Affiliates Program | Sign
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TERMS & CONDITIONS
This Agreement contains the complete terms and conditions
that apply to an individual's or entity's participation
in the NobleWares Inc. Associates Program. As used in
this Agreement, "we" means NobleWares Inc.,
and "you" means the applicant. "Site"
means a World Wide Web site and, depending on the context,
refers either to iLoveSwords.com site, located at the
URL www.iLoveSwords.com , or to any site that you will
link to our site
1. Enrollment in the Associates 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 your
acceptance or rejection. 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
- violation of intellectual property rights or laws,
libelous, defamatory or disparaging materials, or sites
with little or no original content.
By participating in the Program you agree that you will
not engage in any such activities. If we reject your application,
you are welcome to reapply to the Program at any time.
You should also note that if we accept your application
and your site is thereafter determined (in our sole discretion)
to be unsuitable for the Program, we may terminate this
Agreement.
2. Links on Your Site
Once you have been notified that your site has been accepted
into the Program, you may provide on your site the link
that is sent along with the approval confirmation mail.
You can copy and paste the link to any where on your site.
You can either use our provided banner images or any text
link that you would like.
3. Order Processing
We will process Product orders placed by customers who
follow Special Links from your site to our site. We reserve
the right to reject orders that do not comply with any
requirements that we may establish periodically. 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. You will be notified when the
order is placed. We will track sales made to customers
who purchase Products by using Special Links from your
site to our site and will make available to you reports
summarizing this sales activity. The form, content, and
frequency of the reports may vary from time to time in
our discretion.
4. Referral Fees and Payment Schedule
5% of every single sale generated from your site. The
more sales you web sites generate the more you will earn.
Your commissions will increase up to 15% depending on
how well your site is doing. We'll do all the work –
ordering products, fulfilling orders and servicing customers
– you just maintain your Web site and collect commissions!
You will receive confirmation email for every single order
that generated from your site, in addition a monthly report
will be sent to you via email. Customized reporting and
monthly commission checks will be sent to you ($100 minimum
payout). You will get instant payment through Paypal or
by Checks.
5. 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 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
- ensuring that your site accurately and adequately
discloses, either through a privacy policy or otherwise,
how you collect, use, store, and disclose data collected
from visitors, including, where applicable, that third
parties (including advertisers) may serve content and/or
advertisements and collect information directly from
visitors and may place or recognize cookies on visitors'
browsers.
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.
6. Term 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, with or without cause, by giving the other
party written notice of termination. Upon the termination
of this Agreement for any reason, you will immediately
cease use of, and remove from your site, all links to
our site, and all iLoveSwords.com trademarks, trade dress,
and logos, and all other materials provided by or on behalf
of us to you pursuant hereto or in connection with the
Program. You are eligible to earn referral fees only on
our sales of Qualifying Products that occur during the
term, and referral 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.
7. 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.
8. 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 referral fees paid or payable to you under this
Agreement.
9. 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.
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 OTHER THAN AS SET FORTH IN THIS
AGREEMENT. |
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