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Our
affiliate partner link must be placed on sites with family-rated content.
Every site is reviewed before an Internet Partner Link account is
activated. Unacceptable sites are those which contain,
condone, promote or link to other sites with:
-
hate or
discrimination based on nationality, race, religion, disability or
age
-
illicit
or morally objectionable lifestyle
-
intellectual
property rights violations
-
pornography
-
sexuality/sexual
orientation
-
slander, disparaging
or libelous materials
-
religious
cults
-
the
occult
-
unfair business
practices
-
warez
-
violence
or illegal activities
We reserve
the right to reject sites that are not suitable for our products. If
your link is placed on an unacceptable site or a page that forwards to a
unacceptable site, you will be removed from the program without notice
and forfeit any earned commissions.
You agree to the following:
1. Steps to be completed. Partner
Link Applicants must complete the following steps:
- read this agreement
- fill out the Application
- submit a valid e-mail address on your
application
- submit your web site for review
- if accepted, we will send you a link
to the partner site
- go there to set up your account
- return to our site and get your text
or graphic link
- add the link to your site
- test the link to be sure it is working
correctly to our site. Verify that it is correctly recording sales.
- generate a sale then check your stats
to be sure it is functioning
2. Partner Links. You must display
the KCIC Partner Link on your web site in order to get credit for your
sales. We will track your sales by using
text or graphic links from your site to ours. We will provide you with an
on line sales report that you can access from our Partner Link site. In order to
accurately record your sales, you must be sure the links between your site and ours are made with URL
we provided. You must also test the links to be sure they are working
properly. We are not responsible for lost
commissions due to improperly installed or inoperable links. If you have
a problem installing your links or with an inoperable link, contact customer support
or call us (1.888.539.2884
) immediately.
3. Liability.
We accept no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if
KCIC has been advised of the possibility of such damages. You will indemnify and hold us harmless from all claims, damages, and expenses relating to the development, operation, maintenance,
products on and contents of your website - including
( without limit) attorneys' fees. KCIC's
total liability arising under or with respect to this agreement or
this program shall in no event exceed the total commissions paid or payable by
to you under this agreement. If we must terminate your
participation because of your actions, you are solely responsible for
any resulting financial penalties. We are not liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data).
We can not guarantee that the operation of our website will be uninterrupted or error-free, and we
are not liable for the consequences of any interruptions or errors.
4. Valid Sale. For a sale to be
valid, your referral must execute the link from your site to ours, purchase an
ornament using our shopping cart, pay for the product using our secure
processor and receive the ornament at their chosen shipping or mailing
address and keep the ornament over 120 days. You will be able to track
your clicks and sales at the partner site. If the sale is charged
back or the ornament returned for a refund that is not a valid sale.
5. Payout.
You will earn 10% of the purchase price of each ornament. The ornament
must be purchased from a click through of the referral link on your web
site. Thirty days after the end of each month we will send you a check for
your commission on the ornament products shipped during the preceding month, less any required
taxes. We will also withhold 25% of your first check for 60 days to cover potential
chargebacks. If none of your referrals post a charge back, the money
will be sent to you.
We do not pay commission on sales that
are fraudulently generated, sales from your referral link that later
prove to be fraudulent or sales that are charged back. Commission paid
on fraudulent or charged back sales will be withheld from future
commissions. If a sale made from your
referral link is charged back after we have paid your
commission and you have no commissions pending, you are required to return the commission within 15
days of our written notice or your account will be closed.
If the amount exceeds commissions due or you are no longer in the program, the
amount paid/balance due must be returned by you within 15
days of our written notice. If we must hire a collection agency to
collect, you
will be responsible for payment of related fees.
6.
Order Processing. We are responsible for all order processing, shipping, cancellations, returns,
fulfillment of orders and related customer service for referrals from your site to KCIC
Christmas Ornaments. We will reject orders that do not originate from
the link on your primary web site or a site registered with us. You will receive
notice of mail order or fax order sales when the referral submits your
Partner ID number with the order.
