ARCADIAN
GALLERIES PARTNERSHIP OPERATING AGREEMENT
By
filling out the signup form you acknowledge that you have read
these terms and conditions, understand, and agree with them.
1. Joining
the Program
By filling out the signup form you give us the right to review
your website and determine your suitability or otherwise to be
a member of our Partner Program. We reserve the right to accept
or decline partner applications using our sole discretion and
without giving reason. Once accepted into the program as a partner,
you are bound by the terms of this agreement. Your participation
in the program is solely for this purpose: to legally advertise
our website to receive a commission on products purchased by
the individuals you refer.
2. Revocation
of Partner Status
Your partner application and status in the program may be suspended
or terminated for any of the following reasons:
- Inappropriate
advertisements (False claims, misleading hyperlinks)
- Spamming (mass
email, mass newsgroup posting, etc...)
- Advertising
on sites containing/promoting illegal activities
- Violation
of intellectual property rights.
3. Partner
Links
You may use graphic and text links both on your website and in
emails. The site may also be advertised "offline" in
classified ads, magazines, and newpapers. You may use the graphics
and text provided to you by us, or you may create your own as
long as they are deemed appropriate according to the conditions
in 2.
4. Partner
Tracking
When a web surfer clicks through your partner link, a cookie
is set in their browser that contains your partner username.
Also, their IP address is tracked in the database along with
your partner name. When this person decides to buy a product,
the script will look for this cookie and/or try to match their
IP address to identify the partner who will be awarded the commission.
Visitors sent through your partner link may make a purchase later
in time and the commission will still be awarded if the cookie
is present in their browser and/or they are using the same IP
address as the one logged in the database.
5. Payment
of Commissions
Commissions will be paid by check (cheque) in US Dollars drawn
on a North American bank at around the middle of the month following
the month in which the product(s) is/are shipped to the customer.
Checks are sent out once each calendar month. Checks are only
issued to a Partner when the total value of comissions due to
them exceeds a specific amount. This amount together with the
comission percentage is set out below. If the total amount due
is less than this amount, then the balance will accrue to subsequent
months until such time as this amount is exceeded. The cumumative
amount due will then be paid. The commission percentage is applied
to the total applicable sale value in US dollars excluding delivery/handling
charges.
Commission
percentage: 7%
Minimum amount for payment: US$ 50
Upon termination
of your membership of the Partner Program, any sums held on account
which are less than the 'minimum amount for payment' will be
forfeit.
You may earn
commissions on your own orders when placed via the links on your
site provided that such links are also prominently accessible
for use by all other surfers. Non-compliance with this requirement
will result in immediate termination of your membership and forfeiture
of any pending commissions.
6. Customer
Returns
If a customer returns the products for a refund we will still
pay you a comission on the original sale. The only exception
to this is if the products were purchased either by or on behalf
of the partner. This is to prevent fraud. If such a commission
has already been paid to a partner, we will deduct the applicable
amount from future commission payments.
7. Term
of the Agreement
These terms will begin upon our acceptance of your joining the
Partner Program and will end when your partner account is terminated.
The terms of this agreement may be modified by us at any time.
If any modification to the terms is unnacceptable to you, your
only recourse is to terminate your partner account. Your continuing
participation in the program will constitute your acceptance
of any change.
8. Liability
Whilst every effort will be made to avoid such, we will not be
liable for direct, indirect or accidental damages (including
but not limited to loss of revenue, commissions, etc) due to
partner tracking failures, loss of database files, and any results
of "intents of harm" to the program or our website.
We do not make any expressed or implied warranties with respect
to the Partner Program and/or products sold at this site. We
make no claim that the operation of the Partner Program and our
website will be error-free and we will not be liable for any
interruptions or errors.
9. Law
These terms and conditions should be construed in accordance
with the laws of the United Kingdom and Channel Islands.
By
filling out the Signup form you acknowledge that you have read
these terms and conditions, understand, and agree with them. |