Affiliate Program Agreement
Terms & Conditions
I Accept
These Terms & Conditions
This Affiliate Program Agreement contains the terms and conditions that apply to
your participation in the Deutsch Friesenhahn Fine Art and Draw And Paint School
Affiliate Program. By checking the agreement box on the end of the associate
signup form, you acknowledge that you have read and understand these terms and
conditions and you agree to be legally bound by the Affiliate Program Agreement.
Joining The Affiliate
Program
To become an affiliate, you must be 18 years of age or older. You must enroll
via our signup form. When you click the submit button at the end of the
form, you will automatically be enrolled. If you live outside of The United
States and do not have a United States Social Security Number you may be subject
to withholding of income tax equivalent to the amount you would be required to
pay as an independent contractor living in The United States.
Affiliate Approval
Most all applications will be accepted. This site strives to be a family oriented site. As such, those sites that will not be approved are sites that are adult oriented, illegal, promote violence, or sites that are unacceptable to our moral views.
Linking To Deutsch Friesenhahn Fine Art and/or Draw And Paint School
Your own unique ID number, Banners and Text links are provided to you at http://www.DeutschFriesenhahn.com/AffiliateWiz/default.asp They are accessible via the User ID and Password with which you signed up. DO NOT SPAM (mass unsolicited email, posting ads to irrelevant newsgroups or ezines, etc.)!!! All members caught spamming will have their accounts deleted from the Affiliate Program and any and all accumulated monies earned will not be due the affiliate in question.
Commission
You will earn a commission equal to 20% of gross sales (less taxes and shipping) upon the approval of a purchase made by the customer from either the Deutsch Friesenhahn Fine Art or Draw And Paint School website. You will also earn another 5% commission from any commissions earned by any affiliate who was signed up in the Affiliate Program by you. This will be called the Second Tier Commissions. All commissions and stats will be listed online at http://www.DeutschFriesenhahn.com/AffiliateWiz/default.asp. An automatic email is available to you, which will notify you of any sales made from your links. If you would like to have this option, make sure the box is checked on your signup page. Minimum commission checks written are $30.00. If this agreement is terminated with less than $30.00 accrued in commissions, no monies are due the former affiliate. Commissions are paid once a month, within two weeks following the end of each month. No interest is accrued.
Bonus Commissions
Draw And Paint School
A $75.00 Bonus Commission will be paid to each Affiliate Program member who signs up 10 (ten) paying members into Draw And Paint School. There is no time limit for this contest. This offer may be canceled and repeated at a later date.
Limited
License
We grant you a nonexclusive, revocable right to use any graphic image and text
necessary to establish links to Deutsch Friesenhahn Fine Art http://www.DeutschFriesenhahn.com
and/or Draw And Paint School http://www.DrawAndPaintSchool.com
from your site or other online or offline marketing materials and such other
images for which we grant express permission, solely for the purpose of
identifying you as an associate and to assist in generating sales. You may not
modify any graphic image or text, or any other of our images, in any way. We
reserve all of our rights in the graphic image and text, any other images, our
trade names and trademarks, and all other intellectual property rights. You
agree to follow our Trademark Guidelines, as those guidelines may change from
time to time. We may revoke your license at any time by giving you written
notice via e-mail or postal mail.
Affiliate
Responsibility
Affiliates will be responsible for both online and offline marketing efforts.
All marketing must be approved by the website owner. Affiliates may email the
owner at: MarketingApproval@DrawAndPaintSchool.com. Any marketing materials
offered on http://www.DeutschFriesenhahn.com/AffiliateWiz.default.asp
are automatically approved.
Termination of Your
Participation in the Affiliate Program
You will become an affiliate immediately and will remain an affiliate until
either party terminates the Agreement. You may terminate this agreement with or
without cause by giving Deutsch Friesenhahn Fine Art/Draw And Paint School
written notice via email or regular mail. We may terminate this agreement via
termination of the affiliate program. We may also terminate your participation
in the Associate Program if we find that you have acted in an unprofessional or
unethical way as an Affiliate of Deutsch Friesenhahn Fine Art or Draw And Paint
School or if we find that you have breached this agreement in any way. Upon
the termination of this Agreement or your participation in the Affiliate
Program, you must immediately cease use of, and remove from your site, all links,
logos, and any other materials provided by us to you in connection with the
Deutsch Friesenhahn Fine Art and/or Draw And Paint School websites, unless
permission is granted in writing by email or US mail. You are only eligible to
earn commissions on sales occurring during the term, and commissions earned
through the date of termination will remain payable only if the related orders
are not canceled or returned. We may withhold your final payment for a
reasonable time to ensure that the correct amount is paid.
Modification
We may modify any of the terms and conditions contained in this Agreement, by
posting a change notice or a new agreement on our site. If you do not agree with
the changes, please terminate your affiliate membership. Your continued
participation in this Affiliate Program will constitute binding acceptance of
any changes made.
Relationship Of Parties
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 us. 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.
Limitation Of Liability
We will not be liable for any loss of revenue, profits, or data arising in
connection with this Affiliate Agreement or the Affiliate Program or website
software or servers. Further, our aggregate liability arising with respect to
this Affiliate Agreement and the Affiliate Program will not exceed the total
commissions paid or payable to you under this Agreement.
Disclaimers
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.
Miscellaneous
This Agreement will be governed by the laws of the United States and the state
of Texas, 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 Round Rock, Texas and you irrevocably consent to the jurisdiction of
such courts. You may not assign this Affiliate Agreement, by operation of law or
otherwise, without our prior written consent. Subject to that restriction, this
Affiliate 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 Affiliate Agreement
will not constitute a waiver of our right to subsequently enforce such provision
or any other provision of this Agreement.
By Signing Up For This Affiliate Program, I Accept These Terms & Conditions