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Please read the Affiliate Agreement below and click "I Agree" to continue.
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This Agreement ("the Agreement") is made between Artinharmony.com, a Art Gallery and Gift Shop located in Massachusetts, and you, as our Affiliate.
1. ACCEPTANCE.
You agree to keep the terms and conditions outlined in this agreement. By clicking on the "I Agree" button on our Affiliate Sign-Up page you indicate your acceptance of this Agreement. If you do not accept this agreement, you are not authorized to be a Affiliate, and may not use our links, graphics, and utilities on your website.
2. SIMPLE STATEMENT OF RELATIONSHIP.
Artinharmony.com enters into a relationship with you as a Affiliate, to reward you with a commission of 5% each time someone makes a purchase of a product on the Artinharmony.com website as a result of clicking on a Link on your website, according to the provisions in this Agreement. You and Artinharmony.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
3. LINKING
Linking means a hyperlink to the Artinharmony.com website that is copied and pasted from your individual password-protected Affiliate Administration area on our site. The HTML code may not be modified in any way. If the HTML code is altered in any way after copying from that web page, we reserve the right to refuse you the credit for any sale.
4. TRACKING.
When someone clicks on a LINK on your site, a cookie will be set in their browser with your Affiliate ID, and their IP address will be logged with your Affiliate ID. During that visit to our website or any later visit, when a purchase is made, the commission will be given based on the existence of the cookie or a match of the IP address in the database. You agree not to challenge or dispute the sales tracking performed by the affiliate management software we select to administer this program.
5. PAY-PER-SALE.
Our Affiliate Program pays the Affiliate only when a sale results from a visitor who sent by a Link on the Affiliate's website. If the sale does not occur within 10 days of the visitor passing through the Affiliate link, no payment will be made. If a visitor passes through links from two different Affiliates before making a purchase, then the most recent link is credited with the sale.
6. PAYMENT RATE.
The payment per sale varies, but is always based on a percentage of the sales amount (not including any taxes or shipping). The payment rates can be changed or discontinued at any time with notification as provided herein.
7. CHARGEBACK.
If the purchaser makes a duplicate entry, later returns a product, enters through an non-qualified link, makes an unauthorized payment, or does not make full payment to Artinharmony.com , payment made to the Affiliate for that purchase shall be rescinded.
8. PAYMENTS.
Payments will be made via check in US funds at the end of any month that your accumulated commission total matches or exceeds the threshold defined for your account.
9. FRAUDULENT ACTIVITY
Hosts applying to join the network with the intent to generate fraudulent clicks should be advised that the system will detect and document all fraudulent activity. Fraud may result in non-payment, removal from the program, and/or additional legal action. Artinharmony.com reserves the right to require Hosts to provide server log files upon request.
10. AUTOMATED AND FORCED CLICK-THROUGHS
Automatically opening (spawning) of browsers, automatic redirecting of users, or any other technique of generating "automated" clicks is strictly prohibited. It is also prohibited to require users to click on the advertiser's banner before entering any area of a website.
11. SPAM
Hosts may not use unsolicited e-mail or inappropriate newsgroup postings to promote a website. Hosts may not encourage visitors to click on the advertisers' banners in any way including e-mail, newsgroup postings, and/or chat sites.
12. CHANGES TO THE PROGRAM.
Artinharmony.com reserves the right to change, modify, add, or remove portions of this Agreement at any time, and may add to, change, suspend or discontinue any aspect of its Affiliate Program at any time. In such case Artinharmony.com will notify Affiliates of such changes either via e-mail at which time you may either agree to such changes or withdraw from the Affiliate Program.
13. REGISTRATION.
To sign up as an Affiliate you must be at least 18 (eighteen) years of age.
14. PARTICIPANT APPROVAL
Artinharmony.com shall be the sole judge of any web site's participation in its affiliate program.
15. TERMINATION.
ARTINHARMONY.COM RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A AFFILIATE. THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE AS AFFILIATES: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY.
16. LIMITATION OF LIABILITY.
ARTINHARMONY.COM DOES NOT WARRANT THAT THE AFFILIATE PROGRAM WILL MEET THE AFFILIATE'S REQUIREMENTS OR THAT THE OPERATION OF ARTINHARMONY.COM WEBSITE AND ORDERING SYSTEM OR AFFILIATE TRACKING SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL ARTINHARMONY.COM BE LIABLE TO THE AFFILIATE OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE OPERATION OF OR INABILITY TO OPERATE THE WEBSITE, ORDERING SYSTEM, OR AFFILIATE TRACKING SYSTEM, EVEN IF ARTINHARMONY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. SEVERABILITY.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
18. OWNERSHIP AND LICENSES.
ARTINHARMONY.COM grants a non-exclusive, limited, revocable right to the Affiliate to use ARTINHARMONY.COM trademarks and banners. All images, programs, HTML code, and content provided by Artinharmony.com shall remain the sole property of Artinharmony.com , and no part shall be deemed assigned or licensed to the Affiliate except as explicitly provided for in this document. All intellectual property rights, including trademarks, copyrights, trade names, and service marks shall remain the sole property of Artinharmony.com , including rights in and to any derivatives of them. The Affiliate may not modify the trademarks, banners, the content, or any of Artinharmony.com provided images in any way.
19. TERM AND TERMINATION.
This agreement shall remain in effect until terminated. The Agreement may be terminated by Artinharmony.com or the Affiliate for any reason upon thirty (30) days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination you may no longer use Artinharmony.com banners, images, content, trademarks, etc. on your site, or provide hyperlinks to the Artinharmony.com site.
20. ASSIGNABILITY.
Artinharmony.com may assign this Agreement to any successor.
21. FORCE MAJEURE.
Neither Artinharmony.com nor the Affiliate shall be liable under this Agreement by reason of any failure or delay in performance of its obligations in this Agreement on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, or any other cause which is beyond the reasonable control of Artinharmony.com or the Affiliate.
22. JURISDICTION.
Regardless of the place of executing this agreement, the Affiliate agrees that for purposes of venue, this contract was entered into in Massachusetts , and any dispute will be litigated or arbitrated in Massachusetts . This Agreement shall be governed by Massachusetts law.
23. 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 NOT SET FORTH IN THIS AGREEMENT.
24. SOLE AGREEMENT.
This Agreement constitutes the sole agreement between Artinharmony.com and the Affiliate regarding the Affiliate Program.
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