Affiliate Program Terms



TRAVELTOILETRYKITS.COM AFFILIATE PROGRAM OPERATING AGREEMENT

THIS AGREEMENT sets forth the terms and conditions agreed to between TRAVELTOILETRYKITS.COM, and you as an "Affiliate" in the TRAVELTOILETRYKITS.COM Affiliate Program (the "Affiliate Program"). Once accepted into the Affiliate Program, an Affiliate can establish links from the Affiliate's website to "http://www.TRAVELTOILETRYKITS.COM" or any other web page or website designated by TRAVELTOILETRYKITS.COM. In return, TRAVELTOILETRYKITS.COM pays to each Affiliate a fee for each Qualifying purchase made through that Affiliate's site.

THIS IS A LEGAL AND CONTRACTUALLY BINDING AGREEMENT BETWEEN THE AFFILIATE AND TRAVELTOILETRYKITS.COM. YOU INDICATE YOUR WILLINGNESS TO BE BOUND TO TRAVELTOILETRYKITS.COM BY THIS AGREEMENT BY COMPLETING AND SUBMITTING THE AFFILIATE APPLICATION. THIS AGREEMENT WILL TAKE EFFECT IF AND WHEN TRAVELTOILETRYKITS.COM REVIEWS AND ACCEPTS YOUR APPLICATION AND GIVES YOU NOTICE OF ACCEPTANCE. BY SUBMITTING YOUR APPLICATION, AFFILIATE CERTIFIES THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH BELOW, AND THAT YOU ARE AUTHORIZED TO SUBMIT THIS APPLICATION BY THE NAMED AFFILIATE.

In connection with your participation in the Affiliate Program, you and TRAVELTOILETRYKITS.COM agree as follows:

1. Enrollment in the Affiliate Program. To apply for enrollment you must submit a complete "Affiliate Application" via the link provided. TRAVELTOILETRYKITS.COM will evaluate your application and will notify you of our acceptance or rejection of your application. TRAVELTOILETRYKITS.COM may reject your application in its sole discretion for any reason, including, but not limited to a determination that your site is unsuitable for or incompatible with the Affiliate Program; that your site incorporates (or links to) images or content that is any way unlawful, offensive, profane, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable; that your site facilitates illegal activity, promotes, depicts, or links to sexually explicit, obscene or pornographic images; promotes or depicts violence; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; that your site incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights (collectively "Restricted Content").

2. Referral Fee. For each Qualifying Sale (as defined below), Affiliate will earn a fee as specified in the application acceptance notification from TRAVELTOILETRYKITS.COM. In addition, from time to time, bonuses may be paid to Affiliate, at the sole discretion of TRAVELTOILETRYKITS.COM, as rewards for generating substantial traffic, bringing in new customers, or other accomplishments. Only Qualifying Sales made at TRAVELTOILETRYKITS.COM and shipped to a customer and for which TRAVELTOILETRYKITS.COM has received full payment will qualify for a Commission. No Commission will be paid on that portion of a customer's payment which relates to shipping, handling, express mail, sales tax, and other similar charges. Commission payments will be paid by TRAVELTOILETRYKITS.COM to Affiliate according to the schedule of payouts established by TRAVELTOILETRYKITS.COM. Currently, commissions payments will be made when the amount owed to Affiliate reaches a total of $10.00. However, this amount is subject to change at any time at the discretion of TRAVELTOILETRYKITS.COM and without prior notification to Affiliate.

3. Qualifying Sales. Any purchase of made online at TRAVELTOILETRYKITS.COM, on TRAVELTOILETRYKITS.COM order forms, which is generated from Affiliate's TRAVELTOILETRYKITS.COM link to a qualifying URL, as defined by herein, will constitute a "Qualifying Sale" for purposes of determining Affiliate's Commission. Sales to customers who pay offline using a credit card or other payment method via telephone or other means shall not constitute Qualifying Sales, regardless of the customer previously followed a link from an affiliates website.

4. Term of this Agreement. The term of this Agreement will commence on the date that your application as an Affiliate is approved by TRAVELTOILETRYKITS.COM and will end when terminated by either party. Either Affiliate or TRAVELTOILETRYKITS.COM may terminate this Agreement at any time, with or without cause, by giving the other party written or e-mail notice of termination. Affiliate will continue to receive Commission payments for all Qualifying Sales during the term of this Agreement.

5. Links. Affiliate agrees to place TRAVELTOILETRYKITS.COM available links on the Affiliate's website and will properly code all links to the TRAVELTOILETRYKITS.COM website in the manner specified herein. Affiliate may select or remove such links, at any time without prior approval from TRAVELTOILETRYKITS.COM. Affiliate agrees to cooperate with TRAVELTOILETRYKITS.COM in establishing and maintaining such links.

