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1)
Term of
the Agreements:
The term of this Agreement will begin upon our acceptance of your Affiliate
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
referral fees on sales occurring during the term.
2)
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 this 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.
3)
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 to this Agreement.
4)
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 website. 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.
5)
SPAM:
JDC Baits has a zero tolerance policy for SPAM. Any
Affiliate accused of SPAMMING will be immediately suspended while JDC Baits, in their sole discretion, determines if the validity
of the SPAM complaint. Valid SPAM complaints will result in the immediate
termination of your account and forfeiture of any commissions owed you.
6)
Miscellaneous:
This Agreement will be governed by the laws of the United States and the
state of Georgia, without reference to rules governing choice of laws. Any
action relating to this Agreement must be brought in the federal or state
courts located within 50 miles of Athens, Georgia, and you irrevocably consent
to the jurisdiction of such courts. You may not assign this Agreement, by
operation of law or otherwise, without our prior written consent. Subject
to that restriction, this Agreement will be binding on, inure to the benefit
of and be enforceable against the parties and their respective successors
and assigns. Our failure to enforce your strict performance of any provision
of this Agreement will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this Agreement.
7)
Payments:
We shall pay 8% of gross revenues for retail sales of JDC Baits Mail referred
by an affiliate and 2% of gross revenues for retail sales by any referred affiliates.
A commission will only be credited to an affiliate after the customer has
made full payment to JDC Baits. If a customer later requests a refund or
a chargeback is issued by the credit card holder whose credit card was used
to pay for that customer's account, any commissions that were credited will
be deducted from the next monthly payment. If there is no next monthly payment,
the affiliate will be billed and hereby agrees to be bound by law to reimburse
JDC Baits in full for any such commissions. Payments will be issued via PayPal
only. You must have a PayPal account. It is free to sign up with PayPal.
Sign up at by clicking on this link to
PayPal Home.
Affiliates must have accumulated commissions of at least $25 for a given
payment period before payment will be issued. If commissions are less than
$25 for a given month, the commissions will be held over till the next
month. This will continue until the commissions accumulate to more than $25. Commissions are not paid on wholesale orders.
8)
Linking:
We will provide you with links, including URL addresses and appropriate
graphics (the Link Materials), with which you may link your Web site to
our Web site (http://jdcbaits.com)
or such other Web site(s) as we may establish from time to time). Details
on accessing these Link Materials are set out in the Affiliate Network
Description below. If you are an approved Affiliate, we grant you a
non-exclusive limited license solely to reproduce and use these Link
Materials, including our trademarks to the extent they are incorporated into
these Link Materials, only while you are an Affiliate and only in accordance
with the terms and conditions of this Agreement. You agree to display the
Link Materials appropriately on your Web site and to respect our trademarks,
service marks, and other rights in the Link Materials. You will use only
these Link Materials to link your Web site to ours, and you will not alter
the look or feel of these Link Materials or of our Web site in any way.
You will use reasonable efforts to update to new versions of Link Materials
as we make them available.
9)
Tracking:
JDC Baits will be solely responsible for tracking
sales using special software that communicates with the specially encoded
URLs assigned to affiliates. JDC Baits will endeavor
to do its best to ensure accurate tracking of referrals made by affiliates.
Affiliates will themselves be solely responsible for ensuring that these
special URLs are formatted properly, a necessary prerequisite to accurate
tracking of referral sales. Notwithstanding the above statement of
responsibility by JDC Baits to track sales,
affiliates hereby acknowledge and accept that the tracking system employed
by JDC Baits is not 100% fail-safe and that there may
on occasion be instances of referral sales made that are not credited to an
affiliate for any of the following possible reasons:
·
Failure
by the affiliate to use the proper format of the specially assigned URL in
promotions, webpage links, banner ads, and so on Deliberate or accidental
actions by customers to circumvent an affiliate's special URL so that our
software is unable to accurately track that sale.
·
Bugs,
glitches or crashes of the tracking software that render it unable to
accurately track sales for a period of time.
·
Acts of
nature that cause irretrievable data loss on the computers and back-up disk
media.
We will
pay referral fees on JDC Baits products after the customer has re-entered our
site through the use of a cookie placed on the end user computer. If, through
no fault of ours, the cookie is removed or not allowed by the end user, that
customer's purchase may be tracked only if customer enters our site directly
through a link from your site. The cookie may expire at the end of 90 days
or a time period determined solely by JDC Baits .
10)
Relationships and Responsibilities:
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
·
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.
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)
Relationship of Parties:
JDC Baits and your company 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 agreement. |