Gift Certificates
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Affiliate Agreement The following are the terms and conditions for participation in the Suttons Bay Trading Company, Inc. Associate Program. "Associate" refers to you, and "SBTC" refers to Suttons Bay Trading Company, Inc., located at 2323 Southyard Court, Fort Wayne, Indiana, 46818. The relationship between SBTC and Associate established by this Agreement is that of independent contractors. SBTC and Associate shall each conduct its respective business at its own initiative, responsibility, and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein. Term "Associate" shall not be interpreted as a legal partner or associate, simply as an independent contractor for SBTC under this agreement. This agreement remains in effect until cancelled by either party. Payment of the final commission payment to the Associate may be withheld for 30 days in order to ensure that the correct amount is paid. SBTC will make every reasonable effort to track and pay commissions for all sales that apply to Associate. However, SBTC is not responsible for technical problems, acts by third parties, or other events outside our reasonable control, which may temporarily disrupt or diminish service. Payments and Commissions: SBTC will pay the Associate a 5% commission of all merchandise sold (excluded are shipping & handling costs and taxes) generated by a visitor from Associate's web site using their unique Associate ID code. Associate commissions will be paid by check approximately the 15th day of every month if a minimum $50.00 commission has been reached. If the commission does not exceed $50.00, SBTC reserves the right to hold payment until commissions accumulate to $50.00. Although the Associate Program is not limited to the United States, all payments will be made in US dollars. Countries outside the USA can request payment by international money order, but there will be a $4 surcharge per money order. SBTC reserves the right to modify the payment schedule as long as prior notice is posted here. It is understood that if a qualifying sale is canceled or refunded, or a credit card is rejected, the related commission will be deducted from future monthly commissions. Associates are NOT employees of SBTC and are responsible for their own local, state, or country taxes. All Associate applications are subject to approval by SBTC. Both SBTC and the Associate reserve the right to terminate this agreement at any time. If canceled, outstanding commissions for the current sales period at time of cancellation shall be paid in the next monthly payment so long as rules of this agreement were not violated by the Associate. Your Associate Link: You will be issued an "Associate Link" (or unique URL-ID) which allows SBTC to identify visitors from your site as originating from you. These visitors are tracked with this unique URL-ID and sales are recorded under your Associate ID. To receive commissions, you must use the provided Associate link. The link may be in various forms such as a banner, image, or text link. SBTC reserves all rights in or to its trademarks and service marks but may be used by Associate in accordance with this agreement. Associate may in no way display an SBTC logo, image, or trademark, which may be distasteful, defame, or misrepresent SBTC. Associate shall not misrepresent SBTC products graphically, verbally, or in writing. Associate is solely responsible for insuring the Associate Link is set up and maintained properly to qualify for commissions. No SPAM policy: Associate agrees not to send unsolicited mail or SPAM mail to promote any SBTC products. This action will result in immediate termination of your account with a cancellation of any pending commissions. Associate will also be in violation of the SBTC Agreement and may be subject to legal action. Prohibited Sites: SBTC does not partner with sites that promote sexually explicit material or violence, and/or discrimination based on race, sex, religion, national origin, or physical disability. Sites that promote illegal activities shall not be acceptable. Do not bother to apply if your site promotes these kinds of activities. By applying, you are stating that your Site does not and will not directly promote or endorse these activities. Confidentiality: To protect SBTC customer privacy, we cannot provide identifying customer names and contact information to Associates. Liability: SBTC shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if SBTC has been advised of the possibility of such damages. SBTC aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by SBTC under this agreement. Associate understands that Associate tracking can never be 100% accurate and SBTC is not responsible for inaccuracies that might occur beyond its control. It is the goal of SBTC to make Associate tracking as accurate as possible; however, SBTC cannot make guarantees regarding issues beyond its control. Changes: SBTC may modify any terms or conditions in this agreement at any time by posting a change notice on this site. Your continued participation in the SBTC Associate Program following such posting of a change notice will constitute binding acceptance of that change. Disclaimer: SBTC makes no warranties expressed or implied with regard to Associate Program except as outlined in this agreement. Governing Law: This agreement shall be governed by the laws of the State of Indiana and the United States of America. |
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