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Affiliate
Program Terms The period of this Agreement
will begin upon acceptance of your Affiliate Application by The Perfect Pear,
l.l.c. and will
end when terminated by either party. Either you or The Perfect Pear may terminate this
Agreement at any time with or without cause by giving the other party notice
of termination by email.
You are only eligible to
earn referral fees (commissions) on sales occurring during the period of the
Agreement. The
amount
of commission
you
can
earn
is unlimited.
Only purchases
made
and
completed
using
the
affiliate's
link
or other
identification
methods
at
the time of purchase
count
towards
this
program;
an Affiliate cannot claim "affiliate credit"
at a later time.
Commissions
are
paid
by check
quarterly
in US
Dollars
on a
US bank
made
out
to the
name
of the
business
or charity
and
are
sent
by postal
service. Returns will be deducted from commissions in
the month received and processed. Affiliates
must
reach
at least
the
minimum
in one
or more
calendar
quarters
to remain
active.
The Perfect Pear reserves the right
to modify any of the terms and conditions contained in this Agreement, at any
time and in their 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.
If any modification is unacceptable to you, your only recourse is to terminate
this Agreement. Your continued participation in the program will constitute
binding acceptance of the change.
The
affiliate program will only work when customers have
cookies enabled. The Perfect Pear, l.l.c. is not
responsible for incorrect coding, disabled or cleared
cookies or alterations to code on the part of the
visitor that are outside our control. The Perfect Pear
is not responsible for phone or fax orders that do not
include your affiliate code for credit.
The
Perfect Pear 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 Program even if we
have been advised of the possibility of such damages. Furthermore, The Perfect
Pear's
aggregate liability arising with respect to this Agreement and the Program
will never exceed the total referral fees owing to you under this Agreement.
You may not assign this
Agreement, by operation of law or otherwise, without prior written consent from
The Perfect Pear. Subject to that restriction, this Agreement will be binding on, inure
to the benefit of and be enforceable against the parties and their respective
successors and assigns.
The Perfect
Pear's failure to
enforce your strict performance of any provision of this Agreement will not
constitute a waiver of their right to subsequently enforce such provision
or any other provision of this Agreement.
The term "Affiliate" does
not imply any formal association with The Perfect Pear, l.l.c., other than described in this
agreement, and the Affiliate does not have any right on the products, logos or
trademarks provided by The Perfect Pear or their suppliers or partners. An Affiliate
is not an employee of The Perfect Pear, l.l.c. and is
solely responsible for any taxes incurred on earnings.
You are not permitted to
represent The Perfect Pear in any way other than displaying links for promotional and
marketing purposes or to make sales to your clientele.
Only the banners/icons/texts
links recommended or approved by The Perfect Pear can be used. The Perfect Pear reserves the
right to replace banners and icons with others of a similar dimension.
Use
of articles, logos and other artwork specifically designed
for Affiliates is allowed while use of other artwork
or text is by written authorization only; alterations
are not allowed. All credits and links must
be kept in tact (except your Affiliate code must
be inserted).
Each
Affiliate is responsible for installing and using their
affiliate code and
generating
qualified
traffic
in a
legal, ethical manner to produce
their
commissions. The
Affiliate is responsible to maintain active links at
all times and to check their own links to specific merchandise
since it may be out of stock or discontinued at any
time. The
Perfect Pear is not responsible for traffic
or sales or for any expenses incurred by the Affiliate.
The Perfect Pear will be held harmless for any
advertising or promotions done by the Affiliate.
You are free to promote the
links in all the ways recommended at our Affiliates site. Promotional links MUST
NOT be placed on a page/position that can be defamatory to The Perfect Pear or
counter-productive. If requested by The Perfect Pear, such links must be removed.
At the sole discretion and
invitation of The Perfect Pear, Affiliates may be offered higher rates of commission,
and may also become disassociated from their original Parent Affiliate if the
Parent Affiliate's own account is not actively producing
commissions.
You shall not cause any
sales or referrals to be made that are not in good faith, including, but not
limited to: artificially referring yourself or any other member of your
household or business as an affiliate under you. Any breach in this clause will result in
immediate termination and forfeiture of your referral fees.
The Perfect
Pear reserves the right
to evaluate your site and your promotional materials from time to time to ensure
that promotional rules are respected.
Ethics
and
integrity
are
required
from
all
Affiliates.
We
will
NOT
tolerate
Affiliates
who:
-
Mislead others,
advertise falsely or make claims we do not support;
- Operate or utilize a Web site or email link to Web sites that contain or
promote any of these types of content: libelous, defamatory, obscene,
pornographic, abusive, anti-religious, anti-government, anti-family, violent, bigoted, hate-oriented, illegal, cracking,
hacking or warez, or that offer any illegal good or service, or link to a Web
site(s) that do so;
- Engage in spamming, indiscriminate advertising or unsolicited commercial
email; and/or --
- Engage in cybersquatting or typosquatting
Should this clause be breached in any way, The
Perfect Pear reserves the right to
remove the Affiliate immediately without correspondence. Such termination is
based solely on the discretion of The Perfect Pear. If this is done, all earned
commissions will be forfeited. If
we find
evidence
of impropriety,
an Affiliate
may
be investigated
or cancelled.
If
cancelled
due
to ethics/integrity,
any
commissions
earned
to date
and
unpaid
will
be forfeited. Fraudulent
or illegal activity can be prosecuted.
Simply put -
just
keep
it legal,
moral and ethical -
and
don't
spam!
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