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Affiliate Program Terms

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in The Edington Collection Affiliate Program. As used in this Agreement, "we" means The Edington Collection, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to The Edington Collection’s site located at the URL http://www.edingtoncollection.com, or to the site that you will link to our site (and which you will identify in your account details).

1. Enrollment in the Program

To begin the enrollment process, you will create an Affiliate account via our site. We will evaluate your account 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 or illegal activities
  • promote discrimination on race, sex, religion, nationality, disability, sexual orientation, or age
  • otherwise 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 our 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 a specific link to our site home page, or a specific page or product within our site.

To permit accurate tracking, reporting, and referral fees - commissions, we will provide you with special link to be used in the link between your site and our site. You must ensure that the link between your site and our site is functional.

Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will only earn referral fees with respect to activity on our site occurring directly through this Special Link: we will not be liable to you with respect to any failure by you to use the Special Link, including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement.

3. Order Processing

We will process retail product orders placed by customers who follow special links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. 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 using the special link from your site to our site and will make available to you reports summarizing the sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.

4. Referral Fees

We will pay you (in accordance with Sections 5 and 6 below) referral fees on all Retail Product sales to third parties. For a Retail Product sale to be eligible to earn a referral fee, the customer must follow the 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. The Affiliate Program is intended for commercial use BUT YOU MAY PURCHASE PRODUCTS THROUGH THE PROGRAM FOR YOUR OWN USE. Such purchases will also be eligible for commissions.

The Affiliate Program is only applicable to retail orders. Referral Fees will NOT be paid on any wholesale order. We will immediately revoke your license if at any time a wholesale order is placed under your affiliate license.

5. Referral Fee Schedule

You will receive a Referral Fee based on Revenues according to the Referral Fee schedules to be established by us. "Revenues" are revenues derived by us from our retail sales of Products, excluding costs for shipping, handling, gift-wrapping, taxes, service charges, discount coupons, gift certificate payment methods, reward points payment methods, credit card processing fees, and bad debt.

We will pay you 10% for all retail sales during a financial month. If your total retail sales do not exceed $200 for the month, your commission will be rolled forward to the following month.

At the end of a financial month, we will assess applicant’s web site before writing a check for payment. A condition of receiving payment is that the applicant’s web site must be actively promoting our web page before we can pay a check. In other words, your web site must be actively displaying a link to our site as an The Edington Collection logo, tile, graphic, banner advertisement, or text link in order to receive payment.

6. Referral Fee Payment

We will pay you referral fees on a monthly basis. Approximately 20 days following the end of each calendar month, we will send you a check for the referral fees earned on our sales of Products that were shipped during that month, less any taxes that we are required by law to withhold. However, if the referral fees payable to you for any calendar month are less than $20.00, we will hold those referral fees until the total amount due is at least $20.00 or (if earlier) until this Agreement is terminated. If a customer returns Product that generated a referral fee, we will deduct the corresponding referral fee from your next monthly payment. If there is no subsequent payment, we may send you a bill for the referral fee.

7. Policies and Pricing

Customers who buy products through this Program will be deemed to be customers of The Edington Collection. Accordingly, all The Edington Collection 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.

8. Identifying Yourself as an Affiliate

We will make available to you a small graphic image that identifies your site as a Program participant. You must display this logo or the text "Shop at The Edington Collection" somewhere on your site. We may modify the text or graphic image of this notice from time to time. You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion.

9. Limited License

We grant you a non-exclusive, revocable right to use the graphic image and text described in Section 8 and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating Product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.

10. 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.
  • Posting the special link we provide on your site 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.

11. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Affiliate account creation 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 The Edington Collection trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with our Program. You are only eligible to earn referral fees on our sales of Products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

12. 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 OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

13. 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.

14. 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 referral fees paid or payable to you under this Agreement.

15. 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. We reserve the right to make changes to the operating agreement. These changes will appear on this page.

16. 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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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.

17. Miscellaneous

The laws of the United States and the state of Washington will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts, and you irrevocably consent 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 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.

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