|SEATTLE SEAFOODS AFFILIATE AGREEMENT|
Please read the agreement document below before registering.
TERMS AND CONDITIONS OF USE
Only by agreement to the Terms and Conditions outlined in this section is permission granted to use the Seattle Seafoods web site and e-commerce software.
All violations will be pursued to the limits of the law. All worldwide rights, titles and interests are reserved.
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) Becoming a Seattle Seafoods Affiliate
Seattle Seafoods will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. The Affiliate Program is not intended for anyone under the age of 18.
2.2 Creating an Account.
To become an Affiliate and have the right to participate in the Affiliate Program, you must enroll in the Affiliate Program by creating an Affiliate account ("Account") with Seattle Seafoods through its online registration process.
2.3 Contact Information.
You must provide Seattle Seafoods with complete contact and payment information when you open an Account. You are responsible for timely notifying Seattle Seafoods if any of your contact or payment information changes. If you do not provide Seattle Seafoods with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Affiliate Program.
2.4 Account Security.
You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify Seattle Seafoods immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Seattle Seafoods immediately if you become aware of any other breach or attempted breach of the security of your Account
3) Your Responsibilities: Failure to comply with all or any of the following rules and regulations will result in the forfeiture of your commission and the immediate termination of your account. Seattle Seafoods reserves sole judgment in determining fraud.
You are solely responsible for:
You may not:
- ensuring that your business activities and your website content meet our affiliate guidelines, as specified in this Agreement.
- posting links/graphics on your website and checking them frequently to ensure they are in proper working order
- ensuring that all materials posted on your website are not libelous or otherwise illegal
- monitoring your search engine listings, key words, and meta tags for complete compliance with this Agreement.
- submitting to us a list of all additional websites where you plan to post seattleseafoods.com links for approval at email@example.com
- updating all contact, payment, and website information via your administrative page and ensuring that your site complies with all applicable copyright and other laws.
- developing your own branding, company logo, and business. You may not mislead a consumer by misrepresenting yourself as seattleseafoods.com.
- providing leads exclusively to Seattle Seafoods. Leads may not be sold to any other company.
4) Our Responsibilities: We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing every order placed by a customer following a special Link from your site, for tracking the volume and amount of sales generated by your site, and for providing information to you regarding sales statistics. The form, content and frequency of such information may vary from time to time at our discretion. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.
- Use any computer or other electronic device to send an unsolicited advertisement (also known as "spamming") to an electronic mail address of an individual with whom you lack a preexisting and ongoing business or personal relationship, unless you have received an express invitation or consent/permission from that individual.
- Add leads by fraudulent traffic generation (as determined solely by seattleseafoods.com, such as pre-population of forms, monetary, gift, or prize incentives, or other methods not approved by seattleseafoods.com).
- By misleading consumers in pay-per-click search engine titles or descriptions. The title, description, and/or content must state the Seattle Seafoods name or URL to provide an indication to the user that the link leads to Seattle Seafoods and Seattle Seafoods only
- Provide inaccurate, misleading, or defamatory information, or make any guarantees about seattleseafoods.com or the services it provides.
- Can not directly link to our sign up form in Google's AdWords or Overture PPC campaigns.
- May not distribute an email marketing campaign without the approval by Seattle Seafoods.
- Charge a fee to your website visitors to link to seattleseafoods.com's website or services
- Take part in, associate with, or otherwise become involved in any activity or operation that diminishes the image or reputation of seattleseafoods.com.
- Offer incentives and/or compensation to consumers in exchange for lead submission.
- Add leads manually, batched, or in bulk into the Seattle Seafoods website. Bulk or batched leads are defined as leads collected by various methods, then submitted to Seattle Seafoods.
5) Commissions: Seattle Seafoods agrees to pay you 8% of the Net Revenue of goods ordered when a visitor (a "Customer") to Seattle Seafoods's main US Website, located at www.seattleseafoods.com, has accessed our Site and completes a purchase online via a Link from your Site. As used herein, Net Revenue shall mean gross sales revenue collected from purchases on the Seattle Seafoods Site in accordance with the terms of the Program, less all taxes, discounts, shipping and handling charges, cancellations, returns, fraudulent transactions, charge backs and other similar charges.
Purchases of Gift Cards, Gift Certificates and Merchandise Virtual Certificates are not eligible to earn commission.
6) Reports of Sales Reports of Sales: You will be given a password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis.
7) Policies and Pricing: Customers who buy Seattle Seafoods products through the Affiliate Program will be deemed to be customers of Seattle Seafoods. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and Seattle Seafoods product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for our products sold under the Affiliate Program in accordance with our own pricing policies. Prices and availability of our products may vary from time to time. Because price changes may affect products that you already have listed on your site, you may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product
8) Commission Payment: When the total commission payment(s) due to you (based on Section 5 above) exceed $25.00 at the end of any calendar quarter, you will be paid by a company check for the applicable commission (less any taxes required to be withheld under applicable law) and a statement of activity will be provided to you. Such commission checks and statements of activity will be sent approximately 30 days after the end of each calendar quarter and will be paid in US Dollars only. However, if the commissions due to you for any calendar quarter are less than $25, we will hold such commissions until the total amount due at the end of a calendar quarter is at least $25 or (if earlier) until this Agreement is terminated.
9) Modification: We may modify any of the terms and conditions contained in this Agreement, with a three (3) business day notice, 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.
10) 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.
11) 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.
12) 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.
13) 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. 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.
14) Spyware: We will refuse all applications or signups from affiliates which we believe participate in spyware, adware or parasiteware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions.
15) I accept these terms and wish to register.