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This is our 'Affiliate Agreement', which also serves as our 'Rules and Regulations' for the Nelidova Records Affiliate Program. Nelidova Records is owned and operated by Nelidova Enterprises, LLC with whom this agreement is made.
General Terms
Members of our program must agree to the Affiliate Agreement before requesting membership. Your request for membership in this program is considered acceptance of the terms within this agreement. We may reject your request for membership if we determine (in our sole discretion) that your site is unsuitable for our program for any reason -- including without limitation, because your site contains material that is violent, threatening, harmful, unlawful, discriminatory, defamatory, infringing, harassing, offensive or otherwise objectionable or inappropriate. If we reject your application, you are welcome to reapply to our program at any time. If we accept your application but later determine (at our sole discretion) your site is unsuitable, we may terminate this agreement.
Membership Term
A membership term is ongoing. There is no renewal date for membership. Your membership can be terminated by you as long as you request termination in writing by sending a cancellation request to affiliates@nelidova.com. Nelidova Enterprises, LLC may terminate your membership at anytime as deemed prudent or necessary by Nelidova Enterprises, LLC
Banner, Button or Text Link Placement
Members of the Nelidova Records Affiliate Program are required to place a banner, button, or text link which points to a pre-determined web URL, given to you by Nelidova Enterprises, LLC. It is the member's responsibility to place said link within the page(s) of their web site. You will earn referral fees only from activity on our sites occurring directly through these links. You will be responsible for setting up the links connecting your site to the URL(s) designated by us and for ensuring the links are in good and working order. You will be responsible for the maintenance and placement of our promotional materials on your site. You may not alter, modify or change in any way our promotional materials without our prior written approval, and you will be responsible for any inaccuracies or other changes when posting our promotional materials on your site. We may modify our promotional materials at any time in our sole discretion, and you will make any such modifications promptly upon our request. You agree to immediately delete or remove our promotional materials, along with any copies, from your site (or any other media under your control) upon our request or upon termination of this agreement.
Payment To Affiliates
Nelidova Enterprises, LLC agrees to pay each member accordingly for amounts due to them. Nelidova Enterprises, LLC will pay you a 20% commission on qualifying revenues (Qualifying Revenues are defined as net revenues - the amount of sale excluding taxes and shipping.) Note - this 20% commission may be changed any time and at our discretion. Should this occur, Nelidova Enterprises, LLC will notify you of the change.
Payments are made 4 times per year on a quarterly basis and is sent via standard mail to the address on record for the member. It is the responsibility of each member to keep their mailing address info current. If mail is returned to us because a member has not kept this info current, no attempt will be made by Nelidova Enterprises, LLC to seek current mailing address information.
Commission checks or merchandise credits will be issued to an Affiliate when the minimum commission threshold of $25 is met in a given quarter. Affiliates who have not met the minimum commission threshold of $25 will receive a check at the end of the next quarter when their aggregate commissions do total $25.
Quarterly Payment Schedule:::Payment Made First Week Of:
September, December, March, June
Earning Commission Fees for Qualifying Orders
We will pay you commission on the sale of our products to consumers if (a) the consumer follows a link from your site to the ordering page of our site at the URL designated by us, (b) you correctly use our promotional materials as designated by us, and (c) the consumer purchases our products using the ordering system on our site within ninety days of following the link from your site. Commissions will be credited on such products after order, payment and shipping have occurred.
Improper Usage
The member agrees to use their membership in a proper manner. This includes following all basic forms of etiquette known by the Internet community as a whole. The following are specifically forbidden and will result in immediate membership termination and forfeiture of any fees owed to member.
As Nelidova Enterprises, LLC may not review all information provided by you, you shall remain solely responsible for your content and web site. As an affiliate, you may not artificially inflate traffic counts to our site using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners and/or links or submit multiple leads to Your Merchant partners.
Links may not be placed in newsgroups, unsolicited e-mail, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to the related Merchant for that Link.
Points or reward programs for click or lead programs are not allowed. Nelidova Enterprises, LLC RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF our affiliate program. If you are terminated from the service, Nelidova Enterprises, LLC has the right to withhold money you earned within the service.
Link Spoofing/Blind Links
Any attempt by a member to inappropriately, or misguidingly direct visitors to our web site through their member link are grounds for immediate termination of membership. Only approved banners and text links as provided at http://www.nelidovarecords.com/html/banners.html are to be used by members.
Public Statements
You agree that we may identify you or your site as an affiliate of our program as long as you participate in our program. We may make this identification orally, in writing or electronically, including without limitation, in press releases, public announcements and promotional materials publicizing, advertising or promoting our program.
Limited License
We grant you a limited, nonexclusive, nontransferable, revocable right during the term of this Agreement to use (a) the graphic image and phrases we provide solely for purposes of identifying your site as an affiliate of our program, (b) Our promotional materials solely for purposes of establishing links between your site and our site, and (c) any other proprietary materials for which we grant you express permission in writing solely for purposes of your participation in our program in accordance with the terms of such writing. You may not alter, modify or change any of our proprietary materials in any way. We reserve all of our rights (including without limitation, our copyright, trademark, patent or other intellectual property rights) in all of our proprietary materials.
We may revoke your license at any time.
Relationship of the Parties
You and Nelidova Enterprises, LLC are independent contractors, and nothing in this Agreement will create any 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.
Representations and Warranties
We make no express or implied warranties or representations with respect to this program, any of our products or our website. In addition, we make no representation or guarantee that the operation of our site or ordering pages will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Disclaimers and Indemnification
Nelidova Enterprises, LLC specifically disclaims all liability concerning your site and all materials that appear on your site. You will indemnify and hold us (and our affiliates, officers and employees) harmless from any and all claims, liabilities, damages, costs and expenses (including without limitation, attorneys' fees) relating to the development, operation, maintenance, use, and materials of your site.
Limitation of Liability
We will not be liable to you or any third party for any damages for any loss of profits, revenue, data or services arising in connection with this Agreement, our program, our products or our site, regardless of whether such damages were foreseeable or whether we have been advised of such damages in advance. Further, our aggregate liability arising with respect to this agreement, our program and our products or our site will in no event exceed the total Commissions paid or payable to you under this agreement.