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Affiliate
Agreement
To be an authorized
affiliate of HolyLandCollections.com, you agree to abide by
the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and
using the HolyLandCollections.com service as an affiliate.
By signing up for the HolyLandCollections.com affiliate
program, you indicate your acceptance of this agreement and
its terms and conditions.
The following terms and conditions shall govern your
participation in the HolyLandCollections.com Affiliate
Program. This Agreement is entered into by and between you
("you"), the Affiliate, and HolyLandCollections.com Inc.
("we," "us" or "our"), which is a company that only operates
the retail commerce sites on the Worldwide Web at
www.holylandcollections.com ("HolyLandCollections.com").By
clicking on the "I AGREE" button, you agree to be bound by
all of the terms and conditions contained in this
HolyLandCollections.com Affiliate Program Agreement
("Agreement"). This Agreement supersedes any and all prior
and contemporaneous agreements whether oral or written by
and between you and us with respect to any and all
HolyLandCollections.com Affiliate Program(s). We will e-mail
a copy of this Agreement to you after you have completed the
registration process and have been approved.
1. LINKING YOUR SITE WITH HOLYLANDCOLLECTIONS.COM
a. We will provide you with a merchant ID number, graphics,
text ads and text links examples and instructions on how to
link your site to HolyLandCollections.com, utilizing your
merchant ID number (the "Link(s)").
b. You will place HolyLandCollections.com text links/text
ads on your web site and create links to
HolyLandCollections.com so you can offer
HolyLandCollections.com products for sale to visitors to
your web site. You may create as many or as few links as you
desire. We encourage (but do not require) you to include a
link to the HolyLandCollections.com home page. You will be
solely responsible for the placement of the links and the
appearance of your web site, and you will be solely
responsible for the ongoing maintenance of the text ads and
text links.
c. All links that you, the
affiliate, wish to receive credit for must modified only
within your Account Management page.
You can
adjust the size and the color of our text ads to fit the
look of your Website.
Please copy and paste the
html, exactly as it has been generated, and do not attempt
to modify it in anyway. Otherwise, HolyLandCollections.com
may not be able to track your order(s) and we will not be
responsible for any sales that may be lost.
2. ORDER PROCESSING
a. We possess the sole right and responsibility to process
product orders placed by customers (the "Customers") who
access HolyLandCollections.com via the Links(s) in the
session(s) commenced with their arrival at
HolyLandCollections.com (the "Orders"), including, but not
limited to, handling customer payments, packing and shipping
customer orders, and customer service.
b. Orders will be governed by our then-applicable terms and
conditions of sale, and all agreements relating to such
terms and conditions will be by and between the Customer and
us. Those terms and conditions may be changed at any time
for any reason, without notice to you. Selling prices for
the products will be set by us at our sole discretion, and
may be changed at any time. We may refuse an order for any
reason or for no reason at all.
3. ADVERTISING FEE
a. As payment for our advertisement on your web site, you
will receive a 20-40 % fee (depending on your sales level)
based on the Net Selling Price of the item(s) shipped on an
Order received from your URL and shipped by us ("Fee"). The
Net Selling Price is the unit price paid for the Order(s) by
the Customer not including and less any charges or costs for
shipping, handling, returns, taxes, service charges, or
other charges incurred by the Customer. If the customer
returns an item for which you were paid a fee, your future
fees will be reduced based on the fees credited or paid for
the returned item(s).
b. The commissions will be credited to your Account, 24
hours after the Order is shipped. You could check this
information anytime at: http://www.holylandcollections.com/idevaffiliate/login.php
c. Payments will be made the 1st of each month, for the
previous month for all fees in excess of $1.00. In the event
fees are less than $1.00, your payment will be carried
forward to the next pay period until such time as the
payments are in excess of $1.00.
d.
Your
referrals will be tracked for 2 years unless the cookies were
deleted/modified by user. If
PC users delete or modify their cookies,
HolyLandCollections.com is not responsible of
lost commissions.
f. You must understand and agree that you are acting as an
independent contractor and as such will be responsible for
your own Income Taxes and any other tax liabilities that
affect the sales of our products in your state. In order to
comply with IRS regulations, you will be asked to provide us
with your social security number or taxpayer identification
number and address.
