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| You deserve a hand made original |
| -- hand crafted native sculpture, african masks & other wooden handicrafts inspired by asian legends, hindu mythology & balinese legends -- |
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Affiliate Network Agreement
This document describes the usage agreement you are bound by if you participate in the CoolTribalArts.com Affiliate Network Program. Please read this information carefully.
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the CoolTribalArts.com Affiliate Network Program (the "Program"). As used in this Agreement, "we" means CoolTribalArts.com Inc., "you" means the applicant, and "services" means business services offered by CoolTribalArts.com. "Site" means a World Wide web site and, depending on the context, refers either to CoolTribalArts.com's site or to the site that you will link to our site.
Enrolment
To begin the enrolment process, you will submit a complete Program application via our Site. We will evaluate your application in good faith and will notify you of your acceptance or rejection.
We may reject your application if we determine (in our sole discretion) that your Site is unsuitable for the Program. Unsuitable Sites include, but are not limited to, Sites that:
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Promote or contain or link to sexually explicit materials.
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Promote violence.
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Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age promote illegal activities.
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Violate intellectual property rights or violate any local, state, federal or other law or regulation.
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Contain any libelous, defamatory or disparaging materials.
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Contain little or no original content.
Linking to CoolTribalArts.com
You may not alter product images, descriptions and/or pricing. We provide access to an HTML hyperlink generator and you must use this generator to create your links in order to meet the criteria in the operating agreement.
If you would like to use links not created by this generator, or you would like to modify the links created by the generator, you need prior written permission from CoolTribalArts.com. The generator will also provide additional linking methods, such as banners. You may not alter ad banners, logos or other content available through the link generator without written permission from CoolTribalArts.com. We can not be responsible for any lost fees as a result of incorrect placement or modification of our referral links.
Upon completion of your registration, you will be sent an acceptance e-mail with your user name and password. You can then log into our web site in order to copy and paste the appropriate HTML code into your web site.
Referral Commissions
Subject to the terms and conditions of this Agreement; you will be paid a referral commission for each sale referred from your Site or e-mail via a valid CoolTribalArts.com referral link. Affiliates are identified to our system by the referral link code for the duration of the "current user session" (which is the period of time between when the user clicks on a referral link until the time when they leave our site). No commissions will be paid on sales resulting from our eBay store or retailers.
If the user does not complete a sale during the current user session, your affiliate id will be subsequently identified to our system for a period of 60 days by a cookie placed on the user's computer; unless the user previously visited our Site directly or via another affiliate's referral link during the past 60 days. Please be aware that the user has the ability to disable and delete cookies on their computer which will prevent subsequent referral commissions being awarded from this user unless they click on your referral link again (sorry, we have no control over this).
During the term of this Agreement, your referral commissions will be equal to ten percent (10%) for monthly sales under $2,500; fifteen percent (15%) for monthly sales under $5,000 and twenty percent (20%) for monthly sales over $5,000 that have been referred from your Site, unless otherwise agreed. Referral commission amounts are calculated based on item costs only and do not include additional amounts from shipping, gift-wrapping, government taxes, or other special service charges.
CoolTribalArts.com pays approved referral commissions by cheque on a monthly basis in Canadian dollars, as long as the total commission balance in your account is greater than $50 or three consecutive months have passed. CoolTribalArts.com sends out commission cheques within the first 2 weeks of each month for payment of approved referral commissions from the previous month (or after 3 months have passed if the balance is less than $50).
Please understand that CoolTribalArts.com offers a 60-day satisfaction guarantee with all it's products, therefore commission amounts can not be approved until after this period has elapsed. Obviously, if the customer decides to return their purchase for a refund, you will not be paid your commission (fortunately, very few people actually return our items).
You can monitor your account on a daily basis by visiting https://www.CoolTribalArts.com/services.asp and signing in with your user name and password.
Identifying Yourself as an Affiliate
We will make available to you a small graphic image (the "Mark") that identifies your Site as a Program participant. You will prominently display this logo or the phrase "in association with CoolTribalArts.com" somewhere on your Site. We may modify the text or graphical image of this notice from time to time. In addition, we encourage (but do not require) you to include a link to the CoolTribalArts.com home page at www.CoolTribalArts.com.
Limited License
We grant you a non-exclusive, non-transferable, non-sub licensable, revocable right to use the Mark and such other CoolTribalArts.com logos and text for which we grant express permission, solely for the purpose of identifying your Site as a Program participant. You may not modify the Mark, the mark included in the CoolTribalArts.com Toolkit, the message, or any of our images or trademarks in any way. We reserve all of our rights in the Mark, the message, any other images, our trade names and trademarks, and all other intellectual property rights.
Except as provided here you agree that you have no rights, title or interest in or to the Mark, the message or other images, trademark or trade names provided to you by CoolTribalArts.com and all uses of such materials by you will inure to the benefit of CoolTribalArts.com. You agree not to apply for registration of any of the CoolTribalArts.com trademarks, service marks or trade names (or any mark similar there to) anywhere around the world.
You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of CoolTribalArts.com or its trademarks. We may revoke your license at any time by giving you written notice.
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. For example, you will be solely responsible for:
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The technical operation of your Site and all related equipment.
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Creating and posting merchant descriptions on your Site and linking those descriptions to our Site.
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The accuracy and appropriateness of materials posted on your Site.
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Ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).
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Ensuring that materials posted on your Site are not libelous or otherwise illegal.
We disclaim all liability for these matters. Further, you will indemnify, defend and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your Site as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement.
You acknowledge and agree that your web site information (name, URL, traffic counts, etc.) may be utilized by CoolTribalArts.com. Possible uses include (but are not limited to) lists of the busiest Sites, lists of member Sites, etc. You agree to allow CoolTribalArts.com to use screen shots of any of your web pages that contain the CoolTribalArts.com HTML code in CoolTribalArts.com promotional materials. The information provided by CoolTribalArts.com to you may be proprietary in nature. You acknowledge that you are not a competitor of CoolTribalArts.com, and agree not to share this information with any of our competitors.
ANYONE FOUND IN VIOLATION OF THESE TERMS AND CONDITIONS IS SUBJECT TO BEING BANNED FROM COOLTRIBALARTS.COM.
Terms of the Agreements
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 e-mailed notice of termination. You are only eligible to earn referral fees on sales occurring during the term of this Agreement. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Your Site is subject to periodic review. If we determine at any point after acceptance into our Program that your Site not suitable for the Program, we may unilaterally end the status of your Site as an Affiliate.
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 Site. Modifications may include, for example, changes in the scope of available referral commissions, fee schedules, payment procedures, and Program rules. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications.
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IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.
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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.
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 in this section.
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 OR THE REGISTRATION OF DOMAIN NAMES BY CUSTOMERS REFERRED TO US BY YOU, 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.
Disclaimers
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY SERVICES MADE AVAILABLE THROUGH THE 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 SITE OR THE AVAILABILITY OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Further, you will indemnify, defend and hold us harmless from all claims, damages and expenses (including, without limitation, reasonable attorneys' fees) relating to any warranties or representations made by you with respect to the Program or any services made available through the Program or through the CoolTribalArts.com Site. These obligations will survive any termination of this Agreement.
Independent Investigation
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.
Miscellaneous
This Agreement will be governed by the laws of Canada and the Province of Ontario, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal courts or province courts located in Toronto, Ontario, 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 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.
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This site replaces:
Tribal Sculpture Auctions
Affiliate Info. : Cool Tribal Arts : native eastern art, sculpture & gifts
