1. PremierYarns.com LLC Affiliate Agreement 

This agreement describes the terms and conditions for participation in the PremierYarns.com Affiliate program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement,
Premieryarns.com refers to the product owner, we, us, (the Company). The PremierYarns.com Affiliate program is administered in part through a 3rd party Affiliate management application called Affiliatly (www.affiliatly.com).

2. Modification

The Company may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. All modifications will be posted here on our website, and it is your responsibility to keep abreast of these terms. These modifications may include but are not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change. 

3. Enrollment

To enroll in the Affiliate program, you must submit an Affiliate application and be approved by us. Applicants will be notified of their acceptance status as soon as possible after their information is reviewed. Approved Applicants will be provided with a W9 and Confidentiality Agreement that must be completed and returned within one month of application in order to keep account active. Applicants must be 18 or older and have a U.S. address.

4. Affiliate URL

You will be issued a special URL once you become an approved member of the Affiliate Program which will be unique to you and you only, and will allow you to be paid for Affiliate referrals

5. Commissions

Affiliates will receive 10% of the Net Proceeds as a commission from orders placed through properly coded Affiliate links (unless noted otherwise for a particular product). “Net Proceeds” will mean the gross proceeds received by PremierYarns.com from Qualifying Purchases on PremierYarns.com, less costs and expenses attributable to taxes, shipping and handling, fraud, bad debts, and duties. Commissions may change at the discretion of the Company. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an Affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the Affiliate. The Company shall track users who access PremierYarns.com from the Affiliate's website via an Affiliate link with a cookie containing the Affiliate’s identification, and that expires 3 days following said visit. A Qualifying Purchase made prior to the expiration of the cookie will be attributed to the Affiliate link provider whose Affiliate identification is recorded in the cookie associated with that website user. You are only eligible to earn a Referral Fee on sales occurring during the term of this agreement, and commissions earned through the date of termination will remain payable only if the product orders are not cancelled No commission will be paid for product purchases made by you, your household, or anyone within your organization.

6. Payment

The Company pays Affiliates via checks by mail or by PayPal. PayPal is the preferred payment method. Check Payment will be sent to the address provided to us by the Affiliate when the Affiliate joins. PayPal payment will be made to the email address listed on your account. The Company may elect to withhold payment for cancelled orders as its own discretion. Payouts will be made by the 20th of the following month based on the previous months net proceeds. If an affiliate is signed up to be paid by check and a monthly payout is less than fifty dollars ($50.00) the Company reserves the right to hold payment until a minimum of fifty dollars ($50.00) is reached. Payments shall be made in US Dollars by check in the name of the party and address provided by Affiliate. Affiliate shall be responsible for all taxes associated with the receipt of any payments.

7. Tax Forms and Address Changes

It is your responsibility to provide the Company with the tax and payment information required to issue a Commission Fee to you. Each Affiliate is required to submit a W8/W9 tax form before the Company will issue any Commission Fees. You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. In compliance with tax laws, the Company will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with proper address, tax forms (including W8/W9 or other tax forms) or information within two (2) days of any request issued by the Company to issue a Form 1099. Any address changes must be made in the Affiliate profile in the Affiliate Console at least 15 business days prior to the end of the calendar month in order for Commissions for that month to be sent to the revised address.

8. Minimum Payment Threshold

Affiliates being paid by check must earn a minimum Affiliate account balance of $50 or more before their account is eligible for payment. Commission amounts earned for less than $50 will remain pending until the full $50 minimum balance has been earned. All sales still pending due to the minimum payment threshold must remain active and in good standing on our website, PremierYarns.com. Sales that are found not to be valid at the time of the additional sale and earnings will be marked as invalid and not payable.

9. Order Fulfillment

The Company will be solely responsible for processing every order placed by a customer via Affiliate links. Affiliates are not authorized to collect payments or sell any PremierYarns.com products from other websites as a "reseller" and no "resale" rights are granted in ANY way. Affiliates are not authorized to sell any of these products from any other physical store or website, including eBay or other auction sites. The Company will also be solely responsible for all customer service inquires. Customers who purchase products through the PremierYarns.com Affiliate Program will be deemed to be customers of the Company. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. The Company policies will always determine the price paid by the customer. To protect the privacy of the Company’s customers, the names of and other personally identifying information about customers will not be provided to you. All information about customers and users collected by the Company shall be owned solely and exclusively by the Company. All rules, policies, operating procedures and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice.