6. Order Processing. TRAVELTOILETRYKITS.COM will be solely responsible for processing each order placed by a customer from Affiliate's links. Order entry will use the TRAVELTOILETRYKITS.COM on-line ordering process. TRAVELTOILETRYKITS.COM shall be responsible for administering order forms, payment processing, shipping, cancellations, returns, and related customer service. All of the rules, operating procedures and policies of TRAVELTOILETRYKITS.COM regarding customer orders and accounts will apply to orders received through special links on Affiliate's TRAVELTOILETRYKITS.COM link. TRAVELTOILETRYKITS.COM reserves the right to reject any order in its sole discretion.

7. Cancellations, Bad Checks, and Declined Credit Card Charges. If a purchase for which a commission has been paid is subsequently cancelled by the customer, TRAVELTOILETRYKITS.COM may, at its option, deduct the amount of the previously paid commission from Affiliate's next Commission payment. If an order is cancelled prior to being shipped from TRAVELTOILETRYKITS.COM, Affiliates will not receive a Commission on that order.

8. Tracking of Qualifying Sales. TRAVELTOILETRYKITS.COM will be solely responsible for tracking sales generated by Affiliate's links. Affiliate will be solely responsible for ensuring that its TRAVELTOILETRYKITS.COM links are formatted properly and maintained in a manner which allows TRAVELTOILETRYKITS.COM to track such sales activity. No Commission shall be paid for sales not tracked by TRAVELTOILETRYKITS.COM's system or if a customer accesses the TRAVELTOILETRYKITS.COM site through other than the Affiliate's TRAVELTOILETRYKITS.COM links. TRAVELTOILETRYKITS.COM will provide Affiliate with statements of Qualifying Sales activity at the request of Affiliate and/or at the time Commissions are paid.

9. Prices and Availability. TRAVELTOILETRYKITS.COM is solely responsible for determining the prices charged to customers under the TRAVELTOILETRYKITS.COM Affiliate Program. Prices may be changed from time to time for various reasons, including price increases and special discounts offered by TRAVELTOILETRYKITS.COM. For this reason, it is not recommended that Affiliate specify prices on their web sites.

10. TRAVELTOILETRYKITS.COM Customers. Customers who purchase products or services through the TRAVELTOILETRYKITS.COM Affiliate Program are customers of TRAVELTOILETRYKITS.COM. Affiliate has no authority to make or accept any offer on behalf of TRAVELTOILETRYKITS.COM. Affiliate has no authority to make, and TRAVELTOILETRYKITS.COM is not responsible for, any representations made by Affiliate which contradict these policies.

11. Copyrighted Material. Affiliate is solely responsible for ensuring that any reviews, articles, or other content it provides, in conjunction with its TRAVELTOILETRYKITS.COM links, obey all applicable copyright and other laws. Generally, Affiliate must have express permission to use another party's copyrighted or other proprietary material. TRAVELTOILETRYKITS.COM is not responsible for Affiliate's improper use of another party's copyrighted or proprietary material.

12. Trademarks. All TRAVELTOILETRYKITS.COM trademarks, trade names and service marks (collectively, the "Marks") are the exclusive property of TRAVELTOILETRYKITS.COM and Cyberia Communications. Notwithstanding anything set forth in this Agreement, TRAVELTOILETRYKITS.COM reserves full ownership of the Marks and the Licensed Materials (as defined below). All use of the Marks by Affiliate is limited solely to the use contemplated by this Agreement.

13. Licenses and Use of the the name "Travel Toiletry Kits", and TRAVELTOILETRYKITS.COM Logos and Trademarks. TRAVELTOILETRYKITS.COM grants Affiliate a non-exclusive, nontransferable, revocable right to (a) access the TRAVELTOILETRYKITS.COM site through the links solely in accordance with the terms of this Agreement and (b) solely in connection with such links, to use TRAVELTOILETRYKITS.COM logos, trade names, trademarks, and similar identifying material relating to TRAVELTOILETRYKITS.COM (collectively, the "Licensed Materials"), for the sole purpose of encouraging sales at TRAVELTOILETRYKITS.COM. Prior to using any of the Licensed Materials in offline publications or other media, Affiliate should submit to TRAVELTOILETRYKITS.COM for approval a draft of all proposed material that incorporates the Licensed Materials, together with a brief statement setting forth the proposed use of such materials and any other background or supporting material reasonably requested by TRAVELTOILETRYKITS.COM to allow us to make an informed judgment. All such materials shall be submitted to TRAVELTOILETRYKITS.COM at least seven (7) days prior to the date of first intended use. TRAVELTOILETRYKITS.COM will notify Affiliate of its approval or disapproval of such materials within five (5) business days of its receipt of all information required to be submitted. The approval or disapproval of such materials will be in the sole discretion of TRAVELTOILETRYKITS.COM. Any materials not receiving specific written preliminary approval from TRAVELTOILETRYKITS.COM will be deemed disapproved. Affiliate is only entitled to use the licensed materials to the extent that it is a member in good standing of the TRAVELTOILETRYKITS.COM Affiliate program. Affiliate agrees not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays TRAVELTOILETRYKITS.COM, it's parent company Cyberia Communications, or its other subsidiaries, in a negative light. Doing so will result in the immediate revocation of the Affiliate's license, and may subject the Affiliate to legal action. Some information provided by TRAVELTOILETRYKITS.COM to Affiliate may be proprietary in nature. Affiliate represents and agrees not to share any such confidential information with any third party.

