HOME | ABOUT US | CONTACT US | CUSTOMER CARE | AFFILIATE PROGRAM | SHIPPING INFO | FAQ | RESOURCES | SITEMAP
Leathericon Affiliate Program Terms and Conditions This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Leathericon.com Affiliate Program (the "Program"). As used in this Agreement, "we" means Leathericon.com, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Leathericon.com site located at the URL http://www.Leathericon.com, or to the site that you will link to our site (and which you will identify in your Program application). 1. Registration to the Program To begin with the registration process, you need to submit a complete Affiliate Program application through our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is not suitable for the Program. Examples of such sites (this list is not exhaustive) are as under:
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this agreement at any time. 2. Links on Your Site Once you have been notified that your site has been accepted into the Program, you may provide on your site a general link to Leathericon.com home page at http://www.leathericon.com. We will also provide you with guidelines as well as banners and text links to be used for linking to our home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with affiliate login wherein you can scan through your order details and status. You must ensure that each of the links between your site and our site properly utilizes such link formats. Links to our site placed on your site with regard to this Agreement and which properly utilize such special link formats are referred to as "Affiliate Link". You will only earn referral fees with respect to activity on our site occurring directly through "Affiliate Link". We will not be liable to you with respect to any failure by you to use "Affiliate Link", including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you with regard to this Agreement. IMPORTANT: Please remember that we will provide you with a special link (referred as "Affiliate Link") to use to link your website to Leathericon.com. DO NOT link to http://www.leathericon.com and we will not be able to track referrals from your site to ours without that special link. 3. Order Processing We will process orders placed by customers who follow “Affiliate Link” from your site to our site. We reserve the right to reject orders that do not comply with any of our requirements. We will be responsible for all aspects of order processing and service fulfillment. Among other things, we will prepare order forms, process payments; handle service fulfillment and customer service. We will track sales made to customers who purchase products and services using "Affiliate Link" from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion. 4. Referral Fees We will pay you (in accordance with the terms and conditions described below) referral fees on certain sales to third parties. For a sale to be eligible to earn a referral fee, the customer must follow Affiliate Link from your site to our site, place an order using our automated ordering system and remit full payment to us. We will not, however, pay referral fees on persons who are using only the FREE services provided by Leathericon.com. You may not place orders during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders to be used by you or your friends, relatives or Alliances in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. A Qualifying Product is one on the sale of which a Partner is entitled to Qualifying Revenues. In addition, you may not directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money or awarding of any benefits) for using Affiliate Link on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Affiliate Link on your site to access our site). If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement. 5. Referral Fee Payment At the end of every month, we will send you funds via PayPal (http://www.PayPal.com) subject to a minimum earned balance of (Approx. USD 200) in your account (unless otherwise agreed to in writing, including electronic mail). If your account balance is less than USD 200, we'll carry it forward to the next month and send you the funds once the balance touches USD 200. If you do NOT wish to receive funds via PayPal, we can pay you via wire transfer if your account balance touches US $200. A minimum amount of USD $200 is required before payment is issued. We are paying a banking charge of USD$25 for every wire transfer. 6. Policies and Pricing Customers who register through this Program will be deemed to be customers of leathericon.com. Accordingly, all terms and conditions, rules, policies, and operating procedures concerning member conduct, customer service, and sales at Leathericon 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 services sold under this Program in accordance with our own pricing policies. 7. Responsibility for Your Site 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 (this list is not exhaustive) .
claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
8. Term of the Agreement The term of this Agreement will begin upon our acceptance of your Program 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. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all leathericon.com trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral fees on our sales of Qualifying Products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. 9. 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 our site. Modifications may include, for example, changes in the scope of available referral fees, referral 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. 10. 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 in this Section. 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 at any time and under any circumstances the total referral fees paid or payable to you under this Agreement. 12. Disclaimers We make no explicit or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. 13. 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 Miscellaneous This Agreement will be governed by the laws of the country without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Jurisdiction 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 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 rights to subsequently enforce such provision or any other provision of this Agreement. For any further queries contact us at affiliate@leathericon.com.
