Affiliate Agreement
To be an authorized affiliate of
CrystalShades.com, you
agree to abide by the terms and
conditions contained in this
agreement.
Please read this agreement
carefully before registering and
using the
CrystalShades.com service
as an affiliate. By signing up
for the CrystalShades.com
affiliate program, you indicate
your acceptance of this
agreement and its terms and
conditions.
The following terms and
conditions shall govern your
participation in the
CrystalShades.com
Affiliate Program. This
Agreement is entered into by and
between you ("you"), the
Affiliate, and
CrystalShades.com
("we," "us" or "our"), which is
a company that only operates the
retail commerce sites on the
Worldwide Web at www.CrystalShades.com ("CrystalShades.com"). By
clicking on the "I AGREE"
button, you agree to be bound by
all of the terms and conditions
contained in this
CrystalShades.com
Affiliate Program Agreement
("Agreement"). This Agreement
supersedes any and all prior and
contemporaneous agreements
whether oral or written by and
between you and us with respect
to any and all
CrystalShades.com
Affiliate Program(s). We will
e-mail a copy of this Agreement
to you after you have completed
the registration process and
have been approved.
1. LINKING YOUR SITE WITH
CrystalShades.com
a. We will provide you with a
merchant ID number, graphics,
text ads and text links examples
and instructions on how to link
your site to
CrystalShades.com,
utilizing your merchant ID
number (the "Link(s)").
b. You will place
CrystalShades.com text
links/text ads on your web site
and create links to
CrystalShades.com so you
can offer
CrystalShades.com products
for sale to visitors to your web
site. You may create as many or
as few links as you desire. We
encourage (but do not require)
you to include a link to the
CrystalShades.com home
page. You will be solely
responsible for the placement of
the links and the appearance of
your web site, and you will be
solely responsible for the
ongoing maintenance of the text
ads and text links.
c. All links that you, the
affiliate, wish to receive
credit for must modified only
within your Account Management
page.
You can adjust the size and the
color of our text ads to fit the
look of your Website.
Please copy and paste the html,
exactly as it has been
generated, and do not attempt to
modify it in anyway. Otherwise,
CrystalShades.com may not
be able to track your order(s)
and we will not be responsible
for any sales that may be lost.
2. ORDER PROCESSING
a. We possess the sole right and
responsibility to process
product orders placed by
customers (the "Customers") who
access CrystalShades.com
via the Links(s) in the
session(s) commenced with their
arrival at CrystalShades.com (the
"Orders"), including, but not
limited to, handling customer
payments, packing and shipping
customer orders, and customer
service.
b. Orders will be governed by
our then-applicable terms and
conditions of sale, and all
agreements relating to such
terms and conditions will be by
and between the Customer and us.
Those terms and conditions may
be changed at any time for any
reason, without notice to you.
Selling prices for the products
will be set by us at our sole
discretion, and may be changed
at any time. We may refuse an
order for any reason or for no
reason at all.
3. ADVERTISING FEE
a. As payment for our
advertisement on your web site,
you will receive a 5-15 % fee
(depending on your sales level)
based on the Net Selling Price
of the item(s) shipped on an
Order received from your URL and
shipped by us ("Fee"). The Net
Selling Price is the unit price
paid for the Order(s) by the
Customer not including and less
any charges or costs for
shipping, returns,
taxes, service charges, or other
charges incurred by the
Customer. If the customer
returns an item for which you
were paid a fee, your future
fees will be reduced based on
the fees credited or paid for
the returned item(s).
b. The commissions will be
credited to your Account, 3-5
business days after the Order is
received by the customer.
You could check this information
anytime at:
http://www.crystalshades.com/Designer_Sunglasses/affiliate_program/login.php
c. Payments will be made the 1st
of each month, for the previous
month for all fees in excess of
$1.00. In the event fees are
less than $1.00, your payment
will be carried forward to the
next pay period until such time
as the payments are in excess of
$1.00.
d.
Your referrals will be tracked
for 2 years unless the
cookies were
deleted/modified by user. If
PC users delete
or modify their cookies,
CrystalShades.com is not
responsible of lost commissions.
f. You must understand and agree
that you are acting as an
independent contractor and as
such will be responsible for
your own Income Taxes and any
other tax liabilities that
affect the sales of our products
in your state. In order to
comply with IRS regulations, you
will be asked to provide us with
your social security number or
taxpayer identification number
and address.
