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Affiliate Agreement
www.ThatsMyShot.com
New Affiliate Program Terms and
Conditions. This Agreement contains the terms and conditions
that apply to your participation as an affiliate member of
www.ThatsMyShot.com (the "Merchant Web Site"), which is a web
site owned and/or operated by That's My Shot, Inc. a
North Carolina
Corporation.
This Agreement is between
www.ThatsMyShot.com and You and is effective on the date you
accept the terms and conditions set forth herein (the
"Effective Date"). Each www.ThatsMyShot.com (the "Merchant")
and you (the "Affiliate") are parties to agreements with
www.ThatsMyShot.com and are participants in the
www.ThatsMyShot.com Affiliate Program.
This Agreement provides terms and
conditions that are in addition to any terms and conditions
that you have agreed to pursuant to your agreement with
www.ThatsMyShot.com. BY CLICKING ON THE "JOIN PROGRAM" BUTTON
AND RECEIVING LINKS TO THE MERCHANT WEB SITE YOU ARE
CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN
THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS
AND CONDITIONS SET FORTH HEREIN, DO NOT CLICK THE "JOIN
PROGRAM" BUTTON.
1. True and Complete Information.
Affiliate represents and warrants that all information
provided by Affiliate in connection with becoming an
affiliate of Merchant is true and complete. If Merchant
determines that any information provided by Affiliate is not
true and complete, Merchant may immediately terminate
Affiliate's participation with respect to the Merchant Web
Site.
2. Suitability of Affiliate Web Site(s).
Affiliate represents and warrants that neither its web
site(s) nor any content thereon (a) infringes on any third
parties intellectual property, publicity, or privacy rights;
(b) violates any law or regulation; (c) is threatening,
defamatory, obscene, harmful to minors, or contains nudity
or pornography; (d) contains any viruses, Trojan horses,
worms, time bombs, cancelbots, or other computer programming
routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept, or expropriate
any system, data, or personal information; (e) is materially
false, inaccurate, or misleading; (f) promotes violence; (g)
promotes discrimination based upon race, sex, religion,
nationality, disability, sexual orientation or age; (h)
promotes the use of bulk e-mail or spam; (i) promotes the
use of pyramid schemes; or (j) promotes gambling, sports
betting or touting.
3. Operation and Maintenance of the
Merchant Web Site.
Affiliate acknowledges and agrees that Merchant will accept
or reject, in its sole and absolute discretion, all orders
by customers for merchandise placed on or through the
Merchant Web Site. Affiliate acknowledges and agrees that (i)
Affiliate does not have any authority to make or accept any
offer or commitment on behalf of Merchant, and (ii) Merchant
is solely responsible for all pricing, merchandising, order
processing, order fulfillment, shipping, returns and all
other aspects of the Merchant Web Site and the sale of
merchandise thereunder. All personal information obtained
through customers use of the Merchant Web Site shall be the
exclusive property of Merchant and its applicable Retail
Partners.
4. Commissions & Payment.
You will receive 10% of the revenue as a commission from
orders placed through your Affiliate Site (unless noted
otherwise for a particular product). For a sale to generate
a commission to an Affiliate, the customer must complete the
order form and remit full payment for the product ordered.
Commissions will only be paid on sales which are made
through qualified Affiliate links.
That's My Shot, Inc.will send a check for the
applicable commissions. If any order that generated a
referral fee is returned by the customer, or if there are
any returned checks or charge backs, the amount will be
deducted by www.ThatsMyShot.com from the next payment due
affiliate.
5. Responsibility for Affiliate URLs.
www.ThatsMyShot.com will create a unique URL for you when you
submit a complete Affiliate Enrollment Form. The Affiliate
will be solely responsible for the development, operation,
and maintenance of all URLs that are linked to the Merchant
Web Site and for all materials that appear on such URLs. The
Affiliate acknowledges and agrees that it shall be
responsible for complying with the terms hereof and the
terms of its agreements with www.ThatsMyShot.com.
6. Affiliate Indemnification.
The Affiliate, at its own expense, will indemnify, defend
and hold harmless, each of the Merchant Parties against any
claim, suit, action, judgment, liability, loss, cost,
expenses and other damages, including reasonable attorney's
fees, based upon or in connection with (i) any breach or
alleged breach of Affiliate's representations and warranties
here under, (ii) the failure to comply with or perform any
obligation or agreement of Affiliate here under, or (iii)
the Affiliate's web site(s) and/or any content or other
materials displayed or contained thereon, including but not
limited to claims of infringement.
7. Term of the Agreement.
This Agreement shall begin on the Effective Date and shall
terminate on the date Affiliate is no longer an Affiliate of
Merchant pursuant to the That's My Shot, Inc. Program. Merchant may
terminate this Agreement at any time and for any reason by
providing notice to Affiliate in accordance with the
That's My Shot, Inc. Program. Merchant may terminate this Agreement
immediately, without notice, if Merchant determines, in its
sole discretion, that the Affiliate has breached this
Agreement or that Affiliate's web site(s) are unsuitable to
participate as an Affiliate of Merchant.
8. Modification of Agreement.
Merchant reserves the right to modify this Agreement upon no
less than 14 days notice to the Affiliate. IF ANY
MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATE'S SOLE
RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATE'S
CONTINUED PARTICIPATION AS AN AFFILIATE OF MERCHANT
FOLLOWING THE MODIFICATION OF THIS AGREEMENT SHALL
CONSTITUTE ACCEPTANCE OF SUCH MODIFICATION BY AFFILIATE.
9. Independent Contractors.
Merchant and Affiliate are independent contractors and
nothing in this Agreement or the www.ThatsMyShot.com Program
is intended to or will create any form of partnership, joint
venture, agency, franchise, sales representative, or
employment relationship.
10. Assignment.
The Affiliate may not assign any of its rights or delegate
any of its obligations under this Agreement, by operation of
law or otherwise, without Merchants'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.
11. Entire Agreement.
This Agreement and the affiliate agreement that the
Affiliate has entered into with www.ThatsMyShot.com as part
of the That's My Shot, Inc. Program represents the complete
agreement and understanding between the parties and
supersedes any other oral or written communications or
understandings between the parties regarding the subject
matter hereof. No amendment or modification to this
Agreement will be binding upon Merchant unless agreed to by
an authorized representative of Merchant.
12. You may
NOT include our link in any unsolicited or spam Postings.
This would result in termination of your affiliate account.
By clicking Join Program, I agree that I have read and
accept all of the Terms and Conditions as set forth in the
Affiliate Program Agreement above. |