This Agreement contains the complete terms and conditions that apply to your participation in the Interactive Brands Affiliate Program.

Affiliate Agreement

Terms of the Agreement.

1.Term.

The term of this Agreement will begin upon our acceptance of your Affiliate 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 referral fees on sales occurring during the term.

2. Modification.

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and program rules & eligibility. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

3. Limitation of Liability.

We will not be liable for direct, indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the program will not exceed the total referral fees paid or payable to you under to this Agreement.

4. Enrollment in the Program.

To begin the enrollment process, you will submit a complete program application on the signup page in our sites. We may reject your application if we determine that your site is not compliant to our business practices for any reason. Sites will be rejected if they include (but not limited to) :

Content that is unlawful, threatening, defamatory, obscene or otherwise objectionable; Promote sexually explicit materials; Promote violence; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; Promote illegal activities; Violate or infringe upon intellectual property rights; Violate or infringe any distribution agreement that Interactive Brands and/or any of its representatives may have secured with a third party.

If we reject your application, you are welcome to reapply to the program at any time. If we accept your application, we reserve the right to terminate this Agreement if we ever determine that your site is unsuitable for the program for any reason. Use of any bulk mail emails to solicit sales will result in suspension of your account. Stay safe. Don't SPAM.

5. Advertising.

Affiliates who choose to market via PPC or SEO must use ethically acceptable copy (keywords, terms, metatags, descriptions and web designs) in their advertising campaigns. Ethically acceptable copy is considered copy that in no way deceptive or imposes or infriges upon the trademarks, copyrights or intellectual property of another product, company or entity. Interactive Brands will actively protect its reputation, intellectual property, copyright and goodwill. Interactive Brands may, from time to time, require affiliates to change website content and ad copy and claims/representations made to customers. Affiliate cooperation is required and recommended changes must be complete within reasonable time.

6. Program Links.

Once you have been accepted into the program, you may provide on your site one or more banners or text links to www.affiliates.interactivebrands.com . You may choose which banner to place on your site from the Get Links section provided in your Affiliate Account. Only those banners shown in your account may be used. Using links other than those provided cannot be tracked and will not earn commissions.

7. Order Processing.

We will process product orders placed by customers who purchase products from the sites included in our Affiliate Program. We reserve the right to reject orders that do not comply with any and all of our requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. You will be paid by payment method of your choice twice a month, provided your commission earnings are at least $100.

8. Sales Tracking.

We will rely on Interactive Brands to track sales made to customers who purchase products using the special links on your site. We will make available to you the sales activity, as well as reports regarding end-user impressions and click statistics, at its site. You and we each agree to rely on, and not to challenge or dispute, the sales tracking and other information that Affiliate System compiles in connection with the Program, which will bind both you and us for all purposes under this Agreement.

9. Payment.

You will earn a percent or flat fee commission on all products shipped / delivered to customers who purchase products from our sites through your site. You will earn also a percentage or a flat commission from all the sales generated by those affiliates referred by you (sub-affiliates). We will pay all commissions that accrue on a bi-monthly basis in a form of a check, two weeks in arrears. We could decide to keep a reserve of your commission (up to 10%) to guard against chargebacks and refunds for 12 pay periods. After the 12 pay periods have expired the reserve will be automatically released to you in a payment.

10. Policies and Pricing.

All customers who buy products through the Program are customers of Interactive Brands. Accordingly, policies and operating procedures concerning customer orders, customer service, pricing and product sales will apply to those customers. We may change our policies and operating procedures at any time, in our sole discretion. Product prices and availability 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.

11. Limited License.

We grant you a nonexclusive, revocable right to use Interactive Brands and any other images or text that we may provide to you solely for the purpose of identifying your site as a Program participant and to assist in generating product sales through the Program. You agree to follow our instructions respecting the use of our trademarks and those instructions may change from time to time. We may revoke your license at any time by giving you written notice.

12. Responsibility for Your Site.

You will have sole responsibility for the development, operation and maintenance of your site and for all materials that appear on your site.

13. Entire Agreement

The terms of this Agreement constitute the entire Agreement between the parties with respect to the subject matters herein and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only in writing and signed by Interactive Brands.

14. Disclosure

You acknowledge and consent that Interactive Brands may access, preserve and disclose your account information and content if required to do so by law or in good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the terms of service of this Agreement;
(c) respond to any claims that any content violates the rights of third parties;
(d) respond to your requests for customer services; or
(e) protect the rights, property or personal safety of Interactive Brands, its users or the public.

15. International Use

Recognizing the global nature of the internet, you agree to comply with all local rules regarding on-line conduct and acceptable content. Specifically, you agree to comply with all applicable laws including those related to taxation and regarding the transmission of technical data exported from Canada or the country of which you reside.

16. Modifications to Service

Interactive Brands reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services provided pursuant to this Agreement, with or without notice. You agree that Interactive Brands shall not be liable to you or to any third party for any modifications, suspension or discontinuance of the services stipulate pursuant to this Agreement.

17. Choice of Law and Forum

The terms of this Agreement and the relationship between you and Interactive Brands shall be governed by the laws of the Province of Quebec, Canada without regard to its conflict of law provisions. You and Interactive Brands agree to submit to the personal and exclusive jurisdiction of the courts located within the judicial district of Montreal, Quebec, Canada.

18. No Agency

No agency, partnership, joint venture, employees/employer or franchisor-franchisee relationship is intended or created by this Agreement.

19. Disclaimers.

We make no express or implied warranties or representations with respect to the program or any products sold through the program (including, without limitation, warranties of merchantability, fitness for a particular purpose or no infringement, or any implied warranties arising from a course of performance, dealing or trade usage). In addition, we make no representation that the operation of our site or our commerce server will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

20. Privacy Policy.

We will only use the information you submit to maintain your account. That is, to make your commission payments and to communicate changes in our product offerings. We will not email you with any other company's products. We will notify you of new banners or text links to facilitate promotion of our products. We do not now nor will we in the future, sell, rent or otherwise make your personal information available to anyone.

In the event of any violation of any of the rules of this agreement including but not limited to the rules outlined in paragraph 4, we reserve the right to cancel all commissions earned under our program.

Thank you for taking the time to ready the Affiliate Agreement. We look forward to working with you.