This Agreement contains the complete terms and conditions that apply
to an individual's or entity's participation in the Onlygowns.com
Affiliate Program (the "Program"). As used in this Agreement, "we"
means Onlygowns.com, and "you" means the applicant. "Site" means a
World Wide Web site and, depending on the context, refers either to
Onlygowns.com site located at the URL http://www.Onlygowns.com, or
to the site that you will link to our site (and which you will
identify in your Program application).
1. Registration to the Program
To begin with the registration process, you need to submit a
complete Affiliate Program application through our site. We will
evaluate your application in good faith and will notify you of your
acceptance or rejection. We may reject your application if we
determine (at our sole discretion) that your site is not suitable
for the Program. Examples of such sites (this list is not
exhaustive) are as under:
Promote racial intolerance,
or advocate against any individual, group, or organization, sex,
religion,
nationality, disability,
sexual orientation, or age
Promote illegal activities,
gambling or casino-related content
Otherwise violate
intellectual property rights.
Are in any nature perceived
to be as competitive sites to Onlygowns.com.
Has excessive advertising;
repetitive, or irrelevant keywords in the content or code of web
pages.
Offers Incentives (monetary
or point-based) to users to click on Onlygowns.com links or ads.
Offer sales or promote of
certain weapons, such as firearms, ammunition, balisongs, butterfly
knives,
and brass knuckles.
If we reject your
application, you are welcome to reapply to the Program at any time.
You should also note that if we accept your application and your
site is thereafter determined (at our sole discretion) to be
unsuitable for the Program, we may terminate this agreement at any
time.
2. Links on Your Site
Once you have been notified that your site has been accepted
into the Program, you may provide on your site a general link to
Onlygowns.com home page at http://www.onlygowns.com. We will also
provide you with guidelines as well as banners and text links to be
used for linking to our home page.
To permit accurate tracking, reporting, and referral fee accrual, we
will provide you with affiliate login wherein you can scan through
your order details and status. You must ensure that each of the
links between your site and our site properly utilizes such link
formats. Links to our site placed on your site with regard to this
Agreement and which properly utilize such special link formats are
referred to as "Affiliate Link". You will only earn referral fees
with respect to activity on our site occurring directly through
"Affiliate Link". We will not be liable to you with respect to any
failure by you to use "Affiliate Link", including to the extent that
such failure may result in any reduction of amounts which would
otherwise be paid to you with regard to this Agreement.
IMPORTANT: Please remember that we will provide you with a
special link (referred as "Affiliate Link") to use to link your
website to Onlygowns.com. DO NOT link to http://www.onlygowns.com
and we will not be able to track referrals from your site to ours
without that special link.
3. Order Processing
We will process orders placed by customers who follow “Affiliate
Link” from your site to our site. We reserve the right to reject
orders that do not comply with any of our requirements. We will be
responsible for all aspects of order processing and service
fulfillment. Among other things, we will prepare order forms,
process payments; handle service fulfillment and customer service.
We will track sales made to customers who purchase products and
services using "Affiliate Link" from your site to our site and will
make available to you reports summarizing this sales activity. The
form, content, and frequency of the reports may vary from time to
time at our discretion.
4. Referral Fees
We will pay you (in accordance with the terms and conditions
described below) referral fees on certain sales to third parties.
For a sale to be eligible to earn a referral fee, the customer must
follow Affiliate Link from your site to our site, place an order
using our automated ordering system and remit full payment to us. We
will not, however, pay referral fees on persons who are using only
the FREE services provided by Onlygowns.com.
You may not place orders during sessions initiated through the links
on your site for your own use, for resale or commercial use of any
kind. This includes orders for customers or on behalf of customers
or orders to be used by you or your friends, relatives or Alliances
in any manner. Such purchases may result (in our sole discretion) in
the withholding of referral fees or the termination of this
Agreement. A Qualifying Product is one on the sale of which a
Partner is entitled to Qualifying Revenues.
In addition, you may not directly or indirectly offer any person or
entity any consideration or incentive (including, without
limitation, payment of money or awarding of any benefits) for using
Affiliate Link on your site to access our site (e.g., by
implementing any "rewards" program for persons or entities who use
Affiliate Link on your site to access our site). If we determine, in
our sole discretion, that you have offered any person or entity any
such consideration or incentive, we may (without limiting any other
rights or remedies available to us) withhold any referral fees
otherwise payable to you under this Agreement.
5. Referral Fee Payment
At the end of every month, we will send you funds via PayPal
(http://www.PayPal.com) subject to a minimum earned balance of
(Approx. USD 200) in your account (unless otherwise agreed to in
writing, including electronic mail). If your account balance is less
than USD 200, we'll carry it forward to the next month and send you
the funds once the balance touches USD 200.
If you do NOT wish to receive funds via PayPal, we can pay you via
wire transfer if your account balance touches US $200. A minimum
amount of USD $200 is required before payment is issued. We are
paying a banking charge of USD$25 for every wire transfer.
6. Policies and Pricing
Customers who register through this Program will be deemed to be
customers of onlygowns.com. Accordingly, all terms and conditions,
rules, policies, and operating procedures concerning member conduct,
customer service, and sales at Onlygowns 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 services sold under this Program in accordance with our own
pricing policies.
7. Responsibility for Your Site
You will be solely responsible for the development, operation,
and maintenance of your site and for all materials that appear on
your site. For example, you will be solely responsible for (this
list is not exhaustive) .
The technical operation of
your site and all related equipment.
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).
Ensuring that materials
posted on your site are not libelous or otherwise illegal.
We disclaim all liability
for these matters. Further, you will indemnify and hold us harmless
from all claims, damages, and expenses (including, without
limitation, attorneys' fees) relating to the development, operation,
maintenance, and contents of your site.
8. Term of the Agreement
The term 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, with or
without cause, by giving the other party written notice of
termination. Upon the termination of this Agreement for any reason,
you will immediately cease use of, and remove from your site, all
links to our site, and all Onlygowns.com trademarks, trade dress and
logos, and all other materials provided by or on behalf of us to you
pursuant hereto or in connection with the Program. You are only
eligible to earn referral fees on our sales of Qualifying Products
occurring during the term, and referral 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.
9. 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, 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.
10. 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.
11.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 at any time and under any circumstances the total
referral fees paid or payable to you under this Agreement.
12. Disclaimers
We make no explicit 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.
13. Independent Investigation
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
Miscellaneous
This Agreement will be governed by the laws of the country without
reference to rules governing choice of laws. Any action relating to
this Agreement must be brought in the Jurisdiction 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 rights to subsequently
enforce such provision or any other provision of this Agreement.
