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Arcade Emulator.net Affitiate Program
Affiliate Sign Up!
It's easy to get started earning commisions! 1) First, read our Affiliate
Agreement2) Then fill out the online
Application Form. Applications will usually be responded to within 5-7
business days. If approved you will receive a unique code and instructions on
how to properly link your site to start earning merchandise credits!
Affiliate Agreement:
IMPORTANT:
Before becoming a Arcade Emulator.net affiliate you must accept our "Affiliate
Agreement". By submitting an Affiliate Application you signify that you have
read, understand and accept the terms of our Affiliate Agreement.
Arcade Emulator.net Affiliate Agreement This Agreement contains the complete terms
and conditions that apply to an individual or entity's participation in the
Arcade Emulator.net Affiliate Program ("Program") and the establishment of
links from your affiliate web site to the pages of Arcade Emulator.net As used in
this Agreement, "we" means Arcade Emulator.net, and "you" means the Affiliate
Program applicant and/or the Affiliate Site.
Agreement:
By completing and sending in the accompanying Arcade Emulator.net Affiliate
Program registration form, you are entering into a legal agreement with
Arcade Emulator.net, which contains all of the terms and conditions below and
governs your participation in the Arcade Emulator.net Affiliate Program.
Enrollment in the Affiliate Program:
To begin the enrollment process, you will submit a complete Arcade Emulator.net
Affiliate Program application. We will evaluate your application in good faith
and will notify you of your acceptance or rejection in a timely manner. We may
reject your application if we determine (in our sole discretion) that your site
is unsuitable for the Program for any reason.
Links:
As an Affiliate Site, we will make available to you graphic and textual links
(each of these links sometimes being referred to herein as "Links" or,
individually, as a "Link"), which subject to the terms and conditions hereof,
you must display as often and in as many areas on your site as is reasonable.
The Links will serve to identify your site as a Arcade Emulator.net Affiliate and
will establish a link from your site to Arcade Emulator.net. The Links may connect to
specific category, product or the Arcade Emulator.net Home Page. You may not issue
a press release with respect to this Agreement, or your participation in the
Program without our prior written consent.
Agreements Regarding Links:
In utilizing the Links, you agree that you will cooperate fully with us in order
to establish and maintain such links. You also agree that you will display in
your site only those graphic or textual images (indicating a Link) that are
provided by us, and you will substitute such images with any new images provided
by us from time to time throughout the term of this Agreement. All Affiliate
Sites shall display such graphic and/or textual images prominently in relevant
sections of their site. A Link may only be modified and/or expanded with our
prior written consent. Each Link connecting users of your site to the pertinent
area of our site will in no way alter the look, feel, or functionality of our
site. Our Responsibilities: We will be responsible for providing all information
necessary to allow you to make appropriate links from your site to our site. We
will be solely responsible for processing every order placed by a customer
following a special Link from your site, for tracking the volume and amount of
sales generated by your site, and for providing information to Affiliate Sites
regarding sales statistics. We will be responsible for order entry, payment
processing, shipping, processing, cancellations & returns, and related customer
service.
Other Responsibilities and Opportunities
of Affiliate Sites:
a. If you qualify and agree to participate as an Affiliate Site, you shall
display Links prominently throughout your site as you see fit and with our
consent. b. Compliance with the Agreement: We have the right in our sole
discretion to monitor your site at any time and from time to time to determine
if you are in compliance with the terms of this Agreement. Merchandise Credit
Determination Only Arcade Emulator.net Products that are (i) sold by us, (ii)
purchased by users during a visit commencing directly from your site to our site
pursuant to a Link ("Linked Users"), (iii) shipped by us, and (iv) for which we
have received and retained full payment will qualify for a commission (each, a
"Qualifying Purchase"). Commission rate is 12% of the actual amount charged to
the customer and collected by Arcade Emulator.net for Qualifying Purchases, less
sales taxes, shipping and handling ("Adjusted Gross Retail Sales"). A commission
will only be paid if the visitor to our site is tracked by the system from the
time of the Link to the time of the sale. No commission will be paid if the
visitor to our site cannot be tracked by our system. If a visitor comes to our
site once from a Link from Site A and then later returns to our site from a Link
from Site B, all commissions, if any, will be paid to Site B. Less than 1% of
our customers return orders. In the event they do, that credit will adjusted
from your outstanding/future merchandise credits. Arcade Emulator.net reserves the
right to change this program at any time. All current affiliates will be
notified via e-mail in advance of any changes to the program. Payment: Checks
will be issued once a month on the 5th, for all balances over $20.00. All
balances under $20.00 will be carried over until the balance reaches $25.00 and
at that time a check will be issued on the 5th of the next month.
