Everyone who is a registered customer of MyGoodLuckShirt.com is eligible for the Referral Program. You become a referrer of MyGoodLuckShirt.com when you send your referral link to a friend or when a customer makes a purchase and was referred to our website using your referral link. Joining the program offered through MyGoodLuckShirt.com constitutes your acceptance of all terms and conditions of this agreement.
You receive referral commission when a new customer you have referred to the MyGoodLuckShirt.com site purchases a product. To ensure that you receive the correct commission a new customer must come to the site by using the URL link provided to you by MyGoodLuckShirt.com. Once a customer has used your referral link, that customer is forever your referral.
Currently, all the products offered at MyGoodLuckShirt.com are eligible for commission. The products offering and referral fee schedule are subject to change by us, upon notice to you. If we add products, we may allow you to also offer such products pursuant to the Referral Program. All imaging supplies and other products added by us as being offered by Referrals, and which we authorize you to sell, are hereinafter sometimes called “Products.”
A. How You Earn Referral Fees
You will earn a referral fee on any product that is purchased,
shipped and paid for in full by a customer who has entered
MyGoodLuckShirt.com using your unique referral link.
B. Your Referral Fee Schedule
The MyGoodLuckShirt.com Referral Program pays you referral fees
based on the net purchase price received by us for all products
sold directly by us to people you referred to our website. Fees are
not paid on amounts collected for sales taxes, shipping, handling,
and similar charges, credit card fraud and bad debt, and credits
for returned goods.
All available products on our website are eligible for referral fees to be paid as follows:
MyGoodLuckShirt.com will keep track of the total sales and commission generated from the customers you referred to our website. You must have your user pin and password in order to view your Referral Statistics.
A. Handling Customer Orders
All orders placed by customers you referred to MyGoodLuckShirt.com
will be processed by us. We will prepare each order, process
payments, cancellations, and returns, handle shipping, and service
customers. Any order not complying with our requirements may be
rejected. We will track all sales made by customers you have
referred to our site. This can be checked at any time online by
accessing the members area of MyGoodLuckShirt.com.
B. Customers Subject to Our Policies
Any customers who purchase through our website will be subject to
MyGoodLuckShirt.com customer service policies and operating
procedures. We reserve the right to alter these at our discretion,
including without limitation, the pricing of all Products.
A. Compliance with this Agreement
We have the right at any and all times to monitor your referral to
determine if you are in compliance with the terms of this
agreement.
A. Licenses
This agreement includes our grant to you of non-exclusive,
non-transferable, revocable licenses to (i) access our website
through the links established, strictly in accordance with the
terms of this agreement and (ii) use those designs, trade names,
trademarks, and similar identifying material relating to us which
we authorize you to use (collectively, the “Licensed
Marks”), for the sole purpose of selling authorized Products
from your Referrals to MyGoodLuckShirt.com, and strictly in
accordance with the terms of this agreement. You may alter, modify,
or change the Licensed Marks in any way. We may alter, modify or
change the Licensed Marks, in our sole discretion, at any given
time.
B. Restrictions on Use
You agree not to use the Licensed Marks in any manner that is
disparaging, portrays us in a negative light, or otherwise harms
the good name and reputation of MyGoodLuckShirt.com. All other
rights in the Licensed Marks are reserved. We may revoke your
licenses at any time, by giving you written notice.
C. License by Affiliate
This agreement also includes your grant to us of a non-exclusive
license to use your names, slogans, and logos, as the same may be
amended from time to time (the "Trademarks"), to advertise and
promote, in any manner, your membership in the Referral Program;
provided, however, that we shall not be required to advertise
and/or promote you or the Trademarks. Your license to us shall
terminate upon the effective date of the expiration or termination
of this agreement.
Once we accept your Application into the Referral Program, this agreement will be in effect. It may be terminated at any time by either you or us, with or without cause, through written notice. You will be eligible to earn referral fees only on sales generated during the term of this agreement.
We reserve the right to modify any of the terms and conditions contained in this agreement, at any time, in our sole discretion. You will be notified by e-mail and a notice will be posted on our website. Modifications may include, but are not limited to, Products, changes in the scope of available commission fees, commission schedules, payment procedures, and Referral Program rules. If you find any modification unacceptable, your only recourse is to terminate this agreement, and cease to participate in the Referral Program. Your continued participation in the Referral Program following our posting of a change notice or new agreement on our website will constitute binding acceptance of the change.
Each party to this agreement is an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or otherwise, that would contradict anything in this agreement.
A. Assignment and Waiver
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 right to subsequently enforce such a
provision or any other provision of this agreement.
B. Disclaimers
We make no express or implied warranties or representations with
respect to the Referral Program or any products sold through the
Referral Program (including, without limitation, warranties of
fitness, merchantability, non-infringement, or any implied
warranties arising out of performance, dealing, or trade usage). In
addition, we make no representation that the website will operate,
or that operation of our website will be uninterrupted or error
free, and we will not be liable for the consequences of any of the
foregoing.
C. Referrer’s Representations
You hereby represent and warrant to us as follows:
D. Confidentiality
Except as otherwise provided in this agreement or with the consent
of the other party hereto, we both agree that all information
including, without limitation, business and financial information,
customer and vendor lists, and pricing and sales information,
concerning us or you, respectively, or any of our Referrals
provided by or on behalf of any of them shall remain strictly
confidential and secret and shall not be disclosed to third
parties, or utilized, directly or indirectly, by such party for its
own business purposes (except as contemplated by this agreement) or
for any other purpose except and solely to the extent that any such
information is generally known or available to the public through a
source or sources other than such party hereto or its Referral.
Notwithstanding the foregoing, each party is hereby authorized to
deliver a copy of any such information (a) to any person pursuant
to an order issued by any court or administrative agency, (b) to
its accountants, lawyers, or other professional advisors on a
confidential basis, and (c) otherwise as required by applicable
law.
E. Limitation of Liability
We will not for any reason whatsoever be liable for any direct,
indirect, special, or consequential damages, or any loss of
revenue, profits, or data, arising in connection with this
agreement or the Referral Program, even if we have been advised of
the possibility of such damages. Without limiting the generality of
the foregoing, our aggregate liability will not for any reason
whatsoever exceed the total commission fees paid or payable to you
under this agreement.
F. Indemnification
You hereby agree to indemnify and hold harmless
MyGoodLuckShirt.com, and its subsidiaries and Referrals, and their
directors, officers, employees, agents, shareholders, partners,
members, and other owners, against any and all claims, actions,
demands, liabilities, losses, damages, judgments, settlements,
costs, and expenses (including solicitor’s fees) (any or all
of the foregoing hereinafter referred to as "Losses") insofar as
such Losses (or actions in respect thereof) arise out of or are
based on (i) any claim that our use of the Trademarks infringes on
any trademark, trade name, service mark, copyright, license,
intellectual property, or other proprietary right of any third
party, (ii) any misrepresentation of a representation or warranty
or breach of a covenant and agreement made by you herein, or (iii)
any claim related to your site, including, without limitation,
content not provided by us.
G. Independent Investigation
You acknowledge that you have read this agreement, understand it in
its entirety, and agree to all of 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 You have independently evaluated the desirability of
participating in the Referral Program and are not relying on any
representation, guarantee, or statement other than as set forth in
this agreement.
H. Governing Law
This agreement will be governed by the laws of the United States
without reference to rules governing choice of laws.
Copyright © 2007-2008 MyGoodLuckShirt.com - All Rights Reserved