This Agreement contains the terms and
conditions that apply to an individual or entity’s participation in the
SpiritCAST Online Affiliate Program. As used in this Agreement, "we"
means SpiritCAST and "you" means
the participant.
SpiritCAST reserves the right to accept or reject any
company requesting to be part of our Affiliate Program.
Commissions
We will pay commissions on orders that are placed on our website on a
click through from your site. Commissions will only be paid after
an order is fully processed and paid. You will earn 10% on all referral
sales of the total qualifying revenue, which excludes costs for
shipping, handling, returns and bad debt. Any customer returned products
will be deducted from the next check. Checks will be sent out quarterly,
unless the total of the commissions is less than $35.00, in which case
the commission will roll over and will be paid at the end of the
following quarter when total commission reaches at least $35.00.
Linking
We will provide you with the procedures and links to use in linking to
our Site. To ensure accurate tracking, reporting and commission accrual,
we will provide you with special tagged link formats to be used in all
links between your site and our site. You must make sure these links are
properly utilized. We will not be held liable for any failure by you to
use the Trail Resources links.
Use of Materials
We grant you permission to use the graphic images and text solely for
the purpose of identifying your site as a Program participant and to
assist in generating sales. We reserve all rights to any graphic image
and text, or any other images, our trade name and trademark.
Order Processing, Policies and Pricing
We will be responsible for all aspects of order processing and
fulfillment. We reserve the right to reject any order that does not
comply with our requirements. Customers who purchase products through
this Program will be deemed to be customers of SpiritCAST. All
rules, policies, customer service and product sales will apply to those
customers. We may change our policies and procedures at anytime and
prices and availability may vary.
Terms of the Agreement
We may modify any of the terms and conditions of this Agreement, at any
time by providing you a written change notice or new agreement. If any
modification is unacceptable to you, your only recourse is to terminate
this Agreement. Your continued participation in the Program following
our provision of a change or new Agreement will constitute acceptance of
the change.
Either party may terminate this Agreement at any time, with or
without cause, by giving the other party written notice of termination.
If this Agreement is terminated, you will immediately cease use of, and
remove from your site, all links to our site, and all of SpiritCAST
trademarks, trade dress, logos, and all other materials provided by or
on behalf of us to you in connection with the Program. All commissions
earned through the date of termination will remain payable only if the
related orders are not cancelled or returned. We may hold your final
payment for a reasonable time to ensure the correct amount is paid.
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. Furthermore, our aggregate liability
arising with respect to this Agreement and the Program will not exceed
the total commissions paid or payable to you under this Agreement.
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, warranties of fitness, merchantability,
noninfringement, 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. Neither party shall be liable to fulfill its
obligations hereunder, or for delays in performance, due to causes
beyond its reasonable control, including, but not limited to, acts of
God, acts or omissions of civil or military authority, fires, strikes,
floods, epidemics, riots or acts of war.
Miscellaneous
This Agreement will be governed by the laws of the United States and the
State of Georgia. Any action relating to this Agreement must be brought
in the federal or state courts located in Atlanta, Georgia, and you
consent irrevocably 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.
