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Affiliate Agreement
Operating Agreement
This agreement describes the entire terms and conditions for
participation in the CrystalCrib.com Affiliate Program (Herein
referred to as the "Program"). In this agreement,
the term "participant" refers to you (the applicant),
and the "sponsoring website" refers to the website
from which you will link to CrystalCrib.com.
In this agreement, "you" and "your" refers
to the Participant. "CrystalCrib.com", "Crystal
Crib", "we" or "our" refers to CrystalCrib.com.
1. Enrollment in the Program
You will have to submit a complete Program application via
our website. 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, disability,
sexual orientation or age.
- Promote illegal activities.
- Include "CrystalCrib.com" or misspellings thereof
in their domain names.
2. Linking
Once you have been notified that your website has been accepted
into the Program, you may provide on your website any number
of links to our website. You may add a text link, a banner link,
product/service links, search box link or/and a review with
a link. You may add as many links to CrystalCrib.com or remove
such links at any time without prior approval from CrystalCrib.com.
To permit accurate tracking, reporting and referral fee accrual,
we will provide you with a special "tagged" link to
be used in all links between your website and our website. The
Participant is solely responsible for ensuring that these special
links are formatted properly
3. Order Processing
We will process orders placed by customers who follow the special
link from the sponsoring website. We reserve the right to reject
orders that do not comply with any requirements that we periodically
establish.
We will be fully responsible for all aspects pertaining to
order forms, order processing, payment processing, delivery,
customer inquires, after sales service, cancellations and returns.
4. Referral Fees
We will pay you in accordance with section 5 and 6. Only products
or services which are sold to customers traveling to our site
with the special link from a sponsoring website, shipped to
the customer and for which CrystalCrib.com has received full
payment will qualify for the referral fee.
The use of the CrystalCrib.com Affiliate Program by affiliates
to gain discounted prices for their own purchases is allowed
and encouraged. The referral fees will then act as a discount
scheme.
5. Referral fee amount
The applicant will receive 7% of total revenue from the sales
excluding shipping cost, handling, taxes or service charges.
6. Referral Fee Payment
We will pay referral fees once every two months. CrystalCrib.com
will send you a check for the applicable referral fee approximately
7 days after the 1st of every odd month. (January, March, May,
July, September, November).
If the products or services are canceled or returned, or the
payment does not go through, the referral fee pertaining to
that order will be deducted from the next payment. If the next
payment is not sufficient, then the Participant will be billed.
7. Policies and Pricing
Customers who buy products or services through this program
are deemed as customers of CrystalCrib.com. Therefore, all rules,
policies, operating procedures will apply to them. CrystalCrib.com
also reserves the right to reject any order that does not comply
with these rules, policies and operating procedures.
Prices and availability will vary over time. Therefore, we
cannot allow you to include the price on your website (sponsoring
website). We will use commercially reasonable efforts to present
accurate information but we cannot guarantee the availability
or price of any particular product or service.
8. Identifying yourself as an Associate
We will make available to you a small graphics that identifies
your site as a Affiliate Program Participant. You must display
this logo or the phrase "In association with CrystalCrib.com
" or the phrase "An affiliate of CrystalCrib.com"
or the phrase "A associate of CrystalCrib.com ".
We encourage (but not require) you to have a link to our home
page (in addition to your choice of link). This can be in the
form of a banner, review or reciprocal link.
9. Limited License
We grant you nonexclusive right to use the graphic images and
text described in section 8 and other such images for which
we grant express permission, solely for the purpose of identifying
your site as a Program Participant and to assist in generating
sales. You may not modify these graphic image or text in any
way.
10. Website interruptions
CrystalCrib.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 CrystalCrib.com liable for any
of the consequences of such interruptions.
11. Responsibility for your site
You will be solely responsible for developing, operating and
maintaining your website. We disclaim all liability from
- Technical operations of the website.
- Creation and posting of product/service descriptions on
your site.
- Accuracy and appropriateness of materials posted on your
site.
- Violation of third party rights resulting from your website
(copyrights, trademarks, privacy or other personal or proprietary
rights).
- Content on your site (any libellous or illegal content).
You will also 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.
12. Terms of Agreement
The Participant may receive referral fee payments that are
placed during the term of this agreement. The term will begin
on the date that your application is approved by CrystalCrib.com
and shall end when canceled by either party as provided below.
Referral fees earned through the date of expiration or cancellation
of this agreement will remain payable only if the products or
services are not canceled or returned.
13. Modification
1We may modify any terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting a change
of 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, procedures and services.
If any modifications 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
change.
14. Relationship of Parties
You (the Participant) and we CrystalCrib.com 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.
15. Limitation of Liability
We will not be liable for any indirect, special or consequential
damages (or any loss of revenue, profits or data) arising in
connection with this Agreement or the Affiliate Program, even
if we have been advised of the possibilities of such damage.
Furthermore, our aggregate liability arising with respect to
this Agreement and the Affiliate Program will not exceed the
total referral fees paid or payable to you under this Agreement.
16. Disclaimer
CrystalCrib.com makes no warranties, representations or conditions
with regard to the Affiliate Program or, except as expressly
set forth in the CrystalCrib.com' s then current sales policies,
any products or services sold thereafter, 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.
17. 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 websites that are similar to or compete with your
website. You have independently evaluated the desirability of
participating in the Affiliate Program and are not replying
on any representation, guarantee, or statement other than as
set forth in this Agreement.
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