AFFILIATE AGREEMENT
This agreement describes the terms and conditions for participation in the OverStockTattoo.com Affiliate Program. The terms "Affiliate," "you," and "your" are referring to you, the applicant. "We" and "our" refer to OverStockTattoo.com or TattooSuppliesDirect.com, LLC. We are independent parties and this agreement will not form any partnership.
AGREEMENT DURATION
This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
MODIFICATION
By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.
COMMISSION FEES
You will receive 15% of the revenue as a commission from orders placed on OverStockTattoo.com through your Affiliate Site. For a sale to generate a commission to an Affiliate, the customer must complete the purchase. Referral fees can only be earned between the acceptance of the Affiliate application and notice of termination. Fees will be paid on the 1st of each month by OverStockTattoo.com. Any returned checks, charge backs, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due a billing invoice for the amount will be issued. Payment of the final referral fee payment to AFFILIATE may be withheld for a reasonable time in order to ensure that the correct amount is paid.
ORDER PROCESSING
OverStockTattoo.com. will be solely responsible for processing every order placed by a customer. Customers who purchase products and services through OverStockTattoo.com will be deemed to be customers of OverStockTattoo.com. Prices and availability of our products and services may vary from time to time. OverStockTattoo.com. policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
TRACKING OF SALES
OverStockTattoo.com will track sales made to customers who use the unique Affiliate ID from the AFFILIATE Web site. OverStockTattoo.com tracks sales through the use of cookies. AFFILIATE will be responsible for ensuring that AFFILIATE special link includes AFFILIATES unique Affiliate ID and is formatted properly, a necessary prerequisite for us to track such sales. Statements of referral product sales activity will be provided to AFFILIATE through OverStockTattoo.com. All statements after 30 days shall be deemed correct unless AFFILIATE give us notice of any error prior to that date. OverStockTattoo.com shall not be responsible for any errors AFFILIATE or AFFILIATE customers make which result in any loss of any tracking information contained in the special link. OverStockTattoo.com does not have any obligation or liability to pay referral fees for purchases made from which cookies are not reasonably traceable by OverStockTattoo.com To protect OverStockTattoo.com customers' privacy, the names or other personal information about specific customers will not be provided to AFFILIATE.
WEBSITE RESTRICTIONS
OverStockTattoo.com reserves the right not to accept any site into the OverStockTattoo.com Affiliate Program based on site content. Sites that do not qualify for the OverStockTattoo.com Affiliate Program include sites that are:
• X- rated and promote sexually explicit materials
• Promoting violence and discord.
• Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promoting illegal or questionable activities
• Violating intellectual property rights
• Promote the use of bulk e-mail or “Spam”
• Contain content that is threatening, defamatory, fraudulent, obscene or harassing
RESPONSIBILITY FOR AFFILIATE SITE
AFFILIATE will be solely responsible for the development, operation and maintenance of AFFILIATE owned website and for all materials that appear on the AFFILIATE owned website. For example, AFFILIATE will be solely responsible for: the technical operation of AFFILIATE owned website and all related equipment creating and posting product descriptions, logos or pictures on AFFILIATE owned website and linking those descriptions to OverStockTattoo.com the accuracy and appropriateness of materials posted on AFFILIATE owned website (including, among other things, all product related materials) ensuring that materials posted on AFFILIATE owned website do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights) ensuring that materials posted on AFFILIATE owned website are not libelous or otherwise illegal.
OverStockTattoo.com disclaims all liability for these matters. Further, AFFILIATE will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance and contents of AFFILIATE owned website.
MODIFICATIONS
OverStockTattoo.com may modify any of the terms and conditions contained in this Agreement, at any time and in OverStockTattoo.com’s sole discretion, by posting a change notice or a new agreement on OverStockTattoo.com’s site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATES ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATES CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING REG.NET'S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
EFFECT OF TERMINATION
Upon termination or expiration of this Agreement, Participant shall have no right or license to use the OverStockTattoo.com, Inc.’s trademarks, copyrights, etc. in any manner. OverStockTattoo.com, Inc shall have no obligation to pay Participant any fees or charges, including Referral Fees, for services or products purchased after the expiration or termination of this Agreement for any reason. All provisions of this Agreement which by their nature are intended to service the expiration or termination of this Agreement shall survive and remain in full force and effect.
LIMITATION OF DAMAGES
OverStockTattoo.com SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM, EVEN IF OverStockTattoo.com INC. WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OverStockTattoo.com's AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM SHALL IN NO EVENT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE BY US TO AFFILIATE UNDER THIS AGREEMENT.
INDEPENDENT CONTRACTORS
AFFILIATE are an independent contractor and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship with us.
HEADINGS
The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this Agreement.
ASSIGNMENT
AFFILIATE may not assign this Agreement, by operation of law or otherwise, without OverStockTattoo.com's prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and enforceable against the parties and their respective successors and assigns.
WAIVER
OverStockTattoo.com’s failure to enforce AFFILIATE strict performance of any provision of this Agreement will not constitute a waiver of OverStockTattoo.com’s right to subsequently enforce such provision or any other provision of this Agreement.
FREE TO CONTRACT WITH OTHERS
AFFILIATE understand that OverStockTattoo.com 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 AFFILIATE Web site.
WEB SITE SERVICE INTERRUPTION
OverStockTattoo.com will make every effort to keep its Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. AFFILIATE agrees not to hold us liable for any of the consequences of such interruptions.
SPAM (UCE)
Unsolicited Commercial E-mail - OverStockTattoo.com in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the OverStockTattoo.com Affiliate Program.
DISCLAIMER
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the OverStockTattoo.com Affiliate Program.
This Agreement will be governed by the laws of the United States and the State of Delaware, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in Wilmington DE, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
