This Agreement contains complete terms and conditions that apply to an individual's or entity's participation in the AdultEMart.com Affiliate Network Program (the "Program"). As used in this Agreement, "we" means AdultEMart.com , and "you" means the applicant. "Site" means a world wide website and, depending on the context, refers either to AdultEMart.com site or to the site that you will link to our site.
1. Enrollment in the Program
You will submit a complete application via our site AdultEMart.com. Although the account will be opened immediately for use, we will review your application. We may reject your application, if we determine, in our sole discretion, that your site is unsuitable for the Program. Unsuitable sites include those that promote illegal activities or violate any law, rule or regulation, or infringe upon the rights of any third party (including, for example, copyright, trademarks, privacy or other personal or proprietary rights). However, if we reject your application, you are welcome to reapply to the Program at any time.
2. Links on Your Site
You may link directly to our homepage, link to individual titles or product catalogs with a banner ad or text links or use our search engine directly from your web site via search box in a format to be approved by AdultEMart.com. We will provide you with guidelines and graphical artwork to use in linking to our site.
You have the option to link to as many products or product catalogs as you wish that are present on our site. You will be responsible for the content, style, and placement of these references. Each link will connect directly to a single item in our online catalog, using a special link format that we give you.
3. Order Processing
Once a customer completes an order generated from a link on your site, he/she is considered a customer of AdultEMart.com . We will handle the entire order process. This includes order processing, payment retrieval, order shipping, and customer service. We reserve the right to refuse any order that does not meet the requirements of AdultEMart.com order rules and regulations.
4. Referral Fees
We will pay you referral fees on certain product sales to third parties. For a product sale to generate a referral fee, the customer must a) follow a special link in the format specified by AdultEMart.com from your site to the AdultEMart.com site, b) purchase the product using AdultEMart.com automated ordering system, c) accept delivery of the product at the shipping destination; and remit full payment to us. We will not, however, pay referral fees on any products that are added to a customer's Shopping Cart after the customer has reentered the site (other than through a special link from your site), even if the customer previously followed a link from your site to our site. The Program is intended for commercial use only, and you may not purchase products through the Program for your own use. Such purchases may result, in our sole discretion, in the withholding of referral fees. Products that are entitled to earn referral fees under the rules set forth above are hereinafter referred to as "Qualifying Products."
5. Fee Schedule
You will earn referral fees based on the sale price of Qualifying Products (as defined above), according to fee schedules to be established by us. "Sale price" means the sale price listed in our catalogs and product pages and excludes costs for shipping, handling, gift-wrapping, and taxes.
Currently we have two types of programs:
First order commissions: you will earn commissions on the first order placed by a customer, who came from your site or any other site using links generated by you.
Lifetime commissions: You earn commissions on all orders placed by visitors you sent to our site for as long as the customers keep placing orders with AdultEMart.com. Your affiliate ID is associated with the customer's ID for the lifetime of the customer.
If an existing AdultEMart.com customer comes from your site you will still get paid for making a referral, however, your earnings will be split between your and the affiliate who initially brought this customer to the site . If the customer is assigned to another affiliate, you will split commission with that affiliate based on his/her current schedule. If the customer is assigned to us you will split commission with us based on the current quarter's lifetime schedule.
The current fee schedule is
- First order commissions program: 14% of the DVD sale price for the direct link and 12% for indirect (with redirection script) link,
- Lifetime commissions: 7% of the DVD sale price for the direct link and 6% for indirect (with redirection script) link,
- First order commissions program: 12% of the Novelty sale price for the direct link and 10% for indirect (with redirection script) link,
- Lifetime commissions: 6% of the Novelty sale price for the direct link and 5% for indirect (with redirection script) link.
6. Fee Payment
We will pay you referral fees on a quarterly basis. Approximately 15 days following the end of each calendar quarter, we will send you a check for the referral commissions earned on products that were shipped during that quarter, less any taxes that we are required by law to withhold. We do not issue a check that totals less than $20 dollars. However, commissions under $20 are to be carried over to the next quarter.
7. Policies and Pricing
Customers, who buy products through this Program, will be deemed to be customers of AdultEMart.com . Accordingly, all AdultEMart.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. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
8. Limited License
We grant you a nonexclusive, revocable right to use the linking images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify any of our images in any way. We may revoke your license at any time by giving you a written notice.
9. Terms of the Agreements
The terms 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 by giving the other party a written notice of termination. You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
10. 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, 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 your site will continue binding acceptance of the change.
11. 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 of this Agreement.
12. 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.
13. 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.
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.
