AFFILIATE AGREEMENT
This agreement
describes the entire terms and conditions for participation in the FFA
Storm.com Affiliate Program. In this agreement, the term
"Participant" refers to you (the applicant), and "sponsoring web
site" refers to the web site from which you will link to us.
FFA Storm.com
is the sole and exclusive owner of all right, title and interest including all
intellectual property rights in and to the contents, logos, style, design, look
and feel, trade names, trademarks to all literary works, computer software
programs, products, goods and services (including and all future versions
thereof) currently entitled the ("Product"). Product refers to the
singular as well as the plural.
You can add
or remove links any time you wish:
You may add as
many links to our site, or remove such links, at any time and without prior
approval from FFA Storm.com.
Affiliate
Sales Commissions:
If, as a result
of a direct advertising effort of the Affiliate, a referred customer of the
Affiliate orders and pays for the Product or other goods or services sold by
FFA Storm.com in the future, FFA Storm.com shall pay the Affiliate a sales
commission determined in accordance with the Affiliate Compensation Schedule
which is set forth in this Agreement and which forms an integral part of it.
The commission is based upon the paid selling price of the purchased goods or
services before tax and excluding returns ("Sales Commission").
The purchase
price of qualifying sales will count toward the total sales during the calendar
month in which such sales are made. Only qualifying sales of the Product, to a
customer and for which FFA Storm.com has received full payment will qualify for
the specified referral fee.
The total of
such sales in any given month will generate commissions, based upon the
following schedule:
FFA Storm sends
out commission checks in the amount of $6.00 on any $11.95 first tier sales
or $7.00 on any $14.95 first tier sales, on the third week of every month,
on all sales made between the first and last day of the previous month.
FFA Storm.com
Amounts less than $25.00 will be held until the next calendar month in which
the cumulative referral fee due exceeds $25.00, or until this agreement is
canceled.
Participant can
check the status of commissions earned at any time by visiting the site at
the link provided on our site. Please be aware our commissions script may
not reflect correct numbers due to many factors such as refunds, non-recurring
customers, script errors, etc. Please refer to the FFA Storm administrators
via email to get the exact commissions numbers you've earned.
If a refund is
requested by a customer on a qualifying sale, its referral fee will be deducted
from the next monthly payment sent to the Participant. If there is no next
monthly payment, the Participant will be billed.
Delivery and
Order Processing:
FFA Storm.com
will be solely responsible for processing every order placed by a customer
following a special link from the sponsoring web site. Order forms, payment
processing, shipping, cancellations, returns, and related customer service are
the responsibility of FFA Storm.com.
All of the
rules, operating procedures and policies of FFA Storm.com regarding customer
orders and accounts will apply to orders we receive through special links on
your sponsoring web site. FFA Storm.com reserves the right to reject any order
at its sole discretion.
Copyrighted
Material:
The participant
is solely responsible for ensuring that your reviews and descriptions comply
with all applicable copyright and other laws and shall hold FFA Storm.com harmless
for any violations thereof.
Customers of
FFA Storm.com:
Every customer
who purchases a product is deemed to be a customer of FFA Storm.com. FFA
Storm.com is not responsible for any representations made by the Participant
which contradict our policies.
Pricing and
Availability:
All prices
shall be established by FFA Storm.com. In case of any price discrepancies, the
price charged to the customer will always be the price listed on the web page
linked from your sponsoring web site.
Operation of
Web site and Processing:
FFA Storm.com
will make all reasonable efforts to keep its web site operational. However,
certain technical difficulties may, from time to time, result in temporary
service interruptions. FFA Storm.com shall not be liable for any of the consequences
of service interruptions, which may occur.
Modification
and Cancellation:
FFA Storm.com
reserves the right to change any of the terms and conditions in this agreement,
at any time and in its sole discretion, by posting said new terms on this web
site. Said modifications shall be deemed accepted by participant.
