|
The Affiliate Policy
(the "Policy") defines the terms and conditions between PLATINUM-WEDDING-BANDS-RINGS-JEWELRY.COM
(the "Merchant") and an individual or entity ("Affiliate")
that participates in the Platinum-wedding-bands-rings-jewelry.com
Affiliate Program (the "Program") to promote the sale of the
Merchant's products and/or services ("Services").
1. To enroll in
the Program, Affiliate will submit a complete application
via the Merchant's World Wide Web ("Web") site. The Merchant
will evaluate Affiliate's application in good faith and will
notify Affiliate of acceptance or rejection. The Company may
reject Affiliate's application if it determines, in the Merchant's
sole discretion, that the Affiliate's Web site is unsuitable
for the Program. Unsuitable Web sites include, but are not
limited to, Web sites that:
a. Mislead others;
b. Engage in spamming, indiscriminate, or unlawful advertising;
c. Engage in libelous or defamatory practices;
d. Engage in or promote illegal activities; and/or
e. Violate intellectual property rights.
If Affiliate's
application is rejected, Affiliate is welcome to reapply to
the Program at any time.
1. Affiliate will
have the non-exclusive right to market Services as described
on the Merchant's Web site to potential subscribers, including
but not limited to Affiliate's customers and/or clients (collectively,
"Affiliate Subscribers").
2. Merchant will
provide Affiliate with special HTML code that will allow Affiliate
to place Merchant "banner" and/or "button" advertisements
on Affiliate's Web site that link to Merchant's Web site.
The location of these banners and/or buttons on Affiliate's
Web site is at the discretion of the Affiliate.
3. Affiliate is
solely responsible for the development, operation and maintenance
of its Web site and for all materials that appear on the Web
site. Merchant disclaims all liability for these matters.
Furthermore, Affiliate indemnifies and holds harmless Merchant
from all claims, damages and expenses (including, without
limitation, attorneys' fees) relating to the development,
operation, maintenance and contents of Affiliate's Web site.
4. Merchant will
oversee all administration relating to Affiliate, including
but not limited to billing and customer support, as well as
the calculation of payments due directly to Affiliate.
5. Affiliate is
required to adhere to Merchant's Applicable policies (collectively,
the "Policies") as made available. Merchant reserves the right
to refuse service to any potential Affiliate Subscriber at
its sole discretion.
6. Affiliate will
be considered an independent contractor in the marketing of
Merchant's Services. The relationship between Affiliate and
Merchant creates no partnership, joint venture or similar
agreement between Affiliate and Merchant.
7. Merchant makes
no express or implied warranties or representations with respect
to the Program or any Services sold through the Program. In
addition, Merchant makes no representations that the operation
of its Web site will be uninterrupted or error-free, and Merchant
will not be liable for any consequences resulting from interruptions
or errors.
8. Merchant will
not be liable for indirect, special and/or consequential damages
(or any loss of revenue, profits, or data) arising in connection
with this Program, even if it has been advised of the possibility
of such damages. Furthermore, Merchant's aggregate liability
arising with respect to the Program will not exceed the total
payments to the Affiliate under the Program.
9. Merchant reserves
the right to change Services, including the price for Services,
at any time. Merchant will use its best efforts to announce
changes to Services before such changes are to take effect.
10. Merchant may
modify any of the terms and conditions contained in the Policy,
at any time and in its sole discretion.IF ANY MODIFICATION
IS UNACCEPTABLE TO AFFILIATE, AFFILIATE'S ONLY RECOURSE IS
TO DISCONTINUE PARTICIPATION IN THE PROGRAM. AFFILIATE'S CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING THE NOTIFICATION OF
A CHANGE OR NEW POLICY WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
11. Either party
may terminate the Affiliate's participation in the Program
at any time, with or without cause, with prior written notice
to the other party without penalty. Upon termination of the
Affiliate's participation in the Program, Merchant will pay
Affiliate any unpaid balances owed within ninety (90) days
of termination.
12. Affiliate agrees
to remove all banner and/or button advertisements that are
delivered to Affiliate's Web site upon termination of participation
in the Program.
13. AFFILIATE ACKNOWLEDGES
THAT THEY HAVE READ THE POLICY AND AGREE TO ALL ITS TERMS
AND CONDITIONS. AFFILIATE UNDERSTANDS THAT MERCHANT MAY AT
ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS
ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THE POLICY
OR COMPETE WITH AFFILIATE'S WEB SITE. AFFILIATE HAS INDEPENDENTLY
EVALUATED THE DESIRABILITY OF PARTICIPATION IN THE PROGRAM
AND THE POLICY REPRESENTS THE ENTIRE RELATIONSHIP BETWEEN
MERCHANT AND AFFILIATE. THE POLICY SUPERSEDES ANY PREVIOUS
AFFILIATE RELATIONSHIP WITH MERCHANT PROVIDING SERVICES TO
AFFILIATE, EITHER WRITTEN OR ORAL.
|