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Affiliate Agreement This Agreement contains the terms and conditions that apply to a participant in the Avian Booksellers Network (the "Program"). As used in this Agreement, "we"/"our/"us," means Avian Publications and "you"/"your" means the "Affiliate/Applicant," "site" refers to a World Wide Web site. To begin the enrollment process, you will submit a complete Affiliate Application form. We will evaluate your Application in good faith and will notify you of your acceptance or rejection, usually within 24 hours. We may reject your Application if we determine, in our sole discretion, that your site is unsuitable for the Program. Unsuitable sites include, for example, sites that:
We grant you a non-exclusive, revocable right to use our present banners and other such images for which we grant expressed permission, for the purpose of identifying your site as a Program participant and linking to our site. You may not modify the banners or any of our images in any way without our expressed permission. We reserve all of our rights to our trade names and trademarks and all other intellectual property rights. Spam (Unsolicited E-mail) We will not tolerate the sending of unsolicited bulk e-mails which promote, or make reference to your company, any of its associated companies, partners, or employees, or your web site. Other prohibited forms of advertising include postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, Affiliates may not advertise in any way that effectively conceals or misrepresents their identity, their domain name, or their return e-mail address. Any Affiliate who, in our opinion, breaches this ruling will have his/her Affiliate status cancelled immediately and any and all outstanding commissions WILL BE FORFEITED. Stay safe — don't spam. We will NOT revoke Affiliate status to avoid payment of owed or future commissions. Unprofessional Conduct Avian Publications and its associated companies operate with the strictest codes of professional conduct. Any Affiliate who brings Avian Publications or its associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their Affiliate status cancelled and any outstanding commissions WILL BE FORFEITED. We reserve the right to reject any Affiliate Application if, in our opinion, that person or company violates established laws or commonly held standards of decency. An Affiliate who ignores warnings to cease and desist any activities we deem negligent, inappropriate, or harmful to Avian Publications and/or other Affiliates will be terminated. Order Processing We will be solely responsible for processing every order for our products. Customers will use our secure online ordering process. Order forms, payment processing, shipping, cancellations, returns, and related customer service are our responsibility. All of our rules, operating procedures, and policies regarding customer orders and accounts will apply to orders we receive through special links on your site. We reserve the right to reject any order that does not comply with our rules, operating procedures, and policies. Every customer who buys a product through this Program is deemed to be a customer of ours. You do not have the authority to make or accept any offer on our behalf. All our policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. We are not responsible for any representations made by you which contradict our policies. See our "How to Order" page for our security, privacy, payment, shipping, and return policies. You CAN order our products for your OWN PERSONAL USE through YOUR Affiliate link! This, in effect, gives you a 15% "discount." If you are interested in purchasing an inventory of books at wholesale rates to resell at your location, please contact us. Tracking of Sales We will be solely responsible for tracking sales we make to customers who follow links from your web site. We use AffiliateShop to manage our Affiliate Program. Statements of your sales activity will be available to you in "real time" with a special URL that we assign to you, and will be accessible 24 hours per day and 7 days per week. You may access these stats via the Access ID and Password we assign. Only two entities may access your stats and Affiliate information. That would be you and us (Avian Publications). Links We will provide you with a unique identifying URL for you to use to link to the Avian Publications web site. Each sale or referral that is generated from this URL will be attributed to you. You will have access to your own private section to check your stats in real time. Your links to the unique URL can be text links or banner links, or a combination of the two, at your sole discretion. If you choose banner links, you must use our banners. We will provide you with a URL for all our banners, from which you can freely choose. You may add as many links to Avian Publications as you wish, or remove such links, at any time and without prior approval from us. Inactive Affiliates will be removed from participation in the Program. Inactive means little or no "click-throughs" via your banner/text links, as monitored via our Affiliate Program administrative panel, for a period of sixty (60) days, and/or, non-placement of Affiliate banners/text ads. We will contact you after thirty (30) days of "inactivity." Efforts will be made to help and encourage your participation in the Program. We will provide you with instructions on how to properly format the links. You are responsible for ensuring the links are formatted correctly. This will ensure accurate tracking of sales for credit to your account. Every effort will be made to ensure that our site is functional and available for customers referred to our site through your "affiliate link." We have NO responsibilities with regard to your site. Avian Publications shall have no liability for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or the Program. In addition, Avian Publication's aggregate liability arising under or with respect to this Agreement or the Program shall in no event exceed total referral fees paid or payable to the Affiliate under this Agreement. Commission and Payment We will pay you 15% of any and all purchases made by a customer referred by your "affilite link" through our banners or text links, not including any applicable sales tax and shipping charge. Minimum amount for payment is fifty dollars ($50). Any amount under this will be held in your account on an ongoing basis until the minimum for pay-out is reached. Payment will be made in the form of a bank check from us (Avian Publications), paid in U.S. dollars. Checks will be mailed within ten days of the first of the month for the prior month's sales. For example, commissions for sales made during May will be sent out on or before the 10th of June. We are not responsible for paying interest to Affiliates for accrued but not yet delivered commission payments. Payment will be made out to you and mailed, via U.S. postal mail, to the address you provide at sign-up. You will be able to modify your address and contact info via your private affiliate area. Any "refunds" to a customer referred through your "affiliate link" will be deducted from your "credited" commission/s. The majority of customers gladly accept replacement of products. Charge-backs, if any, will be deducted from your "credited" commissions. Terms of the Agreement The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and your placement of our banner(s) or text link(s) on your site and will end when terminated by either party. Either you or we may terminate this Agreement at any time, by giving the other party written notice of termination. This will be in the form of "e-mail." You can only earn refferal fees on sales occurring during the term. We will never withhold any payment due. Payment of monies owed you will be payable on the same schedule as stated above for commission payment. Upon termination of this Agreement, the former Affiliate must remove all Affiliate links and graphics from his/her web site, and refrain from publishing same in any manner whatsoever. Income Tax Liability You must understand and agree that you are acting as an independent contractor and as such will be responsible for your own income taxes and any other tax liabilities that affect the sales of our products in your state. By law, any commissions in excess of five hundred and ninty-nine ($599) dollars must be reported by us on a federal tax form. That's why we ask for your SSN (social security number) on the sign-up page. You will be sent this form and are required to sign and return it to us before any further payment to you can or will be made. 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 new Agreement on our site. Any modifications will ALSO be notified, by e-mail, to all participating Affiliates. If any modification is unacceptable to you, you may terminate this Agreement. Your continued participation in the Program following notification of our new Program will constitute binding acceptance of the change. 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 written here. Conflicts and Disputes As with any program, a conflict or dispute may occasionally arise due to tracking, orders, commission calculation, performance issues, and appeals regarding "termination for cause." Below is outlined who to contact and how to handle any such situation.
Contact Information E-mail: affiliates@avianpublications.com Phone: 763-571-8902 Mail: Avian Publications, 6380 Monroe Street NE, Minneapolis, MN 55432 Privacy Policy We ONLY use the information you submit to maintain your account — that is, to make your commission payments and to communicate changes in OUR product offerings. We will NOT e-mail you with any other company's products…period! We WILL notify you of new banners and/or text links to facilitate promotion of your company. We do not — and will not in the future — sell, rent, or otherwise make your personal information available to anyone! This concludes the Agreement. Thank you for taking the time to read it carefully. We look forward to working with you, our valued Affiliate! By signing up for our Program, you are in effect, agreeing to the above Affiliate Agreement.
Click here to sign up and start earning commissions by selling Avian Publications books and video tapes on your web site!
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Avian Publications Orders & Information: 763-571-8902 |
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