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Affiliate Agreement
This agreement contains the complete terms and
conditions that apply to an individual’s or entity’s
participation in the Cebuanas.com Affiliate Agreement
(referred further to as "Program"). As used in this
Affiliate Agreement (further referred to as
'Agreement'), "we" and “us” means Cebuanas.com and "you"
means the applicant.
1. Eligibility
To become an affiliate of Cebuanas.com, you must submit
a complete Program application via our site. . Your
account is active immediately. You will also receive a
piece of HTML which you need to include to your site(s)
page(s).We will evaluate your application in good faith
and will notify you of your acceptance or rejection. We
may reject your application if we decide (at our sole
discretion) that your site is unsuitable for the
Program. Some reasons to not be accepted are;
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Promote violence;
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Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age;
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Promote illegal activities;
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Attempt to copy and/or assume the creative or business identity of
Cebuanas.com in any manner; and/or,
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Otherwise violate intellectual property rights.
You should also note that if we accept your application and at a
later stage decide, at our sole discretion, that your site is unsuitable
for the Program, we may terminate this Agreement at any time.
2. Links on Your Site
To permit accurate tracking and reporting, we will provide you with a
unique tracking link to be used in all links between your site and our
site. You must ensure that each of the links between your site and our
site properly utilizes such affiliate link formats. Links to our site
placed on your site pursuant to this Agreement and which properly
utilize such affiliate link formats are referred to as "affiliate
links". You will only earn referral fees with respect to activity on our
site occurring directly through affiliate links. We will not be liable
to you with respect to any failure by you to use affiliate links,
including to the extent that such failure may result in any reduction of
amounts that would otherwise be paid to you pursuant to this Agreement.
3. Referral Fees
We will pay you referral fees for sending Cebuanas.com eligible paying
members. The current size of first-level referral fees is 30% and
second-level referral fees is 10% from Cebuanas.coms’ net income from the
purchase. For a product sale to be eligible to earn a referral fee, the
customer must follow an affiliate link from your website to our Site,
register as a member and make a purchase through the website.
4. Referral Fee Payment
Referral fees are paid in US Dollars. Your referral fee will be paid to
you once a month by the company check by Cebuanas.com.
Approximately 30 days following the end of each calendar month, we will
send you a payment for the referral fees earned on your referrals of
eligible paying members to Cebuanas.com. You shall remit the taxes as
required by law.
5. Limited License
We grant you a non-exclusive, revocable right to use the graphic images
and texts provided for Affiliates on the Affiliates Web Site and such
other images for which we grant express permission, solely for the
purpose of identifying your site as a Program participant and to assist
in generating product sales. You may not modify the graphic image or
text, or any other of our images, in any way. You may create your own
images to promote the Program. We reserve all of our rights in the
graphic images and texts, any other images, our trade names and
trademarks, and all other intellectual property rights. We may revoke
your license at any time by giving you written notice.
6. Restriction on promotional means
You are prohibited from using any means that in any way deceit the
Internet user. Below is the incomplete list of methods that are
prohibited to use in promoting the Program:
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unwelcome email (spam);
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crossposting;
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mousetraps;
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respawning windows.
Account using those and other deceitful techniques, determined at the
sole discretion of Cebuanas.com, will be suspended without notice and
all the payment withheld.
7. Responsibly of Affiliates
You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your site.
Without limiting the foregoing, you will be solely responsible for:
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The technical operation of your site and all related equipment
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The accuracy and appropriateness of materials posted on your site
(including, among other things, all product-related materials)
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Ensuring that materials posted on your site do not violate or
infringe upon the rights of any third party (including, for example,
copyrights, trademarks, privacy, or other personal or proprietary
rights)
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Ensuring that materials posted on your site are not libelous or
otherwise illegal. We disclaim all liability for these matters.
Further, you will indemnify and hold us harmless from all claims,
damages, and expenses (including, without limitation, attorneys' fees)
relating to the development, operation, maintenance, and contents of
your site.
8. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your
Program Application and will end when terminated by either party. Either
you or we may terminate this Agreement at any time, for any reason, by
giving the other party written notice of termination. Upon the
termination of this Agreement for any reason, you will immediately cease
use of, and remove from your site, all links to our site, and all
Cebuanas.com trademarks, trade dress and logos, and all other materials
provided by or on behalf of us to you pursuant hereto or in connection
with the Program. We may withhold your final payment in a case of the
breach of this Agreement.
9. Modification
We may modify any of the terms and conditions contained in this
Agreement, at any time and at our sole discretion, effective by posting
on the Site. Modifications may include, for example, changes in the size
of available referral fees, referral fee schedules, payment procedures,
and Program rules. Your continuous promotion of the Program will imply
your agreement with such modification. If you disagree with such
modifications, you must immediately discontinue your participation in
the Program and remove and remove from your site, all links to our site,
and all Cebuanas.coms' trademarks, trade dress and logos, and all other
materials provided by or on behalf of us to you pursuant hereto or in
connection with the Program.
10. 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.
Cebuanas.com may use 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.
11. Limitation of Liability
Cebuanas.com 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 this Agreement.
12. Disclaimer
We make no express or implied warranties or representations with respect
to the Program or any services provided through the Site (including,
without limitation, warranties of usability, accuracy, timeliness, or
fitness for a particular purpose). In addition, we make no
representation that the operation of our site will be uninterrupted or
error-free, and we will not be liable for the consequences of any
interruptions or errors.
13. Other rights
All rights that are not granted herein are reserved.
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