By
filling out the signup form you acknowledge that you have read and understood
the terms and conditions below for the VaporNation AFFILIATE Program, and agree
with them.
1.
Joining the Program
By completing the signup form you will automatically become an AFFILIATE and be
bound by the terms of this agreement. Your participation in the program is
solely for this purpose: to legally advertise our website and receive a
commission on products purchased by your referral customers.
2.
Payment Schedule
- Eligible payments - all AFFILIATE monies
due for orders generated as a result of AFFILIATE links/web site will be
held for 30 days after the shipping date of an order. Orders are typically
shipped 1-7 days after an order is placed. This allows us ample time to compensate
for returns, exchanges or canceled orders. Payments will be calculated and
checks sent out to AFFILIATE during the last week of any given month
according to the terms and conditions of this document. Finally, AFFILIATE
monies are calculated with reference to the product price charged to the
customer AFTER reduction of Shopper
Points.
- AFFILIATE Payments - payment to AFFILIATE
will not be made for amounts less than $11.00 USD unless requested by
AFFILIATE. Example: if you have a total of $50.00 in sales you would have
$10.00 in your affiliate account and your account will carry over into the
next months cycle. When your account total reaches $11.00 or more you will
be sent a check provided all orders associated meet the conditions set
forth in (a) above.
- Store
Credit can be issued upon request in lieu of payment by check to
AFFILIATE.
3.
Revocation of AFFILIATE Status
Your AFFILIATE application and status in the program may be suspended or
terminated for any of the following reasons:
- Inappropriate
advertisements (false claims, misleading hyperlinks)
- Spamming
(mass email, mass newsgroup posting, etc...)
- Advertising
on sites containing/promoting illegal activities
- Violation
of intellectual property rights.
4. AFFILIATE Links
You may use graphic and text links both on your web site and in emails. The
site may also be advertised "offline" in classified ads, magazines,
and newspapers. You may use the graphics and text provided to you by us, or you
may create your own as long as they are approved by us first.
5. AFFILIATE Tracking
When a web surfer clicks through your AFFILIATE link, a cookie is set in their
browser that contains your AFFILIATE username. Also, their IP address is
tracked in the database along with your AFFILIATE name. When this person
decides to buy a product, the script will look for this cookie and/or try to
match their IP address to identify the AFFILIATE who will be awarded the
commission. Visitors sent through your AFFILIATE link may make a purchase later
in time and the commission will still be awarded if the cookie is present in
their browser and/or they are using the same IP address as the one logged in
the database.
6. Terms of the agreement
These terms will begin upon your signup with the AFFILIATE program and will end
when your AFFILIATE account is terminated. The terms of this agreement may be
modified by us at any time. If any modification to the terms is unacceptable to
you, your only choice is to terminate your AFFILIATE account. Your continuing
participation in the program will constitute your acceptance of any change.
7. Liability
We will not be liable for indirect or accidental damages (loss of revenue,
commissions, etc.) due to AFFILIATE tracking failures, loss of database files,
and any results of "intents of harm" to the program or our website.
We do not make any expressed or implied warranties with respect to the
AFFILIATE program and/or products sold at this site. We make no claim that the
operation of the AFFILIATE program and our website will be error-free and we
will not be liable for any interruptions or errors.
Affiliate further agrees and warrants that it will comply with all local, state
and federal laws (including, but not limited to, the "CAN-SPAM" Act,
effective January 1, 2004) regarding the sending of e-mails.
AFFILIATE shall indemnify and hold VaporNation.com harmless from any and all
legal actions, damages or liabilities incurred from the day-to-day operations
of AFFILIATE. Under no circumstances will VaporNation.com be liable whether in
tort, contract or otherwise for indirect, incidental, consequential, special or
exemplary damages (including but not limited to damages for any loss of
revenue, profits, business interruption, loss of business information or data,
loss of goodwill, work stoppage, hardware or software failure, or other
pecuniary loss) arising from or relating to any provision of this Agreement or
the program. Without limiting the foregoing, VaporNation.com's aggregate liability
arising with respect to this Agreement will not exceed the total fees paid or
payable to AFFILIATE under this agreement.
VaporNation.com will own all right, title and interest in and to all
information that is created or collected in the operation of the
VaporNation.com web site and reserves the right to amend or terminate this
Agreement at any time, with or without notice to AFFILIATE.
The laws of the state of California shall govern this Agreement. Should there
be any legal dispute between the parties, then both parties agree to take the
matter before arbitration/mediation in Los Angeles County, CA should
VaporNation.com request arbitration/mediation in lieu of formal legal process.
Both parties mutually agree that the sole legal venue for all disputes shall be
in Los Angeles County, California.
By
filling out the signup form you acknowledge that you have read and understood
the terms and conditions above for the VaporNation AFFILIATE Program, and agree
with them.