|This agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the ea.peterdobler.com eCommerce Automation Program (the "Program"). As used in this Agreement, "we" means ea.peterdobler.com, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to ea.peterdobler.com located at the URL www.ea.peterdobler.com, or to the site that you will link to our site (and which you will identify in your Program application).|
1. 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, but shall not be limited to, those that:
Promote violence; 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.
Promote pornography and sexual content;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Promote illegal activities;
Attempt to copy and/or assume the creative or business identity of ea.peterdobler.com in any manner; and/or,
Otherwise violate intellectual property rights.
Utilize parasite software Spam
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 at any time.
2. Links on Your Site
Once you have been notified that your site has been accepted into the Program, you may provide on your site one or more of the various links to our site that will be made available to you through our Program. ea.peterdobler.com will occasionally change the appearance and type of links made available to participants. ea.peterdobler.com may change the appearance of these links and may make changes to their appearance at any time without your prior consent or notification.
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 that would otherwise be paid to you pursuant to this Agreement.
3. 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 by 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.
4. Reports of Sales
You will be given the ability to enter a password-protected site to receive your sales statistics on a daily basis.
5. Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of ea.peterdobler.com. Accordingly, all ea.peterdobler.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.
It is further the policy of ea.peterdobler.com that marketing of any of its products by way of "SPAM" e-mail is prohibited. Any and all affiliates (and prospective affiliates) who participate in the use of "SPAM" e-mailing for anything pertaining to the business of selling orchids will be disqualified from our affiliate program without notice.ea.peterdobler.com will not accept responsibility for any "SPAM" e-mails sent by an affiliate pertaining to ea.peterdobler.com. SPAM, for the purposes of this agreement is defined as the sending of unsolicited e-mail on the internet. From the sender's point of view, it is a form of bulk mail, often to a list culled from subscribers to a usenet discussion group or obtained by companies that specialize in creating e-mail distribution lists. Some apparently unsolicited e-mail is, in fact, e-mail people have agreed to receive when they register with a site and check a box agreeing to receive postings about particular products or interests. This is known as both opt-in e-mail and permission based e-mail.
We grant you a right to use the graphic image and text provided for Affiliates on the Affiliates Web Site 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 modify the graphic image or text, or any other of our images, in any way.
7. 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. Without limiting the foregoing, you will be solely responsible for:
8. 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 ea.peterdobler.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 ea.peterdobler.com products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by changing this agreement as posted 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 CHANGES TO THIS AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
10. 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.
11. 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.
You agree to release, indemnify and hold ea.peterdobler.com, its contractors, agents, employees, officers, directors and affiliates harmless from any and all liabilities, claims and expenses including legal fees, of third parties relating to or rising under this Agreement and of the use of images, including without limitation infringement by you or someone else (such as your website host) of any intellectual property or other proprietary right of any person or entity, or from the violation of any of ea.peterdobler.com operating rule or policy relating to the use of the images provided. When ea.peterdobler.com is threatened with suit by a third party, ea.peterdobler.com may seek written assurances from you concerning your promise to indemnify ea.peterdobler.com; your failure to provide that assurance may be considered by ea.peterdobler.com to be a breach of your Agreement and subject to termination by ea.peterdobler.com.
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, noninfringement, 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.
14. 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