Enrollment in the Affiliate Program
To begin the enrollment process, AFFILIATE will complete the Affiliate
Program application via the MIAMI BEACH VINTAGE website. Application of the AFFILIATE
will be evaluated and AFFILIATE will be notified if AFFILIATE application
is rejected. MIAMI BEACH VINTAGE may reject AFFILIATE application if MIAMI BEACH VINTAGE or DEVELOPER
determines (at eithers discretion) that AFFILIATE site is unsuitable for
the program. Unsuitable Web sites include sites that:
Promote violence
Promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age
Promote unlawful activities
Promote the use of bulk e-mail or "Spam"
Promote the use of multi-level marketing (MLM)
Contain content that is threatening, defamatory, fraudulent, obscene or
harassing
Violate intellectual property rights
If MIAMI BEACH VINTAGE rejects AFFILIATE application, AFFILIATE is welcome to reapply
to the Affiliate Program after said AFFILIATE has updated the AFFILIATE
site to remove content MIAMI BEACH VINTAGE has determined to be unsuitable for a MIAMI BEACH VINTAGE
Software Affiliate.
Order Processing
MIAMI BEACH VINTAGE will be responsible for processing every order placed
by a customer who utilizes the special link from AFFILIATE sponsoring
Web site to MIAMI BEACH VINTAGE's Web site. Those responsibilities include
order forms, payment processing, shipping, cancellations, returns and
related customer service. You are credited for the order once the order
has been shipped to the customer. Refunded orders are deducted from your
balance. We reserve the right to reject any order for any reason, including
any order that does not comply with MIAMI BEACH VINTAGE rules, operating
procedures and policies or that violates applicable law.
Tracking of Sales
MIAMI BEACH VINTAGE will track sales made to customers who use the unique
Affiliate ID from AFFILIATE sponsoring Web site. MIAMI BEACH VINTAGE tracks
sales through the use of cookies. AFFILIATE will be responsible for ensuring
that AFFILIATE special link includes AFFILIATES unique Affiliate ID and
is formatted properly, a necessary prerequisite for us to track such sales.
Statements of referral product sales activity will be provided to AFFILIATE.
All statements after 30 days shall be deemed correct unless AFFILIATE
give us notice of any error prior to that date. MIAMI BEACH VINTAGE shall
not be responsible for any errors AFFILIATE or AFFILIATE customers make
which result in any loss of any tracking information contained in the
special link. MIAMI BEACH VINTAGE does not have any obligation or liability
to pay referral fees for purchases made from which cookies are not reasonably
traceable by MIAMI BEACH VINTAGE. To protect MIAMI BEACH VINTAGE customers'
privacy, the names or other personal information about specific customers
will not be provided to AFFILIATE.
You receive 10% of the total product price
(not including shipping).
MIAMI BEACH VINTAGE Policy Applies to All Orders
Every customer who buys a product through this program is deemed to be
a customer of MIAMI BEACH VINTAGE . AFFILIATE does not have the authority to make
or accept any offer of purchase on MIAMI BEACH VINTAGE's behalf. All of MIAMI BEACH VINTAGE's
policies regarding customer orders, including product availability, pricing
and problem resolution, will apply to these customers. MIAMI BEACH VINTAGE is not
responsible for any representations AFFILIATE make which conflict with
our policies.
Product Pricing
Product prices are determined on a product-by-product basis by retailers
on our website. Product price changes are subject to change without notice
and MIAMI BEACH VINTAGE cannot guarantee product pricing.
Returns and Cancellations
If a referral fee product is later returned by the customer, its referral
fee will be deducted from the next payment sent to AFFILIATE.
Responsibility for AFFILIATE Site
AFFILIATE will be solely responsible for the development, operation and
maintenance of AFFILIATE site and for all materials that appear on AFFILIATE
site. For example, AFFILIATE will be solely responsible for: the technical
operation of AFFILIATE site and all related equipment creating and posting
product descriptions on AFFILIATE site and linking those descriptions
to MIAMI BEACH VINTAGE Web site the accuracy and appropriateness of materials
posted on AFFILIATE site.
MIAMI BEACH VINTAGE disclaims all liability for these matters. Further, AFFILIATE
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 AFFILIATE site.
AFFILIATE agree to display a MIAMI BEACH VINTAGE logo on the sponsoring site homepage
or other prominent location.
Linking to MIAMI BEACH VINTAGE
Use of special links to the MIAMI BEACH VINTAGE web site: Using a specially
formatted link, which includes a unique Affiliate ID that we provide AFFILIATE,
AFFILIATE will provide a special link to a MIAMI BEACH VINTAGE page.
