Terms Of Service
This Agreement contains the complete terms and conditions that apply to
an individual's or entity's participation in the myshoppingonline.com Affiliate
Program. As used in this Agreement, "we" means
myshoppingonline.com, and "you" means the applicant.
"Site" means a World Wide Web site and, depending on the
context, refers either to myshoppingonline.com's site located at the URL
www.myshoppingonline, or to any site that you will link to our site (and
which you will identify in your Program application).
- Order Processing
We will process Product orders placed by customers who follow the order
link 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 to customers who purchase Products
using Order Links from your page to our site and will make available to
you with reports in your e-mail every week (if you have any sales) summarizing this sales
activity. The form, content, and frequency of the reports may vary from
time to time in our discretion.
- Referral Fees
We will pay you referral fees on certain Product sales to third parties.
For a Product sale to be eligible to earn a referral fee, the customer
must follow a Order Link from your page to our site, enter your
affiliate number, select and purchase the Product using our automated
ordering system, accept delivery of the Product at the shipping
destination, and remit full payment to us.
You may not purchase products during sessions initiated through the
links on your page for your own use, for resale or commercial use of any
kind. This includes orders for customers or on behalf of customers or
orders for products to be used by you or your friends, relatives or
associates in any manner. Such purchases may result (in our sole
discretion) in the withholding of referral fees or the termination of
this Agreement. Products that are eligible to earn referral fees under
the rules set forth above are referred to as "Qualifying
Products."
In addition, you may not: (a) directly or indirectly offer any person
or entity any consideration or incentive (including, without limitation,
payment of money (including any rebate), or granting of any discount or
other benefit) for using Order Links on your site to access our site
(e.g., by implementing any "rewards" program for persons or
entities who use Order Links on your site to access our site); (b) post
any Special Links on any Web site or other platform which is accessible
through any Internet Access Appliance; (c) read, intercept, record,
redirect, interpret or fill in the contents of any electronic form or
other materials submitted to us by any person or entity; (d) in any way
modify, redirect, suppress or substitute the operation of any button,
link or other interactive feature of our site; (e) make any orders,
subscription requests or engage in other transactions of any kind on our
site on behalf of any third party, or authorize, assist or encourage any
other person or entity to do so; (f) take any action which could
reasonably cause any customer confusion as to our relationship with you,
or as to the site on which any functions or transactions (e.g., search,
order, browse, etc.) are occurring; or (g) post or serve any
advertisements or promotional content around or in conjunction with the
display of our site (e.g., through any "framing" technique or
technology or pop-up windows), or assist, authorize or encourage any
third party to take any action. If we determine, in our sole discretion,
that you have engaged in any of the foregoing activities, we may
(without limiting any other rights or remedies available to us) withhold
any referral fees otherwise payable to you under this Agreement and/or
terminate this Agreement.
- Referral Fee Schedule
You will make 30% for every sale that you earn.
- Referral Fee Payment
We will pay around 10 days after every month if you make at least 25
dollars every month.
- Policies and Pricing
Customers who buy products through this Program will be deemed to be
customers of myshoppingonline.com Accordingly, all myshoppingonline.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. Because price
changes may affect Products that you already have listed on your site,
you may not include price information in your Product descriptions. We
will use commercially reasonable efforts to present accurate
information, but we cannot guarantee the availability or price of any
particular product.
- Spam (JUNK MAIL) E-mail
YOU MAY NOT GENERATE TRAFFIC OR SALES BY SENDING SPAM E-MAIL. IF YOU
DO ALL OF YOUR EARNINGS AND YOUR ACCOUNT WILL BE TERMINATED. YOU WILL
ALSO BE CHARGED 5 DOLLARS FOR EVERY SPAM MAIL YOU SEND.
- 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 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 OUR POSTING OF A
CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
- 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.
- 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.
- Disclaimers
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, 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
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