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The following terms ("the Offer") are made part of and
incorporated into any Agreement covering Partner's participation in the
PoliticalGifts.com Affiliate Program ("the Program"). Your ("the Partner's")
failure to comply with any provision of this Offer shall be grounds for
PoliticalGifts.com ("the Merchant") to immediately terminate the Agreement
and for Partner's forfeiture of any commissions.
1. The commission
offered to Partners pursuant to this Agreement is 10%. Such commission
shall be payable solely by PoliticalGifts.com, Inc. No Partner shall have
any recourse against PoliticalGifts.com, Inc. or any of its subsidiaries
or affiliates for the payment of any such commission.
2. Partners
will be paid commissions earned under the Agreement on a quarterly basis;
provided that, if the commission earned in any quarter is less than U.S.
$25.00, then the amount earned will be carried over into subsequent quarters
and only paid to Partner when the total commission due exceeds $25.00.
3. During its
participation in the Program, Partner will not permit its site to display
any materials that contain adult language, products, content or themes,
or any material that is defamatory, obscene, indecent, unlawful, harmful,
persecutory, threatening, harassing or racially, ethnically, or otherwise
objectionable.
4. Under no
circumstances may any Partner site (a) in any way state or imply (in text
or otherwise) that Merchant sells products on sale, off price, at a discount,
or otherwise at lower than regular prices; (b) in any way state or imply
(in text or otherwise) that Merchant offers customers rebates or "freebies";
or (c) refer to any product sold by Merchant, directly or indirectly,
as a "gadget", "gizmo" or "widget" or use any similar term to describe
any product sold by Merchant.
5. All banners
and links used by Partner to link to the Merchant site must be downloaded
from the PoliticalGifts.com website.
6. Partner
may not "co-brand" or "frame" the Merchant site or otherwise have any
portion of Partner's site visible on the screen once a user has clicked
through to the Merchant site.
7. Partner
shall not make any public statement about Partner's participation in the
Program (including, but not limited to, press releases) without Merchant's
prior review and written consent to such statement. Partner shall make
any changes requested by Merchant prior to releasing any such statement.
8. Subject
to the terms and conditions set forth in this agreement, PoliticalGifts.com
shall be the exclusive seller of political merchandise and gifts on Partner's
website. Partner agrees that partner will not (directly or indirectly)
allow any other person or entity to sell political merchandise and gifts
on Partner's site or link their site to Partner's website in connection
with the sale of political merchandise and gifts.
9. Merchant
reserves the right to review all responses to this Offer and to determine,
in its sole discretion, whether to admit any party that responds to this
Offer into the Program. The factors that Merchant may consider include,
but are not limited to (a) Merchant will not accept any domains other
than top level domains; (b) no communities will be accepted (e.g., no
Hypermart, Geocities, Tripod and Mega Marketing); (c) Merchant prefers
sites that have posted privacy notices; (d) Merchant prefers for-profit
sites and will not accept single-cause sites, whether for-profit or not;
(e) Merchant will not accept Internet service providers or any chat sites;
and (f) Merchant discourages sites that, in merchant's opinion, are poorly
designed, have low quality graphics, or that contain personal pictures
and/or broken images.
10. Merchant
does not support or allow any type of unsolicited "spamming", "mass newsgroup
posting", or "message bombing". Any such act on the part of the Partner
will constitute an immediate breach in this agreement and termination
of the Partner's account. No commissions or fees will be paid by Merchant
to Partner. Merchant reserves the right to seek damages for any actions
resulting from unsolicited "spamming", "mass newsgroup posting", or "message
bombing" performed by Partner.
11. Merchant
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.
12. PARTNER
ACKNOWLEDGES 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.
13. This Agreement
will be governed by the laws of the United States and the state of Virginia,
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 Arlington, Virginia, 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 this 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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