Independent
Contractors:
Participant of
FFA Storm.com's affiliate program are independent contractors and nothing in
this agreement is intended to or will create any form of partnership, joint
venture, agency, franchise, sales representative or employment relationship
between the parties.
Term and
Termination
The term of
this Agreement will begin when you accept and will end when terminated by
either party. Either FFA Storm.com or you may terminate this Agreement at any
time, with or without cause, by giving the other party written notice of
termination. Upon the termination of this Agreement for any reason, all
licenses granted hereunder shall immediately terminate and you will immediately
cease use of, and remove from Affiliate's Web Site, all links to the FFA
Storm.com Site, and all FFA Storm.com trademarks and logos, other FFA Storm.com
Marks and all other materials provided in connection with this Agreement.
We may reject
your application or terminate you if we determine (in our sole discretion) that
your site is unsuitable for the Program for any reason, including, harmful,
threatening, defamatory, obscene, sexually explicit harassing, or racially,
ethically, or otherwise objectionable, such as sites that:
Promote
sexually explicit materials;
Promote
violence;
Promote
discrimination based on sex, religion, nationality, disability, sexual
orientation, or age;
Promote illegal
activities; or
Infringe or
otherwise violate any copyright, trademark, or other intellectual property
rights.
Compliance
with Applicable Laws
You are solely
responsible for the accuracy and appropriateness of all materials posted on
Affiliate's Web Site, and for ensuring that your activities and materials
posted on Affiliate's Web Site are not defamatory, in violation of copyright
laws or otherwise illegal. You agree to indemnify and hold FFA Storm.com
harmless for any violations of the foregoing. FFA Storm.com disclaims all
liability for these matters.
Limitations
of Liability
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, FFA Storm.com WILL NOT BE
LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY
CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE
THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR
ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF FFA Storm.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL FFA Storm.com'S
CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT,
WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND
STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL
FEES PAYABLE TO YOU UNDER THIS AGREEMENT.
Disclaimers
We make no
express or implied warranties or representations with respect to the Affiliate
Program or your potential to earn income from the Affiliate Program. In
addition, we make no representation that the operation of our site or the
Affiliate Sites will be uninterrupted or error-free, and we will not be liable
for the consequences of any interruptions or errors.
Mediation
& Arbitration
If a dispute
arises under this agreement, we agree to first try to resolve it with the help
of a mutually agreed-upon mediator in the following location: Clark County. Any
costs and fees other than attorney fees associated with the mediation will be
shared equally by each of us.
If it proves
impossible to arrive at a mutually satisfactory solution through mediation, we
agree to submit the dispute to binding arbitration at the following location:
Clark County, under the rules of the American Arbitration Association. Judgment
upon the award rendered by the arbitration may be entered in any court with
jurisdiction to do so. Mediation will be shared equally by each of us.
Miscellaneous
Entire
Agreement. This Agreement constitutes and contains the entire agreement between
the parties with respect to the subject matter hereof and supersedes any prior
oral or written agreements. This Agreement may not be amended except in writing
signed by the parties. Each party acknowledges and agrees that the other has
not made any representations, warranties or agreements of any kind, except as
expressly set forth herein.
Assignment. You
may not assign your rights or obligations under this Agreement to any party.
Applicable Law.
This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Washington without regard to the conflicts of laws, rules and
principles thereof.
Severability.
If any provision of this Agreement is held to be invalid or unenforceable, that
provision shall be eliminated or limited to the minimum extent necessary such
that the intent of the parties is effectuated, and the remainder of this
agreement shall have full force and effect.
Notices. Any
notice required under this Agreement may be given by email, fax or written
letter to the number or address you provide.
You acknowledge
that you have read this agreement and agree to all its terms and conditions.
You have independently evaluated this program and are not relying on any
representation, guarantee or statement other than as set forth in this
agreement.
Affiliate Agreement
Privacy Policy
Subscriber Agreement