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| Affiliate Program |
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| The El Skate Shop Affiliate Terms |
Elskateshop.com Affiliate Program Agreement and Terms & Conditions This Affiliate Agreement ("Agreement") contains the terms and conditions between us, El Skate Shop. which owns and operates elskateshop.com ("elskateshop.com") located at PO Box 2501 Huntington Beach, CA 92647 and you, regarding your application and participation as an affiliate of elskateshop.com ("Affiliate"), and the establishment of links from your Web site to our Web site at "elskateshop.com"
Please read these terms and conditions carefully as they constitute a legal agreement between you and our company upon your acceptance into our affiliate program. By applying to and being accepted into our affiliate program, you agree to be bound by all of the terms and conditions set forth in this agreement relative to your participation in the affiliate program.
Affiliate Program Enrollment: To become a participant in elskateshop.com's Affiliate Program, you will have to submit a complete Affiliate Program Application via our Web site. We will evaluate your application and notify you of your acceptance. We may reject your application if we determine, in our sole discretion, that your Web site is not suitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content that is in
any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable, which by way of example only,
contains (i) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful,
threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation,
physical disability or otherwise), (iii) graphic violence (which may include certain types of game sites), or (iv) any unlawful behavior or conduct. If we
reject your application, you are welcome to reapply to the Affiliate Program at any time, provided, you alter your Web site to delete all offending content.
Setting Up Links: We will make available to you, banner advertisements, button links and text links to our Web site ("Links"). In using the Links, you agree
that you will cooperate fully with us in order to establish and maintain such Links. All Affiliate Web sites shall display such graphic images prominently
throughout your Web sites as you see fit and with our consent. A Link can be modified and/or expanded with our consent. We have the right, in our sole
discretion, to monitor your Web site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
Order Processing: We will process orders placed by customers who follow the Links from your Web site to the elskateshop.com Web site. We reserve the right,
in our sole discretion, to reject orders that do not comply with certain requirements, which we may establish from time to time. All aspects of order
processing and fulfillment, including order entry, customer service, cancellations, returns and payment processing will be our responsibility. We will track
the amount of sales generated by your Web site and will make this information available to you through our Web site. To permit accurate tracking, reporting,
and fee accrual, you must ensure that the Links between your Web site and our Web site are properly formatted. You are responsible to inform elskateshop.com
of any suspected problems in the tracking code immediately.
Commissions: We will pay you a commission equal to three (3%) percent of the total product or products price (after deduction of credit card processing fees
and any consignment/royalty fees) for all new customer purchases, utilizing the Links between your Web site and ours, for products which we deliver to such
customer and for which we have received full payment. The product price will be what is display as the product price on elskateshop.com the day such
transactions were made. A commission will only be paid if the customer is tracked as originating from your Link from the time of the Link to the time of the
sale.
For a sale to generate a commission, the customer must follow the Link from your Web site to our Web site, purchase the product or products in question using
our online ordering system, accept delivery of the products at the shipping destination, and remit full payment to us. However, no commission will be paid
for orders that are refunded, not paid for, undeliverable or payment for which is credited to any customer.
elskateshop.com shall set the price of any products at it's sole discretion.
Products referred to in this agreement, refer to individual products or product packages available directly through elskateshop.com. No commission is due or
payable on the sale of any other products, including but not limited to books, services, subscriptions, supplies offered by or sold by elskateshop.com or any
other partners, affiliates, advertisers or sponsors.
Payments: We will pay your commission on a monthly basis. Within approximately 30 days following the end of each month, we will send you a check for the
commission earned on the products shipped during the preceding month. If the commission payable to you for any month is less than twenty-five ($25.00) U.S.
dollars, we will hold those commissions until such time as your commission earned equals at least twenty-five ($25.00) U.S. dollars. If a product sale that
generated commission is refunded by the customer, we will deduct the corresponding commission from your next monthly payment. We reserve the right to remit
payments to you electronically, in our sole discretion.
Fraud: elskateshop.com also retains the right to review all commissions for possible fraud. Any incidence of fraud constitutes a breach of this Agreement,
and elskateshop.com retains full authority to terminate this Agreement immediately.
Non-Exclusive: This is a non-exclusive agreement as to elskateshop.com and Affiliate. Both parties may enter into similar agreements with other parties.
Termination: Either Party This may terminate this agreement with 30 days written notice to the other party. The agreement may be terminated sooner by
elskateshop.com in the event of any breach by Affiliate.
Governing Law: This Agreement shall be subject to and construed according to the laws of the State of California. Any suit to enforce any provision of this
agreement must be filed in the county of Orange.
Validity: In the event that any one or more of the provisions of this Agreement shall for any reason be held to be invalid, such invalidity shall not affect
any other provision of this Agreement.
Interruption of Service: Although elskateshop.com will try to keep the service operational at all times, a certain amount of downtime and interruption of
service is always possible and inevitable. elskateshop.com is not responsible for any interruption of the service and Affiliate agrees not to hold
elskateshop.com liable for any consequences of interruption of any service.
Entire Agreement: This Agreement contains the entire agreement of the parties and no oral statements or prior agreements shall have any force and effect.
elskateshop.com may modify the terms of this agreement in writing by giving 10 days written notice to Affiliate.
It is expressly understood that this Agreement in no way guarantees a sale of the site. |
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