In this agreement, the term "Participant" refers to
you (the applicant), and "sponsoring website" refers to the website from which
you will link ArtDeadline.Com. Wherever the agreement refers to "you" or
"your", it means "the Participant"; "we" or "our"
refer to Access Arts / ArtDeadline.Com and the term "Subscriptions" refers to all
Subscriptions provided by Access Arts / ArtDeadline.Com..
You can add or remove links at any time: You may add as
many links to Access Arts / ArtDeadline.Com, or remove such links, at anytime and without prior approval
from Access Arts / ArtDeadline.Com.
Referral Fee Qualifying Subscriptions: Subscriptions sold by
Access Arts / ArtDeadline.Com. originating from a special link at your sponsoring website qualify to earn you
referral fees. The following Subscriptions will be considered "qualifying":
Subscriptions that meet the following criteria:
Subscriptions sold to customers who follow a special link from your
sponsoring website to our site and submit that order by using Access Arts / ArtDeadline.Com
order forms.
The following Subscriptionss or service will not be considered qualifying for
referral fees:
Subscriptionss or services sold through any other special link to our site other than
the specific URL that you are assigned to your sponsoring website.
Referral Fee Amount: Only qualifying Subscriptions that are sold by
Access Arts / ArtDeadline.Com,
provided to a
customer after completion of all customer ordering requirements (i.e..,
completion of Order Form and Survey) and for which Access Arts / ArtDeadline.Com
has received full payment will qualify for a referral
fee.
The total of such sales in any given month will generate
referral fees, based upon the applicable referral fee, according to the
following schedule:
4.00 for each paid subscription
Referral Fee Payment: Access Arts / ArtDeadline.Com. will send a referral
fee check for the applicable referral fees approximately 5-10 days after the 20th of each
month for the previous month. You must have earned at least 25.00 for that
month to receive payment, otherwise the amount will carry over into
the following month until such time 25.00 is accumulated.
Referral Fees:
Returns and Cancellations: If a referral fee
of a qualifying Subscription is later returned by the customer, its referral fee will be deducted from the next
monthly payment sent to the Participant. If there is no next monthly payment, the
Participant will be billed and accepts obligation of repayment by agreeing
to these terms.
Order Processing: Access Arts / ArtDeadline.Com
will be solely responsible
for processing every order placed by a customer following a special link from your
sponsoring website. Order entry will use Access Arts / ArtDeadline.Com.'s online order form or secure online
ordering process. Order forms, payment processing, shipping, cancellations, returns, and
related customer service are the responsibility of Access Arts / ArtDeadline.Com..
All of the rules, operating procedures and policies of
Access Arts / ArtDeadline.Com. regarding customer orders and accounts will apply to orders we receive through
special links on your sponsoring website. Access Arts / ArtDeadline.Com reserves the right to reject any
order that does not comply with our rules, operating procedures and policies.
In addition, due to the nature of the internet, we cannot guaranteed
that all potential customers originating from a affiliate link will be
captured and thus credited. We will only pay affiliates based on
successful capture and payment of orders. Acceptance of this agreement
accepts such conditions.
Tracking of Sales: Access Arts / ArtDeadline.Com
will be solely
responsible for tracking sales we make to customers who follow special links from the
sponsoring website. The Participant will be solely responsible for ensuring that these
special links are formatted properly, a necessary prerequisite to tracking such sales.
Statements of Subscriptions sales activity will be provided to the Participant in realtime with
a special URL that they are assigned.
Promotional Techniques: You are free to promote the link
to Access Arts / ArtDeadline.Com in all the ways possible excluding inapproproate Internet marketing
techniques. Examples of acceptable ways to promote the Subscriptions is: through banners, text
links, letters of recommendation to newsletters subscribers or your client base. However,
if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or
offer the Subscriptions on any WAREZ, CRACK, or SPAM oriented site, your account will be
immediately terminated! Any upaid sales generated will
NOT be paid and will become the property of Access Arts / ArtDeadline.Com.
