Affiliate
Service Agreement (the "Agreement") is made by Worldwide Brands
("www.worldwidebrands.com�), and you, as an Affiliate user of the
Worldwide Brands Affiliate Program ("You", "Your",
"Affiliate"). To be an authorized Affiliate of Worldwide Brands, You
agree to abide by the terms and conditions contained in this Agreement. Please
read this Agreement carefully before registering and using the Worldwide Brands
Affiliate Program. By signing up for Worldwide Brands Affiliate Program, you
indicate your acceptance of this Agreement and its terms and conditions. If you
do not accept this Agreement, do not sign up for the Worldwide Brands Affiliate
Program.
Enrollment in the Program - You may submit a completed Program application
to begin the enrollment process. Submission of your application to the
Worldwide Brands Affiliate Program implies acceptance to the terms set forth in
this Agreement. We will evaluate your application and notify you of your
acceptance or rejection through our third party solution provider. Please allow time for your submission to be reviewed.
Please note that should a sale be processed prior to
the affiliate account submission has been approved you will not receive
commission for the sale unless you contact a member of the affiliate team.
We may reject your application if, in our sole discretion, we determine for any
reason that your site is unsuitable for the Program.
Unsuitable sites include, but are not limited to, those that:
Regardless
of your acceptance in the Program, we may terminate this Agreement for any
reason, at any time. The terms of this Agreement and our acceptance criteria
are subject to change at any time without prior notice. All decisions for
acceptance into the Worldwide Brands Affiliate Program will be made within our
sole discretion. If your Application is not accepted, you may reapply to the
Program at any time; however, you should not and may not link to our site
unless you are approved for the Program.
Terms 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. Upon termination, all Worldwide Brands related content and links
shall be promptly removed from your site. You are only eligible to earn
referral fees on sales occurring during the term, and fees earned through the
date of termination will remain payable only if the related orders are not
canceled or returned. In the event overpayment is made by us, you agree to promptly
remit such excess payment upon notification by us. We may withhold your final
payment for a reasonable time to ensure that the correct amount is paid.
Contact Information - You must provide valid contact information
including physical mailing address, email address and phone number to
participate in the Worldwide Brands Affiliate Program. Your contact information
will only be used for the purposes of contacting you with information regarding
the affiliate program and Worldwide Brands. It will not be resold or used for
any other purposes. If Worldwide Brands can not contact you within a reasonable
period and your account is inactive, the account will be deactivated.
Compensation Terms and Payment Schedule: Affiliates earn commissions
through a pay per sale platform and is defined as follows:
Coupon/Discount Policy:
Countries not eligible for program: Any applications received from IP or mailing addresses within the countries listed below will be automatically denied acceptance to the Worldwide Brands affiliate program. Any affiliates found to be operating sites out of these countries will be automatically suspended, and their accounts removed from the program. Countries not eligible for program:
�� Cuba �� Iran |
�� North Korea �� Sudan �� Syria |
International
affiliates must be able to obtain a PayPal account for commission payment
purposes. We will not send checks to international addresses.
Modification to Agreement: 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.
Responsibility for Your Site and Marketing: You will be solely
responsible for the development, operation, and maintenance of your site and
for all content that appears on your site. For example, you will be solely responsible
for:
We disclaim
all liability for these matters. Further, 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
contents of your site.
All content on the Worldwide Brands site is copyrighted material and copyright
violations will be treated seriously.
Not Affiliated with OneSource.com
OneSource by Worldwide Brands is not affiliated in any way with OneSource.com, OneSource Information Services, Inc., or its parent company, infoUSA. OneSource by Worldwide Brands helps home-based Internet Business Owners decide what products to sell online, and where to get those products from genuine, verified wholesale suppliers.
OneSource by OneSource Information Services, Inc., provides Corporate Information Services including identifying sales prospects, monitoring competitive corporations, tracking company performance, managing customers effectively, and more.
These are two completely different companies and types of products. The companies do not share principals, officers, directors, members and/or shareholders and are completely unrelated. The purpose of this disclaimer is merely to prevent the danger of any consumer confusion.
You may not reference �OneSource� on or in any of your marketing efforts for Worldwide Brands Inc.
