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SEA-SHIELD® Affiliate Program To become and SEA-SHIELD® Affiliate you must agree to the following terms and conditions. Read the terms and conditions then acknowledge your acceptance by click Agree on Terms and Conditions Terms & Conditions This Agreement ("Agreement") comprises the complete terms and conditions that apply to an individual's or an entity's participation in the sea-shield.com Affiliate Program (" Affiliate Program") operated by SEA-SHIELD Inc. When used throughout this Agreement, "we" and "us" refer SEA-SHIELD Inc. and "you" and yours refers to the participants Website. "Website" refers to a World Wide Website which, depending on the context used in this Agreement, may refer to the sea-shield.com Website or a Website operated by the participant.
1. How to sign up for the sea-shield.com Affiliate Program Apply to participate in the Program by completing our on-line application. By completing and submitting an application, you acknowledge and agree to all the terms and conditions of this Agreement. We will evaluate your application and notify you by Email if you have, or have not been accepted into the Affiliate Program. We reserve the right, at our sole discretion, to exclude any Website that we feel is inappropriate. Websites which we consider inappropriate include, but are not limited to, Websites that contain or promote violence or sexually explicit content or products, Websites that promote illegal activities, Websites that discriminate on the basis of race, sex, age, nationality, disability, sexual orientation, religion, and Websites that violate intellectual property rights.
2. Linking to sea-shield.com You will post a link from your Website to a specific Website address ("Affiliate link") which we will supply to you upon your acceptance into the Affiliate Program. This link must conform to all standards set forth in this Agreement.
3. Order Processing We will process all orders placed by customers who follow the Affiliate Link from your Website to the sea-shield.com Website. We reserve the right to reject any orders that do not comply with any requirements that we may establish from time to time. We assume responsibility for all aspects of order processing and fulfillment including, but not limited to shipping product, processing payments, order cancellations, product returns and customer service. We will track sales made to customers who purchase our products using the Affiliate Link from your Website to our Website. To ensure that you receive appropriate credit for sales that originated from your Website, it is your responsibility to correctly install the Affiliate Link between your Website and our Website. We are not responsible for errors made on your part in using the Affiliate Link.
4. Referral Commissions We will pay you Referral Commissions for all sales which meet the following criteria: The customer must follow an Affiliate Link from your Website to the sea-shield.com Website. The customer must purchase a product or products within 30 days of the date they follow the Affiliate Link from your Website to the sea-shield.com provide that within that time the customer does not (a) click on the link of another one of our affiliates, or (b) turn off or otherwise disabled the "cookie" set when they clicked on the Affiliate Link. Also we can assign a customer to and active affiliate if affiliate is providing customer support and technical information, we evaluate this option on a case by case scenario. The customer must accept delivery of the products and remit full payment to us. Referral Commissions are considered earned on the date that the order is shipped by us. If the order is shipped in more than one shipment or on more than a single day, the Referral Commissions on that order is considered earned on the date of the last shipment of that order.
You will not be paid a Referral Commission on any item, which is returned to us by the customer for a refund. If an item is exchanged, you will be paid a Referral Commission on the exchanged item rather than the item returned.
You may purchase products through the Affiliate Links on your Website for your own use. However, you may not purchase products through the Affiliate Links on your Website for resale or commercial use of any kind; such purchases may result (at our sole discretion) in the withholding of Referral Commissions or the termination of this Agreement.
5. Referral Commission Rate Schedule You will earn Referral Commission based on the sale price of products sold through the sea-shield.com online store according to the fee schedule we establish. "Sale price" means the price shown on our Website at the time of purchase excluding shipping charges and, if applicable, sales taxes. Referral Commissions will be calculated each calendar month.
The current Referral Commission rate is from 5% to 25% on all qualifying sales. The affiliate program is not available for wholesale customers.
6. Affiliate Program Policies and Pricing Customers who buy products through the Affiliate Program will be deemed to be customers of sea-shield.com. All rules, policies, and procedures concerning customer orders, customer service, and product sales are defined exclusively by us. We reserve the right to change our products, product pricing, policies and general operating procedures at any time.
7. Affiliate Link Format Requirements You can select and use one of the approved sea-shield.com banners and the Affiliate product Link we supply. When customers click on the banner on your Website they will be forward to our store. As an alternative you may choose to link to the sea-shield.com Website by using a text link. You must use the Affiliate Link we supply you with in order to forward the customer to our store.
8. SEA-SHIELD INC. Assets All rights to the sea-shield.com Website, including but not limited to trade names, trademarks, other intellectual property rights, and the images, product photographs and descriptions contained in the sea-shield.com Website, are the exclusive property of SEA-SHIELD Inc. We grant you a non-exclusive, non-Assignable, revocable license to use the banners described in Section 7 of this Agreement solely for the purpose of identifying your Website as an Affiliate Program participant and to help you in generating product sales. You may not modify the banners or any of our images in any way without our prior express written consent. We reserve the right to revoke this limited license at any time by giving you written or email notice.
9. Responsibility for Your Website You will be solely responsible for the development, operation, and maintenance of your Website and for all materials that appear on your Website. For example, you will be solely responsible for: The technical operation of your Website and all related equipment Creating and posting product descriptions on your Website and linking those descriptions to our online catalog of products The accuracy and appropriateness of materials posted on your Website (including, among other things, all product-related materials) Ensuring that materials posted on your Website do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal, proprietary or intellectual property rights) Ensuring that materials posted on your Website are not libelous or otherwise illegal We disclaim all liability for these matters. Further, by participating in the Affiliate Program, you expressly agree that you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and content of your Website. You agree that you will not (a) take any action that could cause viewers confusion as to our relationship with you, or to the Website on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; and (b) post or serve any advertisements or promotional content around or in conjunction with the display of our Website (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 Commissions and Referral Overrides payable to you under this Agreement and/or terminate this Agreement.
10. Terms of this Agreement The terms of this Agreement will begin upon our acceptance of your 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 written or Email notice of termination. You are only eligible to earn Referral Commissions and Referral Overrides on sales of qualifying products occurring during the term of this Agreement, and commissions and overrides earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your Website, all links to our Website, and all Sea-Shield.com trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Affiliate Program. This Agreement shall automatically terminate upon filing of any petition under Bankruptcy by or against you, upon any assignment for the benefit of your creditors or upon your dissolution if you are other than an individual.
11. 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 our Website. Modifications may include, for example, changes in the scope of available Referral Commissions and Referral Overrides, commission and override 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 WEBSITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
12. Relationship of the 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 Website or otherwise, that reasonably would contradict anything in this Section.
13. Limitation of Liability We will not be liable for direct, 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 from this Agreement and the Affiliate Program shall not exceed the total Referral Commissions and Referral Overrides paid or payable to you under this Agreement.
14. Disclaimers We make no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, 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 Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
15. Independent Evaluation 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 WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. 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.
16. Miscellaneous This Agreement will be governed by the laws of the Unite State and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement or the Affiliate Program must be brought in the State Courts located in California, and you irrevocably consent to the jurisdiction of and venue in 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.