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Granite Grave Markers.com Affiliate Program |
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Terms
of Agreement This Agreement contains the complete terms and conditions
that apply to your participation as an Affiliate of GraniteGraveMarkers.com.
As used in this Agreement, "we" or "us" means GraniteGraveMarkers.com,
"you" or "your" or "our" means the applicant.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GraniteGraveMarkers.com BY CLICKING ON THE "I AGREE" LINK AT THE END OF THIS AFFILIATE AGREEMENT YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. 1. Order Processing We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site(s). We will process orders placed by customers who follow the Links from your site to the affiliated sites. We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping, cancellations, returns and related customer service. We will track the volume and amount of sales generated by your site and will make reports, summarizing this sales activity, available to you through our site. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are properly formatted. 2. Referral fees We will pay you referral fees of $10 (USD) plus 10% of the Qualifying Product sale per new order. Also a 5% commission on the volume webmasters you refer to the program generate will be paid. Only Qualifying Products that are sold by and for which GraniteGraveMarkers.com has received full payment will qualify for a referral fee. A referral fee will only be paid if the visitor to our site is tracked by the system from the time of the Link to the time of the sale. No referral fee will be paid if the visitor to our site cannot be tracked by our system. GraniteGraveMarkers.com will send a referral fee check for the applicable referral fees on the fifteenth day of each month for the activity from the previous month. If the customer later returns a referral fee-qualifying product, its referral fee will be deducted from the next monthly payment the Participant will be billed. 3. Qualifying Products Qualifying Products are Cemetery Benches, Monuments and all Grave Markers whether bronze, granite markers or a combination thereof. GraniteGraveMarkers.com reserves the right to add or delete products at any time at our sole discretion as market conditions change. 4. Tracking of Sales The Participant will be solely responsible for ensuring that all links are formatted properly, a necessary prerequisite to tracking such sales. Statements of product sales activity will be provided to the Participant in real time with a special URL that they are assigned. You may add as many links, or remove such links, at anytime and without prior approval from GraniteGraveMarkers.com 5. Policies GraniteGraveMarkers.com policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of GraniteGraveMarkers.com. The Participant does not have the authority to make or accept any offer on behalf of GraniteGraveMarkers.com. All GraniteGraveMarkers.com policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. GraniteGraveMarkers.com is not responsible for any representations made by the Participant that contradict our policies. Zero tolerance Spam Policy: GraniteGraveMarkers.com is totally ANTI-SPAM!!! GraniteGraveMarkers.com has a ZERO-TOLERANCE SPAM Policy! We could PROSECUTE you! YOU MAY NOT Promote GraniteGraveMarkers.com with SPAM! SPAM is defined as one or more commercial or noncommercial unsolicited electronic messages. You may not reference your GraniteGraveMarkers.com address in any unsolicited electronic messages. You may not do anything that would cause people to complain about your advertising practices. THIS INCLUDES SO-CALLED "TARGETED" MAILING LISTS! IF YOU DO NOT RECEIVE EXPLICIT PERMISSION TO SEND EMAIL TO *EVERYONE* ON YOUR LIST, THEN YOU ARE IN VIOLATION OF THIS POLICY! In other words, you may not cause any messages to be sent to anyone unless they explicitly ask for said message! It is strongly suggested that you read the complete affiliate terms and conditions. Once you read the terms and conditions you will understand that GraniteGraveMarkers.com may prosecute you and charges may be lodged against you for fraud by sending Spam or breaking any of the other terms of this agreement. If your account is canceled for SPAM, your license to promote GraniteGraveMarkers.com will be permanently revoked and all commissions due to you will be forfeited. NOW THAT YOU ARE AWARE THAT YOUR LICENSE TO USE THIS SERVICE STRICTLY PROHIBITS THESE ACTIVITIES... IF YOU BLATANTLY BREAK ANY OF THESE RULES, YOU MAY BE PROSECUTED. 6. Pricing and availability Product prices and availability may vary from time to time. In case of any price discrepancies, the price charged to the customer will always be the price listed on GraniteGraveMarkers.com web page(s) linked from your sponsoring website. We cannot guarantee the availability or price of any particular Product. 7. Copyrighted and Trademarked material You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. GraniteGraveMarkers.com will not be responsible if you use another party's copyrighted or trademarked material in violation of the law. 8. Term of the Agreements The term of this Agreement will begin upon our acceptance of your Affiliate 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 notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated for any other reason, you are only eligible to earn a referral fee on sales occurring during the term of the Agreement, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for 15 days to ensure that the correct amount is paid. 9. Modification We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. 10. Relationship of Parties You and GraniteGraveMarkers.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. 11. Limitation of Liability We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement or GraniteGraveMarkers.com performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total commissions paid or payable to you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought. 12. Disclaimers We make no express or implied warranties or representations with respect to the Product or other items sold through GraniteGraveMarkers.com (including, without limitation, warranties of fitness for a particular purpose, 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. 13. Representations and Warranties You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power have been duly authorized by all requisite action on your part require the approval or consent of no other persons and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. 14. Indemnification You hereby agree to indemnify, defend and hold harmless GraniteGraveMarkers.com its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party (ii) the breach of any representation or warranty made by you herein or (iii) or any claim related to your site. THIS IS A
LEGAL AGREEMENT BETWEEN YOU AND GraniteGraveMarkers.com BY CLICKING
ON THE "I AGREE" LINK AT THE END OF THIS AFFILIATE JOIN FORM
YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH
HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT
AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. |
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Copyright
© 1998
Granite Grave Markers. All rights reserved. |