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Affiliate Program Agreement
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Bull Shortz affiliate program (the "Program"). As used in this Agreement, "we" means Bull Shortz and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to the Bull Shortz site or to the site that you will link to our site.
1.Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application via our site (click on "Become an Affiliate" at bottom of page). We will evaluate your application in good faith and will notify you of your acceptance. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that: promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights. If we reject your application, you are welcome to reapply to the Program at any time.
2. Links on Your Site
Using a special link format that we give you, you may link from your site to Bull Shortz's home page as many times as you like. You will be responsible for the content, style, and placement of such link. You may add, delete or change links from your site at any time without our approval.
3. Order Processing
We will process product orders placed by customers who follow special links from your site to the Bull Shortz site. We reserve the right to reject orders that do not comply with any 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, and returns; and handle customer service. We will track sales made to customers who purchase products using special links from your site to our site and will send you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted.
4. Commission Fees
We will pay you commission fees on certain product sales to third parties. For a product sale to generate a commission fee, the customer must follow a special link (in the format specified by Bull Shortz) from your site to the Bull Shortz site; purchase the product using our automated ordering system; accept delivery of the product at the shipping destination; and remit full payment to us. We will not, however, pay commission fees on any products that are added to a customer's Shopping Cart after the customer has reentered the site (other than through a special link from your site), even if the customer previously followed a link from your site to our site. The Program is intended for commercial use only, and you may not purchase products through the Program for your own use. Such purchases may result (in our sole discretion) in the withholding of commission fees or the termination of this Agreement.
5. Fee Schedule
You will earn commission fees based on the sale price of Products, according to fee schedules to be established by us. "Sale price" means the sale price listed in our on-line catalog (under the "our price" column) and excludes costs for shipping, handling, gift-wrapping, and taxes. The current fee schedule is: 10% of the sale price for sales of Products.
6. Fee Payment
We will pay you commission fees on a quarterly basis. Approximately 30 days following the end of each calendar quarter, we will send you a check for the commission fees earned on products that were shipped during that quarter, less any taxes that we are required by law to withhold. However, if the fees payable to you for any calendar quarter are less than $100.00, we will hold those fees until the total amount due is at least $100.00 or (if earlier) until this Agreement is terminated. If a product that generated a commission fee is returned by the customer, we will deduct the corresponding fee from your next quarterly payment. If there is no subsequent payment, we will send you a bill for the fee. You may also apply your commissions due towards product purchases.
7. Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of Bull Shortz. Accordingly, all Bull Shortz rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
8. Identifying Yourself as an Associate
We will make available to you a small graphic image that identifies your site as a Program participant. We may modify the text or graphic image of this notice from time to time. You must display this logo or the phrase "In association with Bull Shortz" somewhere on your site. The logo or phrase may be linked to the following message, at the Associate's option: Bull Shortz is pleased to have [sponsoring Web site name] in the family of Bull Shortz Associates. We've agreed to ship products and provide customer service for orders we receive through special links on [sponsoring Web site name]. We guarantee you the same high level of customer service you would receive if you placed your order directly with Bull Shortz. If you have a question about an order you've placed, please don't hesitate to contact us. We encourage you to visit [sponsoring Web site name] often to see what’s new. Thank you for shopping with an Bull Shortz Associate.
9. Limited License
We grant you a nonexclusive, revocable right to use the icon and message described in Section 8 and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the icon, the message, or any of our images in any way. We reserve all of our rights in the icon, the message, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
10. Responsibility for Your Site
You will be solely responsible 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, creating and posting product descriptions on your site and linking those descriptions to our on-line catalog, 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 libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
11. Terms of the Agreements
The terms 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, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commission fees on sales of Products occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
12. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available commission fees, fee schedules, payment procedures, and Program rules. 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 CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
13. Relationship of Parties You and we are independent contractors, and nothing in this 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.
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 aggregate liability arising with respect to this Agreement and the Program will not exceed the total commission fees paid or payable to you under this Agreement.
15. 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 fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make 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.
16. 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 COMMISSIONS 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 OTHER THAN AS SET FORTH IN THIS AGREEMENT.
17. Miscellaneous
This Agreement will be governed by the laws of the United States and the state of Washington, 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 Seattle, Washington, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and 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 |