7. Your Commission. Your
commission is based up on the sale of Christmas ornaments only. Ornament
stands and hangers are excluded. The sale price upon which your commission
will be paid is the actual price of the ornament before shipping and
handling. Please note, the ornament prices posted on our site include
shipping and handling. No interest is paid on commission payments that are pending payment.
8. Affiliate Graphic or Image.
We will give you one or more images or phrases to place on your site. We may modify this image from time to time.
You are not permitted to alter this image, post ornament images or the
prices of our products on your site. You are not permitted to use our
graphics or text in your written sales or marketing literature without
prior written consent from KCIC Christmas Ornaments.
9. Our
Intellectual Property Rights. We reserve all the copyrights for our
products, images, the text link phrase supplied to you, our trade names and trademarks, and all other intellectual property rights. You may not
modify or transfer any image/phrase obtained through your Partner Link.
If you violate the terms of this agreement and your Partner Link account
is terminated as a result, your license to use our text/ images is
revoked as well. We may alter or revoke your license to use our images
and text at any time without written notice. We will vigorously
prosecute any violation of our copyrights.
10. Your site. You will be responsible for all aspects of your
own web site. We have no liability whatsoever in connection with your
site, your products or your method of doing business. You agree to hold us harmless from all claims,
expenses or damages relating to the development, operation, maintenance, and contents of your site.
Your website shall not, in any way, copy or resemble the look and feel of our website nor will you create the impression that your website is our website or is a part of our website, nor will you frame any page on the
KCIC Christmas Ornament website.
11. Marketing
your Internet Partner Link. Under NO circumstances are you
permitted to use UCE or unsolicited commercial e-mail (aka SPAM) to
promote your Partner Link or KCIC Christmas ornaments. If you do, we
will cancel your account and you will forfeit any commissions earned.
12. Your privacy. We will not under
any circumstances sell, lease or rent the confidential personal or
business information given to us when you open your account. We may
however, use your e-mail address to contact you occasionally with
changes in or news about KCIC ornaments or the Partner Link Program.
13. Employer/employee relationship. You are
entering this program/agreement as an independent contractor. You are not an
employee of KCIC Christmas Ornaments. Nothing in this Agreement creates
or should be construed as creating a partnership, joint venture, agency, franchise, sales representative, or employer/employee
relationship between you and KCIC Christmas Ornaments. You have no authority to make or accept any offers or representations on our behalf.
Any expenses incurred by you to promote sales from your
site are not the responsibility of KCIC Christmas Ornaments.
Your tax liability. You
are responsible for your own local, state and national income taxes or any other tax liabilities
resulting from the sales of our products in your state or location.
14.
Customers of KCIC Christmas Ornaments. Referrals from your site are considered to be customers of KCIC
Christmas Ornaments. Our shipping, warranty, return/refurb, customer
service and marketing policies will apply to their transactions on our
site. We reserve the right to change our policies and operating procedures at any
time without notice to you.
15. Changes.
We may change any conditions or terms contained in this agreement, at any time,
at our discretion. If we do so, the change will be posted on our site.
We may also notify you separately by e-mail. You can terminate
your participation in the Partner Link Program and this agreement at any
time. Your continued participation in this program following a change
posted on our site will constitute
a binding acceptance of that change. If changes to the terms of
this agreement are not acceptable to
you, your only recourse is to terminate your participation Agreement.
16. Terminations.
If you as an Internet Partner act in
such a way that you cause or create a financial, legal or ethical
dilemna for KCIC Christmas Ornaments, your Internet Partner ID will be terminated
and your outstanding commissions will be forfeited.
Upon termination, you must remove all KCIC text Partner links and graphics from
all your web sites registered with us. Thereafter, you are not permitted
to post our links in any manner whatsoever.
Commissions earned up to or after the date of your termination will be
paid 127 days after termination and only if the ornament orders are not canceled or returned.
17. Your agreement. By joining
the Partner Link Program, you
are agreeing to the terms and conditions outlined above. This Agreement
is governed by the laws of the United States.
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