Affilate Agreement

As a Amazing Designer Handbags affiliate, simply place the links we make available to you on your website and you can begin earning commissions right away. When a visitor to your site clicks over to Amazing-Designer-Handbags.com and makes a purchase in that same session you earn a referral fee. You earn a 17% commission on the net purchase amount for every sale you send our way! Since our average order size is higher than most websites (net of returns it's about $150) you can make approximately $25.5 for every sale you send to Amazing Designer Handbags! Sound simple? It is!

Agreement

1. Overview.

Publishers are offered the opportunity to earn a commission on Qualifying Revenue  for referring web surfers to the Publisher's web site who click-on a Tracking Code Link,  go directly to the Destination Site,  complete a purchase during the same session. Any transaction that meets all of the requirements described above is a "Qualifying Purchase." We will not pay referral or other fees on any products that are subsequently purchased after a customer has re-entered the Destination Site other than through a Tracking Code Link from Publisher's Web site, even If the customer previously followed a Tracking Code Link from Publisher's Web site to the Destination site. We reserve the right to reject orders that do not comply with any requirements that we may periodically establish. For purposes hereof: "Qualifying Revenue" means revenues derived by us from Qualifying Purchases, excluding revenues derived from and costs associated with returns, shipping, handling, gift-wrapping, taxes, customs and duties, service charges, credit card processing fees, bad debt, and promotional discounts as advertised.

2. Approval.

This Agreement shall apply only to approved Publishers who accept the Standard Terms and Conditions of the Program and only Publishers who accept this Agreement may participate in the Program.
Other than the payment of the commission, Publisher shall have no claims to any additional compensation, commissions or business derived by or through a Destination Site.
Participation in Program does not constitute an employment, broker or agency relationship between Publisher and Company nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.

3. Term and Termination.

The term of this Agreement shall be continuous, unless and until either party properly terminates this Agreement.
This Agreement may be terminated immediately by Company in the event that Publisher: operates an illegal business through its web site and/or subscription e-mail list; engages in any illegal activity of any type, including but not limited to displaying illegal content on its web site and/or in its subscription e-mails or offering any illegal goods or services through its web site and/or subscription e-mails; its web site or e-mail Link to its web sites contain or promote, any content which Company, in its sole discretion, believes is misleading, abusive, violent, bigoted, hate-oriented, or pornographic; engages in indiscriminate or unsolicited commercial advertising e-mails; places Links to a Destination Site in newsgroups, message boards, unsolicited e-mail and other types of spam, banner networks, counters, chatrooms, guestbooks, IRC channels or through similar Internet resources; causes or enables Links to a Destination Site which are not made in good faith, including, but not limited to, by means of any device, program, robot, Iframes, hidden frames, JavaScript popup windows and redirects; establishes or causes to be established any promotion that provides any rewards, points or compensation for Qualified Leads, or that allows third parties to place Links to the Destination Site without Company's prior written permission; breaches the licensing provisions of this Agreement; breaches any other intellectual property right, provision of this Agreement, or other of common law intellectual property rights of Company; and/or dilutes, blurs or tarnishes the value of Company's Marks.
For purposes of notification of termination by Company, delivery via email is considered a written and immediate form of notification.

4. Limitation of Liability.

ADVERTISER'S TOTAL LIABILITY FOR DAMAGES ARISING UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNTS PAID TO PUBLISHER AS FEES HERE UNDER FOR THE EVENT GIVING RISE TO LIABILITY.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT WILL NOT APPLY TO CLAIMS, DAMAGES AND OTHER LOSSES ARISING IN CONNECTION WITH THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS; GROSS NEGLIGENCE; OR WILLFUL MISCONDUCT.

5. Fees; Payment.

5.1 Fees. For each Qualified Purchase completed during the term of this Agreement, we will pay you a one-time referral fee equal to the product obtained by multiplying the purchase price we received (less discounts, credits, taxes, shipping and handling and credit card fees) by the applicable revenue share percentage set forth below (the "Referral Fee"). "Qualified Purchase," means the purchase of a product from our site by a customer within 60 days after the customer is transported from your site to our site through a properly formatted Link. All Referral Fees are for your use only and therefore may not be offered, directly or indirectly, in whole or in part, to our customers in the form of rebates, coupons, commissions, refunds or otherwise, without our prior written consent.

5.2 Cancellations; Returns. We will have no obligation to pay any Referral Fee for orders that are cancelled or returned or placed after the termination of this Agreement. All Referral Fees previously paid with respect to orders that are cancelled or returned shall be deducted from the next payment due.

5.3 Payment; Accrual of Fees. Approximately forty-five (45) days after the end of each calendar month during the term of this Agreement, we will pay you the Referral Fees due for the month. All Referral Fees will be paid in United States Dollars. We reserve the right to delay payment of Referral fees earned on orders in excess of Five Hundred Dollars ($500.00) for a reasonable time in order to ensure the validity of the order.

6. Reports.

You will have access to online reports on the activity originating from your site, which may include information on impressions, click-throughs, orders, shipments and Referral Fees earned. You acknowledge and agree that the names and addresses of our customers, and all related information, shall be the property of Amazing Designer Handbags exclusively and no rights in or to such information are granted to you under this Agreement.

7. Policies and Pricing.

Customers who buy products through the Program will be deemed to be Company's customers. Accordingly, all Company rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. Company may change its policies and operating procedures at any time. For example, Company will determine the prices to be charged for products sold under this Program in accordance with its own pricing policies. Product prices and availability may vary from time to time. Company will use commercially reasonable efforts to present accurate information, but cannot guarantee the availability or price of any particular product. If Publisher offers its users an incentive, discount, cash-back on purchases program or similar program based on the user's purchase through the Program, it shall be solely Publisher's obligation to that user to make payments pursuant to that program. Publisher's sole obligation shall be to pay earned fees to Publisher as stated in this Agreement. At Company's discretion, Company may offer affiliate-wide promotional codes that Publisher can post on Publisher's site. Publisher shall only post promotional codes that are either affiliate-wide or specific for Publisher's site. Publisher may not post promotional codes that are not for Publisher's use. Should Publisher post promotional codes that are not for Publisher's use, Company has the right to withhold referral fees and remove Publisher from Company's affiliate program.

8. Customer and Sales Information.

Company will own all right, title, and interest (including all intellectual property rights) in and to all information that is created or collected in connection with this Agreement, including, without limitation, any contact information collected from any customer who enters the Destination Site from a Tracking Code Link from Publisher's Web site ("Affiliate Customers"); and any information regarding click-through rates or product purchases by Affiliate Customers ("Sales Information"). Subject to the terms and conditions of this Agreement, Company grants you a limited worldwide, non-exclusive, non-transferable royalty-free license to use the Sales Information to the extent necessary to fulfill your obligations under this Agreement or for your internal research purposes. You agree not to disclose any Sales Information or Affiliate Customer contact information to any third party without Amazing Designer Handbags prior written approval.

9. Additional Terms.

Company reserves the right to modify the terms and conditions of this Agreement in its sole discretion upon seven days prior written notice to Publisher. If any modification is unacceptable to Publisher, Publisher's sole recourse is to terminate this Agreement. Publisher's continued participation in the Program after notice of modification to the terms and conditions of this Agreement constitutes Publishers binding acceptance to the change.

BY APPLYING FOR THE AMAZING DESIGNER HANDBAGS PROGRAM AND CLICKING ON THE "I AGREE" ICON BUTTON YOU ARE SIGNIFYING YOUR AGREEMENT TO BE PRESENTLY BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT.