SurpriseHim Lingerie Affiliate
Affiliate Program Agreement
Please read the agreement document below before registering.
I accept these terms and wish to register.
This Agreement contains the terms and conditions that apply to a participant in the SurpriseHim.net affiliate program. As used in this agreement, "we"/"our/"us", means SurpriseHim.net and "you"/"your" means the "affiliate/applicant", "site" refers to a World Wide Web site.
To begin the enrollment process, you will submit a complete Affiliate Application form. We will evaluate your application in good faith and will notify you of your acceptance or rejection, usually within 24 hours. (you can re-apply at any time). We may reject your application if we determine, in our sole discretion, that your site is unsuitable for the Program. Unsuitable sites include, for example, sites that:
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- promote illegal activities or violate intellectual property rights
- or from applicants who we prefer not to be associated with
We grant you a non-exclusive, revocable right to use our present banners and other such images for which we grant express permission, for the purpose of identifying your site as a program participant and linking to our site. You may not modify the banners or any of our images in any way without our express permission.
We reserve all of our rights to our trade names and trademarks and all other intellectual property rights.
SPAM (unsolicited email):
We will not tolerate the sending of unsolicited bulk emails which promote, or make reference to SurpriseHim.net, or any of its associated companies, Partners, or employees. Other prohibited forms of advertising include postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, Affiliates may not advertise in any way that effectively conceals or misrepresents their identity, their domain name or their return email address.
Any Affiliate who, in our opinion, breaches this ruling will have their Affiliate status cancelled immediately and any and all outstanding commissions WILL BE FORFEITED.
Stay Safe, Don't SPAM.
We will NOT revoke affiliate status to avoid payment of owed or future commissions.
SurpriseHim.net and its associated companies operate with the strictest codes of professional conduct. Any Affiliate who brings SurpriseHim.net or its associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their Affiliate status cancelled and any outstanding commissions WILL be forfeited.
We reserve the right to reject any affiliate application if in our opinion, that person or company violates established laws or commonly held standards of decency.
An affiliate who ignores warnings to cease and desist any activities we deem negligent, inappropriate, or harmful to SurpriseHim.net and or other affiliates will be terminated.
We will be solely responsible for processing every order for our products. Customers will use our secure online ordering process. Order forms, payment processing, shipping, cancellations, returns, and related customer service are our responsibility.
All of our rules, operating procedures and policies regarding customer orders and accounts will apply to orders we receive through special links on your site. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
Every customer who buys a product through this program is deemed to be a customer of ours. You do not have the authority to make or accept any offer on our behalf. All our policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. We are not responsible for any representations made by you which contradict our policies.
** You CAN order our products for your OWN PERSONAL USE through YOUR affiliate link! (This, in effect, gives you a 10% "discount"!)
TRACKING OF SALES:
We use MYAP PRO for tracking sales to customers who follow links from your website, ensuring commissions are accurately tabulated.
Statements of your sales activity will be available to you in "realtime" with a special URL that we assign to you. Accessible 24 hours per day and 7 days per week. You may access these stats via a password and username we assign.
Only two entities may access your stats and affiliate information. That would be you, and us (SurpriseHim.net).
We will provide you with a unique identifying URL for you to link to. Each sale or referral that is generated from this URL will be attributed to you. You will have access to your own private section to check your stats in Real Time. Your links to the unique URL can be text links or banner links, or a combination of the two, at your sole discretion. If you choose banner links, you must use our banners. We will provide you with a URL of all our banners, from which you can freely choose. You may add as many links to SurpriseHim.net, or remove such links, at anytime and without prior approval from us.
** Inactive affiliates will be removed from participation in the Program. Inactive means little or no "click-throughs" via your banner/text links, as monitored via our affiliate program administrative panel, for a period of sixty (60) days. And/or, non-placement of affiliate banners/text ads. We will contact you after thirty (30) days of "inactivity". Efforts will be made to help and encourage your participation in the Program.
We will provide you with instructions on how to properly format the links. You are responsible for ensuring the links are formatted correctly. This will ensure accurate tracking of sales for credit to your account. Every effort will be made to ensure that our site is functional and available for customers referred to our site through your "affiliate link".
