This Agreement
contains the terms and conditions that apply to an individual or entity’s
participation in the Pulkin.com Online Affiliate Program. As used in this
Agreement, "we" means Pulkin Computers, and "you" means the participant.
Pulkin.com reserves the right to accept or reject any company
requesting to be part of our Affiliate Program.
Linking
We will provide you with the procedures and links to use in linking to our
Site. To ensure accurate tracking, reporting and commission accrual, we
will provide you with special tagged link formats to be used in all links
between your site and our site. You must make sure these links are
properly utilized. We will not be held liable for any failure by you to
use the Pulkin Computer links.
Use of Materials
We grant you permission to use the graphic images and text solely for the
purpose of identifying your site as a Program participant and to assist in
generating sales. We reserve all rights to any graphic image and text, or
any other images, our trade name and trademark.
Commissions
We will pay commissions on orders that are sales as a result of that click
through. Commissions will only be paid after an order is fully processed
and paid. You will earn 10% on all referral sales of the total qualifying
revenue, which excludes costs for shipping, handling, returns and bad
debt. Any customer returned products will be deducted from the next check.
Checks will be sent out quarterly, unless the total of the commissions is
more than $100.00 in one month, in which case the check will be sent out
within 10 days of the following month.
Order Processing, Policies and Pricing
We will be responsible for all aspects of order processing and
fulfillment. We reserve the right to reject any order that does not comply
with our requirements. Customers who purchase products through this
Program will be deemed to be customers of Pulkin.com. All rules, policies,
customer service and product sales will apply to those customers. We may
change our policies and procedures at anytime and prices and availability
may vary.
Terms of the Agreement
We may modify any of the terms and conditions of this Agreement, at any
time by providing you a written change notice or new agreement. If any
modification is unacceptable to you, your only recourse is to terminate
this Agreement. Your continued participation in the Program following our
provision of a change or new Agreement will constitute acceptance of the
change.
Either party may terminate this Agreement at any time, with or without
cause, by giving the other party written notice of termination. If this
Agreement is terminated, you will immediately cease use of, and remove
from your site, all links to our site, and all of Pulkin.com trademarks,
trade dress, logos, and all other materials provided by or on behalf of us
to you in connection with the Program. All commissions earned through the
date of termination will remain payable only if the related orders are not
cancelled or returned. We may hold your final payment for a reasonable
time to ensure the correct amount is paid.
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 Program, even if we have been advised of the possibility
of such damages. Furthermore, our aggregate liability arising with respect
to this Agreement and the Program will not exceed the total commissions
paid or payable to you under this Agreement.
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 fitness, merchantability,
noninfringement, or any implied warranties arising out of a 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 of any
interruptions or errors. Neither party shall be liable to fulfill its
obligations hereunder, or for delays in performance, due to causes beyond
its reasonable control, including, but not limited to, acts of God, acts
or omissions of civil or military authority, fires, strikes, floods,
epidemics, riots or acts of war.
Miscellaneous
This Agreement will be governed by the laws of the United States and the
State of Georgia. Any action relating to this Agreement must be brought in
the federal or state courts located in Atlanta, Georgia, and you consent
irrevocably 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 be 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 provision or any other
provision of this Agreement.