4. ANTI SPAM POLICY
You are strictly prohibited from
sending unsolicited and
unauthorized e-mails of any
kind. In case the
CrystalShades.com suspects
that the affiliate is involved
in spam activity, the result is
termination of the account and
possible forfeit of all
earnings. Additionally we will
pursue legal actions against any
person violating our terms and
conditions.
5. COPYRIGHTED Materials AND
LIMITED LICENSE
a. All materials, including but
not limited to, reviews,
articles, ad banners,
photographs, images,
illustrations, music, sounds,
images, databases and software,
appearing on
CrystalShades.com (the
"Content") are protected by
patent, copyright, trade dress,
trademark and unfair competition
law pursuant to U.S. (federal
and state) and/or foreign
patent, copyright, trademark and
unfair competition laws and/or
international treaties or
conventions. Except as set forth
in this Section 4, you may not
use, transmit, distribute, sell,
reproduce or otherwise copy any
of the Content without express
written authorization from the
copyright and/or trademark owner
of such materials.
b. We reserve all right, title
and interest in our web sites
and all content therein,
including without limitation,
all intellectual property
rights. We do not grant you,
your employees, agents or
assigns, any right or license in
or to our web sites, Content or
trademarks or service marks.
6. RESPONSIBILITY FOR YOUR WEB
SITE
You will be solely responsible
for the development, operation,
and maintenance of your site and
for all materials that appear on
your site. We expressly disclaim
any and all liability for these
matters. Furthermore, you hereby
agree to indemnify and hold us
harmless from all claims,
damages and expenses (including
without limitation, attorneys'
fees) relating to the
development, operation,
maintenance and content of your
site.
7. REPRESENTATIONS AND
WARRANTIES; INDEMNIFICATION
a. You represent and warrant
that any material which is
provided by you and displayed on
your web site will not: (I)
infringe any third party's
copyright, patent, trademark,
trade secret or other
proprietary rights or right of
publicity or privacy; (ii)
violate any applicable law,
statute, ordinance or
regulation; (iii) be defamatory
or libelous; (iv) be obscene;
(v) violate any laws regarding
unfair competition,
anti-discrimination or false
advertising; (vi) promote
violence or contain hate speech;
or (vii) contain viruses, trojan
horses, worms, time bombs,
cancelbots or other similar
harmful or deleterious
programming routines.
b. You represent and warrant
that you have used your true
legal name in registering for
the CrystalShades.com
Affiliate Program; that you have
the power and authority to enter
into this Agreement and perform
the obligations set forth herein
and that, if you are a natural
person, you are an adult of at
least eighteen (18) years of
age. c. You shall indemnify and
hold harmless CrystalShades.com and its
parent companies, subsidiaries
and Affiliates, and its
respective directors, officers,
employees, agents, shareholders
and partners, against any and
all claims, actions, demands,
liabilities, losses, damages,
judgments, settlements, costs
and expenses (including, without
limitation, reasonable
attorneys' fees) arising out of
or related to any obligation
undertaken or representation or
warranty made by you, your
employees, agents or assigns; or
any breach by you, your
employees, agents or assigns of
any covenant or agreement made
herein; or any content,
trademark, copyright or
intellectual property used,
created or distributed by you,
your employees, agents or
assigns.
8. DISCLAIMER OF WARRANTY
THE CRYSTALSHADES.COM
AFFILIATE PROGRAM,
CRYSTALSHADES.COM ARE
PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR
PURPOSE. IN ADDITION, WE MAKE NO
REPRESENTATION THAT THE
OPERATION OF THE
CRYSTALSHADES.COM
AFFILIATE PROGRAM OR
CRYSTALSHADES.COM WILL BE
UNINTERRUPTED OR ERROR-FREE, AND
WE WILL NOT BE LIABLE FOR THE
CONSEQUENCES OF ANY
INTERRUPTIONS OR ERRORS. By
executing this Agreement you
acknowledge and expressly agree
to and accept this Disclaimer of
Warranty.