14. Service Interruption. Certain technical difficulties may, from time to time, result in service interruptions. Affiliate agrees not to hold TRAVELTOILETRYKITS.COM responsible for the consequences of such interruptions.

15. Indemnification. Affiliate will be solely responsible for the development, operation, and maintenance of their website(s) and for all materials that appear on that site.

For example, Affiliate will be solely responsible for:

  1. the technical operation of your site and all related equipment
  2. ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
  3. creating and posting Product descriptions on your site and linking those descriptions to the TRAVELTOILETRYKITS.COM website.
  4. the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Links).
  5. ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  6. ensuring that materials posted on your site are not libelous or otherwise illegal
  7. ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

Affiliate hereby agrees to indemnify, defend, and hold harmless TRAVELTOILETRYKITS.COM, its proprietors, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by Affiliate (collectively the "losses"), in so far as such losses (or actions in respect thereof) arise out of, are related to, or are based on (i) the breach of any representation, warranty, or covenant made by TRAVELTOILETRYKITS.COM herein; or (ii) any claim related to Affiliate's site or the operation of Affiliates site(s).

16. Confidentiality. Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning TRAVELTOILETRYKITS.COM or Affiliate, respectively shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent necessary to exercise rights and perform obligations under this Agreement. The foregoing restrictions will not apply to information to the extent it (i) was known to the receiving party at the time of disclosure; (ii) has become publicly known through no wrongful act of the receiving party; (iii) has been rightfully received from a third party under no obligation to the disclosing party; (iv) has been disclosed by court order or as otherwise required by law if the receiving party has given the disclosing party a reasonable opportunity to contest or limit the scope of such required disclosure.

17. Modification. TRAVELTOILETRYKITS.COM reserves the right to change any and all of the terms and conditions in this Agreement, at any time and in its sole discretion by posting a new agreement on its website. Without limiting the generality of the foregoing, the amount of Commissions, the definition of Qualifying Sales, the conditions of payouts, and all other provisions of this Agreement are subject to change without notice. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, ITS ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATE'S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING POSTING OF A NEW AGREEMENT ON THE TRAVELTOILETRYKITS.COM AFFILIATE PROGRAM WEBSITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

18. Warranty Disclaimer. TRAVELTOILETRYKITS.COM makes no warranties, representations or conditions with regard to the TRAVELTOILETRYKITS.COM Affiliate Program or, except as expressly set forth in TRAVELTOILETRYKITS.COM then current sales policies, any products or services sold thereunder, whether express or implied, arising by law or otherwise, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

19. Limitation of Damages. TRAVELTOILETRYKITS.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 TRAVELTOILETRYKITS.COM Affiliate Program, regardless of whether TRAVELTOILETRYKITS.COM has been advised of the possibility of such damages. Further, TRAVELTOILETRYKITS.COM' aggregate liability arising under or with respect to this Agreement or the program shall in no event exceed the total Commissions paid or payable by TRAVELTOILETRYKITS.COM to Affiliate under this Agreement.

20. Independent Investigation. AFFILIATE ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, HAS HAD AN OPPORTUNITY TO CONSULT WITH ITS OWN LEGAL ADVISERS IF IT SO DESIRED, AND AGREES TO ALL ITS TERMS AND CONDITIONS. AFFILIATE AGREES THAT, IN INTERPRETING THIS AGREEMENT, NO WEIGHT SHALL BE PLACED UPON THE FACT THAT THIS AGREEMENT HAS BEEN DRAFTED BY TRAVELTOILETRYKITS.COM, AND IT SHALL NOT ASSERT THAT THIS AGREEMENT IS UNENFORCEABLE OR INVALID ON THE GROUNDS THAT IT IS A CONTRACT OF ADHESION, THAT IT IS UNCONSCIONABLE, OR ANY SIMILAR THEORY. AFFILIATE UNDERSTANDS THAT TRAVELTOILETRYKITS.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'S WEB SITE. AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

21. Miscellaneous. This Agreement shall be governed by the laws of the United States and the State of New York without reference to its choice of law principles. Any action relating to this Agreement must be brought in the federal or state courts located in Tompkins County, New York, and Affiliate irrevocably consents to the jurisdiction of such courts. Affiliate and TRAVELTOILETRYKITS.COM are independent contractors and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of TRAVELTOILETRYKITS.COM. Subject to the foregoing restriction, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties and their respective successors and assigns. TRAVELTOILETRYKITS.COM reserves the right to offer separate and different promotional and/or incentive arrangements to its suppliers, key customers and other third parties.

 

 
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