| This Affiliate Agreement contains the
terms and conditions for participation as an Affiliate of WebDecal.com.
The term "Affiliate", "You" or "Your" is
herein referred to as you, the individual, business, or entity and
"Participating Website" refers to the website from which you
will link to WebDecal.com. "We" or "Our" refers to
WebDecal.com. By filling out and submitting our online application form,
you are confirming that you have read this Affiliate Agreement and agree
to be bound by its terms and conditions.
We reserve the right to reject any application or to terminate an Affiliate determined to be unsuitable for our Affiliate Program for any reason including, but not limited to, content that is, in our opinion, unlawful, obscene, harassing, threatening, racially or ethnically defamatory or otherwise objectionable or harmful. If we reject your application, you may reapply to the WebDecal.com Affiliate Program at any time. |
| Links You agree to post on your website a graphic and/or text link or links, as an advertisement for WebDecal.com. You may post as many links or remove such links, at anytime without prior approval from WebDecal.com. We provide you several graphic and text links to choose from. You are free to post your preferred Links prominently throughout your site as you see fit and with our consent. You agree to immediately remove any and all Links from your website at WebDecal.com's request at any time, for any reason. The Links will identify your site as a member of the WebDecal.com Affiliate Program and will establish a link from your site to ours. Links may be modified and/or expanded periodically throughout the term of this Agreement pursuant to the mutual agreement of Affiliate and WebDecal.com. Affiliates are not allowed to change sales material or to make false claims about WebDecal.com or our products. Affiliates are not permitted to publish WebDecal.com's website or sales material on their site. Affiliate is allowed to promote WebDecal.com and its products in any acceptable manner set forth in this agreement. Acceptable ways to promote WebDecal.com include banners, text links, correspondence to your newsletter subscribers, your client base/customers or as a contributor to a moderated list or newsletter. SPAMMING IS NOT ALLOWED. IF YOU SPAM, IN ANY FORM AT ALL, INCLUDING EMAIL OR NEWSGROUP POSTINGS, OR POST A LINK ON ANY ADULT, HATE OR SPAM WEBSITE, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY! REFERRAL FEES THAT HAVE NOT BEEN PAID UP TO THE DATE OF TERMINATION WILL BE FORFEITED BY THE AFFILIATE AND WILL BECOME THE PROPERTY OF WEBDECAL.COM Privacy To protect your privacy at any time an affiliate may opt-out of receiving any promotional messages from the company i.e. newsletters and sales promotions. You can unsubscribe from affiliate communications at any time by sending an email request to optout-email@webdecal.com Payment The WebDecal.com Affiliate Program is a two-tier system that pays commissions on 2 levels. We agree to pay all Affiliates a commission rate on all sales made by a visitor originating from the your Participating Website using your unique Affiliate Link. We pay commissions in the following amounts: 15% of the total sale (excluding tax and shipping) for each STANDARD SIZE WEBDECAL $5.00 for each CUSTOM WEBDECAL $5.00 for each WEDDING DECAL We also pay commissions for all sales originating from a sub-affiliate link in the following amounts 5% of the total sale (excluding tax and shipping) for each STANDARD SIZE WEBDECAL $2.50 for each CUSTOM WEBDECAL $2.50 for each WEDDING DECAL You will be issued a unique URL, which allows WebDecal.com to identify visitors from your site as originating from same. Visitors are tracked using third party software. This software utilizes cookies that are set for 3 years. These visitors are tracked with your unique URL and sales are recorded with your Affiliate Id. To receive commissions, your customers must arrive at WebDecal.com through your Affiliate Link and purchase a product. Payment will be paid by check every month an Affiliate has accrued more than $25.00 in commissions. Affiliates have the option of being paid by check sent through the US mail or through PayPal. Payments will be made by the 10th of each month. Although our Affiliate Program is not limited to the U.S. all payments will be made in U.S. dollars. WebDecal.com reserves the right to modify the payment schedule as long as notice is posted to the Web site or sent by email. If a qualifying sale is canceled or refunded, the related commission will be deducted from the next monthly payment. If you wish to be paid through Paypal, let us know at any time by email at paypalpayment@webdecal.com Reporting Affiliates wil be able to access sales through the affiliate administration panel on our Member Site. Access details will be supplied upon acceptance of your application. Statistics are available subject to server performance in real time providing clickthru's, sales and commissions due. Historical data on a monthly basis of past performance is also available. Predatory Advertising WebDecal.com agrees not to use predatory advertising methods designed to generate traffic from sites they have not contracted with for the online promotion of our products, services and affiliate program. Affiliate agrees not to use any predatory advertising methods in the promotion of WebDecal’s products or affiliate program. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site owner's expressed, written permission. Examples include, but are not limited to, keyword parsing browser plugins such as TopText and Surf+, banner replacement technology such as Gator, and browser spawning technology that is not web site dependent. Participation in predatory advertising programs will be cause for affiliates immediate termination. Customers Customers who buy WebDecal.com products through the Affiliate Program will be deemed to be customers of WebDecal.com. To protect WebDecal.com's customer privacy, we cannot provide identifying customer names and contact information to you. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, product availability, pricing and problem resolution will apply to those customers. We may change our policies and operating procedures at any time. The Affiliate does not have the authority to make or accept any offer on behalf of WebDecal.com. Webdecal.com is not responsible for any representations made by the Affiliate that contradict our policies. Processing of Orders WebDecal.com will be solely responsible for processing every order placed by a customer through a special link from an Affiliate's participating website. Orders will be processed by WebDecal.com when received by our secure online ordering process, telephone or mailing address. Order and payment processing, manufacturing and shipping, cancellations, returns and related customer service are the sole responsibility of WebDecal.com. WebDecal.com reserves the right to reject any order that does not comply with our policies or operating procedures. The Affiliate will be solely responsible for ensuring that these special links are formatted properly on their website, to allow successful tracking of such sales. Ownership of all copyrights, trademarks, trade names and intellectual property rights, including without limitation advertising copy and graphics will remain the sole property of WebDecal.com. Such trademarks, trade names and intellectual property rights may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a WebDecal.com logo, image, or trademark which may be distasteful, defame, or misrepresent. Term of the Agreement The term of this Agreement will begin upon inception of your Affiliate Program 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. You are only eligible to earn commission on sales occurring during the term, and commissions earned through the date of termination will remain payable only if the related WebDecal.com product orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that no overpayment is made. Affiliate understands and agrees that Affiliate tracking can never be 100% accurate and WebDecal.com is not responsible for inaccuracies that might occur beyond its control. Although it is the goal of WebDecal.com to make Affiliate tracking as accurate as possible, WebDecal.com cannot guarantee 100% tracking for situations beyond its control. Modifications WE MAY MODIFY ANY TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AT ANY TIME AT OUR SOLE DISCRETION. YOU WILL BE NOTIFIED BY EMAIL AND A CHANGE NOTICE WILL BE POSTED ON OUR SITE. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN COMMISSIONS OR THEIR SCHEDULES, PAYMENT PROCEDURES, AND AFFILIATE PROGRAM RULES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. Disclaimers WebDecal.com makes no express or implied warranties or representations with regard to this Affiliate Program or any WebDecal.com product sold through the Affiliate Program except as expressly set forth in this agreement.. . Additionally, 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. Relationship of Parties The relationship between WebDecal.com and you, the Affiliate, is that of independent contractor. Each party shall conduct its respective business at its own initiative and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The term "Affiliate" shall not be interpreted as a legal partner or affiliate. 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. 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. Governing Law: This Agreement will be governed by the laws of the United States and the State of New York. By completing and submitting our Online Application you confirm that you have read the terms and conditions as set forth in this Affiliate Agreement and agree with them. |