Reports of Sales:
You will be given a link and have the ability to enter a protected site to
receive your sales statistics on a daily basis. Policies and Pricing: Customers
who buy Products through the Program will be deemed to be customers of
Arcade Emulator.net Accordingly, all of our rules, policies, and operating
procedures concerning customer orders, customer service, and Arcade Emulator.net
product sales 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 merchandise sold under the Program in accordance with our own
pricing policies. Prices and availability of Arcade Emulator.net Products may vary
from time to time. Because price changes may affect products that you already
have listed on your site, you may NOT include price information in your product
descriptions. We will use commercially reasonable efforts to present accurate
information, but we cannot guarantee the availability or price of any particular
product.
Licenses and Use of the Arcade
Emulator.net
Logos and Trademarks:
1. WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS
OUR SITE THROUGH THE LINKS SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT
AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS, TO USE THE Arcade Emulator.net
TRADEMARKS AND LOGOS AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (BUT ONLY
IN THE FORM(S) THAT THEY APPEAR ON OUR SITE) (COLLECTIVELY, THE "LICENSED
MATERIALS"), FOR THE SOLE PURPOSE OF SELLING Arcade Emulator.net PRODUCTS ON YOUR
SITE FOR Arcade Emulator.net. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED
MATERIALS IN ANY WAY. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS TO THE
EXTENT THAT YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATE PROGRAM. 2. You
shall not make any specific use of any Licensed Materials for purposes other
than selling Arcade Emulator.net Products on your site for Arcade Emulator.net
Products without first submitting a sample of such use to us and obtaining the
prior written consent of your Arcade Emulator.net Products account executive,
which consent shall not be unreasonably withheld. You agree not to use the
Licensed Materials in any manner that is disparaging or that otherwise portrays
us in a negative light. We reserve all of our rights in the Licensed Materials
and of our other proprietary rights. We may revoke your license at any time. 3.
You grant to us a non-exclusive license to utilize your names, titles, and logos
(the "Affiliate Trademarks"), to advertise, market, promote, and publicize in
any manner our rights hereunder; provided, however, that we shall not be
required to so advertise, market, promote, or publicize. This license shall
expire upon termination of this Agreement. 4. You shall not create, publish,
distribute, or permit any written material that makes reference to us without
first submitting such material to us and receiving our written consent, which we
agree shall not be unreasonably withheld.
Obligations Regarding Your Site:
1. You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your site. Such
responsibilities include, but are not limited to, the technical operation of
your site and all related equipment; creating and posting product reviews,
descriptions, and references on your site and linking those descriptions to our
catalogue; the accuracy and propriety of materials posted on your site
(including, but not limited to, all Arcade Emulator.net Product-related
materials); ensuring that materials posted on your site do not violate or
infringe upon the rights of any third party and are not libelous or otherwise
illegal. 2. We disclaim all liability for all such matters. Further, you will
indemnify and hold us harmless from all claims, damages, and expenses
(including, without limitation, attorneys' fees) relating to the development,
operation, maintenance, and contents of your site, as well as any breach by you
of any provision of this Agreement.
Term of the Agreement:
The term of this Agreement will begin upon our acceptance of your
Arcade Emulator.net Affiliate 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. You are
only eligible to earn merchandise credits on sales occurring during the term,
and merchandise credits earned through the date of termination will remain
payable only if the related Arcade Emulator.net Product orders are not cancelled
or returned. We may withhold your final allotment for a reasonable time to
ensure that the correct amount is alloted.
