|
Sportzwear Affiliate Program
The Legal Stuff
Thank-you for your interest in the Sportzwear.com affiliate program. Please read the following agreement and indicate your acceptance by clicking on "I Agree Sign Me Up" at the bottom of the page. You will then be taken to the affiliate application.
Sportzwear.com Affiliate Agreement
1. ENROLLMENT IN THE PROGRAM
All affiliate applications are subject to review. Acceptance into the Sportzwear.com affiliate program is granted at the sole discretion of More To It Ltd. Prohibited sites and messages include but are not limited to those that promote or engage in illegal activities, violence, hate, explicit content, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age. Affiliates who violate these policies will be terminated from the program and will forfeit any accrued commissions.
2. NATURE OF THE AFFILIATE RELATIONSHIP
Under this affiliate agreement, the affiliate will promote Sportzwear.com products by referring customers via links to the Sportzwear.com web site. In exchange for this effort, More To It Ltd. will pay the affiliate a referral fee for sales that result from the affiliate link. Sportzwear.com affiliates are independent contractors of More To It Ltd. The affiliate relationship does not create a partnership, joint venture, agency, franchise, or employment relationship between the affiliate and More To It Ltd. The affiliate will have no authority to make or accept any offers or representations on the behalf of More To It Ltd.
3. RESPONSIBILITIES
Under this affiliate agreement, More To It Ltd. is responsible for the processing and fulfillment of all customer orders received on the Sportzwear.com web site. The affiliate is responsible for selecting and implementing properly formatted affiliate links. If the affiliate chooses to place the affiliate links on a web site, the affiliate is solely responsible for the development, operation, and maintenance of the affiliate web site and for all materials that appear on the affiliate web site. More To It Ltd. disclaims all liability resulting from the affiliate's use of affiliate links. The affiliate will indemnify and hold More To It Ltd. harmless from all claims, damages, and expenses (including, without limitation, solicitors fees) relating to the development, operation, maintenance, and contents of the affiliate web site.
Affiliates may develop their own text links and promotional materials for Sportzwear.com products and hereby agree that More To It Ltd. may make any such promotional materials available for use by other affiliates, either in their original form or as modified by More To It Ltd. Furthermore, other affiliates who use such material have the right to modify the material themselves without reference to the affiliate member who created it. Affiliates may develop and implement Sportzwear.com promotional materials without prior review by More To It Ltd., but must immediately cease from using any such material if More To It Ltd. notifies the member that it disapproves of the material.
4. ANTI-SPAM POLICY
Sportzwear.com affiliates may earn referral fees by promoting Sportzwear.com products in opt-in newsletters and personal e-mail messages. The promotion of Sportzwear.com products in electronic mail messages sent to recipients whom the affiliate does not personally know is not permitted unless the recipients specifically have opted-in to receive such messages. Prohibited messages include but are not limited to "spam" e-mail messages, newsletters sent to a group in which some or all of the recipients have not specifically requested to receive the newsletter, and newsgroup postings, chat group postings, and "listserv" postings that deviate from the topic of discussion or that generate multiple complaints. Affiliates who are found to have violated this anti-spam policy will be terminated from the program and will forfeit any accrued commissions.
5. REFERRAL FEES
More To It Ltd. will pay affiliates a 5% referral fee on orders that are generated as a result of a customer's arrival at the Sportzwear.com web site using an affiliate link containing the affiliate's ID number, as determined by the VP-ASP affiliate tracking system. Shipping and handling charges are not included in the sales total used to determine referral fees. Referral fees are not paid on customer returns or canceled orders; the affiliate's account will be adjusted for all returns or canceled orders. If a return or canceled orders occurs after payment of the corresponding referral fee, the amount will be deducted from the next payment. If there is no subsequent payment from which to deduct it, the affiliate will be billed for the balance. The referral fee rate is subject to change upon notice provided via updates to this agreement.
To receive credit, the affiliate is responsible for ensuring that the links are properly implemented with the affiliate's ID number properly formatted in the link.
