|
Home
:
Terms
& Conditions
The
following terms and conditions shall govern your participation in
the Air Filter Factory Affiliate Program. This Agreement is between
you ("you") and AIR SPONGE FILTER CO. Inc. ("we,"
"us" or "our"), which is the name of the company
that operates the air products retail store on the Worldwide Web
at Dustless.com ("Air Filter Factory").By clicking on
the "I AGREE" button, you agree to be bound by all of
the terms and conditions contained in this Air Filter Factory Affiliate
Program Agreement ("Agreement") and these terms and conditions
supersede any previous terms and conditions between you and us with
respect to any Air Filter Factory Affiliate Program. 1. LINKING
YOUR SITE WITH AIR FILTER FACTORY. We will provide you with a merchant
ID number, graphics, examples and instructions on how to link your
site into Air Filter Factory utilizing your merchant ID number (the
"Link(s)"). You may create as many or as few links
as you wish. We encourage (but do not require) you to include a
link to the Air Filter Factory home page. You will be responsible
for the placement of the graphics and the appearance of your web
site, as well as for the ongoing maintenance of the graphics and
links. 2. ORDER PROCESSINGA. We shall have the sole right and responsibility
to process product orders placed by customers who access Air Filter
Factory via the Links(s) (the "Customers") in the session
commenced with their arrival at Air Filter Factory (the "Orders"),
including handling customer payments, packing and shipping customer
orders, and customer service. B. Orders will be governed by our
then-applicable terms and conditions of sale, and all agreements
relating to such terms and agreements will be between us and Customer.
Those terms and conditions may be changed at any time, without notice
to you. Selling prices for the products will be set by us in our
sole discretion, and may be changed at any time. We may refuse an
order for any reason or no reason at all.3. COMMISSIONS A.
You will receive a commission on the Selling Price of the item(s)
shipped in an Order ("Commission") in accordance with
the table below. The Selling Price is the price paid for the product
by the Customer less shipping, handling, database processing fees,
credit card validation fees or other charges incurred by the Customer.
|
Sales
in a Month
|
Commission
(Percentage of Selling Price) |
| Under
$500.00 |
7% |
| Over
$500.00 |
8%
|
| Over
$1,500.00 |
9% |
| Over
$3,000.00 |
10% |
| Over
$5,000.00 |
11% |
| Over
$8,000.00 |
12% |
| Over
$11,000.00 |
13% |
| Over
$14,000.00 |
14% |
| Over
$17,000.00 |
15% |
B. The Commission will be deposited into your Account one
week after the Order is shipped, redeemable at any time for the
purchase of products on Air Filter Factory. We will send you, via
e-mail, a monthly report of the Orders placed and Commissions earned.
C. If at the end of every calendar quarter the amount of Commissions
in your Account are One Hundred Dollars ($100.00) or more, we will
send you a check for the entire amount. D. You will receive Commissions
on Orders placed by you as well. However, you will not receive a
Commission on any Orders paid for with your store credits. 4. COPYRIGHTED
MATERIAL AND LIMITED LICENSEA. All materials, including but not
limited to reviews, articles, ad banners, photographs, images, illustrations,
music, sounds, images, databases and software appearing on Air Filter
Factory (the "Content") are protected by patent, copyright,
trade dress and/or trademark law pursuant to U.S. and/or foreign
patent, copyright and trademark laws and/or international treaties
or conventions. Except as set forth in this Section 4, you may not
use, transmit, distribute, sell, reproduce or otherwise copy any
of the Content without express written authorization of the copyright
and/or trademark owner of such materials. B. We grant you a non-exclusive,
revocable right to use the graphics displayed in the "Adding
Graphics" area and album cover artwork solely for use as icons
providing Links. You may not distribute, modify or create derivative
works from those graphics in any way and you may not sublicense,
assign or transfer your license, and any attempt at such sublicense,
assignment or transfer is void. C. We reserve all right, title and
interest in our web sites and all Content therein, including without
limitation, all intellectual property rights. Except as expressly
set forth in this Section 4, we do not grant you any right or license
in our web sites, Content or trademarks.5. RESPONSIBILITY FOR YOUR
WEB SITEYou will be solely responsible for the development, operation,
and maintenance of your site and for all materials that appear on
your site. We disclaim all liability for these matters. Furthermore,
you will indemnify and hold us harmless from all claims, damages
and expenses (including without limitation, attorney's fees) relating
to the development, operation, maintenance and contents of your
site.6. OUR USE OF AIR FILTER FACTORY AFFILIATE PROGRAM DATAWe reserve
the right to disclose information about sales and usage generated
by the Air Filter Factory Affiliate Program in forms that do not
reveal your personal identity. 7. REPRESENTATIONS AND WARRANTIES;
INDEMNIFICATIONA. You represent and warrant that any material which
is provided by you and displayed on your web site will not: (i)
infringe on any third party's copyright, patent, trademark, trade
secret or other proprietary rights or right of publicity or privacy;
(ii) violate any applicable law, statute, ordinance or regulation;
(iii) be defamatory or libelous; (iv) be obscene; (v) violate any
laws regarding unfair competition, antidiscrimination or false advertising;
(vi) promote violence or contain hate speech; or (vii) contain viruses,
trojan horses, worms, time bombs, cancelbots or other similar harmful
or deleterious programming routines. B. You represent and warrant
that you have used your true legal name in registering for the Air
Filter Factory Affiliate Program; that you have the power and authority
to enter into this Agreement and perform the obligations set forth
herein and that you are an adult of at least eighteen (18) years
of age.C. You shall indemnify and hold harmless Air Filter Factory
and its parent companies, subsidiaries and affiliates, and its respective
directors, officers, employees, agents, shareholders and partners,
against any and all claims, actions, demands, liabilities, losses,
damages, judgments, settlements, costs and expenses (including reasonable
attorneys' fees) arising out of or related to any obligation undertaken
or representation or warranty made by you; or any breach by you
of any covenant or agreement made herein; or any content, trademark,
copyright or intellectual property used, created or distributed
by you.8. DISCLAIMER OF WARRANTYTHE AIR FILTER FACTORY AFFILIATE
PROGRAM AND AIR FILTER FACTORY ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION,
WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE AIR FILTER FACTORY
AFFILIATE PROGRAM OR MUSIC BOULEVARD WILL BE UNINTERRUPTED OR ERROR-FREE,
AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS
OR ERRORS. 9. LIMITATION OF LIABILITYEXCEPT FOR COMMISSIONS DUE
AND OWING TO YOU, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR INDEMNITY,
ARISING OUT OF THE USE OF OR INABILITY TO USE OR LINK TO AIR FILTER
FACTORY, LOSS OF PROFITS, REVENUE OR DATA, EVEN IF WE ARE INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY PART OF
THIS SECTION 9 SHALL BE HELD UNENFORCEABLE OR INVALID UNDER THE
LAWS OF AN APPLICABLE JURISDICTION, THE REMAINING PARTS HEREOF SHALL
NEVERTHELESS CONTINUE TO BE VALID AND ENFORCEABLE AS THOUGH THE
OFFENDING PORTIONS HAD NOT BEEN A PART HEREOF. IN ADDITION, IF THE
LIMITATIONS ON WARRANTY OR LIABILITY THEREUNDER ARE HELD TO BE UNENFORCEABLE
UNDER THE LAWS OF AN APPLICABLE JURISDICTION, SUCH LIMITATION SHALL,
FOR PURPOSES OF THIS SECTION 9, BE REDUCED SUCH THAT OUR LIABILITY
SHALL NOT EXCEED THE AMOUNT PAID BY THE CLAIMANT TO US WITHIN SIX
(6) MONTHS PRECEDING THE DATE ON WHICH ANY CLAIM IS ORIGINALLY MADE,
OR SHALL BE REDUCED TO THE EXTENT NECESSARY TO RENDER THEM ENFORCEABLE.
10. TERMINATIONA. You may terminate this Agreement at any time by
sending notice to us via e-mail to mrsponge1@aol.com. You will be
credited with all Commissions earned until the time of termination.
B. We may, in our sole discretion, terminate this Agreement for
any reasons whatsoever or no reason at all, including, without limitation,
your breach of this Agreement. 11. RELATIONSHIP OF PARTIESA. Nothing
contained in this Agreement shall be deemed or construed as creating
a joint venture or partnership between you and us. Neither party,
by virtue of this Agreement, is authorized as agent, employee or
legal representative of the other. Except as specifically set forth
herein, neither party shall have the power to control the activities
and operations of the other and their status is, and at all times
will continue to be that of independent contractors.B. You will
not make any statement, whether on your web site or otherwise, that
reasonably would contradict anything in this Section. 12. MODIFICATIONWe
may modify any of the terms and conditions contained in this Agreement,
at any time and at our sole discretion, by posting a change notice
or new agreement on Dustless.com (or any successor web site.) Modifications
may include, for example, changes in the scope of available services,
referral fees, fee schedules, payment procedures and methods of
linking to Air Filter Factory. 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. 13. CHANGES TO AIR FILTER FACTORYWe reserve
the right in our sole discretion to discontinue operation of Air
Filter Factory at any time without notice to you and to redesign
or modify the organization, structure, "look and feel,"
navigation, Contents and other elements of Air Filter Factory. 14.
SEVERABILITYIn the event that any of the provisions of this Agreement
shall be held by a court or other tribunal of competent jurisdiction
to be unenforceable, such provisions shall be limited or eliminated
to the minimum extent necessary so that this Agreement shall otherwise
remain in full force and effect and enforceable. 15. NOTICESAll
notices to you will be sent to the e-mail address provided by you
when you register for the Air Filter Factory Affiliate Program.
All notices to us will be sent to mrsponge1@aol.com. 16. GOVERNING
LAW This Agreement will be governed and construed pursuant to the
laws of the State of Florida applicable to contracts entered into
and performed entirely within the State of Florida, without regard
to its conflict of law provisions. In the event of any dispute regarding
the Air Filter FactoryProgram or any matter related to this Agreement,
you agree that litigation shall be in the state or federal courts
in Florida. Any process in any action or proceeding arising under
or relating to this Agreement may, among other applicable methods,
be served by delivering or mailing the same by registered or certified
mail return receipt requested, directed to us at ASFC 11905 NW35th
st., Coral Springs, FL 33065, Attn: General Counsel or to you at
the address appearing on your Air Filter Factory Affiliate Program
registration. 17. ENTIRE AGREEMENTThis agreement constitutes and
contains the entire agreement between the parties with respect to
the subject matter hereof and supersede any prior contemporaneous
agreements, oral or in writing.
Yes!
Sign me up to be a Filter Factory Affiliate
|