This Agreement contains the complete terms and conditions that apply to your participation in our Affiliate Member Program. As used in this Agreement, "we" or "us" refers to Jesus Life™ Corp. and "you" refers to the applicant. "Site" means a World Wide Web site and, identified by exact URL (Unified Resource Locator).
By signing up for an Affiliate Member Account, you are agreeing to the terms specified in this agreement. Violation of any terms and conditions included in this agreement may result in termination of your account, and possible forfeit of affiliate member commissions.
******************************************************************************************
You must be 18 years of age or older to enter into this Affiliate Agreement
******************************************************************************************
1. Enrollment in the ProgramTo begin the enrollment process, you will submit a complete Affiliate Member application via our site. We may reject your application if we determine (in our sole discretion) that your application is unsuitable for the Affiliate Member Program.
We reserve the right to terminate this agreement any time upon written notification to you.
2. Acceptable Affiliate Advertising MethodsAs an affiliate member, you earn commission income by promoting our products through various online and word of mouth marketing activities. The people you refer that purchase Jesus Life apparel will go towards earning commissions at a rate of 20% of the retail price of our product(s).
Your commission potential will be directly related to the marketing efforts you put forth. Some marketing activities you may utilize on your web site(s), blog(s), Facebook and Myspace pages include, but are not limited to:
- Text Links
- Graphical Banners and Buttons
- Text Links or endorsements in solicited emails
If you have any questions about whether a method of advertising is allowed, please contact us via email at affiliates@jesuslife.com
3. Utilizing Our Links on Your Site
As an affiliate member site ("Affiliate Site"), we will make available to you FREE links, banner advertisements, and button links to our site and/or text links to our site, containing the Jesus Life™ logo and words identifying Jesus Life™.com (each of these links sometimes being referred to herein as "Links", or individually as a "Link"), which subject to the terms and conditions hereof, you may display on your site, blog or solicited email campaigns. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links or Link.
4. Order ProcessingWe will process Product orders placed by customers solicited by you. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be facilitate all aspects of the sale for customers you refer . Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track the sales you solicit and made by customers who purchase Jesus Life products and will make available to you reports summarizing this sales activity. This information can be viewed by logging in to your private / secured Affiliate Member account on the JesusLife.com website 24/7. The form, content, and frequency of the reports may vary from time to time at our discretion.
5. Commissions
We will pay you a commission equal to twenty percent (20%), (the "Commission Rate") in US funds, of the Net Retail Sales generated to us by users you referred to our site who purchase products utilizing the Links between your web site, blog or email link, and our website ("Net Retail Sales"). Shipping & sales tax fees will be excluded from the Net Retail Sales amount. The Commission Rate is subject to change at any time, in our sole and absolute discretion. You will be notified of any change in the Commission Rate, pursuant to the provisions of this Affiliate member Agreement. Net Retail Sales will also be reduced for amounts due to credit card fraud, bad debts and credits for returned goods.
6. Commission Payment
Commission’s will be processed and mailed approximately 25 days following the end of each calendar month. We will send you a check for the commissions earned on Net Retail Sales of products that were shipped and paid during that month. However, if the commission fees payable to you for any calendar month is less than $50.00, we will hold the commission and carry the amount over to the following month(s) until the total commission earned is at least $50.00. If a product that generated a commission is returned or is purchased by the use of a fraudulent credit card, we will deduct the corresponding commission fee from your next payment.
7. Tax Reporting Requirement
United States Affiliates (individual / resident / corporation / businesses) must provide us with a completed W-9 Federal Tax form before we will issue a check to the Affiliate. We agree to issue a 1099 to Affiliates only if they reach the maximum payout allowed under Federal tax law (currently $600 – 3/30/01). We will provide you with the necessary form.
8. Non-Exclusive Limited License and Use of Jesus Life’s™ Logos and Trademarks.
We grant you a non-exclusive, non-transferable, revocable right to (i) access our site through links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material (collectively "Licensed Materials"), solely for the purpose of selling Jesus Life™ products on your site, blog or email campaigns. You may not alter, modify or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials to the extent you are a member, in good standing, of the Affiliate Program.
9. Non-Exclusive Limited License and Use of Approved Publishers' Images.
All images, trademarks, service marks, product names, company names or logos appearing on the Jesus Life™.com's Web site, other than the Licensed Materials owned by Jesus Life™ are the property of their respective owners. Any use of such images, trademarks, service marks, product names, company names or logos, including the reproduction, modification, distribution or republication of same, without the prior written permission of the owner of same, is strictly prohibited.
10. Non-Exclusive Limited License and Use of Affiliates Logos and Trademarks.
You grant us a non-exclusive license to utilize your names, titles and logos, trademarks (collectively the "Affiliate Trademarks"), to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
11. Term of the AgreementThe term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party a written 10 day notice of termination. This agreement shall survive the term of this agreement. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site and any other promotional materials that we provided to you as to an affiliate. You are eligible to earn referral fees only for Qualified Orders that occur during the active term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. The $50 minimum payment processing fee found in section 6. of this agreement shall apply to all final payment(s) due to termination or cancellation by either party. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
12. ModificationWe may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, but not limited to, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
13. Relationship of PartiesYou and we are independent contractors, and nothing in this Agreement will create any partnership, 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.
14. Limitation of LiabilityWe 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 we have been advised of the possibility of such damages. Further, 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.
15. Independent InvestigationTHIS IS A LEGAL AGREEMENT BETWEEN YOU AND Jesus Life™. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THIS AFFILIATE MEMBER AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE MEMBER AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
16. DisclaimersWe make 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, non-infringement, 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.