For purposes of this Agreement, the term “the Affiliate” refers to the individual or legal entity who applies for and is accepted into the Affiliate Program. The term “MMO” refers to the sponsor of the Affiliate Program, Merchant Marketing Organization, (MMO). The term “MMO’s website” refers to the website that MMO maintains. The term “Affiliate website” refers to the website on which the Affiliate agrees to place a link to MMO’s website as specified hereof the term “Merchandise” means all products, merchandise and stock that is offered by the MMO for sale through its website.
1. AFFILIATE PROGRAM REGISTRATION
To register for the Affiliate Program, the Affiliate must complete and submit to MMO an Affiliate Program Application Form. The Affiliate Program Application Form is included on MMO’s website and can be completed and submitted through its website.
2. APPROVAL OR REJECTION OF AFFILIATE PROGRAM APPLICATION
MMO reserves the right to approve or reject ANY Affiliate Program Application in its sole and absolute discretion. The Affiliate will have no legal recourse against MMO for the rejection of the Affiliate Program Application.
3. TERMINATION AFTER ACCEPTANCE
Even after MMO has accepted the Affiliate as an Affiliate Program member, MMO reserves the absolute right to rescind or terminate the affiliate status for any reason in its sole and absolute discretion, including but not limited to the reasons set forth above.
4. NO REPRESENTATIONS REGARDING INCOME POTENTIAL
MMO makes no representations and warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from the affiliate status.
5. RESPONSIBILITY TO LINK TO THE MMO SITE
a. As a Program Affiliate, the Affiliate will have the obligations to place links on its site directing users to MMO’s site. MMO will make available to the Affiliate, button links, text links, and banner advertisements to be placed on the Affiliate’s website which will direct users to MMO’s website via hypertext link. As a Program Affiliate, the Affiliate is given a limited term license, during the term of the Affiliate’s active participation as a Program Affiliate, to utilize the MMO’s logo images provided to the Affiliate on the website that the Affiliate designates in the Affiliate Program Application.
b. MMO makes available to its Affiliates, links, banners, and other information advertising its site to be used subject to the terms of this Agreement. These materials will contain its trademarks and other proprietary property. The Affiliate may display these materials on the Affiliate’s website for the purpose of promoting MMO’s site and participating in this Affiliate Program. If the Affiliate discontinues the Affiliate Program or if the Affiliate participation is terminated for any reason, the Affiliate will immediately cease using these materials and will delete all such materials from its website and from its computer.
c. The Affiliate will only be permitted to use the links that MMO provided to the Affiliate on the website that the Affiliate designate in the Affiliate Program Application. Any additional websites or entities will require additional submissions of Affiliate Program Applications and approval by MMO.
d. The Affiliate will not modify the links or other materials that MMO provided to the Affiliate or the placement of the links on the Affiliate’s page. The Affiliate consent to MMO monitoring the Affiliate’s website to determine continued compliance with this Agreement.
e. The Affiliate consent to MMO including information relative to traffic from the Affiliate’s site in MMO reports. This information may be provided to outside parties.
f. You may not place links to MMO's website or website content in newsgroups, message boards, unsolicited email and other types of spam, banner networks, counters, chat rooms, guest books, IRC channels or through similar Internet resources.
6. CUSTOMER SERVICE
a. MMO will be responsible for handling all customer inquiries, product orders, customer billing and collection, product shipment relative to customers that enter MMO’s site through the links from the Affiliate’s site. Pricing of MMO products and services is totally within its discretion and MMO reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advanced notice to the Affiliate or users accessing the MMO’s site. MMO’s only responsibility to the Affiliate in this regard is to track customer orders that occur through links from the Affiliate’s website and make reports to the Affiliate of the commissions due to the Affiliate as a result thereof. All such reports shall be un-audited. MMO will have no obligation to provide the Affiliate with any specific information relative to any customer, regardless of whether they access MMO’s site through the link from the Affiliate’s site.
b. MMO is not responsible for the failure to assign any sale or commissions to the Affiliate if the same results from the improper formatting of the link from the Affiliate’s website. The Affiliate should assure at all times that the link is appropriately formatted and report any problems that the Affiliate may have with the same to MMO immediately.
a. Commissions will be paid to the Affiliate based upon a percentage of sales made to users who access MMO’s site through the Affiliate’s site. Commissions will be calculated based upon the gross sales price, but not including any shipping and handling, sales tax, special service fees such as gift wrapping or packaging, late charges, collection costs, imports/export duties, and any other payment made to MMO that is not the purchase price for the product that is purchased. Commissions will not be calculated based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. MMO reserves the right to deduct in subsequent months for any commission that MMO paid that is for a product that is subsequently returned or refunded, or for any other reason if the previous monthly commission was overpaid or later subject to reduction.
b. The percentages to be paid as commissions hereunder are currently as set forth in Exhibit A at the end of this Agreement. MMO reserves the right to change and amend the commission rate structure at any time, in MMO’s sole discretion.
c. Commissions will only be paid on sales that are tracked through MMO’s online tracking system and indicate the Affiliate’s website’s link as the source. There is no right to commissions if a user later returns to MMO’s site and makes a purchase through another link or source other than through the Affiliate’s website. The Affiliate has no right to commissions based upon subsequent sales, even if the customer first arrived at MMO’s site through the link from the Affiliate’s site. Commissions will only be tracked and paid when the user makes a purchase on the same visit that the user visits MMO’s site from the link to its site on the Affiliate’s site.
d. MMO will pay commission only upon collection by MMO. The Affiliate has no right to commissions until the applicable customer has paid MMO in full. Only purchases that are made through MMO’s online ordering process will count towards commission calculations. For example, if a customer visits MMO’s website through the link from the Affiliate’s website and instead of placing an online order calls and places an order via telephone, the Affiliate will have no right to any commission from that sale.
e. Commissions will be paid to the Affiliate on a monthly basis on or about the 5th day of the subsequent month for amounts received by MMO during the previous month. MMO does not guarantee an exact date of calculation of commissions or payments. All payments will be made via company check sent to the address that the Affiliate supplied in the Affiliate Program Application. MMO does not send payment if the total commission due to the Affiliate is not at least $30.00. Amounts below $30.00 will accrue to the Affiliate account and payment will be made for the month when the Affiliate’s total commissions achieve the minimum $30.00. MMO reserves the right to amend the minimum commission payment amount at any time.
8. CUSTOMERS’ PROVENANCE
All parties who make purchases through MMO’s website, regardless of whether they may have reached its website through the link from the Affiliate’s website, are deemed to be MMO’s customers and not the Affiliate’s customers relative to MMO’s products and services. MMO will have the right to contact these customers and send future marketing offers to them. The Affiliate will have no right to commissions on subsequent purchases that may be made by these customers, exc