10. Qualifying Sites

The Company reserves the right to refuse any site entry into the PremierYarns.com Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:

• Promote sexually explicit materials.
• Promote violence.
• Promote discrimination based on race, sex,
  religion, nationality, disability, sexual orientation, or age.
• Promote illegal activities.
• List coupon codes or discounts that were NOT officially provided by the Company. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your Affiliate account and withholding of Affiliate payments for violating our Affiliate agreement.
• Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of PremierYarns.com or any other site.

11. Utilizing Links on Your Site

As an Affiliate website of PremierYarns.com, you may use any form of promotion you
choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain PremierYarns.com trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting products sold by PremierYarns.com.

12. Prohibited Usage

The following cases prohibited and are grounds for immediate termination of the Affiliate
account.

1. Affiliates MAY NOT use the term "Premier or Premier Yarns" in ANY variation in their site URL.
2. Affiliates MAY NOT promote coupons that were not provided to them personally by the Company. Doing so can result in the termination of your Affiliate account and withholding of Affiliate payments for violating our Affiliate agreement.
3. As a Publisher Partner on the Network, You will not, and will not knowingly permit other persons to, engage in any fraudulent, abusive or illegal activity in connection with Your participation in the Network, or any program offered through the Network or use of any functions on the Network Platform

12. Membership Restrictions

1. Business Use Only. Affiliate links are for Business Use Only. The network and network platform are made available to you for the sole purpose of facilitating business transactions as permitted under this agreement. You may only use the network and network platform to conduct business activity and not as a consumer.
2. Not a Provider of Goods and Services. Your participation on the Network, use of the Network Platform, and receipt of payments as a Publisher Partner of the Network is not an inducement for, or solicitation of You to provide any products or services to Supplier. You are not and will not be deemed to be a vendor, supplier or provider of goods or services to Supplier.
3. User-requested Benefit. The digital property on which You include our Qualifying Links provides users with a user-requested benefit.

14. PremierYarns.com LLC Anti-Spam Policy

The Company strictly prohibits Affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:

• Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription.
• Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an Affiliate has spammed, the Affiliate
  account may be permanently terminated after investigation.
• Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
• Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system.
• Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules,
  regulations, or laws.

The Company may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

• Account Termination: Upon the receipt of a credible complaint, the PremierYarns.com Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the Affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and Affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account.

15. Relationship of Parties

Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

16. Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party. Either the Company or the Affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the PremierYarns.com website, all Company trademarks and logos, and any other Company marks and all other materials provided in connection with this program.
Termination For Cause: The Company may terminate this Agreement without notice if in its sole
discretion it determines that Affiliate has breached the terms and conditions
of this Agreement. AFFILIATE FORFEITS ANY ACCUMULATED EARNINGS IF AGREEMENT IS
TERMINATED FOR CAUSE.
Inactivity: Your account becomes "Inactive" when You have failed to generate commissionable activity through a Qualifying Link associated with Your account for a period of 6 consecutive months. Your account will be deleted and you will no longer have access to the program.
Failure to Provide Documents: If you do not provide a W9 and signed Confidentiality Agreement within one month of account approval, your account with be terminated and deleted and you will no longer have access to the program.

17. Limitation of Liability

The Company will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures 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 the Affiliate under to this Agreement.

18. Jurisdictional Issues

This Agreement shall be governed by North Carolina, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of North Carolina, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly
excluded.

19. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or an Affiliate's potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and the Company will not be liable for the consequences of any interruptions or errors.  

20. Miscellaneous

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. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

21. Confidentiality Agreement

By signing up for the program, you agree to complete a Confidentiality Agreement. The Affiliate will not disclose or use Premier Confidential Information except to the extent reasonably necessary to perform its obligations or exercise its rights under this Agreement. Sharing information about the affiliate program details and process is prohibited.

22. Privacy Policy

To the extent required by applicable Data Protection Laws, You agree to maintain, on all Sites used by You in connection with Your participation in the Network, a privacy policy that meets the following criteria: (a) is accessible conspicuously from such Site's home page, with a link that contains the word "Privacy", "Legal", "Terms" or similar language; (b) provide necessary disclosures related to: (i) the use of tracking devices, including cookies (ii) descriptions of data collection conducted by You, and (iii) information about the how a user can exercise choices (including opt-out) available to visitors to Your sites, in or around Qualifying Links and other advertising content.

By signing up with the PremierYarns.com Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.