This
Agreement constitutes the terms and conditions for a relationship
between applicants and affiliates in the DESERTSTORE.COM Affiliate
Network (You) and DESERTSTORE.COM.
To
apply for enrollment, You will submit a completed Application.
We will evaluate the application and notify You of your acceptance
or rejection. We may reject You for any reason, including the
compatibility of your Web site content with our business and
with this Affiliate Network.
We
will provide You with links, including URL addresses and appropriate
graphics (the Link Materials), with which you may link your Web
site to our Web site (www.DESERTSTORE.COM or such other Web site(s)
as we may establish from time to time). Details on accessing
these Link Materials are set out in the Affiliate Network Description
below. If you are an approved Affiliate, we grant You a non-exclusive
limited license solely to reproduce and use these Link Materials,
including our trademarks to the extent they are incorporated
into these Link Materials, only while you are an Affiliate and
only in accordance with the terms and conditions of this Agreement.
You
agree to display the Link Materials appropriately on your Web
site and to respect our trademarks, service marks, and other
rights in the Link Materials. You will use only these Link Materials
to link your Web site to ours, and You will not alter the look
or feel of these Link Materials or of our Web site in any way.
You will use reasonable efforts to update to new versions of
Link Materials as we make them available.
You
are an independent contractor. You are solely responsible for
the content and operation of your Web site including any products
or services you offer. Other than permitted uses of Linking Materials,
You will not advertise or otherwise publicize your relationship
with Us. We may publicize your affiliate relationship with Us.
We
may monitor your Web site to determine compliance with this Agreement.
You will work cooperatively with us to insure such compliance.
We may terminate your affiliate status for any reason, including
the compatibility of your Web site content with our business,
or your failure to comply with the terms of this Agreement. You
will remove all DESERTSTORE.COM linking materials immediately
upon any termination of your affiliate status by Us.
Customers
that link from your Web site to our Web site under this program
(DESERTSTORE.COM Customers) become our customers and our responsibility
for purposes of their business relationship with Us. DESERTSTORE.COM
Customer lists and other DESERTSTORE.COM Customer information
are our trade secret information.
While
you are an approved affiliate, you may earn fees for affiliate
services in accordance with the attached Fee Schedule. We may
change or terminate the Fee Schedule at any time and at our sole
discretion. We will provide you with access to certain tools
(Tracking Tools) with which you may review certain statistics
relating to DESERTSTORE.COM Customers that link to Us from your
Web site. Details on accessing these Tracking Tools are set out
in the Affiliate Network Description below.
We
make no representations or warranties as to this program or our
Linking Materials, or that our Web site will be available or
error free. We disclaim all liability for damages arising in
connection with this Agreement, even if we have been advised
of the possibility of such damages. Our liability to You under
this Agreement will not exceed the total of all Fees (if any)
payable to You under this Agreement..
Either
party may terminate this Agreement at will. Upon termination
by Us, any Fees due You through the time of termination will
be paid to You.
Affiliate
Network Description
Linking
Materials and Tracking Tools are currently available to approved
Affiliates at the Internet URL http://www.desertstore.com/affiliate/login.php. Access to these materials is password protected and limited to those Affiliates
that have submitted Applications approved by Us.
Fee
Schedule
We
will pay You 5% of Net Revenues generated by customers linking
to us from your Web site. For purposes of this agreement 'Net
Revenues' shall mean the total item prices attributable to customers
during Sessions, less chargebacks, taxes, shipping cost, and
processing fees attributable to the same, as may be amended from
time to time by us in our sole discretion. 'Session' shall mean
a single, continuous, uninterrupted session commencing with a
customer linking directly from your Web site and continuing until
the time that such customer exits our Web site ('Sessions' shall
mean the aggregate of the same). Payments will be made in accordance
with the following terms and conditions.
Only
affiliates who are approved by Us at the time of receipt of a
customer offer(s) will be eligible for payment under this Agreement.
Payments
will be made on a monthly (calendar year) basis to each affiliate
having an accrued balance of $50.00 or greater. Balances of less
that $50.00 will be credited towards the next calendar month.
As
an independent contractor, you will be solely and entirely responsible
for any and all taxes and/or other fees or obligations associated
with the receipt of your payment under this Agreement.
The
terms and conditions of this Fee Schedule, including the fee
amounts, may be changed at any time and for any reason within
our sole discretion.