(AFK.COM) AFFILIATE PROGRAM AGREEMENT. This Agreement contains the
terms and conditions to apply to an individual's or an entity's
participation in the Asiaforkids.com Affiliate Program (the "program").
As used in this Agreement, "we", "us" or "our" refers to Master
Communications, Inc., "you" or "your" refer to the applicant, "Participant"
shall mean an applicant which has been approved to be a participant
with the Affiliate Program," sponsoring Web site" refers to the
World Wide Web site from which you will link to Asiaforkids.com,
"product" refers to any item listed for sale in the Asiaforkids.com
Web site, and all dollars ($) shall mean United States dollars.
in the Affiliate Program
To begin the
enrollment process, you will submit a complete Asiaforkids.com Affiliate
Program application via our site. Your application
will be accepted in good faith, and you will receive an acceptance
e-mail including your unique source key identification. We reserve
the right to remove you from the program at any time without prior
notice if it comes to our attention that, in our sole discretion,
your site is unsuitable for the program. Unsuitable Web sites include
based on race, sex, religion, nationality, disability, sexual orientation,
use of bulk e-mail or spam
use of pyramid schemes
that is threatening, defamatory, fraudulent, obscene or harassing
or pornographic material
If you are unsure whether your site meets these criteria, please
email us your URL at firstname.lastname@example.org,
and we will be happy to review
your site. You should also note that if we accept your application
and your site is thereafter determined (in our sole discretion)
to be unsuitable for the Program, we may terminate this Agreement.
You can provide a link to Asiaforkids.com homepage or any other
pages using a specially formatted link with a unique
Affiliate code, which we would provide to you. The content, style and placement of product
descriptions or site description is entirely up to you and will also be entirely
We will be responsible for processing every order
placed by a customer who utilizes the special link from your sponsoring
Web site to our Web site. Order forms, payment processing, shipping,
cancellations, returns and related customer service will be our
responsibility. All of our rules, operating procedures and policies
regarding customer orders and accounts will apply to orders we
receive through the special link from your sponsoring Web site.
We reserve the right to reject any order for any reason, including
any order that does not comply with our rules, operating procedures
and policies or that violates applicable law.
Tracking of Sales: We will track sales
made to customers who use the unique Affiliate code from your
sponsoring Web site. You will be solely responsible for ensuring
that your special link includes your unique Affiliate code and
is formatted properly, a necessary prerequisite for us to track
such sales. Statements of referral product sales activity will
be provided to you. All statements after 30 days shall be deemed
correct unless you give us notice of any error prior to that date.
We shall not be responsible for any errors you or your customers
make which result in any loss of any tracking information contained
in the special link. To protect our customers' privacy, the names
or other personal information about specific customers will not
be provided to you.
Asiaforkids.com Policy Applies to All
Orders: Every customer who buys a product
through this program is deemed to be a customer of Asiaforkids.com.
You do not have the authority to make or accept any offer of purchase
on our behalf. All of our policies regarding customer orders,
including product availability, pricing and problem resolution,
will apply to these customers. We are not responsible for any
representations you make which conflict with our policies.
Product Prices and Availability:
The price charged for every product sold under
this program will be determined by us according to our own pricing
policies. Product prices may vary from time to time, including
book, video, music or software publishers' price increases and
special discounts offered by us on products that may already be
listed by you. You may not specify product prices in your descriptions
and our policies will always determine the price paid by the customer.
Product availability changes frequently and we will endeavor to
present our best available information regarding product availability.
We cannot guarantee the availability or price of any product.
For a product sale to be eligible for commission fees, the customer must
follow a link specified from your site to our site, select and purchase
the Products using our automated ordering system, accept delivery of the
Product at the shipping destination, and remit full payment to us. We will
not, however, pay referral fees on any Products that are added to a customer's
shopping cart or are purchased after the customer reenters our site without using
the special link, even if the customer previously followed a link from your site
to our site. You will earn commission fees based on Qualifying Revenues according
commission fee schedules to be established by us. "Qualifying Revenues" are revenues
derived by us from referred purchases from your links, excluding costs for shipping
and handling, sales tax charges, gift wrapping charges, credit card processing fees and bad debt.
Purchase Amount from Affiliate-Generated Purchases in a Quarter
Commission Payable to You (Expressed as a Percentage of Purchase Amount)
$1,000 to $9,000.99
$10,000 and over
Your commissions may not be offered, directly or indirectly, in whole or in part, to our customers
in the form of rebates, coupons, commissions, refunds or other manner.
We will send you a commission check
for the applicable purchases and a statement of customer purchase activity approximately
30 days after the end of each calendar quarter. Amounts less than
$50.00 will be held until the calendar quarter in which the referral
fee due exceeds $50.00, or until this agreement is canceled.