AFFILIATE must link directly to the MIAMI BEACH VINTAGE web site and
receive commissions on any products sold from MIAMI BEACH VINTAGE during
that session provided AFFILIATE use the unique Affiliate ID and the correct
special link.
MIAMI BEACH VINTAGE grants AFFILIATE 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 AFFILIATE site as a program participant.
AFFILIATE may not modify the icon or any of MIAMI BEACH VINTAGE's images
in any way. We reserve all rights in the icon, any other images, our trade
names, trademarks and copyrights and all other intellectual property rights.
We may revoke AFFILIATE license at any time by giving AFFILIATE written
notice. AFFILIATE may not use such icon and other images in such a way
that would harm MIAMI BEACH VINTAGE's image. Upon cancellation or termination
of this Agreement, AFFILIATE agree to cease all use of such icon and other
images.
Restrictions 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
AFFILIATE sponsoring Web site. Participants who use this program to purchase
products for their own use are in violation of the agreement. MIAMI BEACH VINTAGE
may, in its sole discretion, terminate this agreement and/or withhold
payment of referral fees if MIAMI BEACH VINTAGE finds that such personal use has occurred.
General Provisions
Web Site Service Interruption: MIAMI BEACH VINTAGE will make every effort to keep
its Web site operational. However, certain technical difficulties may,
from time to time, result in temporary service interruptions. AFFILIATE
agree not to hold us liable for any of the consequences of such interruptions.
Term of the Agreement:
AFFILIATE 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 MIAMI BEACH VINTAGE notifies AFFILIATE that AFFILIATE has 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 one (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 AFFILIATE
may be withheld for a reasonable time in order to ensure that the correct
amount is paid.
Modifications
MIAMI BEACH VINTAGE may modify any of the terms and conditions
contained in this Agreement, at any time and in MIAMI BEACH VINTAGE's
sole discretion, by posting a change notice or a new agreement on MIAMI BEACH VINTAGE's 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 AFFILIATE, AFFILIATES
ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATES CONTINUED PARTICIPATION
IN THE PROGRAM FOLLOWING MIAMI BEACH VINTAGE'S POSTING OF A CHANGE NOTICE
OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE
CHANGE.
Effect of Termination: Upon termination or expiration
of this Agreement, Participant shall have no right or license to use the
MIAMI BEACH VINTAGE trademarks, copyrights, etc. in any manner. MIAMI BEACH VINTAGE shall have no obligation to pay Participant any fees or
charges, including Referral Fees, for services or products purchased after
the expiration or termination of this Agreement for any reason. All provisions
of this Agreement which by their nature are intended to service the expiration
or termination of this Agreement shall survive and remain in full force
and effect.
Cancellation 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.
WARRANTY DISCLAIMER: MIAMI BEACH VINTAGE MAKES 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, MIAMI BEACH VINTAGE
MAKES NO REPRESENTATION THAT THE OPERATION OF MIAMI BEACH VINTAGE'S SITE WILL BE UNINTERRUPTED
OR ERROR-FREE AND MIAMI BEACH VINTAGE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY
INTERRUPTIONS OR ERRORS.
LIMITATION OF DAMAGES: MIAMI BEACH VINTAGE 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 MIAMI BEACH VINTAGE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER,
MIAMI BEACH VINTAGE'S 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 AFFILIATE UNDER THIS AGREEMENT.
Independent Contractors: AFFILIATE 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.
Governing Law. This Agreement shall be governed by and construed in accordance
with the substantive laws of the State of Colorado, excluding its conflict
of laws principles. Any lawsuit relating to this Agreement must be brought
in the federal or state courts located in Colorado Springs, Colorado.
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.
Assignment. AFFILIATE may not assign this Agreement, by operation of
law or otherwise, without MIAMI BEACH VINTAGE's 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
and assigns.
Waiver: MIAMI BEACH VINTAGE's failure to enforce AFFILIATEs strict performance of
any provision of this Agreement will not constitute a waiver of MIAMI BEACH VINTAGE's
right to subsequently enforce such provision or any other provision of
this Agreement.
Free to Contract with Others: AFFILIATE understand that MIAMI BEACH VINTAGE 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 AFFILIATE Web site.
Independent Investigation: AFFILIATE 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.
ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS: BY SUBMITTING THIS APPLICATION,
AFFILIATE ACKNOWLEDGE THAT AFFILIATE HAVE READ AND REVIEWED THIS AGREEMENT
IN ITS ENTIRETY AND AGREE TO ALL ITS TERMS AND CONDITIONS.
NOTICE
Notices. Communications relating to this AGREEMENT shall be deemed to
have been sufficiently given if in writing and sent by registered mail,
postage prepaid to the other party at the address given below.
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