Effective Date: January 18th, 2007
Welcome to the Rock'n CarPics Affiliate Agreement ("Agreement"). This Agreement sets forth the terms and conditions under which Rock'n CarPics.com makes the Rock'n CarPics Affiliate ProgramTM ("Affiliate Program") available to you. By becoming a Rock'n CarPics Affiliate and using the Affiliate Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Affiliate Program.
Rock'n CarPics.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the Rock'n CarPics.com Web Site will constitute binding acceptance of the changes.
1. General Rules - Plain & Simple
Affiliate will be paid 20% of all sales generated when the purchases are made via a one-of-a-kind special link to RocknCarPics.com for products manufactured and sold by the Rock'n CarPics company. Excluded from this contract will be products or services purchased from links to other websites that may be positioned thoughout the RocknCarPics.com website.
Whomever is the primary contact on the Affiliate Account is the person or entity that will receive the payment. All payments are considered a commission. If you are a non-profit entity proper paperwork must be on file with the Rock'n CarPics company. You will be paid monthly when your total earnings exceed $25.00. You will be paid all funds owed to you up to the time of payment. We reserve the right to deduct amounts paid to your account when any order generated by your account has been cancelled.
Payment will be made via transfer between Rock'n CarPics PayPal account and a your PayPal account. A PayPal account can be opened at no charge for this purpose if you do not have one already. Under normal circumstances payments will be made within one(1) week following the end of the month the qualifing earnings were made. Exceptions could be holidays, questionable orders, natural disasters, etc., in which case payment would be made within a maximum of 60 days.
2. Customers Purchasing Via the Affiliate Program.
Order Processing and Reporting. Rock'n CarPics.com will process all product orders placed by customers who follow Special Links to the Rock'n CarPics.com Web Site ("Customers"). Rock'n CarPics.com reserves the right to reject orders that do not comply with any requirements that Rock'n CarPics.com has and may periodically establish. Rock'n CarPics.com will be responsible for all aspects of order processing and fulfillment. Among other things, Rock'n CarPics.com will prepare order forms, process payments and handle customer service.
Customers. Customers who buy products through the Affiliate Program will be deemed to be customers of Rock'n CarPics.com. Accordingly, all of the Rock'n CarPics.com rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. Rock'n CarPics.com may change the Rock'n CarPics.com policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your web site. Rock'n CarPics.com will use commercially reasonable efforts to present accurate information, but Rock'n CarPics.com cannot guarantee the availability or price of any particular product.
3. Affiliate Commissions and Reporting.
Affiliate Commissions. Rock'n CarPics.com will pay you commissions in accordance with this Agreement .
(a) Rock'n CarPics.com will pay you a commission on sales originating from Special Links on your web site or web space.
Payment of Commissions.
(a) Tax Information. In order to receive your Commissions you must provide your taxpayer information to Rock'n CarPics.com as required by the IRS. If Rock'n CarPics.com does not have your current taxpayer information on file for a particular year, payments due to you under this Agreement will not be made until December 31st of such year, and all of such payments will be subject to a 30% backup withholding which will be submitted to the IRS.
(b) Payment Terms. Rock'n CarPics.com will pay you Commissions on a monthly basis. Within 60 days following the end of each calendar month, Rock'n CarPics.com will send you a check for the Commissions you have earned for the relevant month. However, if the Commissions payable to you for any month are less than $25.00, Rock'n CarPics.com will hold your Commissions until the total amount due is at least $25.00 or until this Agreement is terminated.
(d) Processing Fees. If Rock'n CarPics.com owes you accrued Commissions that are less than $25.00 for at least 365 days, then Rock'n CarPics.com may send you payment of such accrued Commissions minus a $5 processing fee. If the amount of accrued Commissions is under $5 for at least 365 days, such amount will be used to cover Rock'n CarPics.com's administrative costs and no payment will be made to you.
(e) Charitable Contribution. Unless you and Rock'n CarPics.com otherwise agree in writing, Rock'n CarPics.com may remit any payment otherwise due to you as a contribution in your name to a 501(c)(3) charitable nonprofit organization of Rock'n CarPics.com's choice (or any charity agreed upon in writing by you and Rock'n CarPics.com) if: (i) you fail to provide Rock'n CarPics.com with accurate and complete contact information; and (ii) the funds remain outstanding for more than 12 months. If Rock'n CarPics.com makes such a contribution, its obligation to you shall be reduced by the amount of that contribution.
(f) Termination Fees. If you or Rock'n CarPics.com terminate your Account, and you have less than $25 in accrued but unpaid Commissions then outstanding, Rock'n CarPics.com may charge you a $5 processing fee when sending you your final payment to cover its administrative costs.
4. Identifying Yourself As An Affiliate.
Logo. Rock'n CarPics.com will make available to you a small graphic image that identifies you as a Rock'n CarPics Affiliate Program participant. You must display this logo or the phrase "In affiliation with Rock'n CarPics.com" somewhere on your web site or web space. Rock'n CarPics.com may modify the text or graphic image of this notice from time to time. In addition, Rock'n CarPics.com encourages (but does not require) you to include a Special Link on your web site to the Rock'n CarPics.com home page at www.RocknCarPics.com.
All other Communications. Except as provided for in the Affiliate Guidelines, you may not make any press release with respect to this Agreement or your participation in the Affiliate Program without Rock'n CarPics.com's prior written consent, which may be given or withheld in its sole discretion.
5. Limited Licenses.
Rock'n CarPics.com License to You of Logo and Links. Rock'n CarPics.com grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by Rock'n CarPics.com, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant and to assist in generating Commissions. In addition, Rock'n CarPics.com grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your web site or web space to the Rock'n CarPics.com Web Site and promoting the sale of products on the Rock'n CarPics.com Web Site. All product images must be served by the Rock'n CarPics.com Web Site and cannot be used in any form other than the form provided by Rock'n CarPics.com. You may not modify the graphic images or text, or any other of the Rock'n CarPics.com images, in any way. Rock'n CarPics.com may revoke your license at any time by giving you written notice. Rock'n CarPics.com reserves all of its rights in the graphic images, text, any other images, Rock'n CarPics.com trade names and trademarks, and all other intellectual property rights. Any and all rights in and to Rock'n CarPics.com's intellectual property shall inure to the benefit of Rock'n CarPics.com.
Term and Termination.
Term. The term of this Agreement will begin upon Rock'n CarPics.com's acceptance of your Affiliate Program application and will end when terminated by either party.
Rock'n CarPics.com Termination. In its sole discretion, with or without notice to you, Rock'n CarPics.com may terminate your participation in the Affiliate Program and terminate your Account. If Rock'n CarPics.com determines, in its sole discretion, that you are abusing the system, the Rock'n CarPics.com Service and/or the Rock'n CarPics Affiliate Program, Rock'n CarPics.com may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any Commissions payable to you.
Your Termination. You may terminate your Account for any reason at any time by visiting the "Close Account" page within the members area.
Effect of Termination. You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. Rock'n CarPics.com may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the Rock'n CarPics.com Web Site, product images from the Rock'n CarPics.com database, all Rock'n CarPics.com trademarks, trade dress and logos, all Special Links, and all other materials provided by or on behalf of Rock'n CarPics.com to you pursuant hereto or in connection with the Affiliate Program.
