This Affiliate Agreement (“Agreement”) contains the complete terms and conditions that apply to your participation as an affiliate (an “Affiliate”) in the www.winetwitsdeals.com (“WTD”) Affiliate Program.
By submitting an application to become an Affiliate, you warrant that you have read and understood the Agreement, and you agree to be bound by it. The Link to join is at the bottom of these terms.
• Definitions - Throughout this Agreement, the following definitions apply:
• "Advertising" or "Advertisements" means any and all banner advertisements, text Links or other solicitations through the Internet that promote the WTD website and contain a trackable Link to WTD
• "Link(s)" means an embedded graphic, icon or text containing a unique hypertext pointer to the URL address for WTD embedded in an Advertisement and which identifies the number of consumers that place Orders via the Advertisement.
• “Order” means a transaction with WTD whereby a Customer provides valid payment to WTD for a product on our website.
• "WTD" means the WTD Internet site that is currently located at http://www.winetwitsdeals.com and any other additional, substitute or successor site that may be designated by WTD under this Agreement.
• "Customer" means a person, with a mailing address within the United States, its territories, or possessions, who places an Order with WTD using a Link.
• Term of the Agreement - The term of this Agreement will begin upon the WTD's acceptance of your Affiliate application and will end when terminated by either party. WTD or the Affiliate may terminate this Agreement at any time, with or without cause, by declining the Affiliate within the HappyHours.com system or sending written notice respectively. Affiliates are only eligible to earn referral fees on Orders occurring during the term. As an Affiliate, you must ensure that your site does not:
• Promote sexually explicit materials.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Promote illegal activities.
• Incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
• Include "wine twits deals" or variations or misspellings thereof in its domain name.
• Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
• Purchase or bid for placement of any of WTD's trademarked company names or any variation of our trademarked names, service marks or copyrighted terms and logos.
• Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
• Utilizes Pop-Up, Pop-Under, or automatic Redirects to Link to our site. Any method that automatically plants an affiliate cookie is strictly prohibited. Any method that automatically redirects the Customer to WTD's website by execution of an affiliate Link is in violation of the Affiliate Program Agreement. The Customer must click on a WTD affiliate Link to set the Affiliate cookie.
• If we reject your application, you are encouraged to reapply to the Program at any time after your site has been modified.
• Affiliates who are terminated from the Program are forbidden to reapply at any time in the future. Any such attempts to do so will result in commissions not being issued.
• Links to Our Site - Once you have been notified that your site has been accepted as a WTD Affiliate, you may provide on your site, one or more Link(s) to our Main Home page at http://www.winetwitsdeals.com or other pages, as you deem appropriate. WTD will provide you with guidelines and graphical artwork to use in Linking to either of these web pages. To permit accurate tracking, reporting, and referral fee accrual, we will also provide you with a special Link format to be used in all Links between your site and our site. You must ensure that each of the Links between your site and our site properly utilizes this special Link format. You will only earn referral fees with respect to activity on our site occurring directly through these Links: we will not be liable to you with respect to any failure by you to use these Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
• Promotion of Our Affiliate Relationship - As an Affiliate Site, we will make available to you graphics and banners that you may display on your site. The Links will serve to identify your site as a member of our Affiliate Program and will establish a Link from your site to ours. General Links and email links will connect your site/email directly to our sales transaction area. By utilizing this Link, users of your site will be able to Order, directly from us, any products that are described or referenced on our site. We will also provide a General Link, which will connect your site to the home page of the WTD website.
• Link Placement - As an Affiliate Member of the Service, you may place and remove Merchant Links on Your site and in your email messages at your discretion. You may also state your own personal testimony regarding our website, and are encouraged to do so provided they are of a positive nature and not slanderous in any way.
• Order Processing - We will process product Orders placed by Customers who follow Links from your site to our site. We reserve the right to reject Orders that do not comply with any requirements that we periodically may establish or any orders that violate shipping or age requirements when purchasing alcoholic beverages. We will be responsible for all aspects of Order processing and fulfillment. Among other things, we will prepare Order forms, process payments, cancellations, returns and handle Customer service. Our network partner, HappyHours.com will track Orders made to Customers who purchase products using Links from your site to our site and will make available to you reports summarizing this Order activity. The form, content, and frequency of the reports may vary from time to time at the discretion of HappyHours.com. The following methods may be used to Link your site to WTD:
• General Link - You may provide a general Link on your site to our home page, either text or graphical in nature, which will be provided by WTD.
• Specific Links - You may provide Links to specific products, or category of products or any other publicly accessible page you wish.
• Customized Banner - Any banner created by your site for the purpose of Linking to WTDmust be approved by WTD and used at our discretion.
• Fee Schedule - You will earn commission fees based on the sale price of all products based on the fee schedules set forth between WTD and you. The current fee schedule is outlined by the offer you accept in your affiliate system. The commissions will be credited to your account whether it is purchased from a General Link or Customized Banner. You may also purchase products on our website for your own personal use through your Link(s) and still receive your total commissions. Commissions will be paid for every Order which occurs from a Customer who originated from your site to WTD. This includes subsequent Orders placed after the Customer accesses WTD directly as long as the affiliate cookie remains on the Customers computer.
• Fee Payment - Commissions fees will be paid on a monthly basis. Our network partner, HappyHours.com will send you a check for the cumulative commission fees earned on products that were shipped during that month and any and all other fees due to you. If the fees payable to you for any calendar month are less than $50.00, HappyHours will hold those fees until the total amount due is at least $50.00 or until this Agreement is terminated. Sales will be deemed "pending" after each sale to ensure delivery has been made, products have not been returned, and the Order is not fraudulent. Payments will be dispersed according to HappyHours.com policies.
• 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 this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. Should we change any portion of this agreement we will attempt to notify you of these changes immediately, however you are responsible to be aware of any changes that will be posted on our website. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. 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.
• OBLIGATIONS REGARDING 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. Such responsibilities include, but are not limited to, 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 and are not libelous or otherwise illegal. We disclaim all liability for all such 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.
• 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 the total referral fees paid or payable to you under this Agreement.
• Relationship of Parties - This Agreement does not create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between the Affiliate and WTD. The Affiliate and WTD are independent contractors. The Affiliate has no authority to make or accept any offers or representations on our behalf. The Affiliate is unable to make any claims that reasonably would contradict anything in this Section.
• Indemnification - The Affiliate hereby agrees to indemnify and hold harmless WTD, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
• Disclaimers - WTD makes no warranties 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). WTD makes no guarantee that the operation of our site will be uninterrupted or error-free. In such an instance we will not be liable for the consequences of any interruptions or errors.
• Limited License - We grant you a non-exclusive, non-transferable, revocable right to access our site through the Links solely in accordance with the terms of this agreement and solely in connection with such Links to use our logos, trade names, trademarks, and similar identifying material relating to us (collectively, the “licensed material"), for the sole purpose of selling products on your site for the WTD website. You may not alter, modify, or change the licensed materials in any way. You are only entitled to use the licensed materials to the extent that you are a member in good standing of the Affiliate Program. You shall not create, publish, distribute, or permit any written or broadcast any spoken material that makes reference to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.
• 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 United States and the State of New Jersey, 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 New Jersey, 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 be 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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