4. ANTI SPAM POLICY
You are strictly prohibited from sending unsolicited and
unauthorized e-mails of any kind. In case the
HolyLandCollections.com suspects that the affiliate is
involved in spam activity, the result is termination of the
account and possible forfeit of all earnings. Additionally
we will pursue legal actions against any person violating
our terms and conditions.
5. COPYRIGHTED Materials AND LIMITED LICENSE
a. All materials, including but not limited to, reviews,
articles, ad banners, photographs, images, illustrations,
music, sounds, images, databases and software, appearing on
HolyLandCollections.com (the "Content") are protected by
patent, copyright, trade dress, trademark and unfair
competition law pursuant to U.S. (federal and state) and/or
foreign patent, copyright, trademark and unfair competition
laws and/or international treaties or conventions. Except as
set forth in this Section 4, you may not use, transmit,
distribute, sell, reproduce or otherwise copy any of the
Content without express written authorization from the
copyright and/or trademark owner of such materials.
b. We reserve all right, title and interest in our web sites
and all content therein, including without limitation, all
intellectual property rights. We do not grant you, your
employees, agents or assigns, any right or license in or to
our web sites, Content or trademarks or service marks.
6. RESPONSIBILITY FOR YOUR WEB SITE
You will be solely
responsible for the development, operation, and maintenance
of your site and for all materials that appear on your site.
We expressly disclaim any and all liability for these
matters. Furthermore, you hereby agree to indemnify and hold
us harmless from all claims, damages and expenses (including
without limitation, attorneys' fees) relating to the
development, operation, maintenance and content of your
site.
7. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
a. You represent and warrant that any material which is
provided by you and displayed on your web site will not: (I)
infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or right of
publicity or privacy; (ii) violate any applicable law,
statute, ordinance or regulation; (iii) be defamatory or
libelous; (iv) be obscene; (v) violate any laws regarding
unfair competition, anti-discrimination or false
advertising; (vi) promote violence or contain hate speech;
or (vii) contain viruses, trojan horses, worms, time bombs,
cancelbots or other similar harmful or deleterious
programming routines.
b. You represent and warrant that you have used your true
legal name in registering for the HolyLandCollections.com
Affiliate Program; that you have the power and authority to
enter into this Agreement and perform the obligations set
forth herein and that, if you are a natural person, you are
an adult of at least eighteen (18) years of age. c. You shall
indemnify and hold harmless HolyLandCollections.com and its
parent companies, subsidiaries and
Affiliates, and its respective directors, officers,
employees, agents, shareholders and partners, against any
and all claims, actions, demands, liabilities, losses,
damages, judgments, settlements, costs and expenses
(including, without limitation, reasonable attorneys' fees)
arising out of or related to any obligation undertaken or
representation or warranty made by you, your employees,
agents or assigns; or any breach by you, your employees,
agents or assigns of any covenant or agreement made herein;
or any content, trademark, copyright or intellectual
property used, created or distributed by you, your
employees, agents or assigns.
8. DISCLAIMER OF WARRANTY
THE HOLYLANDCOLLECTIONS.COM AFFILIATE PROGRAM,
HOLYLANDCOLLECTIONS.COM ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. IN ADDITION, WE MAKE NO REPRESENTATION
THAT THE OPERATION OF THE HOLYLANDCOLLECTIONS.COM AFFILIATE
PROGRAM OR HOLYLANDCOLLECTIONS.COM WILL BE UNINTERRUPTED OR
ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES
OF ANY INTERRUPTIONS OR ERRORS. By executing this Agreement
you acknowledge and expressly agree to and accept this
Disclaimer of Warranty.
