Affiliate Agreement
This
Agreement contains the terms and conditions that apply to a participant
in the 1888Orchids.com affiliate program (the "Program"). As used in
this agreement, "we"/"our/"us", means 1888Orchids.com and "you"/"your"
means the "affiliate/applicant", "site" refers to a web site, blog,
email newsletter or social site, et al.
To begin the
enrollment process, you will submit a complete Affiliate Application
form. We will evaluate your application in good faith and will notify
you of your acceptance or rejection, usually within 24 hours. (you can
re-apply at any time). We may reject your application if we determine,
in our sole discretion, that your site is unsuitable for the Program.
Unsuitable sites include, for example, sites 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
- or from applicants who we prefer not to be associated with
We
grant you a non-exclusive, revocable right to use our present banners
and other such images for which we grant express permission, for the
purpose of identifying your site as a program participant and linking
to our site. You may not modify the banners or any of our images in any
way without our express permission. We will sue you if you do. We are
from California, we do stuff like that here.
We reserve all of our rights to our trade names and trademarks and all other intellectual property rights.
SPAM (unsolicited email)
We
will not tolerate the sending of unsolicited bulk emails which promote,
or make reference to 1888Orchids.com, or any of its associated
companies, Partners, or employees. Other prohibited forms of
advertising include postings to non-commercial newsgroups and
cross-posting 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 may have all outstanding
commissions forfeited.
Stay Safe, Don't SPAM.
We will NOT revoke affiliate status to avoid payment of owed or future commissions.
UNPROFESSIONAL CONDUCT
1888Orchids.com
and its associated companies operate with the strictest codes of
professional conduct. Any Affiliate who brings 1888Orchids.com or its
associates into disrepute, or who promotes any form of slander, racism,
or unfair business practices, will have their Affiliate status
cancelled and any outstanding commissions WILL be forfeited.
We
reserve the right to reject any affiliate application if in our
opinion, that person or company violates established laws or commonly
held standards of decency.
An affiliate who ignores warnings
to cease and desist any activities we deem negligent, inappropriate, or
harmful to 1888Orchids.com and or other affiliates will be terminated.
ORDER PROCESSING
We
will be solely responsible for processing every order for our products.
Customers will use our secure online ordering process. Order forms,
payment processing, shipping, cancellations, returns, and related
customer service are our responsibility.
All of our rules,
operating procedures and policies regarding customer orders and
accounts will apply to orders we receive through special links on your
site. We reserve the right to reject any order that does not comply
with our rules, operating procedures and policies.
Every
customer who buys a product through this program is deemed to be a
customer of ours. You do not have the authority to make or accept any
offer on our behalf. All our policies regarding customer orders,
including product availability, pricing and problem resolution, will
apply to these customers. We are not responsible for any
representations made by you which contradict our policies. See
"Policies/Contact" link at bottom)
** You CAN order our products
for your OWN PERSONAL USE through YOUR affiliate link! (This, in
effect, gives you an 8% "discount"!)
TRACKING OF SALES
We will be solely responsible for tracking sales we make to customers who follow links from your website.
Statements
of your sales activity will be available to you in "real-time" with a
special URL that we assign to you. Accessible 24 hours per day and 7
days per week. You may access these stats via a password and username
we assign.
Only two entities may access your stats and affiliate information. That would be you, and us 1888Orchids.com
LINKS
We
will provide you with a unique identifying URL for you to link to. Each
sale or referral that is generated from this URL will be attributed to
you. You will have access to your own private section to check your
stats in Real Time. Your links to the unique URL can be text links or
banner links, or a combination of the two, at your sole discretion. If
you choose banner links, you must use our banners. We will provide you
with a URL of all our banners, from which you can freely choose. You
may add as many links to 1888Orchids.com, or remove such links, at
anytime and without prior approval from us.
** Inactive
affiliates will be removed from participation in the Program. Inactive
means little or no "click-throughs" via your banner/text links, as
monitored via our affiliate program administrative panel, for a period
of sixty (60) days. And/or, non-placement of affiliate banners/text
ads. We will contact you after thirty (30) days of "inactivity".
