This is an Agreement which contains the complete terms and conditions between oldmasterpiece.com and you, regarding your application to participate in our partnership programs, and the creation of links to oldmasterpiece.com website. Execution of this Agreement as set forth below constitutes your acceptance of the terms and conditions of this Agreement, and will be a legally binding agreement between you and oldmasterpiece.com.
1. JOINING THE PROGRAM
To enroll in oldmasterpiece.com partnership programs, you will have to submit a complete Application Form via our Web site. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application if we determine, in our sole discretion, that your website is not suitable for the Partnership Program for any reason.
2. LINKING TO OLDMASTERPIECE.COM
You may use graphic and text links both on your website 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 oldmasterpiece.com, or you may create your own as long as they are deemed appropriate according to our conditions.
3. ORDER PROCESSING
We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements which we may establish from time to time. All aspects of order processing and fulfillment, including order entry, customer service, shipping, cancellations, returns and payment processing will be our responsibility. We will track the amount of sales generated by your Web site and will make this information available to you through our website. To permit accurate tracking, reporting, and fee accrual, you must ensure that the links between your website and oldmasterpiece.com are properly formatted.
4. EARNING COMMISSIONS
You will be paid referral fees for every purchase of oldmasterpiece.com products. You will receive 10% of the purchase price directly generated by your hyperlinks.
Net Sales shall include those amounts received by us for the sale of products, less amounts collected by us for sales, use or other taxes, duties, shipping, handling and similar charges.
No commission will be paid for products which are returned, not paid for, undeliverable or payment for which is credited to any customer.
We will pay you referral fees on a monthly basis. At the beginning of each month, we will send you a check for the referral fees earned on our sales of our products, less any taxes that we are required by law to withhold. However, if the referral fees payable to you are less than $25, we will hold payment until the total amount due is at least $25 or (if earlier) until this Agreement is terminated. In calculating referral fees, we will deduct the corresponding referral fee from your next payment if a product that generated a referral fee is returned by the customer. If there is no subsequent payment, we will send you a bill for the referral fee.
5. POLICIES AND PRICING
Customers of oldmasterpiece.com have to abide rules, policies, and operating procedures concerning customer orders, customer service, and sales applied to these customers. We may change our terms and conditions or operating procedures at any time. For this reason you may not include pricing or detailed product information on your site. Sales prices and product selection might change we have the sole discretion of policies.
6. MODIFICATIONS
We reserve the right, in our sole discretion, at any time to modify the terms and conditions of this agreement. You will be notified by e-mail. If any modification is unacceptable to you, your only recourse is to refuse such change which will automatically terminate the agreement.
7. LIMITATION LIABILITY
Oldmasterpiece.com will not be liable for indirect or accidental damages or any loss of revenue, commissions or data arising out of the use of the website or for Partnership Programs or services purchased from oldmasterpiece.com. We make no responsibility that the operation of oldmasterpiece.com will be error-free and will not be liable for any interruptions or errors.
8. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless oldmasterpiece.com, and their shareholders, officers, directors, employees, agents and partners, from and against any and all claims, losses, damages or expenses, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this agreement or inaccuracy of information or the availability of Partnership Programs and/or services provided by third parties.
9. DISCLAIMERS
We make no express or implied warranties or representations with respect to the Partnership Programs or any product or other items sold through Partnership Programs. In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.You shall be liable for all cost and expenses arising or in connection with any unauthorized use of your username or password or any other breach of security not attributable to us. All information (including but not limited to name, age, gender, address, e-mail address) provided to oldmasterpiece.com is accurate, true and complete.
10. PARTNERSHIP AGREEMENT
This is a legal agreement between you and oldmasterpiece.com. By clicking on the “Submit” button at the end of partnership application form, you agree that you are affirmatively stating that you have carefully read and understand the terms set forth in this agreement and you agree to be bound by the terms of this agreement. This Agreement will be 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 notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice for to terminate this Agreement. Upon such notice, you agree to promptly eliminate or return to oldmasterpiece.com all artwork pertaining to oldmasterpiece.com or in your possession or control and you shall immediately remove from your website any or all oldmasterpiece.com links, logos, drawings, photographs to the oldmasterpiece.com website, and all references to oldmasterpiece.com. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring 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. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
11. PUBLICITY
You are not permitted to create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us for our written consent. However you are free to create some advertising material that best fit your website provided that it does conform to our commercial standards. In that case we reserve the right to ask you to remove or modify this "original material" if we do not support his content/layout.
12. REPORTS OF SALES
You will be given a password which you will use to receive your sales statistics on a daily basis.
13. MAINTAINING YOUR SITE
Oldmasterpiece.com reserves the right to monitor your website at any time to determine if you are following the terms and conditions of our Partnership Agreement and to notify you of any changes to your website that we feel should be made.
14. OBLIGATIONS REGARDING YOUR WEBSITE
You will be responsible for technical operation of your website and all related equipment, creating one or more links on your website to the co-branded web site and the accuracy and appropriateness of materials posted on your website. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. Oldmasterpiece.com will be responsible for correctly executing the order, discussing with the visitor if required, delivery, taking payment and after sales service when required.
15. GOVERNING LAW
This agreement shall be governed by the laws of Great Britain.
I indicate my approval of this Partnership Agreement and desire to become an oldmasterpiece.com Partner under these terms and conditions by filling in and submitting the Application Form for oldmasterpiece.com Partnership Program.
|