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Please read these terms
and conditions carefully as they constitute a legal agreement
between you and our company upon your acceptance into our affiliate
program. By applying to and being accepted into our affiliate
program, you agree to be bound by all of the terms and conditions
set forth in this agreement relative to your participation in
the affiliate program.
Affiliate Program Enrollment:
To become a participant in Horses123.com's Affiliate Program,
you will have to submit a complete Affiliate Program Application.
We will evaluate your application and notify you of your acceptance.
We may reject your application if we determine, in our sole discretion,
that your Web site is not suitable for the Affiliate Program for
any reason, including, but not limited to, inclusion of content
that is in any way unlawful, harmful, threatening, defamatory,
obscene, harassing, or racially, ethnically or otherwise objectionable,
which by way of example only, contains (i) sexually explicit,
pornographic or obscene content (whether in text or graphics),
(ii) speech or images that are offensive, profane gender, sexual
orientation, physical disability or otherwise), (iii) graphic
violence (which may include certain types of game sites), or (iv)
any unlawful behavior or conduct. If we reject your application,
you are welcome to reapply to the Affiliate Program at any time,
provided, you alter your Web site to delete all offending content.
Setting Up Links:
We will make available to you, banner advertisements, button links
and text links to our Web site ("Links"). In using the
Links, you agree that you will cooperate fully with us in order
to establish and maintain such Links. All Affiliate Web sites
shall display such graphic images prominently throughout your
Web sites as you see fit and with our consent. A Link can be modified
and/or expanded with our consent. We have the right, in our sole
discretion, to monitor your Web site at any time and from time
to time to determine if you are in compliance with the terms of
this Agreement.
Order Processing: We
will process orders placed by customers who follow the Links from
your Web site to the Horses123.com Web site. We reserve the right,
in our sole discretion, to reject orders that do not comply with
certain requirements, which we may establish from time to time.
All aspects of order processing and fulfillment, including order
entry, customer service, cancellations, returns and payment processing
will be our responsibility. We will track the amount of sales
generated by your Web site and will make this information available
to you through our Web site. To permit accurate tracking, reporting,
and fee accrual, you must ensure that the Links between your Web
site and our Web site are properly formatted. You are responsible
to inform Horses123.com of any suspected problems in the tracking
code immediately.
Commissions:
We will pay you a commission equal to fifteen (15%) percent for
all new customer purchases (tax & shipping/handling charges
excluded), utilizing the Links between your Web site and ours,
for products which we deliver to such customer and for which we
have received full payment.
For a sale to generate
a commission, the customer must follow the Link from your Web
site to our Web site, purchase the product in question using our
online ordering system, accept delivery of the product at the
shipping destination, and remit full payment to us. However, no
commission will be paid for orders that are refunded, not paid
for, undeliverable or payment for which is credited to any customer.
Horses123.com shall set
the price of all products at its sole discretion.
Products referred to
in this agreement, refer to products available directly through
Horses123.com.
Payments:
We will pay your commission on a monthly basis. Within approximately
30 days following the end of each month, we will send you a check
for the commission earned on the products shipped during the preceding
month. If the commission payable to you for any month is less
than twenty-five ($25.00) U.S. dollars, we will hold those commissions
until such time as your commission earned equals at least twenty-five
($25.00) U.S. dollars. If a product sale that generated commission
is refunded by the customer, we will deduct the corresponding
commission from your next monthly payment. We reserve the right
to remit payments to you electronically, in our sole discretion.
Fraud:
Horses123.com also retains the right to review all commissions
for possible fraud. Any incidence of fraud constitutes a breach
of this Agreement, and Horses123.com retains full authority to
terminate this Agreement immediately.
Non-Exclusive:
This is a non-exclusive agreement as to Horses123.com and Affiliate.
Both parties may enter into similar agreements with other parties.
Termination:
Either Party may terminate this agreement with 30 days written
notice to the other party. The agreement may be terminated sooner
by Horses123.com in the event of any breach by Affiliate.
Governing Law:
This Agreement shall be subject to and construed according to
the laws of the State of Georgia.
Validity:
In the event that any one or more of the provisions of this Agreement
shall for any reason be held to be invalid, such invalidity shall
not affect any other provision of this Agreement.
Interruption of Service:
Although Horses123.com will try to keep the service operational
at all times, a certain amount of downtime and interruption of
service is always possible and inevitable. Horses123.com is not
responsible for any interruption of the service and Affiliate
agrees not to hold Horses123.com liable for any consequences of
interruption of any service.
Entire Agreement: This
Agreement contains the entire agreement of the parties and no
oral statements or prior agreements shall have any force and effect.
Horses123.com may modify the terms of this agreement in writing
by giving 10 days written notice to Affiliate.
It is expressly understood
that this Agreement in no way guarantees a sale from the site.
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