Affiliate Terms of Service
This Agreement contains the complete terms and conditions that apply to your participation as a member of the composimold.com Affiliate Program.
1. Enrollment in this Program.
To begin the enrollment process, you will submit a completed Program Application. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine in our sole discretion that your site is unsuitable for the Program for any reason.
2. Utilizing Links on Your Site.
As an affiliate of ComposiMold you may use the promotional material available. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder.
We will pay you a commission based on
the below structure: Commision Rates:
You must generate $20 or more in commission
to receive payment. When a customer that clicked on your affiliate link orders
on composimoldstore.com, you will receive 10% of the amount of the purchase.
4. Commission Payment.
Commissions due and owed to you will
be paid to you through PayPal. No commission will be paid for signups by you,
your household, or anyone within your organization. Commissions can be earned
per each new client referred through the unique affiliate link. An existing
customer, defined by any client who has had an existing account with us at any
time in the past, would not be eligible for a commission with the program.
5. 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. We shall have no responsibility for the
development, operation and maintenance of your site and for all materials that
appear on your site. We will immediately terminate your participation in the
Program if we believe you have engaged in any of the following:- Unsolicited
mass e-mail solicitations, IRC postings or any other form of spamming,
including but not limited to, newsgroups or AOL customers or otherwise violate
the anti-spamming policies of state law;
- Provide inaccurate or incomplete information to ComposiMold concerning your
identity, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions of our sites or your
- Engage in popup advertisement network activities;
6. Minimum Payment Threshold.
Affiliates must earn a
minimum affiliate account balance of $20 or more before their account is
eligible for payment. Commission amounts earned for less than $20 (for example,
1 sale for $10) will remain pending until the full $20 minimum balance has been
earned. All sales still pending due to the minimum payment threshold must
remain active and in good standing according to our TOS requirements in order
to be eligible for payment.
7. Term of the Agreements.
The term of this
Agreement will begin upon your acceptance of the Affiliate 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
notice of termination. Notice by e-mail, to your e-mail address on our records,
is considered sufficient notice for to terminate this Agreement. If this Agreement
is terminated because you have violated the terms of this Agreement you are not
eligible to receive any commissions payments, even for commissions earned prior
to the date of termination. If this Agreement is terminated for any other
reason, you are only eligible to earn a commission on sales occurring during
the term of the Agreement, and commissions earned through the date of
termination will remain payable only if the related orders are not canceled or
returned. We reserve the right to withhold your final payment for a reasonable
time to ensure that the correct amount is paid.
We may modify any of
the terms and conditions contained in this Agreement, at any time and in our
sole discretion without notice.
9. Relationship of Parties.
You and ComposiMold
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. You are not an agent of the ComposiMold and ComposiMold
expressly disclaims responsibility for any conduct by you in violation of our
terms of agreement.
10. 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 Affiliate
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
Affiliate Program will not exceed the total commissions paid or payable to you
under this Agreement.
We make no express or
implied warranties or representations with respect to the Affiliate Program or
any COMPANY services or other items sold through the Program. 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
You hereby agree to
indemnify, defend and hold harmless ComposiMold, officers, directors,
employees, agents, affiliates, successors and assigns, from and against any and
all claims, losses, liabilities, damages or expense (including attorneys' fees
and costs) of any nature whatsoever incurred or suffered by us (collectively
the "Losses"), in so far as such Losses (or actions in respect
thereof) arise out of or are based on (i) any claim or threatened claim that
our use of the Affiliate Trademarks infringes on the rights of any third party;
(ii) the breach of any promise, covenant, representation or warranty made by
you herein; or (iii) or any claim related to your site.
13. Binding Arbitration.
participating in this affiliate program, you agree to binding arbitration for
any disputes or claims that arise against ComposiMold or its subsidiaries in
conjunction with this program. An arbitration firm selected by ComposiMold will
be the sole and final arbitrator for any and all disputes or claims related or
resulting from participation in this program. All decisions rendered are final.
You also are responsible for any and all costs related to such arbitration.