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This Agreement contains the terms and conditions that apply to an individual's or entity's participation in The Antarctic Connection's Affiliate Program (the "Program"). As used in this Agreement, "we" means The Antarctic Connection LLC, and "you" means your website or business that sends visitors to our web site. "Site" means a World Wide Web site and, depending on the context, refers either to The Antarctic Connection web site, located at the URL http://www.antarcticconnection.com, or to any site that you will link to our site.
Enrollment in the Affiliate Program
We reserve the right to refuse any potential affiliate 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, nationality, disability, sexual orientation, or age
- promote illegal activities
- otherwise violate intellectual property rights
Linking your site to ours:
You may provide on your site one or more of the following types of links to our site:
General Link to The Antarctic Connection's Home Page: You may provide a general link on your site to our home page at http://www.antarcticconnection.com. Link(s) can be provided through either our log (email request), banner, image, or text.
You may, but are not required to, select one or more Products to list on your site. A "Product" is any product listed on our site. 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 Antarctic Connection online catalog product page and/or to our site in general. Each such catalog product link should connect directly to a single item in our online catalog. You may add or delete Products (and related links) and/or the link to our site in general from your site at any time without our approval. To the extent we sell your products on our Site, you will have approval over all copy and images relating to such sale.
*Note for product links: Occasionally the URL links will change with a site upgrade or URL naming change. Updates to product links are your responsibility.
Tags/Hyperlinks: To permit accurate tracking, reporting, and Referral Commission 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 are referred to as "Special Links." You will earn Referral Commissions with respect to activity on our site occurring directly through Special Links, whether such Special Links are to a specific product or to our site in general; 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.
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 requirements that we have established. 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 by customers who purchase Products by 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.
For a Product sale to be eligible to earn a Referral Commission, the customers must click-through a Special Link from your site to our site, and add the Products to his or her shopping cart during a session. The session ends upon one of the following events: (a) 24 hours elapses from the customer's initial click-through, (b) the customer orders the Products. We will only pay Referral Commissions on such Products after order, payment and shipping have occurred.
Gift certificates are not eligible to earn Referral Commissions.
You may not purchase products during sessions initiated through the Special Links on your site for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives, or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of Referral Commissions or the termination of this Agreement. Products that are eligible to earn Referral Commissions under the rules set forth above are referred to as "Qualifying Products." We acknowledge that you have many employees and that purchase by your employees for their personal purposes shall not result in the withholding of Referral Commissions or termination of this Agreement.
In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your site to access our site); (b) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (c) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (d) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (e) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold (until resolution of any claims we have) any Referral Commissions otherwise payable to you under this Agreement and/or terminate this Agreement.
Referral Commission Schedule
You will earn Referral Commissions based on Qualifying Revenues according to Referral Commissions set forth below, and we will pay these fees regardless of whether you have linked to a specific product on our Site, as long as the customer has come to our Site from yours through a Special Link. "Qualifying Revenues" are revenues derived by us from our sales of Qualifying Products, excluding separately charged costs for shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, returns and bad debt.
Referral Commission Amount:
Referrals from Special Links on your site to ours, resulting in a legitimate order with a successful authorization, placed with us will result in a Referral Commission of the Qualifying Revenues paid to you of:
- 10% for text, banner or button links
- 15% for full product links
if you choose any combination of these your Referral Commission will default to the larger percent, to a maximum of 15%.
We will pay you Referral Commissions on a quarterly basis. Approximately 30 days following the end of each calendar quarter, we will send you a check for the Referral Commissions earned on: a) our sales of Qualifying Products that were shipped during that quarter, less any taxes that we are required by law to withhold.
If the Referral Commissions payable to you for any calendar quarter are less than $25, we will hold payment until the total amount due is at least $25 or (if earlier) until this Agreement is terminated. In calculating Referral Commissions, we will deduct the corresponding Referral Commission from your next quarterly payment if the customer returns a Product that generated a Referral Commission.
Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of The Antarctic Connection . Accordingly, all Antarctic Connection 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. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
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.
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. We will indemnify and hold you harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of our Site, and from the use, sale, advertising or promotion of any product contained on our Site. The indemnifying party shall have the right to control the defense and settlement of any claim to which this indemnity would apply.
Term of the Agreement
The term of this Agreement will begin upon return of your signed copy of this document and when the first Special Link is established from your site to ours 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 eligible to earn Referral Commissions only on our sales of Qualifying Products that occur during the term, and Referral Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned.
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.
Limitation of Liability
Neither party will be liable for indirect, special, nor consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program.
Neither party makes any express or implied warranties or representations with respect to the Program nor any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage) or their Sites. In addition, neither party makes any representation that the operation of its site will be uninterrupted or error-free, and neither party will be liable for the consequences of any interruptions or errors.
EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT AND AGREES 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. 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.
The laws of the United States and the state of New Hampshire will govern this Agreement, 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 Concord, New Hampshire, and you consent irrevocably 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.
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