This agreement contains the complete terms and conditions that apply to an individual or other entity’s ‘membership’ in the www.twinkletoes.net.nz Affiliate Program, (the Program). In this agreement, ‘we’ ‘us’ or ‘our’ means Twinkle Toes or any of our affiliated companies, owner and operator of www.twinkletoes.net.nz. ‘You’ means the applicant. ‘Your site’ means the site that will link up to www.twinkletoes.net.nz and will be the site you name in your Application.
1. Enrollment in the program
To begin, you’ll submit a complete program application on the www.twinkletoes.net.nz site. We will evaluate your application in good faith and notify you of acceptance or rejection. While all websites are eligible for Affiliate Membership to the www.twinkletoes.net.nz program, we reserve the right to refuse or cancel membership at any time if we believe (in our sole discretion) that links from your site would not be beneficial to our mutual long term goals. When you receive a confirmation of acceptance and your Affiliate ID, User Name and password, unless you receive an email to the contrary, you may consider your affiliation to be active.
2. Links on your site
After you’ve been notified that your site has been accepted into the Program, you can then include on your site any of the following links to the www.twinkletoes.net.nz site.
Products: A “Product” is any product listed on our site that is distributed and/or fulfilled by us (or on our behalf), or any product sold on www.twinkletoes.net.nz by a third party seller) with the following exception: Products sold by a third party through any site linked from www.twinkletoes.net.nz. Example: If a customer clicks through to a third party from a link on www.twinkletoes.net.nz, and makes a purchase on that third party site, this will not be considered a sale of a Product eligible for referral fees on the Program.
For each selected Product you link to, you’ll display on your site a short description, review or other reference. Please note that you are responsible for the content, style and placement of these references, or links on your site.
Special Links: Each link to a Product is called a Special Link. It connects your site directly to a single item in our online catalogue (products that fall within the definition of ‘Products” as outlined above). Special Links are the connections from your site to www.twinkletoes.net.nz that will earn you referral fees. They are coded with special ‘tagged’ link formats to be used in all links between our sites to keep track of sales activity generated from your links. We cannot be responsible or liable to you regarding any failure by you to use Special Links, nor can we be liable for any reduction in amounts that would otherwise have been paid to you had there been no failure of your Special Links.
You may also provide links on your site to any page on www.twinkletoes.net.nz, as long as you properly use the Special Link directions provided on www.twinkletoes.net.nz as part of the Program to create links.
You acknowledge and agree that we may send you from time to time email updates about the Program, and your participation in the Program is your consent to receiving these emails.
3. Order Processing
We will process orders for Products placed by customers who follow Special Links from your site to www.twinkletoes.net.nz. We reserve the right to reject orders that do not comply with the requirements we establish from. We will process payments, invoices, and fulfilment as well as cancellations, returns, and customer service. We will track the sales on our site made to customers who used Special Links from your site to ours and provide sales summaries to you.
4. Referral Fees
For a Product Sale to be eligible to earn a referral fee, your customer must click-through a Special Link from your site to www.twinkletoes.net.nz site and add the Product to his or her shopping cart and purchase the Product during a session. A session ends upon one of the following events: a) the customer orders the Product, (b) 5 days (120 hours) elapses from a customer’s first click-through, (c) the customer follows a third party’s Special Link.
We will pay referral fees on eligible Products after the order, payment and shipping have occurred. Our Program however, does not provide for payment of a referral fee if your customer later re-enters www.twinkletoes.net.nz directly once a session has ended. In other words, all sales eligible for referral fees must be generated directly from a Special Link on your site to our Products.
There are no referral fees on products you purchase for yourself for your own use, or for Resale or commercial use, or products purchased by you for use by your friends, relatives or associates.
5. Referral Fee Standard Rate Schedule
Sales Commission
$1 - $100 10%
$100 - and up 15%
6. Non-exclusive, Limited License
We grant you the nonexclusive, revocable right to use the graphic images and text described on www.twinkletoes.net.nz ONLY for the purpose of identifying your site as a member of the www.twinkletoes.net.nz Affiliate Program, and to help you in generating Product sales. Please do not modify, change or alter the graphic images or text in any way. We reserve all of our rights to all our images and texts, including trade names and trademarks and all other intellectual property rights and copyrights. You agree to follow our Trademark Guidelines, which may change from time to time. This license is revocable upon written notice. Please note that email notices qualify as legal, written notices under the terms of this agreement.
7. Responsibility for Your Site
We cannot be liable or responsible for the development, operation, or maintenance of your site or for any of the materials that appear on your site. You will be solely responsible for Technical operation and all related equipment, creating and posting Product descriptions and Special Links, accuracy and appropriateness of materials, including all product-related materials, Making sure that material posted on your site does not violate or infringe upon any 3rd party’s rights, such as copyrights, trademarks, privacy or other personal or proprietary rights; are not libelous or illegal in any way, or obscene, pornographic or violent.
We assume no liability for any of these issues, and you will indemnify us and hold us harmless from all claims, damages, and expenses, including all attorney’s fees, related to the operation, development maintenance and content of your site. We will not be liable for any consequential, indirect or special damages or any loss of revenue, profits or data, in connection with this agreement or with the Program. If any liability is found, it will not exceed the total referral fees paid or payable to you under this Agreement.
We cannot represent or guarantee that the operation of www.twinkletoes.net.nz will be error-free, uninterrupted at all times and we cannot be liable for the consequences of such interruptions or errors.
Further, you agree to comply with all relevant laws, including those that regulate e mail marketing and the CAN-SPAM Act of 2003 and all other anti-spam laws.
8. Term and Modification of the Agreement
The term of this agreement begins upon our acceptance of your Program Application and will end when terminated by either party. Either party can terminate this agreement at will, with or without cause via written/email notice.
From time to time, this Agreement will be modified by www.twinkletoes.net.nz. If any modification is unacceptable to you, you may terminate the agreement immediately. Continued participation in the Program after we have posted or notified you of any change will be deemed binding acceptance of the change.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS, AND THAT AT ANY TIME WE MAY SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. WE MAY OPERATE WEBSITES SIMILAR TO YOURS OR IN COMPETITION WITH YOURS AND YOU UNDERSTAND AND HAVE INDEPENDENTLY EVALUATED THE BENEFITS OF YOUR PARTICIPATION IN THE PROGRAM AND ARE NOT RELYING ON ANY GUIDANCE, REPRESENTATION OR STATEMENT OTHER THAN THOSE STATED IN THIS AGREEMENT.
9. Governing Law
This Agreement will be governed by the laws of New Zealand. This Agreement is not assignable to any other parties without our prior written consent. Our failure to pursue and /or enforce any part of this agreement that may be in violation does not constitute a waiver of our rights to enforce such provisions later on.
|
|
|