OneSource.com is considered a third party company.
Better
Business Bureau (BBB) Online Brand Policy: Per the policies of the BBB Online
Reliability Online Program, only approved BBB brands can be displayed on
approved Worldwide Brands websites. It can not be displayed on any affiliate
websites. Affiliates may link to the Worldwide Brands home page where the BBB
Brand is located but may not copy or link to the BBB Online Program directly on
their websites. You agree that you will not use the BBB Online Brand
inappropriately, and if contacted by Worldwide Brands, will immediately remove
all references or images pertaining to the BBB Online program. If affiliates
are members of any of the BBB Programs, it must be clearly indicated on the
website that any references of BBB images are referring to the affiliate's site
and not Worldwide Brands.
Reciprocal Link Policy: Worldwide Brands does not participate in a
reciprocal link program. By agreeing to this agreement, you understand that
Worldwide Brands will not promote your website or any products on your website unless
arrangements have been negotiated between the partners of Worldwide Brands and
yourself. Worldwide Brands, at any time and in our sole discretion, may select
specific websites to be promoted on our websites on an individual basis.
Limited License: We grant you a nonexclusive, nontransferable, revocable
right to access our site through the links solely in accordance with the terms
of this Agreement, for the sole purpose of linking your site to our site,
solely for the purpose of identifying your site as a participant in the Program
and assisting in increasing traffic to Worldwide Brands. You may not alter,
modify, or change the links in any way. You are only entitled to use the links
to the extent that you are a member in good standing of the Worldwide Brands
Affiliate Program. We may revoke your license anytime by giving you written
notice. You may use anything outside our membership are as long as it promotes
Worldwide Brands only. You may not publish anything in any way from our
directories.
Privacy Policy: Except as otherwise provided in this Agreement or with the
consent of the other party hereto, each of the parties hereto agrees that all
information, including, without limitation, the terms of this Agreement,
business and financial information, customer and vendor lists, and pricing and
sales information, concerning us or you, respectively, or any of our affiliates
provided by or on behalf of any of them shall remain strictly confidential and
secret and shall not be utilized, directly or indirectly, by such party for its
own business purposes or for any other purpose except and solely to the extent
that any such information is generally known or available to the public through
a source or sources other than such party hereto or its affiliates.
Fraud: If you commit fraud or falsify information in connection with
registering users with Worldwide Brands through the links on your site, this
Agreement will be terminated immediately. In addition, you will be liable to
Worldwide Brands for any and all damages that Worldwide Brands suffers as a
result of such actions. You will also be responsible for returning to Worldwide
Brands all commissions received for fraudulent sales, and we will not hesitate
to pursue all legal causes of action against you to the fullest extent possible
under the law.
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.
Miscellaneous: This Agreement will be governed by the laws of the United
States and the State of Florida, 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 Orange County, Florida, 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.
Anti-SPAM
Policy:
Worldwide Brands does not tolerate the use of spamming techniques. Worldwide
Brands reserves the right, at any time and in our sole discretion, to report
any business or person using any version of these techniques. Affiliates will
be immediately removed from the program and all pending commissions forfeited
Spyware And Other Parasites: Any affiliate suspected of a relationship,
formal or informal, with any provider of spyware or parasitic software (as
judged by any interference with the operation by design of Worldwide Brands
and/or its partner sites) is subject to punitive actions by Worldwide Brands,
without notice, including but not limited to: suspension of affiliate account;
termination of affiliate account; withholding of payments to affiliate; and
public notification of affiliate's suspected malfeasance. Worldwide Brands
encourages affiliates to report suspicions of such relationships; and, should
substantial proof, as judged by Worldwide Brands, be provided, Worldwide Brands
reserves the right to assign a value equal to unpaid monies earned by the
offending affiliate (or a part thereof) to the reporting affiliate as a bounty.
Disclaimer: We make no express or implied warranties or representations
with respect to the Program or any products sold 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 will be uninterrupted or error-free, and we will
not be liable for the consequences of any interruptions or errors; however, we
will make commercially reasonable efforts to correct errors or interruptions
promptly.
Prior Agreement: This agreement supersedes any and all other agreements between the parties.
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.