This Agreement describes the complete terms and
conditions that apply to an individual's or an entity's participation in Alldogboots.com affiliate program operated by Alldogboots.com through Volusion. When used throughout this Agreement,
"we" and "us" refer to Alldogboots.com. and "you" refers to the
applicant. "Site" refers to a specific URL or World Wide Web site which,
depending on the context used in this Agreement, may refer to a site operated by the applicant.
1. How to enroll in the Alldogboots.com Affiliate Program
You apply to participate in
the Program by completing our application. By completing and submitting
an application, you acknowledge and agree to all the terms of this
Agreement. We will evaluate your application and notify you by email if
you have or have not been accepted into the Program. We reserve the
right, at our sole discretion, to exclude any site that we feel is
inappropriate. Sites which we consider inappropriate include, but are
not limited to, sites that contain or promote violence or sexually
explicit content or products, sites that promote illegal activities,
sites that discriminate on the basis of race, sex, age, nationality,
disability, sexual orientation or religion, and sites that violate
intellectual property rights.
2. Linking to Alldogboots.com site
You
will provide a link on your site to a specific web site address (the
"special link" code) which we will supply to you upon your acceptance in
the Program. This link must conform to all the standards set forth in
this Agreement.
3. Order Processing
We
will process all product orders placed by customers who follow the
special link from your site to the Alldogboots.com site. We
reserve the right to reject orders that do not comply with any
requirements that we may establish periodically. We will be responsible
for all aspects of order processing and fulfillment including, but not
limited to, processing payments, order cancellations, product returns
and customer service. We will track sales made to customers who purchase
products using the special link from your site to our site. To ensure
that you receive appropriate credit for sales that originated from your
site, it is your responsibility to correctly implement the special link
between your site and our site. We are not responsible for errors made
on your part in using the special link.
4. Referral Fees
We will
pay you a referral fee for all sales that meet all of the following
criteria:
• The customer clicks the link from your site to the Alldogboots.com site.
• The customer must purchase a product or
products within 30 days of the date they follow the special link from
your site to the alldogboots.com and within that time the customer does
not (a) click on the link of another one of our affiliates, or (b) turn
off or otherwise disabled the "cookie" set when they clicked on the
special link.
• The customer must accept delivery of the product and
remit full payment to us.
Referral fees are considered earned when
the order is shipped from our warehouse. If the order is shipped in more than one shipment on more
than a single day, the referral fee will be paid according to the ship
dates of the products.
You will not be paid a referral fee on any
item that is returned to us by the customer or if returned in a
subsequent period, the original referral will be deducted from the
subsequent referral commission check.
You may purchase products
during sessions initiated through the links on your site for your own
use. However, you may not purchase products during sessions initiated
through the links on your site for resale or commercial use of any kind;
such purchases may result (in our sole discretion) in the withholding
of referral fees or the termination of this Agreement. You may not purchase products through your affiliate link and use another coupon code as well. One discount per customer.
Alldogboots.com affiliates receive payment by the 30th of every month for the commission earned between the first and the last day of the previous calendar month. Payments of commissions shall be made directly to you as per your preferred payment method elected by you as part of your application process. Should your commissions exceed $600 throughout the year, you will be required to fill out a W9 form which can be found here: IRS W9 Form
5. Program Policies and Pricing
Those
customers who buy products through the Affiliate Program will be deemed
to be customers of Alldogboots.com. Therefore, all rules, policies, and
operating procedures concerning customer orders, customer service, and
product sales are defined exclusively by Alldogboots.com. We reserve the
right to change our product pricing, policies and general operating
procedures at any time.
6. Link Format Requirements
You
can use any of our approved Alldogboots.com banners or logos we provide.
When users click on this banner/logo, you must have linked to use with
the code we supply you with to forward the customer to our store. You
may also choose to link to the alldogboots.com web site by using a text
link, but be sure to use the code we supply you with to forward the
customer to our store.
7. Keywords, Pay Per Click Advertising
You shall not purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the word "Alldogboots" or "Alldogboots.com" or certain variations and misspellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service.
8. 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:
• The technical
operation of your site and all related equipment
• Creating and
posting product descriptions on your site and linking those descriptions
to our online catalog of products
• The accuracy and
appropriateness of materials posted on your site (including, among other
things, all product-related materials)
• 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, proprietary or intellectual property rights)
• Ensuring
that materials posted on your site are not libelous or otherwise
illegal
We disclaim all liability for these matters. Further, by
participating in our Affiliate Program, you expressly agree that you
will indemnify Alldogboots.com 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.
You agree that you will not (a) take any action that could
reasonably cause any customer confusion as to our relationship with you,
or as to the site on which any functions or transactions (e.g., search,
order, browse, and so on) are occurring; and (b) post or serve any
advertisements or promotional content around or in conjunction with the
display of our site (e.g., through any "framing" technique or technology
or pop-up windows), or assist, authorize, or encourage any third party
to take any such action. If we determine, in our sole discretion, that
you have engaged in any of the foregoing activities, we may (without
limiting any other rights or remedies available to us) withhold any
referral fees otherwise payable to you under this Agreement and/or
terminate this Agreement.
9. Terms of this Agreement
The
terms 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 or email notice of termination. You are
only eligible to earn referral fees on sales of qualifying products
occurring during the term of this Agreement, and 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. 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 Alldogboots.com trademarks, banners and logos, and all other materials
provided by or on behalf of us to you pursuant hereto or in connection
with the Affiliate Program. This Agreement shall automatically terminate
upon filing of any petition under the Bankruptcy Code by or against
you, upon any assignment for the benefit of your creditors, or upon your
dissolution if you are other than an individual.
10.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, 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.
11. Relationship of the 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.
12. 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
from this Agreement and the Affiliate Program shall not exceed the total
referral fees paid or payable to you under this Agreement.
13. Disclaimers
We make no
express or implied warranties or representations with respect to the
Program or any products sold through the Program (including, without
limitation, 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.
14. Independent InvestigationYOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. 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.