Efforts will be made to help and encourage your participation in the
Program.
We will provide you with instructions on how to
properly format the links. You are responsible for ensuring the links
are formatted correctly. This will ensure accurate tracking of sales
for credit to your account. Every effort will be made to ensure that
our site is functional and available for customers referred to our site
through your "affiliate link".
We have NO responsibilities
with regard to your site. 1888Orchids.com shall have no liability for
any indirect, incidental, special or consequential damages or any loss
of revenue or profits arising under or with respect to this agreement
or the program. In addition, 1888Orchids.com's aggregate liability
arising under or with respect to this agreement or the program shall in
no event exceed total referral fees paid or payable to the affiliate
under this agreement.
COMMISSION AND PAYMENT
We
will pay you 8% of any and all purchases made by a customer referred by
your "affiliate link" through our banners or text links (Not including
any applicable sales tax and shipping charge).
Minimum amount for
payment is twenty five dollars ($25.00). Any amount under this will be
held in your account until the minimum for pay out is reached. (this is
ongoing)
Payment will be made in the form of a bank check from
us paid in US dollars. Checks will be mailed within 45 days of the
first of the month for the prior month's sales. For example,
commissions for sales made during May will be sent out on or before the
15th of July. We are not responsible for paying interest to Affiliates
for accrued but not yet delivered Commission payments.
Payment
will be made out to you and mailed to the address you provide at
sign-up. (you will be able to modify your address and contact info via
your private affiliate area)
Any "refunds" to a customer,
referred through your "affiliate link", will be deducted from your
"credited" commission/s. (The majority of customers gladly accept
replacement of products.) Charge backs (None to date!), if any, will be
deducted from your "credited" commissions.
TERM OF THE AGREEMENT
The
term of this agreement will begin upon our acceptance of your affiliate
program application and your placement of our banner or textual link on
your site and will end when terminated by either party. Either you or
we may terminate this agreement at any time, by giving the other party
written notice of termination. This will be in the form of "email". You
can only earn referral fees on sales occurring during the term. We will
never withhold any payment due. Payment of monies owed you will be
payable on the same schedule as stated above for commission payment.
Upon termination of this agreement, the former Affiliate must remove
all Affiliate links and graphics from its web site, and refrain from
publishing same in any manner whatsoever.
INCOME TAX LIABILITY
You
must understand and agree that you are acting as an independent
contractor and as such will be responsible for your own Income Taxes
and any other tax liabilities that affect the sales of our products in
your state or country.
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 new agreement on
our site. Any modifications will ALSO be notified, by email, to all
participating affiliates. If any modification is unacceptable to you,
you may terminate this agreement. Your continued participation in the
program following notification of our new program will constitute
binding acceptance of the change.
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 written here.
CONFLICTS AND DISPUTES
As
with any program, a conflict or dispute may occasionally arise due to
tracking, orders, commission calculation, performance issues and
appeals regarding "termination for cause". Below is outlined who to
contact and how to handle any such situation.
- If a concern
should arise, send an email stating your full name, your affiliate ID,
your address and state the specifics of your concern. Include any dates
or numbers that apply. We will investigate immediately and will reply
as soon as possible.
- Though we will be more than willing to
settle the dispute in as fair a manner as possible we realize this
situation may arise. In this case we will be open to mediation or
arbitration to settle the matter.
- We have NOT pre-selected a mediator or arbitrator. Should one be needed we will select a non-biased, third party moderator.
PRIVACY POLICY
It's
pretty simple... We 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 notify you of new
banners and or text links to facilitate promotion of 1888Orchids.com.
We Do Not Now nor Will We in the future, Sell, Rent or otherwise make
your personal information available to anyone!
This concludes
the agreement. Thank you for taking the time to read it carefully. We
look forward to working with you, our Valued Affiliates! By signing up
for our Program, you are in effect, agreeing to the above "affiliate
agreement".
end of Affiliate Agreement
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