This agreement contains the terms and conditions that apply to an individual's or
entity's participation in the It's A Black Thang.com Affiliate Program (the "Program"). As used in this
agreement, "we" means It's A Black Thang.com, and "you" means the applicant. "Site" means a
World Wide Web site and, depending on the context, refers either to Its A Black Thang.com's site, located at the URL www.itsablackthang.com, or to any site that you will link to our site
(which you will identify on your application form).
1. Enrollment in the program
To begin the enrollment process, you
must review and agree to this Affiliate Agreement and then submit
your application. We will evaluate your application in good faith
and will notify you of your acceptance or rejection. We may reject
your application if we determine (in our sole discretion) that your
site is unsuitable for our program.
Unsuitable sites include those that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age
- promote illegal activities
- violate intellectual property rights
If we reject your application, you are welcome to reapply
at any time. You should also note that if we accept your application and your site is thereafter determined (in
our sole discretion) to be unsuitable for the program, we may terminate this
agreement.
2. Links On Your Site
Once you have been notified that your site has been accepted, you may
provide on your site one or more of the following types of links to our site:
It's A Black Thang.com home page: You may provide a link on your site to
our home page at www.itsablackthang.com
Product Page Links: You may
link to a specific product or category of products on It's A Black
Thang.com and we will provide links
to the corresponding pages. Each such link will connect directly
to a particular page in our online catalog. This is
ideal for promoting specific products. You may add or delete
products (and related links) from your site at any time without our approval.
We will provide you with guidelines and graphical artwork to use in linking to our home
page. To permit accurate tracking, reporting, and commission accrual, we will provide you
with a unique link based on your "Affiliate ID" to be used in all links between your site and our site. You
must ensure that each of the links between your site and our site properly
utilize the correct format. You will earn commissions only with respect to activity on our site occurring directly through
your Affiliate ID based link. We will not be liable to you with respect to any failure by you to use
the correct link, including to the extent that such failure may result in any reduction of amounts that would otherwise be
paid to you pursuant to this agreement.
3. Order Processing
We will process product orders placed by customers who follow your
unique link
from your site to our site. We reserve the right to reject orders that do not comply with any
requirements that we may establish periodically. We will be responsible for all aspects of
order processing and fulfillment. Among other things, we will prepare order forms, process
payments, cancellations, and returns, and handle customer service. We will track sales made
to customers who purchase products by using your unique link from your site to our site and
we will make available to you reports summarizing this sales activity.
4. Commissions
Your commission rate is 10% of the retail portion of the sale (not
the shipping and handling).
(You can use your unique link to purchase products for
yourself and still earn a commission.)
We process commission checks on approximately
the 15th of every month, for commissions earned in the previous
month. There is no minimum commission requirement, we pay any
commission due.
Customer returns, refunds,
cancellations and fraudulent purchases will be deducted from any
commission due. We will notify you of any customer returns, refunds,
cancellations and fraudulent purchases that affect your commission
payments.
5. Policies And Pricing
Customers who buy products through this program will be deemed to be customers of
It's A Black Thang.com. Accordingly, all It's A Black Thang.com rules, policies, and operating procedures
concerning customer orders, customer service, and product sales will apply to those
customers. We may change our policies and operating procedures at any time. For example,
we will determine the prices to be charged for products sold under this
program in accordance with our own pricing policies. Product prices and availability may vary from time
to time. Because price changes may affect products that you already have listed on your site,
you may not include price information in your product descriptions. We will use
commercially reasonable efforts to present accurate information, but we cannot guarantee the
availability or price of any particular product.
6. Responsibility For Your Site
You will be solely responsible for the development, operation, and maintenance of your site
and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- Creating and posting product descriptions on your site and linking
to our site
- The accuracy and appropriateness of materials posted on your site (including, among
other things, all product-related materials) ensuring that materials posted on your site do not violate or infringe upon the rights of
any third party (including, for example, copyrights, trademarks, privacy, or other
personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
- We disclaim all liability for these matters. Further, you will indemnify and hold us harmless
from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating
to the development, operation, maintenance, and contents of your site.
7. Term Of The Agreement
The term of this agreement will begin upon our acceptance of your application
form 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 written notice of termination. 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 all It's A Black Thang.com
trademarks, logos, and all other materials provided by or on behalf of us to you pursuant hereto or in
connection with the Program. You are eligible to earn commissions up to the date of
termination.
8. Modification
We 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, for example, 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 the posting on out site, or notification to you
via email, of a change to this agreement will constitute binding
acceptance of the change.
9. Relationship of Parties
You 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 of
this agreement.
10. Limitation of Liability
We 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
commissions paid or payable to you under this agreement.
11. Disclaimers
We 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.
13. Independent Investigation
You acknowledge that you have read this agreement and agree to all
its terms and conditions. You understand that we may at any time
(directly or indirectly) solicit customer referrals on terms that
may differ from those contained in this agreement or operate
websites that are similar to or compete with your website. You have
independently evaluated the desirability of participating in our
program and are not relying on any representation, guarantee, or
statement other than as set forth in this agreement.
15. Miscellaneous
This agreement will be governed by the laws of the United States
and the state of
Florida, 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
Tampa, Florida, and you consent irrevocably to the jurisdiction of such courts. You may not assign this
agreement, by operation of law or otherwise, without our prior written consent. Subject to
that restriction, this agreement will be binding on, inure to the benefit of, and be enforceable
against the parties and their respective successors and assigns. Our failure to enforce your
strict performance of any provision of this agreement will not constitute a waiver of our right
to subsequently enforce such provision or any other provision of this agreement.
