Affiliate
Program: Affiliate Agreement
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Please read the agreement document
below before registering. I
accept these terms and wish to register. This agreement contains the
complete terms and conditions that apply to an individual or entity’s
participation in the The Wedding Glass Affiliate Program (the ‘Program’). As
used in this Agreement, The Wedding Glass will be referred to as ‘we’ and the
applicant will be referenced as ‘you.’ The term ‘site’ applies to a World
Wide Web site and, depending on the context, refers to either The Wedding
Glass.com or any site that you will link to ours. 1)
Term of the Agreement: 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. In addition, The Wedding Glass reserves the
right to cancel the Program at any time and for any reason, without prior
notice. Upon the termination of this Agreement or the Program for any reason,
you will immediately cease use of, and remove from your site, all links to The
Wedding Glass.com and all The Wedding Glass trademarks, trade dress, logos,
and all other materials provided by or on behalf of us to you in connection
with the Program. You are eligible to earn referral fees only on ticket
transactions that occur during the term, and referral fees earned through the
date of termination will remain payable only if the related orders are not
cancelled or returned. To ensure that you are paid the correct amount, we may
withhold your final payment for a reasonable time. 2)
Enrollment in the Program: To begin the
enrollment process, you must submit a completed Affiliate Application. We
will evaluate your application in good faith and will notify you of our
acceptance or rejection of your application. Your application may be rejected
if we determine, in our sole discretion, that your site is unsuitable for the
Program. Unsuitable sites include, without limitation, those that:
3)
Order Tracking and Processing:
We will track and process all transactions made by customers who follow
special links from your site to our site. We will send you reports
summarizing sales activity. The form, content, and frequency of these reports
may vary from time to time at our discretion. To enable accurate tracking,
reporting, and commission accrual, you must ensure that the special links
between your site and our site are properly formatted. When customers come to
The Wedding Glass.com via your links, our web server sends a client-side text
string (cookie) containing your unique affiliate code to their computers. Our
system then uses those strings to identify your site at the point of purchase
or sale. We are responsible for all aspects of order processing and
fulfillment. Along with providing customer service, we will handle all
transaction logistics including payments, cancellations, and shipping. We
reserve the right to cancel orders that do not comply with any requirements
we establish. 4)
Qualifying Transactions: For a ticket
transaction to qualify for a commission, the customer must do the following:
follow a link (in the format specified by us) from your site to www.The
Wedding Glass.com; purchase websites using our consumer-branded online
marketplace (www.The Wedding Glass.com). Website transactions that are
canceled, refunded or the subject of a credit card charge back will not
qualify for commissions. Commissions are attributed to an affiliate when the
affiliate is responsible for the customer’s last click before purchase. We
reserve the right to reject transactions that do not comply with these or
other requirements that we periodically establish. Your site will be credited
for every qualifying transaction, including repeat purchases or sales that
occur within 60 days of referral from your site. 5)
Commissions: You will earn commissions for
each purchase of tickets on The Wedding Glass.com. You will not earn
commissions for sales that are made through alternative. Additionally, you
will not earn commissions for tickets that you or someone in your household
buys on The Wedding Glass.com. The Wedding Glass will pay commissions within
30 days of the completion of the month. Normally payments arrive between the
15th and 20th days of each month. Your commissions will be sent by maail less
any taxes that we are required by law to withhold. However, if the
commissions payable to you for any month are less than $50.01, we may hold
those commissions until the total amount due is at least $50.01 or, if
earlier, this Agreement is terminated. If a transaction that generated a
commission is later cancelled by a customer, we will deduct the corresponding
commission from your next payment or, if thereafter your site accrues no
commissions during the following quarter, we may send you a bill for the
overpayment. Affiliates are not eligible to receive commissions on their own
transactions. 6)
Brand Integrity: As a wedding website provider The
Wedding Glass's brand identity must be protected. Affiliate partners may not
modify our logo or represent themselves as The Wedding Glass in any way, such
as by citing themselves as an "Official Site" in search engine
listings or by posting duplicate content from the The Wedding Glass.com site.