Relationship of Parties:
You and Arcade Emulator.net 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 or Agreement.
Disclaimers:
We make no express or implied warranties or representations with respect to the
Arcade Emulator.net Affiliate Program or any Arcade Emulator.net Products sold
through the Affiliate Program (including, without limitation, warranties of
fitness, merchantability, non-infringement, or any implied warranties arising
out of 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, monetary or otherwise, of
any interruptions or errors.
Representations and Warranties:
You hereby represent and warrant to us as follows: 1. This Agreement has been
duly and validly executed and delivered by you and constitutes your legal,
valid, and binding obligation, enforceable against you in accordance with its
terms. 2. The execution, delivery, and performance by you of this Agreement and
the consummation by you of the transactions contemplated hereby will not, with
or without the giving of notice, the lapse of time, or both, conflict with or
violate (i) any provision of law, rule, or regulation to which you are subject,
(ii) any order, judgment, or decree applicable to you or binding upon your
assets or properties, (iii) any provision of your by-laws or certificate of
incorporation, or (iv) any agreement or other instrument applicable to you or
binding upon your assets or properties. 3. You are the sole and exclusive owner
of the Affiliate Trademarks and have the right and power to grant to us the
license to use your trademarks in the manner contemplated herein, and such grant
does not and will not (i) breach, conflict with, or constitute a default under
any agreement or other instrument applicable to you or binding upon your assets
or properties, or (ii) infringe upon any trademark, trade name, service mark,
copyright, or other proprietary right of any other person or entity. 4. No
consent, approval, or authorization of, or exemption by, or filing with, any
governmental authority or any third party is required to be obtained or made by
you in connection with the execution, delivery, and performance of this
Agreement or the taking by you of any other action contemplated hereby. 5. There
is no pending or, to the best of your knowledge, threatened claim, action, or
proceeding against you, or any affiliate of yours, with respect to the
execution, delivery, or consummation of this Agreement, or with respect to your
trademarks, and, to the best of your knowledge, there is no basis for any such
claim, action, or proceeding.
Confidentiality:
Except as otherwise provided in this Agreement or with the consent of the other
party hereto, each of the parties hereto agrees that all information including,
without limitation, the terms of this Agreement, business and financial
information, customer and vendor lists, and pricing and sales information,
concerning us or you, respectively, or any of our Affiliates provided by or on
behalf of any of them shall remain strictly confidential and secret and shall
not be utilized, directly or indirectly, by such party for its own business
purposes 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 affiliates. Notwithstanding the
foregoing, each party is hereby authorized to deliver a copy of any such
information (a) to any person pursuant to a subpoena issued by any court or
administrative agency, (b) to its accountants, attorneys, or other agents on a
confidential basis, and (c) otherwise as required by applicable law, rule,
regulation, or legal process including, without thereunder, and the Securities
Exchange Act of 1934, as amended, and the rules and regulations promulgated
thereunder.
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 Arcade Emulator.net AFFILIATE NETWORK, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH
RESPECT TO THIS AGREEMENT AND THE AFFILIATE NETWORK WILL NOT EXCEED THE TOTAL
MERCHANDISE CREDITS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
Indemnification:
You hereby agree to indemnify and hold harmless Arcade Emulator.net, and its
subsidiaries and affiliates, 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 reasonable attorneys' fees) (any or all of the foregoing
hereinafter referred to as "Losses") insofar as such Losses (or actions in
respectthereof) arise out of or are based on (i) any claim that our use of the
Affiliate 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 therein not
attributable to us.
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
Arcade Emulator.net AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION,
GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Governing Law:
This Agreement will be governed by the laws of the United States and the State
of Oklahoma, 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 Oklahoma City, Oklahoma, 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 right to subsequently enforce such a
provision or any other provision of this Agreement.
I AGREE TO ABOVE TERMS
If you agree,
click here to complete our
Application Form
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