BeerBooks.com Affiliate Agreement
1. Enrollment and Approval
To apply to become a BeerBooks.com Affiliate, you will complete our on-line application. We reserve the right to reject any applicant websites at any time if, in our sole discretion, such websites contain material that we deem inappropriate for Affiliate status. You will be notified via email of any such rejection, and agree to remove any and all links to BeerBooks.com from your website within 24 hours of such notification.
BeerBooks.com will provide you with graphic and textual links, and their corresponding HTML, in order to properly link from your website to BeerBooks.com. Such links will be hereinafter known as "Affiliate Links." You may place an Affiliate Link to any portion of our site, i.e. the Home Page, any Sub-Category, any Individual Product, or the Search Engine. Affiliate Links should be placed in prominent locations in your site. You may place your Affiliate Links on as many different pages as you wish. You may also build your Affiliate Links directly into your website's main menu(s) without specific mention of BeerBooks.com. In other words, you are free to use text links which simply state "Book Store" or "Beer Books" or any other appropriate text. The use of graphic links, however, should be limited to the selection of graphics offered to you at the BeerBooks.com Affiliate Page on-line. You may periodically be required, upon our request, to replace old graphics with newer graphics. Such requests, if made, will be infrequent, and only made if deemed fully necessary.
3. Responsibilities of BeerBooks.com
a. BeerBooks.com will provide all necessary HTML code and graphic material necessary for you to establish Affiliate Links to BeerBooks.com.
b. BeerBooks.com will track and record all traffic and sales that result from your Affiliate Links to BeerBooks.com, and will make that information available to you via an on-line, password-protected format.
c. BeerBooks.com will periodically pay commissions to you based on sales generated by your Affiliate Links to BeerBooks.com (see Items 4, 5 and 6 below).
d. BeerBooks.com will process all acceptable orders for merchandise, and will be responsible for all activities related thereto.
4. Commission Qualification
To qualify for a commission, products must be 1) purchased by a customer who entered the BeerBooks.com store via an Affiliate Link on your website, 2) paid for in full by acceptable methods, 3) shipped by us or our agent, and 4) not returned for refund within 30 days of receipt by the customer. If a customer leaves BeerBooks.com or otherwise becomes disconnected from our website before completing a purchase, but then returns to complete a purchase within 30 days of the initial link, the purchase will remain commissionable to the referring Affiliate only if the purchaser's web browser has retained the "cookie" that was issued at the time of his initial visit and identifies the purchaser as having been initially referred to BeerBooks.com by your Affiliate Link.
All items available for purchase in our store may qualify for commissions. The amount of the commission will be based on the aggregate total of the actual purchase price paid to us for merchandise (herein after referred to as "Net Sales"), and will exclude amounts paid to us for taxes, duties, shipping, handling, gift wrapping, packing materials, credit card fees, and similar charges not arising from the sale price of the merchandise itself.
5. Commission on Gift Certificates
Commission on Gift Certificates will be paid only on the purchase of the initial Gift Certificate and not on the subsequent redemption of the Gift Certificate, even if the redeemer has entered BeerBooks.com via an Affiliate Link.
6. Commission Payment
Commissions will be posted to your account on a quarterly basis, on or about the following dates: March 31st, June 30th, September 30th, and December 31st. The Affiliate may choose to have his payments made via PayPal, BeerBooks.com Gift Certicate, or Check. The Affiliate may change his method of payment for any current or future periods by logging on to the Affiliate Manager and making the appropriate change to his account information. Affiliates who choose PayPal or Gift Certificate as their payment option will have their affiliate commissions paid according to the above-stated schedule regardlesss of the amount of the commissions for that period. Affiliates who choose Check as their payment method will be paid according to the above-stated schedule, but only after the total amount of accumulated unpaid commissions has reached or exceeded $20.00. If an affiliate's accumulated unpaid commissions total less than $20.00 at the close of any period, his commissions will be carried foreword to the next payment period, until a total of $20.00 or more in accumulated unpaid commissions has been reached, at which time payment will be issued for the entire amount of accumulated, unpaid commissions.
7. Limited License
BeerBooks.com grants the Affiliate a non-exclusive, non-transferable, revocable license to display our logo on the Affiliate website, and to place a link from that website to BeerBooks.com, for the sole purpose of acting as an Affiliate of BeerBooks.com as described in the terms of this Agreement. Any use of logos and/or links for any purpose not provided for in the terms of this Agreement is strictly prohibited.
8. Affiliate Responsibilities
a. The Affiliate hereby agrees be solely responsible for the development, operation, maintenance and content of the Affiliate website.
b. The Affiliate hereby agrees that the contents of the Affiliate website does not include illegal material and does not infringe upon or violate the rights of any third party.
c. The Affiliate hereby agrees to indemnify and hold BeerBooks.com harmless against all claims, damages or expenses relating to the development, operation, maintenance, and contents of the Affiliate website.
d. The Affiliate agrees that his Affiliate website will not be presented as a part of the BeerBooks.com website, but rather only as an affiliate website, independent of BeerBooks.com.
e. The Affiliate agrees that, except as otherwise stated in this Agreement, he may not post proprietary material from the BeerBooks.com website without prior written permission.
9. Term of The Agreement
The term of this Agreement will begin upon BeerBooks.com's acceptance of your Affiliate Application and will end when terminated by either party. Either party may terminate this Agreement, with or without cause, at any time by written or email notice of termination to the other party. Once the Agreement has been terminated, Affiliate agrees to remove any and all links from his website(s) to BeerBooks.com within 24 hours of such termination.
BeerBooks.com may modify the terms of this Agreement at any time in our sole discretion. You will be notified via email of any such changes. Your continued participation in the Affiliate Program will constitute your acceptance of any such modifications. Termination of your Affiliate Agreement will be your sole recourse if you are not in agreement with any modifications.
11. Relationship of Parties
BeerBooks.com and the Affiliate are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate will have no authority to make or accept any offers or representations on BeerBooks.com's behalf. Similarly, BeerBooks.com will have no authority to make or accept any offers or representations on the Affiliate's behalf.
12. Limitation of Liability
Neither the Affiliate nor BeerBooks.com will be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if BeerBooks.com has been advised of the possibility of such damages. Further, the Affiliate's aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to the Affiliate under this Agreement.
13. Independent Investigation
BOTH PARTIES ACKNOWLEDGE THAT THIS AGREEMENT HAS BEEN READ AND EACH PARTY AGREES TO ALL ITS TERMS AND CONDITIONS.
This Agreement will be governed by the laws of the United States and the State of Ohio, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Cleveland, Ohio, and the Affiliate irrevocably consents to the jurisdiction of such courts. The Affiliate may not assign this Agreement, by operation of law or otherwise, without BeerBooks.com'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.