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eBirdseed.com Affiliate Program
Terms and Conditions
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) 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.
4) 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 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.
5) SPAM: eBirdseed.com has a zero tolerance policy for SPAM. Any Affiliate accused
of SPAMMING will be immediately suspended while the company, in their sole discretion,
determines if the validity of the SPAM complaint. Valid SPAM complaints will
result in the immediate termination of your account and forfeiture of any commissions
owed you.
6) Miscellaneous: This Agreement will be governed by the laws of the United
States and the State of North Dakota, without reference to rules governing choice
of laws. Any action relating to this Agreement must be brought in the federal
or state courts located in Fargo, North Dakota, 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 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.
Program
We shall pay you 10% of Gross Revenue for each confirmed sale in a reporting
period. Reporting periods shall be measured monthly. Only affiliates who are
approved by eBirdseed.com at the time of receipt of a customer purchase(s) will
be eligible for payment under this Agreement. Payments will be issued via check
on a monthly (calendar year) basis to each affiliate having an accrued balance
of $25.00 or greater. Balances of less that $25.00 will be credited towards
the next calendar month. Payments will be made payable to the affiliate in the
name the affiliate submits in his or her online registration, and mailed to
the mailing address provided by the affiliate.
A commission will only be credited to an affiliate after the customer has made
full payment to company. If a customer later requests a refund or a chargeback
is issued by the credit card holder whose credit card was used to pay for that
customer's account, any commissions that were credited to an affiliate will
be deducted from the next monthly payment. We will provide You with links, including
URL addresses, written copy and appropriate graphics (the Link Materials), with
which you may link your Web site to our Web site.
Tracking of Sales: We will be solely responsible for tracking sales
using special software that communicates with the specially encoded URLs assigned
to affiliates. We will endeavor to do its best to ensure accurate tracking of
referrals made by affiliates. Affiliates will themselves be solely responsible
for ensuring that these special URLs are formatted properly, a necessary prerequisite
to accurate tracking of referral sales. Notwithstanding the above statement
of responsibility by us to track sales, affiliates hereby acknowledge and accept
that the tracking system employed by eBirdseed.com is not 100% fail-safe and
that there may on occasion be instances of referral sales made that are not
credited to an affiliate for any of the following possible reasons:
- Failure by the affiliate to use the proper format of the specially assigned
URL in promotions, webpage links, banner ads, and so on
- Deliberate or accidental actions by customers to circumvent an affiliate's
special URL so that our software is unable to accurately track that sale
- Bugs, glitches or crashes of the tracking software that render it unable
to accurately track sales for a period of time
- Acts of nature that cause irretrievable data loss on the computers and
back-up disk media that store the commission information.
- As such, affiliates will not hold eBirdseed.com liable to compensate for
any claimed commissions that were not tracked and recorded by the tracking
software.
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