|
Terms and Conditions of BOCABETH.COM’s Affiliate Program
This
Affiliate Agreement ("Agreement") contains the terms and
conditions between BOCA BETH LLC (USA) located at 11624 Branch
Mooring Drive Tampa, Florida 33635 and you (the affiliate),
regarding your application and participation as an affiliate of
www.BOCABETH.COM, and the
establishment of any links from your Web site to our Web site at
www.BOCABETH.COM.
Please read
these terms and conditions carefully as they constitute a legal
agreement between you and our company upon your acceptance into
our affiliate program.
By applying to and being accepted into our affiliate program,
you agree to be bound by all of the terms and conditions set
forth in this agreement relative to your participation in the
affiliate program.
Affiliate Program Enrollment:
To become a participant in BOCABETH.COM’s Affiliate Program, you
will need to submit a complete Affiliate Program Application via
our Web site. We will evaluate your application and notify you
of your acceptance. We may reject your application if, in our
sole discretion, your web site or email may not be suitable for
the Affiliate Program for any reason, including, but not limited
to, inclusion of content that is in any way unlawful, harmful,
threatening, defamatory, obscene, harassing, or racially,
ethnically or otherwise objectionable
Setting Up Links:
We will make available to you, banner advertisements, button
links and text links to our Web site ("Links"). In using the
Links, you agree that you will cooperate fully with us in order
to establish and maintain such Links. All Affiliate Web sites
shall display such graphic images prominently throughout your
Web sites as you see fit and with our consent. A Link can be
modified and/or expanded with our consent. We have the right, in
our sole discretion, to monitor your Web site at any time and
from time to time to determine if you are in compliance with the
terms of this Agreement.
Order Processing:
We will
process orders placed by customers who follow the Links from
your Web site to the BOCABETH.COM Web site. We reserve the
right, in our sole discretion, to reject orders that do not
comply with certain requirements, which we may establish from
time to time. All aspects of order processing and fulfillment,
including order entry, customer service, cancellations, returns
and payment processing will be our responsibility. We will track
the amount of sales generated by your Web site and will make
this information available to you through our Web site. To
permit accurate tracking, reporting, and fee accrual, you must
ensure that the Links between your Web site and our Web site are
properly formatted. You are responsible to inform BOCABETH.COM
of any suspected problems in the tracking code immediately.
Commissions:
We will pay
you a commission equal to fifteen (15%) percent of all new
customer purchases, excluding any additional charges such as
shipping and handling, to such customer and for which we have
received full payment.
A
commission will only be paid to you if the customer is tracked
as originating from your Link from the time of the Link to the
time of the sale.
For a sale
to generate a commission, the customer must follow the Link for
your Web site to our Web site, purchase product(s) using our
online ordering system, accept delivery of the at the shipping
destination, and remit full payment to us. However, no
commission will be paid for orders that are refunded, not paid
for, undeliverable or payment for which is credited to any
customer.
BOCABETH.COM shall set the price of any products at its sole
discretion.
Products
referred to in this agreement are from the Boca Beth Language
Learning Series available directly through BOCABETH.COM. No
commission is due or payable on the sale of any other products,
including but not limited to books, services, subscriptions,
supplies offered by any other partners, affiliates, advertisers
or sponsors.
Payments:
We will pay your commission on a monthly basis. Within
approximately 30 days following the end of each month, we will
send you a check for the commission earned on the products
shipped during the preceding month. If a product sale that
generated commission is refunded by the customer, we will deduct
the corresponding commission from your next monthly payment.
Fraud:
BOCABETH.COM also retains the right to review all commissions
for possible fraud. Any incidence of fraud
constitutes
a breach of this Agreement, and BOCABETH.COM retains full
authority to terminate this Agreement immediately.
Non-Exclusive:
This is a non-exclusive agreement as to BOCABETH.COM and
Affiliate. Both parties may enter into similar agreements with
other parties.
Termination:
Either
Party may terminate this agreement with 30 days written notice
to the other party. The agreement may be terminated sooner by
BOCABETH.COM in the event of any breach by Affiliate.
Governing Law:
This Agreement shall be subject to and construed according to
the laws of the State of Florida. Any suit to enforce any
provision of this agreement must be filed in the city of Tampa.
Validity:
In the event that any one or more of the provisions of this
Agreement shall for any reason be held to be invalid, such
invalidity shall not affect any other provision of this
Agreement.
Interruption of Service:
Although BOCABETH.COM will try to keep the service operational
at all times, a certain amount of downtime and interruption of
service is always possible and inevitable. BOCABETH.COM is not
responsible for any interruption of the service and Affiliate
agrees not to hold BOCABETH.COM liable for any consequences of
interruption of any service.
Entire Agreement:
This Agreement contains the entire agreement of the parties and
no oral statements or prior agreements shall have any force and
effect. BOCABETH.COM may modify the terms of this agreement in
writing by giving 10 days written notice to Affiliate.
It is
expressly understood that this Agreement in no way guarantees a
sale of the site. |