Affiliate/Independent Distributor Program - TERMS AND CONDITIONS
TERMS OF AGREEMENT
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the PleasuresPrincipless.com (i.e. "PP") affiliate/ Independent Distributor Program (i.e. the "Program").
1. Enrollment in the Program
The affiliate applies for enrollment in the Program by submitting the enrollment form found on the PP website. PP will evaluate the affiliate's application and notify the affiliate of the affiliate's acceptance or rejection. PP may reject the affiliate's application for any reason at its sole discretion.
2. Termination of affiliate
PP may at any time and for any reason, at its sole discretion, terminate an affiliate’s participation in the program. Such termination may be made by postal mail or email. Upon being notified of such termination, the former affiliate must immediately remove any and all PP icons and links from the affiliate's site to the PP site, and must cease making any claims of being a PP affiliate.
3. Links on The affiliate's Site
Upon acceptance into the Program, the affiliate may post n PP link or logo on the affiliate's site and a link to the PP site.
4. Referral Fee Schedule
The affiliate will earn referral fees based on Qualifying Revenues according to referral fee schedules to be established by PP. "Qualifying Revenues" are revenues derived by PP from PP's sales of Qualifying Products (any and all products currently on the PP site), excluding costs for shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, and bad debt. Products returned by customers for refunds shall not qualify for referral fees.
5. Qualifying for Referral Fees
PP will track all purchases made from its site by customers who come directly from the affiliate's site, or have come to the PP site, and have returned and made a purchase. The affiliate will receive referral fees from all such purchases as described below. PP reserves the right to reject any order from any customer for any reason, including, but not limited to the age or location of the customer. For a Product sale to be eligible to earn a referral fee, the customer must enter the PP site by way of a link from the affiliate's site, select and purchase the Product using PP's automated ordering system, accept delivery of the Product at the shipping destination, and remit full payment to PP.
6. Referral Fee Amounts
The referral fee is 15% for customers coming from the affiliate's site. PP reserves the right to change these fees upon notification by an alteration to this agreement posted on the PP site. PP reserves the right to compensate different affiliates with different referral fees. The affiliate understands that PP 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 the affiliate's site.
7. Referral Fees Credited on shipping
Referral fees will be credited to the affiliate's account only at the time the customer's credit card is charged. . If the customer returns a Product that generated a referral fee, PP will deduct the corresponding referral fee from the affiliate's account.
8. Referral Fee Payment
PP will pay the affiliate referral fees on a monthly basis. Approximately 30 days following the end of each calendar month, PP will send the affiliate a check for the referral fees earned on PP's sales of Qualifying Products that were shipped during that month, less any taxes. However, if the referral fees payable to the affiliate for any calendar month are less than $50, PP will hold those referral fees until the total amount due is at least $50 or (if earlier) until this Agreement is terminated. If the customer returns a Product that generated a referral fee, PP will deduct the corresponding referral fee from the affiliate's next monthly payment.
9. Identifying the affiliate's as a PP affiliate
PP will make available to the affiliate one or more links or icons bearing the PP logo that will enable customers to "click" and go the PP site. These icons may be changed by PP from time to time at PP's sole discretion. Because the affiliate posts a URL to the icon, which resides on a server maintained by PP, PP will be able to change icons at any time without any actions on the part of the affiliate. PP reserves all of its intellectual rights to its logo and any other graphic images or text that appears on its icons.
10. Term of the Agreement
The term of this Agreement will begin upon PP's acceptance of the affiliate's Program application and will end when terminated by either party. Either the affiliate or PP may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination by postal mail or email. Upon the termination of this Agreement for any reason, the affiliate will immediately cease use of, and remove from the affiliate's site, all links to PP's site, and all PP trademarks, logos, and all other materials provided by or on behalf of PP to the affiliate pursuant hereto or in connection with the Program. The affiliate is only eligible to earn referral fees on PP's sales of Qualifying Products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. PP may withhold the affiliate's final payment for a reasonable time to ensure that the correct amount is paid.
11. Modification of the Agreement
PP may modify any of the terms and conditions contained in this Agreement, at any time and in PP's sole discretion, by posting a change notice or a new agreement on PP's web site. Modifications may include, but not be limited to, changes in the referral fees, referral fee payment schedules, payment procedures, and Program rules. If any modification is unacceptable to the affiliate, the affiliate's only recourse is to terminate this agreement. The affiliate's continued participation in the program following PP's posting of a change notice or new agreement on PP's site will constitute binding acceptance of the change.
12. Relationship of Parties
The affiliate and PP are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The affiliate will have no authority to make or accept any offers or representations on PP's behalf. The affiliate will not make any statement, whether on the affiliate's site or otherwise, that reasonably would contradict anything in this paragraph or in this agreement as a whole.
13. Fulfillment and Customer Service
PP is responsible for receiving, processing and shipping of all orders, resolving all customer service problems including shipping, authorization of credit cards, customer questions and returns. PP is not responsible for delays in shipment: including without limitation delays caused by product availability, failure to authorize customer credit cards, or incomplete information given by the customer.
14. Sales Performance
PP is not responsible for the performance of sales from the affiliate site. Affiliates are responsible for their own equipment and software and for compliance with all laws applicable to their sites. Proper web site design and placement of links on the affiliate site is the sole responsibility of the affiliate. PP is not responsible for sales not attributed to the affiliate due to improper coding or placement of links.
15. Email Promotions and Spamming
Affiliates may not do any unsolicited e-mailings ("spamming") mentioning the PP name in any way, or featuring PP products, promotions or content.
16. Limitation of Liability
PP 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 PP has been advised of the possibility of such damages. Further, PP's aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to the affiliate under this Agreement.
PP makes 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, no infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). PP does not promise, guarantee, represent or warrant that access to the PP site will be error-free, accessible and uninterrupted at any particular time or that PP will always be able to process orders or information properly or timely. PP makes no other promises, guarantees, representations or warranties in connection with its operation of the PP site or its fulfillment or customer service functions or its products.
18. Independent Investigation
The affiliate acknowledges that the affiliate has read this agreement and agrees to all its terms and conditions. The affiliate has independently evaluated the desirability of participating in the program and is not relying on any representation, guarantee, or statement other than as set forth in this agreement.