Terms of Use and Privacy Statement
Please read this entire agreement so you know and understand the
program rules!
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.
- Affiliates
MAY NOT use the term "Premier or Premier Yarns" in ANY variation
in their site URL.
- 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.
- 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
- 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.
- 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.
- 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.