Associates will earn a 10% referral fee on sales resulting from visitors coming from their web site. Each time a sale is made to a visitor coming from your web site, an email will alert you to this event. Sales reports will accompany the check.
Associate Operating
Agreement This Agreement contains the complete terms and conditions that apply
to an individual's or entity's participation in the 4expertise.com Associates
Program (the "Program"). As used in this Agreement, "we" means 4expertise.com,
Inc., and "you" means the applicant. "Site" means a World Wide Web site
and, depending on the context, refers either to 4expertise.com's site
located at the URL www.4expertise.com, or to the site that you will
link to our site (and which you will identify in your Program application).
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 (at 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
Include "4expertise" or variations or misspellings thereof in their
domain names
Otherwise violate intellectual property rights
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 (at 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 will be provided with the following image to be displayed on your web site.
General link to 4expertise.com home page: You may provide a general
link on your site to our home page at http://www.4expertise.com. We
will provide you with guidelines and graphical artwork to use in linking
to our home page.
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 only earn referral fees 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 which would otherwise be paid to you pursuant
to this Agreement.
Order Processing
We will process product orders placed by customers who follow special
links from your site to our 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 make available to you reports summarizing this sales activity. The
form, content, and frequency of the reports may vary from time to time
at our discretion.
Referral Fees
We will pay you (in accordance with Sections 5 and 6 below) referral
fees on certain Product sales to third parties. For a Product sale to be
eligible to earn a referral fee, the customer must follow a Special Link
from your site to our site, select and purchase the Product using our automated
ordering system, accept delivery of the Product at the shipping destination,
and remit full payment to us. Gift certificates are not eligible to earn
referral fees. Special promotions or "loss leader" items are also ineligible
to earn referral fees.
Referral Fee Schedule
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, gift-wrapping, taxes, service charges, credit
card processing fees, and bad debt. The current referral fee schedule is: 10% of Qualifying Revenues from the sale of each product that, on the
date of order, is listed in our catalog and that is added to the customer's
Shopping Cart directly from the first page that results from following
a Special Link from your website.
Referral Fee Payment
We will pay you referral fees on a monthly basis. Approximately 10
days following the end of each calendar month, we will send you a check
for the referral fees earned on our sales of Qualifying Products that were
shipped during that month, less any taxes that we are required by law to
withhold. However, if the referral fees payable to you for any month are
less than $50.00, we will hold those referral fees until the total amount
due is at least $50.00 or (if earlier) until this Agreement is terminated.
If a Product that generated a referral fee is returned by the customer,
we will deduct the corresponding referral fee from your next monthly payment.
If there is no subsequent payment, we will send you a bill for the referral
fee.
Policies and Pricing
Customers who buy products through this Program will be deemed to be
customers of 4expertise.com. Accordingly, all 4expertise.com 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.
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 4expertise.com" somewhere on your site. We may
modify the text or graphic image of this notice from time to time. In addition,
we encourage (but do not require) you to include a Special Link on your
site to the 4expertise.com home page at http://www.4expertise.com.
You may not make any press release with respect to this Agreement or your
participation in the Program without our prior written consent, which may
be given or withheld in our sole discretion.
Limited License
We grant you a nonexclusive, revocable right to use the graphic image
and text 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 graphic image or text, or any other of our images, in any
way. We reserve all of our rights in the graphic image and text, any other
images, our trade names and trademarks, and all other intellectual property
rights.
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,
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.
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 4expertise.com
trademarks, trade dress 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 only eligible to earn referral fees on our sales of Qualifying
Products occurring 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.
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, referral 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.
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.
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 this Agreement.
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.
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.
Miscellaneous
This Agreement will be governed by the laws of the United States and
the state of California, without reference to rules governing choice of
laws. Any action relating to this Agreement must be brought in the federal
or state courts located in San Diego, California, 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 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.
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