6. PAYMENT
Payment checques or BACS transfers are issued monthly for sales referred during the previous month. If the payment date falls on a weekend or a holiday, the payment will be made on the next business day after the 28th. The payment currency is UK Sterling. If the affiliate has accrued less than £20 in earnings, a payment may not be issued that month and the earnings will be carried over to the next month.
Payment checques are mailed to the address provided on the affiliate application. It is the responsibility of the affiliate to keep this information up to date.
7. PROGRAM DURATION
This affiliate program will continue until further notice. More To It Ltd.. reserves the right to discontinue this program at any time without advance notice. In the case of program discontinuation, affiliates will be paid all accrued referral fees earned up to the date of program discontinuation, according to the normal payment schedule, even if the amount is less than £20.
8. INACTIVE ACCOUNTS
Accounts that have not referred a sale for at least six months may be closed at the discretion of More To It Ltd. If More To It Ltd. closes an affiliate's account, any accrued referral fees will be paid according to the normal payment schedule even if the amount is less than £20. If More To It Ltd. initiates the closing of an affiliate account for reason of inactivity, the affiliate must wait at least six months before becoming eligible to reapply to the program.
9. WITHDRAWAL FROM THE PROGRAM
Any affiliate may withdraw from the program at any time. If the accrued referral fees are £20 or more, the affiliate will be paid according to the normal payment schedule. If the accrued referral fees are less than £20, a £5 processing fee will be deducted from the payment, and if the resulting payment is zero or less after this deduction, the account balance will be set to zero and no payment will be issued. Affiliates who withdraw from the program will not be eligible to reapply to the program until six months after the date of withdrawal, unless specifically invited to reapply by More To It Ltd.
10. LIMITED LICENSE
More To It Ltd. grants the affiliate a non-exclusive, non-transferable, non-sublicensable, revocable right to use the Sportzwear.com affiliate images solely for the purpose of participating in the Sportzwear.com affiliate program. The affiliate may not modify the images in any way. More To It Ltd.. reserves all rights for its images, trade names, trademarks, and all other intellectual property rights, and may revoke the affiliate license at any time by providing written notice.
Except as provided in this affiliate agreement, the affiliate agrees that it has no rights, title or interest in or to the intellectual property of More To It Ltd., and agrees not to apply for registration of any of the intellectual property anywhere around the world. The affiliate agrees that it will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image or reputation of any trademark of More To It Ltd.
11. INDEPENDENT INVESTIGATION
The affiliate acknowledges that it has read this agreement and agrees to all of its terms and conditions. The affiliate understands that More To It Ltd. may at any time solicit customer referrals on terms that may differ from those contained in this agreement. The affiliate has independently evaluated the desirability of participating in this affiliate program and is not relying on any representation, guarantee, or statement other than as set forth in this agreement.
12. MODIFICATION
More To It Ltd. may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Sportzwear.com web site. Modifications may include but are not limited to changes in scope of the referral fees, rates of the referral fees, payment procedures, and affiliate program rules. The affiliate's continued participation in the affiliate program following the posting notice of any changes in these terms and conditions will constitute a binding acceptance by the affiliate of such rules, changes, or modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILIATE, THE ONLY RECOURSE AVAILABLE TO THE AFFILIATE IS TO TERMINATE THIS AGREEMENT. THE AFFILIATE'S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SPORTZWEAR.COM SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
13. MISCELLANEOUS
Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. This Agreement may not be amended except in writing signed by the parties. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
Assignment. You may not assign your rights or obligations under this Agreement to any party.
Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the United Kingdom without regard to the conflicts of laws, rules and principles thereof.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Notices. Any notice required under this Agreement may be given by email, fax or written letter to the number or address you provide.
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
14. ACCEPTANCE OF THE TERMS OF THIS AGREEMENT
To indicate your acceptance of the terms of this agreement, please click on "I Agree Sign me Up" below and you will be taken to the affiliate application. If you do not agree with these terms, you will be unable to join the Sportzwear.com affiliate program.
I agree, sign me up
|