Copyrighted material: As the Participant, you are solely
responsible for ensuring that your reviews, Subscriptions descriptions and articles (if
applicable at your site) obey all applicable copyright and other laws. You must have
express permission to use another party's copyrighted material. Access Arts / ArtDeadline.Com
will not be
responsible if you use another party's copyrighted material in violation of the law.
Access Arts / ArtDeadline.Com policy applies to all orders:Every
customer who buys a Subscriptions through this program is deemed to be a customer of
Access Arts / ArtDeadline.Com, excluding the approved affiliate, who does not qualify for the 4.00
referral fee for self use. The Participant does not have the authority to make or
accept any offer on behalf of Access Arts / ArtDeadline.Com. All Access Arts / ArtDeadline.Com
policies regarding customer
orders, pricing and problem resolution, will apply to
these customers. Access Arts / ArtDeadline.Com is not responsible for any representations made by the
Participant which contradict our policies.
Subscriptions prices and availability:The price charged for
every Subscriptions sold under this program will be determined by Access Arts / ArtDeadline.Com
according to our
own pricing policies. In case of any price discrepancies, the price charged to the
customer will always be the price listed on Access Arts / ArtDeadline.Com webpage linked from your
sponsoring website.
Subscriptions availability can change, and Access Arts / ArtDeadline.Com
will present
the best information available to all sponsoring sites and its clients regarding
Subscriptions availability.
Website service interruption: Access Arts / ArtDeadline.Com
will make
every effort to keep its website operational. However, certain technical difficulties may,
from time to time, result in temporary service interruptions. The Participant agrees not
to hold Access Arts / ArtDeadline.Com liable for any of the consequences of such interruptions.
Term of the Agreement: The Participant may receive
referral fee payments on qualifying orders that are placed during the term of this
agreement. This term will begin on the date that your application is approved by
Access Arts / ArtDeadline.Com, and shall end when canceled by either party as provided below.
Referral Fees earned through the date of expiration or
cancellation of this agreement will remain payable only if the Subscriptions
are not returned or
canceled from their orders. Payment of the final referral fee payment to the Participant
may be withheld for a reasonable time in order to ensure that the correct amount is paid.
The agreement may be modified: Access Arts / ArtDeadline.Com. reserves the
right to change any of the terms and conditions in this agreement, at any time and in its
sole discretion, by posting a new agreement on our website. You can review
these agreement here at anytime.
Cancellation of this agreement: Either Access Arts / ArtDeadline.Com
or
the Participant, acting in their sole discretion, may choose to cancel this agreement at
any time by written notice of cancellation to the other.
Stuff only lawyers can understand (but it's
part of the agreement):
Warranty Disclaimer:
Access Arts / ArtDeadline.Com makes no warranties, representations
or conditions with regard to the program or, except as expressly set forth in
Access Arts / ArtDeadline.Com's then current Subscriptions
sales policies, any Subscriptions sold thereunder,
whether express or implied, arising by law or otherwise, including without limitation any
implied warranty of merchantability or fitness for a particular purpose or
non-infringement or any implied warranty arising out of Subscriptions of performance,
Subscriptions of
dealing or usage of trade.
Limitation of Damages:Access Arts / ArtDeadline.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, even if
Access Arts / ArtDeadline.Com has been advised of the possibility of such damages. Further,
Access Arts / ArtDeadline.Com.'s
aggregate liability arising under or with respect to this agreement or the program shall
in no event exceed the total referral fees paid or payable by Access Arts / ArtDeadline.Com
to Participant
under this agreement.
Miscellaneous:Participant and Access Arts / ArtDeadline.Com. are
independent contractors and nothing in this agreement is intended to or will create any
form of partnership, joint venture, agency, franchise, sales representative or employment
relationship between the parties. Participant shall not assign this Agreement, by
operation of law or otherwise, without the prior written consent of Access Arts / ArtDeadline.Com. Subject
to the foregoing restriction, this agreement is binding upon, insures to the benefit of
and is enforceable by the parties and their respective successors and assigns.
Governing Law: This agreement shall be governed by the
laws of the United States and Canada without reference to its choice of law principles.
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