Returns and Cancellations:
If a commission product is later returned by the customer, its
commission will be deducted from the next quarterly payment sent
to you. If there is no next quarterly payment, you will be billed
for this amount which is owed to us.
for Your Site the technical
operation of your site and all related equipment
posting product descriptions on your site and linking your site
to our Web site
and appropriateness of materials posted on your site (including,
among other things, all product related materials)
materials posted on your site (except for the required logo under
section 7(a), below) do not violate or infringe upon the rights
of any third party (including, for example, copyrights, trademarks,
privacy or other personal or proprietary rights)
materials posted on your site are not libelous or otherwise illegal.
a. 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:
b. 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.
c. You agree to display an Asiaforkids.com/Master Communications
Affiliate logo or a statement, "Affiliate of AsiaforKids.com" on the sponsoring
site homepage or other prominent location of your choice.
Use of special links to Asiaforkids.com: Using a specially formatted
link, which includes a unique Affiliate code that we would provide
to you, you will provide a special link to an Asiaforkids.com
page. You may add or delete links from your sponsoring Web site
at any time without our approval.
b. You can
add or remove links at any time: You may select and link to additional
pages, or remove such links, at any time and without our prior
approval. However, YOU MUST use the correct special link format
with the unique Affiliate in order to receive proper credit for
c. You can
link directly to the Asiaforkids.com home page: You will receive
your referral fee for any product that a user may purchase during
that session provided you use
the unique Affiliate code provided in your special link.
d. You agree that you will
display one of the graphics or text links approved by us and made available to you
via our link and that you will code all links to our website in the manner specified
e. We grant
you a non-exclusive, revocable right to use the icon and such
other images for which we grant express permission, solely for
the purpose of identifying your site as a program Participant.
You may not modify the icon or any of our images in any way. We
reserve all of our rights in the icon, any other images, our trade
names, trademarks and copyrights and all other intellectual property
rights. We may revoke your license at any time by giving you written
notice. You may not use such icon and other images in such a way
that would harm our image. Upon cancellation or termination of
this Agreement, you agree to cease all use of such icon and other
on Personal Use
This program is intended for commercial use only,
i.e., paying referral fees for products sold to third parties
who follow a special link from your sponsoring Web site. Participants
who use this program to purchase products for their own use are
in violation of the agreement. Asiaforkids.com may, in its sole
discretion, terminate this agreement and/or withhold payment of
referral fees if we find that such personal use has occurred.
a. Web Site Service Interruption: Asiaforkids.com will make every
effort to keep its Web site operational. However, certain technical
difficulties may, from time to time, result in temporary service
interruptions. You agree not to hold us liable for any of the
consequences of such interruptions.
b. Term of
the Agreement: You may only receive referral fee payments for
orders that are properly placed during the term of this agreement.
This term will begin on the date that we notify you that you have
been pre-approved as a program Participant and shall end when
canceled or terminated by either party as provided below. Unless
otherwise canceled or terminated, the agreement will be for 1
year and renewed quarterly. Referral fees earned through the date
of cancellation or termination of this agreement will remain payable
only if the products are not returned or canceled from their orders.
Payment of the final referral fee payment to you may be withheld
for a reasonable time in order to ensure that the correct amount
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
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.
of This Agreement: Either party may choose to cancel or terminate
this agreement at any time and for any reason by written notice
of cancellation or termination to the other.
DISCLAIMER: WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS
WITH REGARD TO THE PROGRAM OR ANY PRODUCTS SOLD THEREUNDER, WHETHER
EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY
ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE
OF TRADE. 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.
OF DAMAGES: WE SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS
ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM,
EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER,
OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS
AGREEMENT OR THE PROGRAM SHALL IN NO EVENT EXCEED THE TOTAL REFERRAL
FEES PAID OR PAYABLE BY US TO YOU UNDER THIS AGREEMENT.
Contractors: You are an independent contractor and nothing in
this agreement is intended to or will create any form of partnership,
joint venture, agency, franchise, sales representative or employment
relationship with us.
Law. This Agreement shall be governed by and construed in accordance
with the substantive laws of the State of Ohio, excluding its
conflict of laws principles. Any lawsuit relating to this Agreement
must be brought in the federal or state courts located in Cincinnati,
Ohio. i. Headings. The titles and headings of the various sections
and paragraphs in this Agreement are intended solely for convenience
of reference and are not intended for any other purpose whatsoever,
or to explain, modify or place any construction upon or on any
of the provisions of this Agreements.
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
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
l. Free to
Contract with Others: 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.
Investigation: 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.
BY CLICKING BELOW, I AGREE TO THE
ACCEPTANCE OF THE TERMS: I ACKNOWLEDGE THAT I HAVE READ AND
REVIEWED THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ALL ITS TERMS
PROCEED TO ON-LINE APPLICATION