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Affiliate Program Terms and Conditions This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Hall of Names Affiliate Program (the "Program"). As used in this Agreement, "we" means Hall of Names, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Hall of Name's site located at the URL www.traceit.com, or to any site that you will link to our site (and which you will identify in your Program application). 1.Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application
via our site. We will evaluate your application in good faith and will
notify you of your acceptance or rejection. We may reject your application
if we determine (in our sole discretion) that your site is unsuitable for
the Program.
2.Links on Your Site Once you completed the signup form and agreed to the terms of service, you may provide a product link on your site. We will provide you with guidelines and graphical artwork to use in linking to our page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link format 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 special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will only earn referral fees with respect to activity on our site occurring directly through Special Links: we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement. 3.Order Processing We will process Product orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products using Special Links from your site to our site and will make available to you reports summarizing this sales activity. 4.Referral Fees We will pay you referral fees on Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must follow a Special Link from your site to our site, select and purchase the Product using our automated ordering system, accept delivery of the Product at the shipping destination, and remit full payment to us. 5. Referral Fee Payment
"Qualifying Revenues" are revenues derived
by us from sales of Products generated via your "Special Link", excluding
cost for special shipping, handling, taxes, service charges, and bad debt.
6.Policies and Pricing Customers who buy products through this Program will be deemed to be customers Hall of Names. Accordingly, all Hall of Names rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. 7.Identifying Yourself as an Affiliate We will make available to you a small graphic images that identifies your site as a Program participant. You must display this logo somewhere on yoursite. We may modify the text or graphic images of this notice from time to time. 8.Limited License We grant you a nonexclusive, revocable right to use the graphic images and text described in Section 7 , 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 images or text, in any way. We reserve all of our rights in the graphic images and text. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. 9.Responsibility for Your Site You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. 10.Term of the Agreement The terms of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or Hall of Names 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, you will immediately cease use of, and remove from your site, all links to our site, and all Hall of Names 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. You are only eligible to earn referral fees on our sales of Products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. 11.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 our site. Modifications may include, for example, changes
in the scope of available referral fees, referral fee schedules, payment
procedures, and Programrules.
12.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. Affiliate
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