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RUNEMASTER
Associate Program
1. Enrollment in the Associate Program
- To begin the enrollment process, you will submit a complete Associate
Program application via our site. We will evaluate your application in
good faith and will notify you of your acceptance or rejection in a timely
manner. We may reject your application if we determine (in our sole discretion)
that your site is unsuitable for the Associate Program for any reason,
including, but not limited to, inclusion of content that in any way:
- (a) promotes violence; or
- (b) promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age; or
- (c) promotes illegal activities; or
- (d) violates intellectual property rights
If we reject your application, you are welcome to reapply to the Associate Program at any time.
- Subject to the terms and conditions set forth below, we shall be the
exclusive Celtic, Nordic and Medieval Jewelry seller on your site.
You agree that you will not (directly or indirectly) allow any other person
or entity to sell Celtic, Nordic or Medieval Jewelry on your
site or link their site to yours in connection with the sale of Celtic, Nordic
or Medieval Jewelry .
- Upon acceptance of your complete Associate Program Application we will
provide you with the required HTML Code and a banner to display on your
site and linking to our site. You will be responsible for the placement
of the HTML Code and banner on your site. The HTML Code is not to be changed
in any way, changing the code will result in the immediate termination
of this Agreement. You may put the HTML code and banner in as many locations
throughout your site as you would like. You may request the use of your
own graphics and/or text linking to our site however, the use of such graphics
and/or text is contingent upon our review, acceptance and approval.
- We will process all orders placed by customers who follow the link
from your site to the RuneMaster site, “runemaster.com.” We reserve the
right to reject orders that do not comply with any requirements that we
periodically may establish. We will be responsible for all aspects of order
processing and fulfillment. Among other things, we will prepare order forms;
process payments, cancellations and returns; and handle customer service.
We will track all online sales made to customers for a period of one year for customers who first link to our site using special links from your
site. We will provide you with an RuneMaster Associate sign-on ID and password
to access online reports summarizing this sales activity. The form, content
and frequency of the reports may vary from time to time in our discretion.
To permit accurate tracking, reporting and commission accrual, you must
ensure that the HTML code provided to you upon acceptance of your
Associate Program application and the special links between your site and
our site are properly formatted.
- We will pay you commissions on product sales to third parties. For
a product sale to generate a commission, the customer must first follow
a special link (in the HTML format specified by RuneMaster) from your site
to the RuneMaster site, runemaster.com; purchase the product using our automated
ordering system or shopping cart system; accept delivery of the product
at the shipping destination; and remit full payment to us.
- You will earn commissions based on the net sale price of any product
sold through RuneMaster, according to the commission schedules to be established
by us and whereas the customer first linked to our site using special links
from your site. “Net sale” means the sale price as listed in our catalog
and excludes costs for shipping, handling, express mail services, and sales
taxes. The current commission schedule is:
- (a) 15% of the net sale price for the first five hundred (500) sales
from customers referred to our site from your site using the special links
as described above, excluding returns, refunds and chargebacks.
- (b) 20% of the net sale price for sales five hundred one (501) or more
from customers referred to our site from your site using the special links
as described above, excluding returns, refunds and chargebacks.
- We will pay you commission fees on a monthly basis. Approximately thirty
(30) days following the end of each calendar month, we will send you a
check for the commission fees earned on products that were shipped during
that quarter, less any taxes that we are required by law to withhold. However,
if the fees payable to you for any calendar month are less than $25.00,
we will hold those fees until the total amount due is at least $25.00 or
(if earlier) until this Agreement is terminated. If a product that generated
a commission is returned by a customer, or we receive a chargeback from
the customer’s credit card company, we will deduct the corresponding commission
from your next monthly payment. If there is no subsequent payment, we will
send you a bill for the commission paid but not earned. Commission checks
are drawn on RuneMaster corporate checking account, and will be written in
United States currency.
- Customers who buy products through this Associate Program will be deemed
to be customers of RuneMaster. Accordingly, all RuneMaster rules, policies and
operating procedures concerning customer orders, customer service and product
sales will apply to those customers. We may change our policies and operating
procedures at any time. For example, we will determine the prices to be
charged for products sold under this Associate Program in accordance with
our own pricing policies. 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. We will use commercially reasonable efforts to present
accurate information, but we cannot guarantee the availability or price
of any particular item.
- You will be solely responsible for the development, operation and maintenance
of your site and for all materials that appear on your site. Such responsibilities
include, but are not limited to the technical operation of your site and
all related equipment; the accuracy and appropriateness of materials posted
on your site (including, among other things, all product-related materials);
ensuring that materials posted on your site do not violate or infringe
upon the rights of any third party (including, but not limited to, copyrights,
trademarks, privacy or other personal or proprietary rights); ensuring
that materials posted on your site are not libelous or otherwise illegal.
We disclaim all liability for all such matters. Further, you will indemnify and hold us harmless form all claims, damages and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance and contents of your site.
- The term of this Agreement will begin upon our acceptance of your Associate
Program 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 commission fees on sales occurring during the term, and fees earned
through the date of termination will remain payable only if the related
orders are not cancelled or returned. We may withhold your final payment
for a reasonable time to ensure that the correct amount is paid.
- 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 our site. Modifications may include, but are not limited
to, changes in scope of available commission fees, commission schedules,
payment procedures and Associate Program rules. 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.
- You and we are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between the parties. You will have no authority
to make or accept any offers or representations on our behalf. You will
not make any statement, whether on your site or otherwise, that reasonably
would contradict anything in this Section.
- 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 Associate 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 Associate Program will not exceed the
total commission fees paid or payable to you under this Agreement.
- We make no express or implied warranties or representations with respect
to the Associate Program or any products sold through the Associate Program
(including, without limitation, warranties of fitness, merchantability,
noninfringement, or any implied warranties arising out of the 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.
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY
OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM
THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR
TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF PARTICIPATING IN THE ASSOCIATE PROGRAM AND ARE NOT RELYING
ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH
IN THIS AGREEMENT.
- This Agreement will be governed by the laws of the United States and
the State of New Jersey, without reference to rules governing choice of
laws. Any action relating to this Agreement must be brought in the federal
or state courts located in Bergen County, New Jersey, and you irrevocably consent
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 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.
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Copyright © 2005 RuneMaster, LLC. All rights reserved.