Partners may not profit from our trademarked terms, either through suggestive
URLs or PPC keyterms, nor may they use any of the content or images shown on The
Wedding Glass.com. When using a message board or
community site to generate traffic, affiliates must be compliant with that
site's policies. This includes not posting on sites that prohibit all
affiliate activity, such as Craigslist.org. While affiliates may use our XML
feed to allow users to search our event database on their own site, the final
point-of-purchase must always occur on The Wedding Glass.com. In addition, affiliates are
required to abide by all terms and conditions associated with The Wedding
Glass coupon codes and discounts. Accordingly, affiliates may not post such
codes or distribute them in any other manner as all such codes are
non-transferable and intended only for one-time use. Further, affiliates are
not permitted to offer their users cash or other incentives for accessing The
Wedding Glass web sites through links placed on affiliate web sites or
emails. As explained further below, affiliates that engage in any of the
foregoing will be subject to immediate suspension or termination. Commissions
will not be accrued during suspension. Affiliates shall not contact The
Wedding Glass.com customers directly and shall forward any customer calls to The
Wedding Glass. 7)
Policies and Pricing: Customers
who buy or sell tickets through this Program will be deemed to be customers
of The Wedding Glass.com. Accordingly, all The Wedding Glass.com rules,
policies, and operating procedures concerning customer orders, customer
service, and product sales will apply. We may change our policies and
operating procedures at any time and without notice. 8)
Limited License: We grant you a nonexclusive,
revocable right to use graphic images and text we provide to you and other
text or images for which we grant express permission, solely for the purpose
of identifying your site as a Program participant and to assist in generating
ticket transactions. You may not modify any of these graphic images or text
in any way. We reserve all intellectual property rights of The Wedding Glass.com,
including text, graphic images or any other images, trade names, and
trademarks. You agree to follow our trademark guidelines and are aware that
these may change. We may revoke your license at any time by giving you
written notice. 9)
Responsibility for Your Site:
You are solely responsible for the development, content, operation, and
maintenance of your site. This responsibility includes:
10)
Modification: We may modify any of the terms or
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 fees, referral 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 WILL
CONSITUTE BINDING ACCEPTANCE OF THE CHANGE. 11)
Relationship of Parties: You and we
are independent contractors, and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, sales representatives, or
employment relationship between the parties. You will have no authority to
make or accept any offers or representations on our behalf. You may not make
any statement, whether on your site or otherwise, that would reasonably
contradict anything in this section. 12)
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 this Agreement. 13)
Disclaimers: We name no express or implied
warranties or representations with respect to the Program or any tickets sold
through the Program (including, without limitation, warranties of fitness,
merchantability, noninfringement, 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 will be uninterrupted or
error-free, and we will not be liable for the consequences of any
interruptions or errors. 14)
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. 15)
Arbitration: Any dispute relating in any way
to this Agreement (including any actual or alleged breach hereof), any
transactions or activities under this Agreement or your relationship with us
or any of our affiliates shall be submitted to confidential arbitration in
San Francisco, California, except that, to the extent you have in any manner
violated or threatened to violate our intellectual property rights, we may
seek injunctive or other appropriate relief in any state or federal court in
the state of California (and you consent to non-exclusive jurisdiction and
venue in such courts) or any other court of competent jurisdiction.
Arbitration under this Agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator’s award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extend permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
or otherwise. 16)
Miscellaneous: This Agreement will be governed
by the laws of the United States and the state of California, without
reference to rules governing choice of laws. You may not assign this
Agreement, by operation of law or otherwise, without 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. We may assign this agreement at any time and without
notice to our successor-in-interest following a merger, acquisition or
similar corporate transaction. 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. 17)
Spyware: We will refuse all applications
or signups from affiliates which we believe participate in spyware, adware or
parasiteware techniques for driving traffic. We reserve the right to research
and investigate affiliates and their activities and, at our own discretion,
determine whether or not these practices are in place. Affiliates found in
violation of this policy will be immediately terminated from the program and
will forfeit all commissions. 18)
Guidelines for Using Paid Search Listings:
Many of our affiliates are now using paid search to generate commission. Here
are the guidelines: 1.
Correct representation of The
Wedding Glass.com's brand. 2.
If you are linking directly to The
Wedding Glass.com's site, you must place The Wedding Glass.com URL as the
visible URL in your ad. 3.
You may not use The Wedding Glass within your creative, and cannot state that you are Official or copy any creative
in The Wedding Glass's own paid listings. 4.
You shall not purchase or register
search engine keywords, AdWords, search terms or other identifying terms that
include the word "The Wedding Glass" or any variations thereof for
use in any search engine, portal, sponsored advertising service or other
search or referral service. Specifically, this policy prohibits you from
bidding on: o
The Wedding Glass.com's trademark,
"The Wedding Glass", The Wedding Glass.com and any keyword string
that includes this term. For example, "stub hub tickets", "The
Wedding Glass coupons", "stub hub and coupons",
"TheWeddingGlass", etc. o
Variations of The Wedding Glass.com's
trademark: for example "stub hub", "sub hub", "www.The
Wedding Glass.com", " The-Wedding-Glass ", " The Wedding
Glass ", "www.The Wedding Glass", "stub-hub.com",
" The.Wedding.Glass ", "wwwThe Wedding Glass.com", "The
Wedding Glasscom", etc. o
If The Wedding Glass.com
determines, in its sole discretion, that you have purchased or attempted to
purchase "The Wedding Glass" or one of the cited examples above,
then The Wedding Glass.com may (without limiting any other remedies available
to it) pursue any or all of the following actions: § Withhold, or cancel any and all compensation otherwise
payable to You beginning with the date on which you purchased the prohibited
trademarked terms; § Remove you from the The Wedding Glass.com affiliate
Program permanently. If you violate any of these The
Wedding Glass.com conditions, we may remove you from the Program immediately
and/or permanently. The Wedding Glass.com also reserves the right to
withhold, or cancel any and all compensation for transactions not in
compliance with these conditions. |