This agreement describes the entire
terms and conditions for participation in Aplasticbag.com
Associates Program. In this agreement, the term
"Participant" refers to you (the applicant), and
"sponsoring website" refers to the website from which
you will link to Aplasticbag.com. Wherever the agreement refers to
"you" or "your", it means "the
Participant"; "we" or "our" refer to Aplasticbag.com
and the terms "product" or "products" refer to
the Qualifying all Products.
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:
If we reject your application, you
are welcome to reapply to the Program at any time. You should also
note that if we accept your application and your site is
thereafter determined (in our sole discretion) to be unsuitable
for the Program, we may terminate this Agreement.
Links on Your Site
Once you have been notified that your site has been accepted into
the Program, you may provide on your site one or more of the
following types of links to our site:
Product Links: You may select one
or more Products to list on your site. A "Product" is
any product listed on our site, . For each selected Product, you
will display on your site a short description, review, or other
reference. You will be responsible for the content, style, and
placement of these references. You will provide a Special Link (as
defined below) from each Product reference on your site to the
corresponding Aplasticbag.com online catalog entry. Each such link
will connect directly to a single item in our online catalog. You
may add or delete Products (and related links) from your site at
any time without our approval.
General Link to Aplasticbag.com
Home Page: You may provide a general link on your site to our home
page at http://www.aplasticbag.com.
We will provide you with guidelines
and graphical artwork to use in linking to our home page. To
permit accurate tracking, reporting, and referral fee accrual, we
will provide you with special "tagged" link formats to
be used in all links between your site and our site. You must
ensure that each of the links between your site and our site
properly utilizes such special link formats. Links to our site
placed on your site pursuant to this Agreement and which properly
utilize such special link formats are referred to as "Special
Links." You will earn referral fees only with respect to
activity on our site occurring directly through Special Links; we
will not be liable to you with respect to any failure by you to
use Special Links, including to the extent that such failure may
result in any reduction of amounts that would otherwise be paid to
you pursuant to this Agreement.
You acknowledge that, by
participating in the Associates Program and placing any of the
above links within your site, Amazon.com may receive information
from or about visitors to your site or communications between your
site and those visitors. Your participation in the Amazon.com
program constitutes your specific and unconditional consent to and
authorization for Amazon.com's access to, receipt, storage, use,
and disclosure of any and all such information, consistent with
the policies and procedures set forth in Amazon.com's Privacy
Notice.
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Order Processing:
Aplasticbag.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 Aplasticbag.com
secure online ordering process, payment processing,
shipping, cancellations, returns, and related customer service
are the responsibility of Aplasticbag.com.
All of the rules, operating
procedures and policies of Aplasticbag.com regarding customer
orders and accounts will apply to orders we receive through
special links on your sponsoring website. Aplasticbag.com
reserves the right to reject any order that does not comply
with our rules, operating procedures and policies.
Referral Fee Qualifying
Products:
You will earn referral fees based
on Qualifying Revenues according to referral fee schedules to be
established by us. "Qualifying Revenues" are revenues
derived by us from our sales of Qualifying Products, excluding
costs for shipping, handling, plate setup charges, gift-wrapping, taxes, service
charges, credit card processing fees, returns and bad debt. The
current referral fee schedule is:
We
will pay you 15% (fifteen
per-cent) of the gross sale on That
Transaction
Referral Fee Payment:
The purchase price of referral fee qualifying products will count
toward the total sales during the calendar month in which such
products are sold. Only qualifying products that are sold by
Aplasticbag.com,
shipped/sent to a customer and for which Aplasticbag.com has
received full payment will qualify for a referral fee.
Aplasticbag.com will send a
referral fee check for the applicable referral fee approximately 7
days after the 1st of each calendar month.
Returns and Cancellations:
If a referral fee qualifying product is later returned or misprint 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.
Tracking of Sales:
Aplasticbag.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 course 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 Aplasticbag.com in all the
ways we recommend in the introduction email letter you receive by
email immediately after you sign up. Examples of acceptable ways
to promote the custom printed bags are: 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 bags on any WAREZ,
CRACK, or SPAM oriented site, your account will be immediately
terminated! Any referral fees not paid up to the point of
termination will not be paid to you and will be property of
Aplasticbag.com.
References/Testimonials:
You agree to cooperate with Aplasticbag.com in the development of
joint press releases and testimonials. You further agree that you
will allow us to use your company name in marketing collaterals
and make reference to you on our website.
Associates Signing-Up Under
Themselves: We will not tolerate current
associates signing themselves up as sub-associates under their own
assigned referral number in order to generate the additional
commissions for their own sales. We have extensive tracking
software in place to deter this (which is programmed to look for
any similarities whatsoever in any of our associate records and
flag us). If we find that this ever the case, the account(s) in
question will be immediately terminated and any referral fees
unpaid since our last referral payout will remain sole property of
Aplasticbag.com. To put it bluntly, it's not worth trying!
Copyrighted material:
As the Participant, you are solely responsible for ensuring that
your reviews, course 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. Aplasticbag.com will not be responsible if you use
another party's copyrighted material in violation of the law.
Aplasticbag.com
policy applies to all orders: Every customer who buys a
product through this program is deemed to be a customer of
Aplasticbag.com.
The Participant does not have the authority to make or accept any
offer on behalf of Aplasticbag.com. All Aplasticbag.com policies
regarding customer orders, including product availability, pricing
and problem resolution, will apply to these customers. Aplasticbag.com
is not responsible for any representations made by the Participant
which contradict our policies.
Product prices and availability:
The price charged for every product sold under this program will
be determined by Aplasticbag.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 Aplasticbag.com
webpage linked from your sponsoring website.
Product availability can change,
and Aplasticbag.com will present the best information available to
all sponsoring sites and its clients regarding product
availability.
Website service interruption:
Aplasticbag.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 Aplasticbag.com liable for any of
the consequences of such interruptions.
Trademarks, Trade Names, &
Patents: You hereby recognize our right
of ownership of all Trademarks, Trade Names, and Patents
associated with these services. You will act consistently with
these rights and act to preserve them in the course of marketing
and sales of these services. We grant you the right to our
Trademarks and Trade Names in connection with marketing and sales
of these services.
Term of the Agreement:
The term 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. Upon the termination of this Agreement for any
reason, you will immediately cease use of, and remove from your
site, all links to our site, and all Aplasticbag.com
trademarks, and logos, and all other materials provided by
or on behalf of us to you pursuant hereto or in connection with
the Program. You are eligible to earn referral fees only on our
sales of Qualifying Products that occur during the term, and
referral 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.
The agreement may be modified:
Aplasticbag.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.
Cancellation of this agreement:
Either Aplasticbag.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.
Warranty Disclaimer:
Aplasticbag.com
makes no warranties, representations or conditions with regard to
the program or, except as expressly set forth in Aplasticbag.com's
then current product sales policies, any products 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 course of performance, course of
dealing or usage of trade.
Limitation of Damages:
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 this Agreement.
Miscellaneous:
Participant and Aplasticbag.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 Aplasticbag.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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