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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 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) 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
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) Miscellaneous:
This Agreement will be governed by the laws of the United States and the State of
Michigan, 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 Detroit,
Michigan, 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.
The amount of referral commissions due to affiliates will be
as follows: For a sale which we make as a result of a direct referral by an affiliate,
that affiliate will receive a commission fee of 8% of the selling price of the sale.
This is known as a first-tier referral commission. If the affiliate who made the
direct referral is a sub-affiliate of another affiliate, the second affiliate will
be eligible for a commission fee of 2% of the selling price of the sale. This is
known as a second-tier referral commission.
A commission will only be credited to an affiliate
after the customer has made full payment to company. If a 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 both
first tier and second tier 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 issued via check only, made payable
to the affiliate in the name the affiliate submits in his or her online registration,
and mailed to the mailing address provided by the affiliate. Affiliates must have
accumulated commissions of at least $10 for a given payment period before a check
will be issued. If commissions are less than $10 for a given month, the commisions
will be held over till the next month. This will continue until the commissions
accumulate to more than $10. Checks are mailed shortly after the 1st of every month
for payments due up to that point in time.
Fashion Fabrics Club
will not entertain any requests for different payment modes or payment to be made
according to some other time schedule.
It is the sole responsibility of affiliates to keep
Fashion Fabrics Club updated via their private affiliate's administration area of
any changes in contact information. If a payment fails to reach an affiliate due
to an affiliate's failure to update contact information,
Fashion Fabrics Club
reserves the right the consider the commission as being paid and is not bound to
issue a second payment for that commission in question.
Fashion Fabrics Club
reserves the right to change the terms of the above stated referral commissions
and payment procedures at any time. Any such change will take immediate effect and
will be binding on all affiliates regardless of when the affiliate first joined
the program.
Fashion Fabrics Club
will pay each Affiliate thirty days (30) after the end of each calendar month for
all commissions earned during the prior month, less any taxes we may be required
to withhold, and less any amount
Fashion Fabrics Club
determines, in its sole discretion, was not validly earned from proper use of the
link on affiliate's web site. If commissions earned during any calendar month are
less than $10, then
Fashion Fabrics Club
may hold those commissions until the month in which the total amount due is at least
$10 or (if earlier) until this Agreement is terminated.
I accept these terms and wish to register.
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