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| Affiliate Program |
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| Terms and Conditions |
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| ENROLLMENT IN THE PROGRAM |
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| You agree to supply all necessary information on our enrollment form, including your social security number or tax identification number. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that contain pornographic and illegal materials, promote violence and discrimination based on race, sex, religion, nationality. |
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| If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. |
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| LINKS ON YOUR SITE |
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| Once you have been notified that your site has been accepted into the Program, you may use our textual links, banner advertisements and other material that we provide. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special tagged link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such tracking link formats. It is your sole responsibility to properly place such links on your website, failure to do so may result in loss of customer referral and therefore loss of commission. You will only earn referral fees with respect to activity on our site occurring directly through tracking links. |
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| ORDER PROCESSING |
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| We will process product orders placed by customers who follow special links 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 Tracking Links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion. |
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| REFFERAL FEES |
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| We will pay you referral fees on Qualified Product sales. For a Product sale to be eligible to earn a referral fee, the customer must follow a Tracking Link from your site to our site, 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 will earn referral fees based on qualifying revenues according to referral fee schedules to be established by us. Qualifying revenues are revenues derived by us from our sales of qualifying products, excluding costs for shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, and bad debt. The current referral fee is 12% of Qualifying Revenues from the sale of products. |
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| REFFERAL FEE PAYMENT |
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| We will pay you referral fees on a monthly basis. Approximately 30 days following the end of each calendar month, we will send you a check for the referral fees earned on our sales of Qualifying Products that were shipped during that month, less any taxes that we are required by law to withhold. |
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| POLICIES AND PRICING |
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| Customers who buy products through this Program will be deemed to be customers of DarciDecortes.com. Accordingly, all DarciDecorates.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 of price of any particular product. |
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| YOUR AFFILIATION |
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| You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that DarciDecorates.com supports, sponsors, endorses or contributes money to any charity or other cause). |
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| TERMS AND CONDITIONS OF THE AGREEMENT |
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| The terms and conditions 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. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all the DarciDecorates.com trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral fees on our sales of Products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold final payment for a reasonable time to ensure that the correct amount is paid. |
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| MODIFICATION |
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| 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. |
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| RELATIONSHIP OF PARTIES |
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| 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. |
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| LIMITATION OF LIABILITY |
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| 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. |
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| DISCLAIMERS |
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| 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, noninfringement, 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. |
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| INDEPENDANT INVESTIGATION |
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| 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 DEDIRABILITY 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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| MISCELLANEOUS |
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| This Agreement will be governed by the laws of the United States and the state of Nevada, 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 Reno, Nevada 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 the Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. |
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| To sign up for the DarciDecorates.com Affiliate Program, go to our Affiliate Form. |
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| Professional Cake Turntable |
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Spin your cake as you decorate like the professionals! |
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Price: $62.95 $57.78 View Product |
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