| This
Agreement contains the complete terms and conditions that apply to an
individual's or entity's participation in the linker4u.com Associate Program
(the "Program"). As used in this Agreement, "we" means
linker4u.com, Inc., and "you" means the applicant. "Site"
means a World Wide Web site and, depending on the context, refers either
to linker4u.com's site or to the site that you will link to our site.
1.
Enrollment in the 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
- Violate intellectual
property rights
If we reject your application,
you are welcome to reapply to the Program at any time. 2.
Links on Your Site
General Link to linker4u.com's
Home Page: You may provide a general link on your site to our home page
in a format to be approved by linker4u.com. We will provide you with guidelines
and graphical artwork to use in linking to our home page.
3. Order Processing We
will process product orders placed by customers who follow special links
from your site to the linker4u.com site. We reserve the right to reject
orders that do not comply with any requirements that we periodically may
establish. 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. We
will track sales made to customers who purchase products using special
links from your site to our site and will update sales activities on daily
basis. To permit accurate tracking, reporting, and fee accrual, you must
ensure that the special links between your site and our site are properly
formatted.
4.
Commission Fees
We will pay you commissions
on all product sales from customers referred from your site. For a product
sale to generate a commission, the customer must follow a special link
(in the format specified by linker4u.com) from your site to the linker4u.com
site; purchase the product using our automated ordering system; accept
delivery of the product at the shipping destination; and remit full payment
to us. We will not, however, pay commissions on any products that are
added to a customer's Shopping Cart after the customer has reentered the
site (other than through a special link from your site), even if the customer
previously followed a link from your site to our site. We will also not
pay commissions on any referred Gift Certificate purchases. The Program
is intended for commercial use only, and you may not purchase products
through the Program for your own use. Such purchases may result (in our
sole discretion) in the withholding of commissions or the termination
of this Agreement. Products that are entitled to earn commissions under
the rules set forth above are hereinafter referred to as "Qualifying
Products".
**Only for Public Member buyer, Wholesaler
Member make purchase though any affiliate banner will not included.**
5. Fee Schedule You
will earn commissions based on the sale price of Qualifying Products (as
defined above), according to the fee schedule established by linker4u.com.
"Sale price" means the sale price listed in our catalog (under
the "our price" column) and excludes the cost of shipping, handling
and taxes, if any. The current commission rate is 7% of the sale price,
on the day of order, for sales of all Qualifying Products.
6. Fee Payment We
will pay you your by Paypal within 10 days after the close of each calendar
month (minimum $20). If your account is below $20 at the end of the month,
it will be carried over to the following month. If you want to
keep the credit and buy goods from our web in the
future, you can request by sending e-mail at here.
Our Affiliate Program Customer Service Department will help you as you
want.
7. Policies and Pricing Customers
who buy products through this Program will be deemed to be customers of
linker4u.com. Accordingly, all linker4u.com's rules, policies, and operating
procedures concerning customer orders, customer service, and product sales
will apply to those customers. We may change our policies and operating
procedures at any time. For example, we will determine the prices to be
charged for products sold under this Program in accordance with our own
pricing policies. Product prices and availability may vary from time to
time. Because price changes may affect products that you already have
listed on your site, you may not include price information in your product
descriptions. We will use commercially reasonable efforts to present accurate
information, but we cannot guarantee the availability or price of any
particular product.
8. Identifying Yourself as an Associate
We will make
available to you a small graphic image that identifies your site as a
Program participant. You must display this logo or the phrase "In
association with linker4u.com" somewhere on your site.
P.S. We guarantee
you the same high level of customer service you would receive at linker4u.com.
If you have a question about an order you've placed, please don't hesitate
to contact us.
We may modify the
text or graphic image of this notice from time to time.
9. Limited License We
grant you a nonexclusive, revocable right to use the icon and message
described in Section 8 and such other images for which we grant express
permission, solely for the purpose of identifying your site as a Program
participant and to assist in generating product sales. You may not modify
the icon, the message, or any of our images in any way. We reserve all
of our rights in the icon, the message, any other images, our trade names,
and all other intellectual property rights. We may revoke your license
at any time by giving you written notice.
10. 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, privacy, or other personal
or proprietary rights)
- Ensuring that materials
posted on your site are not libelous or otherwise illegal
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.
11. Terms of the Agreements
The terms 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. You are only eligible to earn commissions
on sales of Qualifying Products occurring during the term, and 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.
12. 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 change notice or
a new agreement on our site. Modifications may include, for example, changes
in the scope of available referral fees, fee schedules, payment procedures,
and Program rules.
IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A
CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
13. 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.
14. 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 commissions paid or payable to you under
this Agreement.
15. 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, non-infringement,
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.
16. Independent Investigation
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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