9. LIMITATION OF LIABILITY
EXCEPT FOR COMMISSIONS DUE AND
OWING TO YOU, IN NO EVENT SHALL
WE BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, SPECIAL,
EXEMPLARY, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, WHETHER SUCH
DAMAGES ARE ALLEGED IN TORT,
CONTRACT OR INDEMNITY, ARISING
OUT OF THE USE OF OR INABILITY
TO USE OR LINK
CRYSTALSHADES.COM, LOSS OF
PROFITS, REVENUE OR DATA, EVEN
IF WE ARE INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. IN
THE EVENT THAT ANY PART OF THIS
SECTION 9 SHALL BE HELD
UNENFORCEABLE OR INVALID UNDER
THE LAWS OF AN APPLICABLE
JURISDICTION, THE REMAINING
PARTS HEREOF SHALL NEVERTHELESS
CONTINUE TO BE VALID AND
ENFORCEABLE AS THOUGH THE
OFFENDING PORTIONS HAD NOT BEEN
A PART HEREOF. IN ADDITION, IF
THE LIMITATIONS ON WARRANTY OR
LIABILITY THEREUNDER ARE HELD TO
BE UNENFORCEABLE UNDER THE LAWS
OF AN APPLICABLE JURISDICTION,
SUCH LIMITATION SHALL, FOR
PURPOSES OF THIS SECTION 9, BE
REDUCED SUCH THAT OUR LIABILITY
SHALL NOT EXCEED THE AMOUNT PAID
BY THE CLAIMANT TO US WITHIN SIX
(6) MONTHS PRECEDING THE DATE ON
WHICH ANY CLAIM IS ORIGINALLY
MADE, OR SHALL BE REDUCED TO THE
EXTENT NECESSARY TO RENDER THEM
ENFORCEABLE
10. TERMINATION
a. You may terminate this
Agreement at any time by sending
notice to us via e-mail to
admin[at]crystalshades.com.
You will be credited with all
Commissions earned through the
date of termination.
b. We may, in our sole
discretion, terminate this
Agreement at any time for any
reason(s), whatsoever, or for no
reason at all, including,
without limitation, your breach
of this Agreement.
11. RELATIONSHIP OF PARTIES
a. Nothing contained in this
Agreement shall be deemed or
construed as creating a joint
venture or partnership between
you and us. Neither party, by
virtue of this Agreement, is
authorized as, or shall be
deemed, an agent, employee or
representative of the other.
Neither party shall have the
power to control the activities
and operations of the other and
neither party shall act on
behalf of the other party.
Neither party shall represent to
any others that it is an agent
or representative of the other
party.b. You will not make any
statement, whether on your web
site or otherwise, that would
contradict anything in this
Section.
12. MODIFICATION
We may modify this Agreement, at
any time and at our sole
discretion, by posting a change
notice or new agreement on
CrystalShades.com .
Modifications may include, but
are not limited to, changes in
the scope of available services,
commissions, commission
schedules, payment procedures
and methods of linking to
CrystalShades.com. 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.
13. CHANGES TO
CRYSTALSHADES.COM
We reserve the right, in our
sole discretion, to discontinue
operation of
CrystalShades.com at any
time without notice to you and
to redesign or modify the
organization, structure, "look
and feel," navigation, content,
prices and any other elements of
CrystalShades.com.
14. SEVERABILITY
In the event that any of the
provisions of this Agreement
shall be held by a court or
other tribunal of competent
jurisdiction to be
unenforceable, such provisions
shall be limited or eliminated
to the minimum extent necessary
so that this Agreement shall
otherwise remain in full force
and effect and enforceable.
15. NOTICES
All notices to you will be sent
to the e-mail address provided
by you when you register for
CrystalShades.com
Affiliate Program. All notices
to us will be sent to
admin[at]crystalshades.com
16. GOVERNING LAW
This Agreement will be governed
and construed pursuant to the
laws of federal court in the
State of New Jersey applicable
to contracts entered into and
performed entirely within the
State of New Jersey, without
regard to its conflict of law
provisions. In the event of any
dispute regarding the
CrystalShades.com
Affiliate Program or any matter
related to this Agreement, you
agree that litigation shall be
in the state or federal courts
of Trenton, New Jersey. Any
process, in any action or
proceeding arising under or
relating to this Agreement, may,
among other applicable methods,
be served by delivering or
mailing the same by registered
or certified mail return receipt
requested, directed to us at:
CrystalShades
P.O. Box 955
Voorhees, NJ 08043
17. ENTIRE AGREEMENT
This agreement constitutes and
contains the entire agreement
between the parties with respect
to the subject matter hereof and
supersedes any prior
contemporaneous agreements, oral
or in writing.
Ready
to Sign-Up? Please click
here.
