| Please read the agreement document
below before registering.
I accept these terms and wish to register.
1) Term of the Agreements: The term of this Agreement
will begin upon our acceptance of your Affiliate application and will end
when terminated by either party. Either you or we may terminate this
Agreement at any time, with or without cause, by giving the other party
written notice of termination. You are only eligible to earn referral fees
on sales occurring during the term.
2) Modification: We may modify any of the terms and
conditions contained in this Agreement, at any time and in our sole
discretion, by posting a change notice or a new agreement on this site.
Modifications may include, for example, changes in the scope of available
referral fees, fee schedules, payment procedures and Program rules. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE
THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR
POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE
BINDING ACCEPTANCE OF THE CHANGE.
3) Limitation of Liability: We will not 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 we have been advised of the possibility of such damages. Further,
our aggregate liability arising with respect to this Agreement and the
Program will not exceed the total referral fees paid or payable to you
under to this Agreement.
4) Independent Investigation: YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU
UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT
CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS
AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF
PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
5) Miscellaneous: This Agreement will be governed by
the laws of the United States and the State of California, 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 Redding,
California, and you irrevocably consent to the jurisdiction of such courts.
You may not assign this Agreement, by operation of law or otherwise,
without our prior written consent. Subject to that restriction, this
Agreement will be binding on, inure to the benefit of and be enforceable
against the parties and their respective successors and assigns. Our
failure to enforce your strict performance of any provision of this
Agreement will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this Agreement.
6) Linking: You agree to display the Link Materials appropriately
on your Web site and to respect our trademarks, service marks, and other rights
in the Link Materials. You will use only these Link Materials to link your Web
site to ours, and You will not alter the look or feel of these Link Materials or
of our Web site in any way. You will use reasonable efforts to update to new
versions of Link Materials as we make them available.
7) Paying Commission:For a sale which we make as a result of a
direct referral by an affiliate, that affiliate will receive a commission fee of
5% of the Total (minus shipping/handling and taxes). A commission will only be
credited to an affiliate after the customer has made full payment to company. If
a customer later requests a refund or a chargeback is issued by the credit card
holder whose credit card was used to pay for that customer's account, any
commissions that were credited to both first tier and second tier affiliates
will be deducted from the next monthly payment. If there is no next monthly
payment, the affiliate will be billed and hereby agrees to be bound by law to
reimburse LensPlus in full for any such commissions. Payments will be issued
via check only, made payable to the affiliate in the name the affiliate submits
in his or her online registration, and mailed to the mailing address provided by
the affiliate. Affiliates must have accumulated commissions of at least $20
for a given payment period before a check will be issued. If commissions are
less than $20 for a given month, the commisions will be held over till the next
month. This will continue until the commissions accumulate to more than $20.
Checks are mailed shortly after the 1st of every month for payments due up to
that point in time. LensPlus will not entertain any requests for different
payment modes or payment to be made according to some other time schedule. It is
the sole responsibility of affiliates to keep LensPlus updated via their private
affiliate's administration area of any changes in contact information. If a
payment fails to reach an affiliate due to an affiliate's failure to update
contact information, LensPlus reserves the right the consider the commission as
being paid and is not bound to issue a second payment for that commission in
question.
8) Criteria: LensPlus reserves the right to only accept companies as
affiliates as they deem appropriate. Any companies related to pornography or
spam will not be considered or approved.
8) Relationship of Parties: You and we are independent contractors,
and nothing in this Agreement will create any partnership, joint venture,
agency, franchise, sales representative, or employment relationship between the
parties. You will have no authority to make or accept any offers or
representations on our behalf. You will not make any statement, whether on your
site or otherwise, that reasonably would contradict anything in this Section.
LensPlus may cite your name or URL in connection with your participation in the
program in materials including but not limited to postings on our site,
newsletters, advertisements, and other communications.
I accept these terms and wish to register.
|