JadeYoga Affiliate Program Agreement and Terms & Conditions This Affiliate Agreement ("Agreement") contains the terms and conditions between us, Jade Industries, Inc., dba JadeYoga ("JadeYoga") located at 101 W. Washington Street, Conshohocken, PA 19428 and you ("Affiliate"), regarding your application and participation as an affiliate of JadeYoga and the establishment of links from your Web site to our Web site at "JadeYoga.com" Please read these terms and conditions carefully as they constitute a legal agreement between you and our company upon your acceptance into our affiliate program. By applying to and being accepted into our affiliate program, you agree to be bound by all of the terms and conditions set forth in this agreement relative to your participation in the affiliate program.
Affiliate Program EnrollmentTo become a participant in JadeYoga's Affiliate Program, you will have to submit a complete Affiliate Program Application via our Web site. We will evaluate your application and notify you of your acceptance. We may reject your application if we determine, in our sole discretion, that your Web site is not suitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable, which by way of example only, contains (i) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) graphic violence (which may include certain types of game sites), (iv) any unlawful behavior or conduct; or (v) is otherwise to be determined to be inappropriate. If we reject your application, you are welcome to reapply to the Affiliate Program at any time, provided, you alter your Web site to delete all offending content.
Setting Up LinksWe will make available to you: banner advertisements, button links and text links to our Web site ("Links"). In using the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. All Affiliate Web sites shall display such graphic images prominently throughout your Web sites as you see fit and with our consent. A Link can be modified and/or expanded with our consent. We have the right, in our sole discretion, to monitor your Web site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
Order ProcessingWe will process orders placed by customers who follow the Links from your Web site to the JadeYoga.com Web site. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements, which we may establish from time to time. All aspects of order processing and fulfillment, including order entry, customer service, cancellations, returns and payment processing will be our responsibility. We will track the amount of sales generated by your Web site and will make this information available to you through our Web site. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your Web site and our Web site are properly formatted. You are responsible to inform JadeYoga of any suspected problems in the tracking code immediately.
CommissionsWe will pay you a commission equal to ten (10%) percent (after any applicable discounts) for all new customer retail purchases, utilizing the Links between your Web site and ours, for products which we deliver to such customer and for which we have received full payment. A commission will only be paid if the customer is tracked as originating from your Link from the time of the Link to the time of the sale. For a sale to generate a commission, the customer must follow the Link for your Web site to our Web site, and make a purchase using our online ordering system, accept delivery of the product and remit full payment to us. However, no commission will be paid for orders that are refunded, not paid for, undeliverable or payment for which is credited to any customer. JadeYoga shall set the price of any products in its sole discretion.
PaymentsWe will pay your commission on a monthly basis. Within approximately 30 days following the end of each month, we will send you a check for the commission earned on the products shipped during the preceding month. If the commission payable to you for any month is less than fifty ($50.00) U.S. dollars, we will hold those commissions until such time as your commission earned equals at least fifty ($50.00) U.S. dollars. If a product sale that generated commission is refunded by the customer, we will deduct the corresponding commission from your next monthly payment. We reserve the right to remit payments to you electronically, in our sole discretion.
MaterialsJadeYoga may provide certain materials for use by Affiliate and on Affiliate's site. These materials may include, but are not limited to: promotional materials, product samples, banners, promotional links and language. JadeYoga retains all rights in these materials including the right to modify, remove (or ask you to remove) and to stop using said materials at any time and for any reason. Affiliate will not alter, add to, subtract from, or otherwise modify the materials provided by JadeYoga without first obtaining written consent from JadeYoga.
FraudJadeYoga also retains the right to review all commissions for possible fraud. Any incidence of fraud constitutes a breach of this Agreement, and JadeYoga retains full authority to terminate this Agreement immediately.
Non-ExclusiveThis is a non-exclusive agreement as to JadeYoga and Affiliate. Both parties may enter into similar agreements with other parties.
TerminationEither Party may terminate this agreement with 30 days written notice to the other party. The agreement may be terminated sooner by JadeYoga in the event of any breach by Affiliate.
Governing LawThis Agreement shall be subject to and construed according to the laws of the Commonwealth of Pennsylvania. Any suit to enforce any provision of this agreement must be filed in Montgomery Country, Pennsylvania. Validity: In the event that any one or more of the provisions of this Agreement shall for any reason be held to be invalid, such invalidity shall not affect any other provision of this Agreement. Interruption of Service: Although JadeYoga will try to keep the service operational at all times, a certain amount of downtime and interruption of service is always possible and inevitable. JadeYoga is not responsible for any interruption of the service and Affiliate agrees not to hold JadeYoga liable for any consequences of interruption of any service.
Entire AgreementThis Agreement contains the entire agreement of the parties and no oral statements or prior agreements shall have any force and effect. JadeYoga may modify the terms of this agreement from time to time.