This Affiliate Service Agreement (the "Agreement") is made by and between Shirts In Bulk, Inc., a Pennsylvania, USA corporation ("Shirts In Bulk"), and you, as an Affiliate utilizing the Shirts In Bulk affiliate program ("You", "Your", "Affiliate").
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the affiliate program as an Affiliate. By signing up for Shirts In Bulk, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the Shirts In Bulk affiliate program as an Affiliate.
Shirts In Bulk respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact support@Shirts In Bulk.
As an Affiliate of the affiliate program, you may place and remove Shirts In Bulk Links on Your site and in acceptable locations.
You will receive a Commission for sending Shirts In Bulk authorized sales via Your Links. In order to place Links, You must first register each domain you are linking from. You are then provided with unique Shirts In Bulk links per domain. You understand that the Payout amount may be changed at any time. This information is also available to You at the Shirts In Bulk Affiliate Program Member's Area. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued.
You receive the Commission from Shirts In Bulk. Payments are made automatically on the first (1st) day of each month when Your account balance reaches $50 or more for the previous months' transactions. Money credited to Your Account does not accrue interest.
In the event of a VOID, Shirts In Bulk may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to Shirts In Bulk
Shirts In Bulk reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the affiliate program or any Shirts In Bulk related products.
Shirts In Bulk 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 the affiliate program at any time. In the event of any material change, Shirts In Bulk will notify You via e-mail, newsletter or the Shirts In Bulk Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the affiliate program.
To sign up as an Affiliate of Shirts In Bulk you must be at least 18 (eighteen) years of age.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN Shirts In Bulk AFFILIATE PROGRAM: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES.
As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area. You shall provide Shirts In Bulk with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity.
You agree that Shirts In Bulk may rely on any data, notice, instruction or request furnished to Shirts In Bulk by You which is reasonably believed by Shirts In Bulk to be genuine and to have been sent or presented by a person reasonably believed by Shirts In Bulk to be authorized to act on Your behalf. You shall notify Shirts In Bulk by e-mail at support@Shirts In Bulk of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Shirts In Bulk and referral to the appropriate law enforcement agencies.
You represent to Shirts In Bulk that all content You provide to the affiliate program is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales to Shirts In Bulk.
Shirts In Bulk RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF Shirts In Bulk. If You are terminated from the affiliate program, Shirts In Bulk has the right to withhold money You earned within the affiliate program or money that You owe within the affiliate program and You will not be allowed to re-join Shirts In Bulk.
The affiliate program, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Shirts In Bulk DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE AFFILIATE PROGRAM, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Shirts In Bulk SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE AFFILIATE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Shirts In Bulk will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold Shirts In Bulk liable for any of the consequences of such interruptions. Shirts In Bulk SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. Shirts In Bulk SHALL HAVE NO LIABILITY WITH RESPECT TO Shirts In Bulk OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Shirts In Bulk HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF Shirts In Bulk HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY Shirts In Bulk AS A DIRECT RESULT OF THIS AGREEMENT.
Shirts In Bulk SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE Shirts In Bulk AFFILIATE PROGRAM OR ANY INFORMATION PROVIDED ON THE Shirts In Bulk WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Shirts In Bulk OR A Shirts In Bulk AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Shirts In Bulk'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
Shirts In Bulk agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to Shirts In Bulk's negligence or willful misconduct in performance of the Services or its breach of this Agreement.
Shirts In Bulk acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. Shirts In Bulk agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of Shirts In Bulk, that becomes available to Shirts In Bulk from third parties without knowledge by Shirts In Bulk of any breach of fiduciary duty, or that Shirts In Bulk had in its possession prior to the date of this Agreement.
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Shirts In Bulk provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of Shirts In Bulk, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain Shirts In Bulk sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
Shirts In Bulk may immediately terminate Your license to use the marks if Shirts In Bulk reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by Shirts In Bulk above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge Shirts In Bulk ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of Shirts In Bulk.
Affiliate or Shirts In Bulk may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder 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 such party.
This Agreement shall be governed by Pennsylvania, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Illinois, USA and You consent to such jurisdiction.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.