This Agreement contains the terms and conditions that apply to an individual's or entity's participation in the Sheer Expressions Lingerie Affiliates Program (the Program). As used in this Agreement, "SE" means Sheer Expressions,
656 North Wellwood Avenue, # 123, Lindenhurst, NY 11757, and Affiliate" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Sheer Expressions Lingerie's site located at the URL www.SheerExpressions.com, or to the site that the Affiliate will link to
the SE site (and which the Affiliate will identify in the Program application).
Enrollment in the Program
The Affiliate applies for enrollment in the Program by submitting the Affiliate
Application form. SE will evaluate the Affiliate's application and notify the Affiliate of the Affiliate's acceptance or rejection. SE may reject the Affiliate's application for any reason at its sole discretion.
Links on The Affiliate's
Once you have been notified that your site has been accepted into the Program, the Affiliate may post a SE Link on the Affiliate's site and Link to the SE site. SE will make available
text and image links that will enable their
visitors to "click" and go to the SE site. SE reserves the right to change graphic images at any time without any actions on the part of the Affiliate.
Qualifying for Referral Fees
SE will track all purchases made from its site by customers who came directly from the Affiliate's site. For a Product to be eligible to earn a "Qualifying Referral" fee, the customer must enter a special link from your site to our site, select and purchase the product using our automated ordering system, accept delivery of the product at the shipping destination, and remit full payment to us. Costs for shipping, handling, catalogs, gift certificates, gift wrapping, taxes, service charges, credit card processing fees, and bad debt are not eligible to earn referral fees. Products returned by customers for refunds shall not qualify for referral fees. SE reserves the right to reject any order from any customer for any reason, including, but not limited to the age or location of the customer.
Referral Fee Amounts
The current referral fee amount is a generous 10% of net sales for customers coming directly from the Affiliate's site. Excluding costs for shipping, handling, catalogs, gift certificates, gift-wrapping, taxes, service charges credit card processing fees, bad debt. and returned products for refunds. SE reserves the right to change these fees upon notification by alteration to this agreement posted on the SE site. The Affiliate understands that SE may at any time 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 the Affiliate's site.
Referral Fees Credited on
Referral fees will be credited to the Affiliate's account only at the time the customer's credit card is charged, not at the time the purchase is made. SE charges the customer's credit card at the time the product is shipped. While SE does everything possible to maintain customer satisfaction, out-of-stock items can cause a delay in shipping.
Referral Fee Payment
We will pay you referral fees on a quarterly basis. Approximately 30 days following the end of each calendar quarter, SE will send the Affiliate a check for the referral fees earned on SE's sales of qualifying products that were shipped during that quarter, less any taxes that SE are required by law to withhold. However, if the referral fees payable to the Affiliate for any calendar quarter are less than $100.00. (One Hundred Dollars), SE will hold those referral fees until the total amount due is at least $100.00 (One Hundred Dollars) or until this Agreement is terminated. If the customer returns a product that generated a referral fee, SE will deduct the correspondent referral fee from the Affiliate's next quarterly payment. If there is no subsequent payment, SE will send the Affiliate a bill for the referral fee.
Should an Affiliate earn $600.00 (Six Hundred Dollars) or more during any
calendar year, it is the Affiliate's responsibility to provide SE with the
necessary tax information for SE to report their earnings.
Term of Agreement
The term of this Agreement will begin upon SE's acceptance of the Affiliate's Program application and will end when terminated by either party. Either the Affiliate or SE may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination by postal mail or
e-mail. Upon termination of this Agreement for any reason, the Affiliate will immediately cease use of, and remove from the Affiliate's site, all links to SE's site. The Affiliate is only eligible to earn referral fees on SE's sales of qualifying products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned.
Modification of Agreement
SE may modify any of the terms and conditions contained in this Agreement, at any time and in SE's sole discretion, by posting a change notice or a new agreement on SE's site. Modification may include, but not limited to, changes in referral fees, referral fee payment schedules, payment procedures, and program rules. SE will give the Affiliate
a minimum of thirty (30) days prior notice of any changes in referral fees, payment schedule, payment procedures and program rules by postal mail or
e-mail. The Affiliate's continued participation in this program following SE's notice of a change or new agreement will constitute binding acceptance of the change.
Fulfillment and Customer
SE is responsible for receiving, processing and shipping of all orders, resolving all customer service problems including shipping, authorization of credit cards, customer questions and returns. SE is not responsible for delays in shipment: including without limitation delays caused by product availability, failure to authorize customer credit cards or incomplete information given by the customer. SE cannot guarantee product availability for shipment or sale.
SE is not responsible for sales from the Affiliate site. Much depends on how many visitors you receive monthly and how much exposure you give the link(s) to us. Proper web site design, coding and placement of links is the sole responsibility of the Affiliate. SE is not responsible for sales not attributed to the Affiliate due to improper links.
Limitation of Liability
SE 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 SE has 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 referral fees paid or payable to you under this Agreement.
SE makes 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.
By submission of the Affiliate Application form, the Affiliate acknowledges that the Affiliate has read this agreement and agrees to all its terms and conditions. The affiliate has independently evaluated the desirability of participating in the program and is not relying on any representation, guarantee, or statement other than as set forth in this agreement.
This Agreement will be govern by the laws of the United States and the state of New York, 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 New York and the Affiliate irrevocably consents to the jurisdiction of such courts.