| Please read the agreement document below
before registering.
I accept these
terms and wish to register.
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 the Affiliate or Galasource Inc 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) Modification: Galasource Inc 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 this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and program rules. 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.
3) 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.
4) 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.
5) Commissions: We shall pay a predetermined commission (subject to change) on sales (excluding shipping and handling) that have taken place through Galasource.com, GoNauticalGifts.com, Trulythefinest.com and 1ofakindbuys.com and through the assigned phone number, given that the purchaser provides the affiliate code when ordering. Commission will only be credited to an affiliate after the customer has made full payment to company. If customer later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer’s account, any commissions that were credited to affiliates will be deducted from the next monthly payment. If there is no next monthly payment, the affiliate will be billed and hereby agrees to be bound by law to reimburse Company in full for any such commissions. Payments will be made on a monthly (calendar year) basis to each affiliate having an accrued balance of $50.00 or greater. Balances of less than $50.00 will be credited towards the next calendar month. If Affiliate has not earned $50.00 in a six month time period, Galasource has the right to cancel the account and no commissions will be paid.
6) Responsibility: You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
- 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)
- Ensuring that materials posted on your site are not libelous or otherwise illegal.
7) Pay-Per-Click-Campaigns; PPC Campaigns are permitted. Affiliates may not use any of the Galasource Marks or other current or future trademarks or product names of the Galasource family of sites including Galasource.com, GoNauticalGifts.com, Trulythefinest.com or 1ofakindbuys.com. Galasource reserves the right to disallow an affiliate from competing against the Galasource family of sites on product keywords.
8) 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. Affiliate will at all times comply with all laws and regulations applicable to the promotion and marketing of the Products, including without limitation, the CAN-SPAM Act of 2003 and all state and federal laws regarding unsolicited email, online advertising and marketing, data protection, and deceptive trade practices.
9) Termination: Galasource may terminate this Agreement immediately if Affiliate breaches any term of this Agreement or violates any Galasource policies. In addition, Affiliate agrees to refund Galasource any commissions paid to Affiliate for Affiliate’s actions that are in breach or non-compliance with the terms of this Agreement.
10) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Colorado, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Denver, Colorado, and you irrevocably consent to the jurisdiction of such courts. 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. Current employees of Galasource may not participate in this program and doing so is grounds for termination.
I accept these
terms and wish to register.
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