sales tracking and other information that
AffiliateShop compiles in connection with the Program, which will bind both
you and us for all purposes under this Agreement.
5. Payment
You will earn a 10 percent commission on all products shipped to customers who
purchase products from Horseinfo.com through your site. All sales exclude any
taxes or shipping costs that we may charge. We will pay all commissions that
accrue on a monthly basis, within thirty days after each month end. If the
commissions that accrue in any month total less than $50.00, we will hold the
commissions and pay them to you 30 days after the end of the first month in
which aggregate accrued but unpaid commissions total $50 or more. If a
customer returns or receives a refund or credit for a product that generated a
commission under this paragraph, we will deduct that commission from your next
monthly payment or payments. If no further payments are due under this
Agreement, we reserve the right to send you a bill for any commissions
associated with returned products. As with sales tracking information, we have
engaged AffiliateShop to calculate the commissions that you will receive under
the Program, and AffiliateShop’s commission calculations will bind both you
and us for all purposes under this agreement.
6. Policies and Pricing
All customers who buy products through the Program are customers of
Horseinfo.com. Accordingly, all Horseinfo.com rules, policies and operating
procedures concerning customer orders, customer service, pricing and product
sales will apply to those customers. We may change our policies and operating
procedures at any time, in our sole discretion. 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.
7. Limited License
We grant you a nonexclusive, revocable right to use Horseinfo.com and any
other images or text that we may provide to you solely for the purpose of
identifying your site as a Program participant and to assist in generating
product sales through the Program. You may not modify Horseinfo.com, our logo,
or any other graphic images or text that we may provide you in any way. We
reserve all our rights in Horseinfo.com, all such graphic images, text, our
trade names and trademarks and all other intellectual property rights. You
agree to follow our instructions respecting the use of our trademarks and
those instructions may change from time to time. We may revoke your license at
any time by giving you written notice.
8. Responsibility for Your Site
You will have sole responsibility 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. 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 obscene, defamatory,
libelous or otherwise illegal. We disclaim all liability for all matters
relating to the development, operation, maintenance and contents of your site.
9. Indemnification
You will indemnify, defend and hold us harmless against any and all claims,
lawsuits, damages, and expenses (including, without limitation, attorneys’
fees) that we may or that anyone may assert as a result of (1) our use of any
trademarks, logos, graphic images, text or other materials that you may
provide to us or allow us to use under paragraph 3; or (2) anything occurring
on your site or arising from the development, operation or maintenance of your
site.
10. Terms of the Agreement
The term 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 and for any reason by giving the other
party written notice of termination, which may be via email but must be
responded to with a reply, stating receipt, within 48 hours. Upon the
termination of this Agreement for any reason, you will immediately cease
using, and remove from your site, all links to our commerce server, all
Horseinfo.com trademarks, trade dress and logos and all other materials that
we may have provided to you or allowed you to use in connection with the
program, and we will immediately cease using, and remove from our site, all
trademarks, logos, graphic images, text or other materials that you may
provide to us or allow us to use under paragraph 3. You are eligible to earn
only those commissions that may accrue under paragraph 5 during the term of
this agreement, and commissions earned through the date of termination will
remain payable only if the customer does not cancel the order, return the
products purchased or receive a refund or credit. We may withhold your final
payment for a reasonable time to ensure payment of the correct commission
amount.
11. Modification
We may modify any of the terms and conditions contained in the Agreement,
at any time and at our sole discretion, by posting a change notice or a new
agreement on our site. All such modifications will take effect at the time we
specify or, if we specify no such time, immediately upon their posting on our
site. 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
evidence your binding acceptance to the change.
12. Relationship of Parties
You and we are independent contractors, and noting in the 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.
13. 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 merchantability, fitness for a particular purpose or
no infringement, or any implied warranties arising from a course of
performance, dealing or trade usage). In addition, we make no representation
that the operation of our site or our commerce server will be uninterrupted or
error-free, and we will not be liable for the consequences of any
interruptions or errors.
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 total 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.
15. 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 not set forth in this Agreement.
16. Miscellaneous
This Agreement will be governed by the laws of the United States and the
State of Wisconsin, 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 Milwaukee, Wisconsin, and you irrevocable consent to the jurisdiction
of those courts and waive any claim that those courts constitute an
inappropriate venue or inconvenient forum. You may not assign this Agreement, by
operation of law or otherwise, without our prior written consent. Subject to
that restriction, this Agreement will bind, insure 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.
Contact Information:
E-mail: affiliates@horseinfo.com,
Phone: 920-725-0955. Mail: The Russell Meerdink Company, Ltd., 1555 South Park
Avenue, Neenah, WI 54956
Privacy Policy:
We will only use the information you submit to maintain your account. That
is, to make your commission payments and to communicate changes in our product
offerings. We will not email you with any other company’s products. We will
notify you of new banners or text links to facilitate promotion of Horseinfo.com
products. We do not now nor will we in the future, sell, rent or otherwise make
your personal information available to anyone.
Thank you for taking the time to ready the Affiliate Agreement. We look
forward to working with you. By signing up for our Program, you are in effect,
agreeing to the above Affiliate Agreement.
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