We have NO responsibilities with regard to your site. SurpriseHim.net shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program. In addition, SurpriseHim.net's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed total referral fees paid or payable to the affiliate under this agreement.
COMMISSION AND PAYMENT:
We will pay you 10% of any and all purchases made by a customer referred by your "affiliate link" through our banners or text links (Not including any applicable sales tax and shipping charge).
Minimum amount for payment is twenty five U.S. dollars ($25). Any amount under this will be held in your account until the minimum for pay out is reached. (this is ongoing)
Payment will be made in the form of a company check from us (SurpriseHim.net), paid in US dollars. Checks will be mailed within 60 days of the first of the month for the prior month's sales. For example, commissions for sales made during May will be sent out on or before the 31th of July. This will allow for our 30 day return policy and time to check for any chargeback transaction. We are not responsible for paying interest to Affiliates for accrued but not yet delivered Commission payments.
Payment will be made out to you and mailed, via U.S. postal mail, to the address you provide at sign-up. (you will be able to modify your address and contact info via your private affiliate area)
Any "refunds" to a customer, referred through your "affiliate link", will be deducted from your commission/s before you are paid. (The majority of customers gladly accept replacement of products.) Charge backs, if any, will be deducted from your "credited" commissions. Only affiliates who are approved by Us at the time of receipt of a customer offer(s) will be eligible for payment under this Agreement.
TERM OF THE AGREEMENT:
The term of this agreement will begin upon our acceptance of your affiliate program application and your placement of our banner or textual link on your site 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 notice of termination. This will be in the form of "email". You can only earn referral fees on sales occurring during the term. We will never withhold any payment due. Payment of monies owed you will be payable on the same schedule as stated above for commission payment. Upon termination of this agreement, the former Affiliate must remove all Affiliate links and graphics from its web site, and refrain from publishing same in any manner whatsoever.
INCOME TAX LIABILITY:
As an independent contractor, you will be solely and entirely responsible for any and all taxes and/or other fees or obligations associated with the receipt of your payment under this Agreement.
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. 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.
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 to this Agreement.
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.
This Agreement will be governed by the laws of the United States and the State of California, 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 Fullerton, California, 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.
RELATIONSHIP OF 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 written here.
CONFLICTS AND DISPUTES:
As with any program, a conflict or dispute may occasionally arise due to tracking, orders, commission calculation, performance issues and appeals regarding "termination for cause". Below is outlined who to contact and how to handle any such situation.
- If a concern should arise, send an email stating your full name, your affiliate ID, your address and state the specifics of your concern. Include any dates or numbers that apply. We will investigate immediately and will reply as soon as possible.
- Though we will be more than willing to settle the dispute in as fair a manner as possible we realize this situation may arise. In this case we will be open to mediation or arbitration to settle the matter.
- We have NOT pre-selected a mediator or arbitrator. Should one be needed we will select a non-biased, third party moderator.
P.O. Box 4732
Diamond Bar, CA 91765-0732
SPYWARE AND OTHER PARASITES: Any affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of MERCHANT and/or its partner sites) is subject to punitive actions by MERCHANT, without notice, including but not limited to: suspension of affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate's suspected malfeasance. MERCHANT encourages affiliates to report suspicions of such relationships; and, should substantial proof, as judged by MERCHANT, be provided, MERCHANT reserves the right to assign a value equal to unpaid monies earned by the offending affiliate (or a part thereof) to the reporting affiliate as a bounty.
It's pretty simple... We ONLY use the information you submit to maintain your account. That is, to make your commission payments and to communicate changes in OUR product offerings. We will NOT email you with any other company's products... period! We WILL notify you of new banners and or text links to facilitate promotion of SurpriseHim.net. We Do Not Now nor Will We in the future, Sell, Rent or otherwise make your personal information available to anyone!
This concludes the agreement. Thank you for taking the time to read it carefully. We look forward to working with you, our Valued Affiliates! By signing up for our affiliate program, you are in effect, agreeing to the above "affiliate agreement".
I accept these terms and wish to register.
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