9. LIMITATION OF LIABILITY
EXCEPT FOR COMMISSIONS DUE AND OWING TO YOU, IN NO EVENT
SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL,
EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER SUCH
DAMAGES ARE ALLEGED IN TORT, CONTRACT OR INDEMNITY, ARISING
OUT OF THE USE OF OR INABILITY TO USE OR LINK
HOLYLANDCOLLECTIONS.COM, LOSS OF PROFITS, REVENUE OR DATA,
EVEN IF WE ARE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT ANY PART OF THIS SECTION 9 SHALL BE HELD
UNENFORCEABLE OR INVALID UNDER THE LAWS OF AN APPLICABLE
JURISDICTION, THE REMAINING PARTS HEREOF SHALL NEVERTHELESS
CONTINUE TO BE VALID AND ENFORCEABLE AS THOUGH THE OFFENDING
PORTIONS HAD NOT BEEN A PART HEREOF. IN ADDITION, IF THE
LIMITATIONS ON WARRANTY OR LIABILITY THEREUNDER ARE HELD TO
BE UNENFORCEABLE UNDER THE LAWS OF AN APPLICABLE
JURISDICTION, SUCH LIMITATION SHALL, FOR PURPOSES OF THIS
SECTION 9, BE REDUCED SUCH THAT OUR LIABILITY SHALL NOT
EXCEED THE AMOUNT PAID BY THE CLAIMANT TO US WITHIN SIX (6)
MONTHS PRECEDING THE DATE ON WHICH ANY CLAIM IS ORIGINALLY
MADE, OR SHALL BE REDUCED TO THE EXTENT NECESSARY TO RENDER
THEM ENFORCEABLE
10. TERMINATION
a. You may terminate this Agreement at any time by sending
notice to us via e-mail to holylandcollections@comcast.net.
You will be credited with all Commissions earned through the
date of termination.
b. We may, in our sole discretion, terminate this Agreement
at any time for any reason(s), whatsoever, or for no reason
at all, including, without limitation, your breach of this
Agreement.
11. RELATIONSHIP OF PARTIES
a. Nothing contained in this Agreement shall be deemed or
construed as creating a joint venture or partnership between
you and us. Neither party, by virtue of this Agreement, is
authorized as, or shall be deemed, an agent, employee or
representative of the other. Neither party shall have the
power to control the activities and operations of the other
and neither party shall act on behalf of the other party.
Neither party shall represent to any others that it is an
agent or representative of the other party.b. You will not
make any statement, whether on your web site or otherwise,
that would contradict anything in this Section.
12. MODIFICATION
We may modify this Agreement, at any time and at our sole
discretion, by posting a change notice or new agreement on
HolyLandCollections.com . Modifications may include, but are
not limited to, changes in the scope of available services,
commissions, commission schedules, payment procedures and
methods of linking to HolyLandCollections.com. 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.
13. CHANGES TO HOLYLANDCOLLECTIONS.COM
We reserve the right, in our sole discretion, to discontinue
operation of HolyLandCollections.com at any time without
notice to you and to redesign or modify the organization,
structure, "look and feel," navigation, content,
prices and any
other elements of HolyLandCollections.com.
14. SEVERABILITY
In the event that any of the provisions of this Agreement
shall be held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary so
that this Agreement shall otherwise remain in full force and
effect and enforceable.
15. NOTICES
All notices to you will be sent to the e-mail address
provided by you when you register for
HolyLandCollections.com Affiliate Program. All notices to us
will be sent to
johnathlc@gmail.com
16. GOVERNING LAW
This Agreement will be governed and construed pursuant to
the laws of federal court in the State of New Jersey
applicable to contracts entered into and performed entirely
within the State of New Jersey, without regard to its
conflict of law provisions. In the event of any dispute
regarding the HolyLandCollections.com Affiliate Program or
any matter related to this Agreement, you agree that
litigation shall be in the state or federal courts of
Trenton, New Jersey. Any process, in any action or
proceeding arising under or relating to this Agreement, may,
among other applicable methods, be served by delivering or
mailing the same by registered or certified mail return
receipt requested, directed to us.
17. ENTIRE AGREEMENT
This agreement constitutes and contains the entire agreement
between the parties with respect to the subject matter
hereof and supersedes any prior contemporaneous agreements,
oral or in writing.
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