This Agreement contains the complete terms and conditions that apply
to an individual's or entity's participation in the SnowboardingTips.com
Affiliates Program (the "Program"). As used in this Agreement, "we" means
SnowboardingTips.com, "you" means the applicant, and "product" means any
item offered for sale in the SnowboardingTips.com catalog. "Site" means
a World Wide Web site and, depending on the context, refers either to
SnowboardingTips.com's site or to the site that you will link to our site.
1. Program Enrollment
To begin the enrollment process, you must submit a complete Partner Program
application via our site. We will notify you of your acceptance within
five minutes of receiving it. We may reject your application if we determine
(in our sole discretion) that your site is unsuitable for the Program.
Unsuitable sites include sites that:
- Promote, contain, or link to sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
- Promote illegal activities
- Contain any libelous, defamatory, or disparaging materials
If we reject your application, you are welcome to reapply
to the Program at any time.
2. Listing SnowboardingTips.com
on Your Web Site
You may display as many links to SnowboardingTips.com as you would like
on your Web site. If you incorporate our marks or links into a site that
is not subject to the terms and conditions hereof, this Agreement will
be deemed null and void. You may not alter any banners, logos, or other
content without written permission from SnowboardingTips.com. All modified
links must be approved by SnowboardingTips.com. We reserve the right in
our sole discretion to monitor your site at any time and from time to
time to determine if you are in compliance with the terms of the Agreement.
You may not at any time list prices, policies or terms, availability information,
or similar information on your site.
3. Order Processing
We will process product orders placed by customers who follow special
links from your site to SnowboardingTips.com. 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 to
customers who purchase products using special links from your site to
our catalog and will send you reports summarizing this sales activity.
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. If our product pages change and you have links
that direct visitors to those pages, we will redirect your visitors to
an appropriate page automatically.
4. Commissions
We will pay you commission on all product sales to third parties. For
a product sale to generate a commission, the customer must follow a link
from your site to our site, purchase the product using our automated ordering
system, accept delivery of the product at the shipping destination, and
remit full payment to us.
5. Fee Schedule
You will earn commission based on the sale price of qualifying products,
according to fee schedules to be established by us. Sale price means the
sale price a customer pays for a product and excludes costs for shipping,
handling, gift wrapping, returns, charge-backs, fraud, exchanges, credit
card processing fees, and taxes. The current fee schedule is as follows:
- $10 commission for every sale made through our online Snowboarding
Safety Shop
- $5 commission for every sale by your Sub-Affiliates
6. Fee Payment
Subject to the terms and conditions of this Agreement, we will pay you
commission on a monthly basis. Approximately 30 days following the end
of each calendar month, we will send you a check for the commission earned
on products that were shipped during that quarter, less any taxes that
we are required by law to withhold. If the fees payable to you for any
month are less than $25.00, we will hold those fees until the total amount
due is at least $25.00 or until this Agreement is terminated (if earlier).
If a product that generated a commission is returned by the customer,
we will deduct the corresponding fee from your next quarterly payment.
If there is no subsequent payment, we will send you a bill for the fee.
7. Policies and Pricing
Customers who purchase products through this Program will be deemed to
be customers of SnowboardingTips.com. Accordingly, all SnowboardingTips.com
rules, policies, and operating procedures concerning customer orders,
customer service, marketing, promotions, and product sales will apply
to those customers. We may change our policies and operating procedures
at any time. We will determine the prices to be charged for sporting goods
products sold under this Program in accordance with our own pricing policies.
We will use commercially reasonable efforts to present accurate information,
but we cannot guarantee the availability or price of any particular product.
8. Identifying Yourself as
a Partner
We will make available to you graphic images that identifies your site
as a Program participant. You will prominently display this logo or the
phrase "In association with SnowboardingTips.com" somewhere on your site
to establish this relationship.
9. Limited License
We grant you a non-exclusive, revocable right to use the icon and message
described in Section 8 and such other images for which we grant express
permission, solely for the purpose of identifying your site as a Program
participant. You may not modify the icon, the message, or any of our images
in any way. We reserve all of our rights in the icon, the message, any
other images, our trade names and trademarks, and all other intellectual
property rights. We may revoke your license at any time by giving you
written notice.
10. Partner Program Responsibilities
You will be solely responsible for the development, technical operation,
and maintenance of your Web site and for all materials that appear on
your site. Among other things, this includes ensuring that product descriptions
and articles on your site comply with all applicable copyright and other
laws. You must have express permission to use another party's copyrighted
or other proprietary material. We will not be responsible if you use another
party's copyrighted or other proprietary material in violation of the
law.
We disclaim all liability for these matters. Further, you will indemnify
and hold us harmless from all claims, damages, and expenses (including
but without limitation to attorneys' fees) relating to the development,
operation, maintenance, and content of your site.
Except as provided here, you agree that you have no rights, title, or
interest in or to the logo, the message, or other images will insure to
the benefit of SnowboardingTips.com. You agree not to apply for registration
of any of the trademarks (or any mark similar thereto) anywhere around
the world. You agree that you will not engage, participate, or otherwise
become involved in any activity or course of action that diminishes and/or
tarnishes the image and/or reputation of SnowboardingTips.com.
Affiliates acknowledge and agree that their Web site information (name,
URL, traffic counts, etc.) may be utilized by SnowboardingTips.com. Possible
uses include (but are not limited to) lists of the busiest sites, lists
of member sites, etc. Affiliates agree to allow SnowboardingTips.com to
use screen shots of any Web page that contains the SnowboardingTips.com
HTML code in SnowboardingTips.com promotional materials.
Anyone found in deliberate violation of these terms and conditions is
subject to being banned from SnowboardingTips.com.
11. Terms of the Agreement
The terms 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. You are only eligible
to earn commission on sales occurring during the term, and fees earned
through the date of termination will remain payable only if the related
product orders are not canceled or returned. We may withhold your final
payment for a reasonable time to ensure that the correct amount is paid.
12. Modification
We may modify any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting a change notice or
a new agreement on our site. Modifications may include, for example, changes
in the scope of available commissions, 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 OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT
ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. In addition,
you must refer to this site to see if the agreement has changed. We are
not obligated to inform you.
13. Relationship of Parties
Each party shall act as an independent contractor, and nothing set forth
in this Agreement will create any Affiliate, 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.
14. 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 commissions
paid or payable to you under to this Agreement.
15. Disclaimers
We make no express or implied warranties or representations with respect
to the Program or any products sold through the Program (including but
without limitation to warranties of fitness, 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.
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.
