Affiliate
Agreement
Please read the
Terms and Conditions below.
1.
Term of the Agreements
The term of this Agreement will begin upon our acceptance of
your Affiliate 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
written notice of termination. You are only eligible to earn
referral fees on sales occurring during the term.
2.
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. 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.
3. Order Processing
We will process Product orders placed by customers who follow
Special Links from your site to our site. We reserve the right
to reject orders that do not comply with any requirements that
we may establish periodically. We will be responsible for all
aspects of order processing and fulfillment. Among other things,
we will prepare order forms, process payments, cancellations,
and returns, and handle customer service. We will track sales
made to customers who purchase Products by using Special Links
from your site to our site and will make available to you
reports summarizing this sales activity. The form, content, and
frequency of the reports may vary from time to time in our
discretion.
4. Referral Fees
We will pay you (in accordance with Sections 5 and 6 below.)
referral fees on Product sales to third parties. For a Product
sale to be eligible to earn a referral fee, the customer must
click-through a Special Link from your site to our site, and add
the Product to his or her shopping cart during a session. The
session ends upon one of the following events: (a) 24 hours
elapses from the customer's initial click-through, (b) the
customer orders the Product, or (c) the customer follows a third
party's Special Link. We will only pay referral fees on such
Products after order, payment and shipping have occurred.
In addition, you may not: (a) directly or indirectly offer any
person or entity any consideration or incentive (including,
without limitation, payment of money (including any rebate.), or
granting of any discount or other benefit.) for using Special
Links on your site to access our site (e.g., by implementing any
"rewards" program for persons or entities who use Special Links
on your site to access our site.) (b) post any Special Links on
any Web site or other platform that is accessible through any
Internet Access Appliance; (c) read, intercept, record,
redirect, interpret, or fill in the contents of any electronic
form or other materials submitted to us by any person or entity;
(d) in any way modify, redirect, suppress, or substitute the
operation of any button, link, or other interactive feature of
our site; (e) make any orders or engage in other transactions of
any kind on our site on behalf of any third party, or authorize,
assist, or encourage any other person or entity to do so; (f)
take any action that could reasonably cause any customer
confusion as to our relationship with you, or as to the site on
which any functions or transactions (e.g., search, order,
browse, and so on.) are occurring; or (g) post or serve any
advertisements or promotional content around or in conjunction
with the display of our site (e.g., through any "framing"
technique or technology or pop-up windows.), or assist,
authorize, or encourage any third party to take any such action.
If we determine, in our sole discretion, that you have engaged
in any of the foregoing activities, we may (without limiting any
other rights or remedies available to us.) withhold any referral
fees otherwise payable to you under this Agreement and/or
terminate this Agreement.
5. Referral Fee Schedule
You will earn referral fees based on Qualifying Sales according
to referral fee schedules to be established by us. "Qualifying
Sales" are revenues derived by us from our sales of Products,
excluding costs for shipping, handling, taxes, service charges,
credit card processing fees, and returns. The current referral
fee schedule is:
12% of Qualifying Sales from each successfully placed order
using Special Links from your site to our site and 3% for 2nd
tier affiliates you produce.
6. Referral Fee Payment
We will pay you referral fees on a monthly basis. Approximately
7 days following the end of each calendar quarter, we will send
you a check for the referral fees earned. However, if the
referral fees payable to you for any calendar month are less
than $75.00, we will hold payment until the total amount due is
at least $75.00 or (if earlier) until this Agreement is
terminated. In calculating referral fees, we will deduct the
corresponding referral fee from your next monthly payment if a
Product that generated a referral fee is returned by the
customer, or if a order that generated a referral fee resulted
in a chargeback.
7. Policies and Pricing
Customers who buy products through this Program will be deemed
to be customers of MacaPeru.com. Accordingly, all MacaPeru.com
rules, policies, and operating procedures concerning customer
orders, customer service, and product sales will apply to those
customers. We may change our policies and operating procedures
at any time. For example, we will determine the prices to be
charged for products sold under this Program in accordance with
our own pricing policies. Product prices and availability may
vary from time to time.
8.
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.
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