Judaica Affiliate Program Terms and Conditions
To enroll in the Judaica Webstore Affiliate Program ("Program"), you must complete the Judaicawebstore.com Affiliate Program Application ("Application") and accept the terms of the agreement. We will then review your completed Application and endeavor to inform you within three days whether or not you have been accepted as an Affiliate. We reserve the right to accept or reject Affiliates at our sole discretion. We may reject your application if we determine that your web site contains inappropriate or objectionable content. Such sites include, but are not limited to, ones that:
- Promote violence, are libelous, disparaging or defamatory
- Promote illegal activities
- Promote discrimination based on age, disability, nationality, or race
- Contain little or no original content (such as sites that are 'under construction')
- Contain images that are sexually explicit or obscene
- Incorporate materials that infringe upon third party copyright, trademark or other intellectual property rights
- Are not accessible at the time of our application review
If your application is rejected, you may reapply if you wish, though we reserve the right, at our sole discretion, not to consider subsequent applications. We also reserve the right, at our sole discretion, to reject an Affiliate application even after we have communicated acceptance to you, or to remove an Affiliate from the Affiliate Program at any time.
When you become an Affiliate Site in our Affiliate Program, we will make available to you links and/or banners that will allow users on your Web site to be transported directly to products on our Web site when they click on the link. As an Affiliate, you may display these links and/or banners on your Web site subject to the terms and conditions contained herein. All links and/or banners are subject to our approval and we will provide you with the information that you need to enable you to make appropriate links to our Web site from your Web site. By accepting the terms of this Agreement, you agree that you shall cooperate fully with Judaicawebstore.com to maintain such links. You further agree that (a) such links and/or banners shall be displayed prominently throughout your Web site as you see fit and with our consent, (b) no links and/or banners shall be modified, expanded or reduced in any way without our consent and (c) no links and/or banners on your Web site shall in any way modify the appearance and/or functionality of our Web site. We reserve the right to monitor your Web site at any or all times to make certain that you are in compliance with the terms and conditions of this Agreement. You shall be fully responsible for all content, links and/or banners and activities conducted on your Web site. We disclaim all liabilities related to same. You agree to indemnify Judaicawebstore.com and hold us harmless (as well as our employees, officers, agents, directors and affiliated entities) from all liability claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, activities, contents and links and/or banners of your Web site, or incurred by Judaicawebstore.com as a result of a breach, or alleged breach, of any of your representations or obligations herein.
You agree not to make any representations, warranties or other statements concerning Judaicawebstore.com, Judaicawebstore.com's site, any of Judaicawebstore.com's products or services, or Judaicawebstore.com's site policies, except as expressly authorized by the Agreement or us.
You are responsible for notifying Judaicawebstore.com of any malfunctioning of the links and/or banners or other problems with your participation in the Agreement. Judaicawebstore.com will endeavor to respond promptly to all concerns upon notification by you.
Judaicawebstore.com may with at any time and without notice (a) change, suspend or discontinue any aspect of an Offer or an Engagement or (b) remove, alter, or modify any graphic or banner ad submitted by Judaicawebstore.com for an Offer or an Engagement. You agree to promptly implement any request from Judaicawebstore.com to remove, alter or modify any graphic or banner ad submitted by Judaicawebstore.com that is being used by you as part of an Engagement.
We will be responsible for processing orders placed by customers acquired through the links. We reserve the right to reject orders that do not comply with any requirements that we may periodically establish.
You grant us a non-exclusive license to utilize your names, titles, logos, trademarks and URLs (collectively, the "Affiliate Trademarks") to advertise, market, promote and publicize in any manner our rights hereunder; provided, however, we shall not be required to advertise, market, promote or publicize your Web site. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant us the license to use the same contemplated in this Agreement and that such grant does not and will not (a) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you or (b) infringe upon any trademark, trade name, service mark, copyright or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement.
Any affiliates violating this Agreement may be terminated without notice and forfeit all outstanding and future commissions.
In addition, Affiliate may not claim to be Judaicawebstore.com in any pay-for-placement, paid inclusion or other search engines, and must clearly state the nature of the Affiliate relationship. Affiliates violating this policy may be terminated without notice and forfeit all commissions.
In compliance with the conditions below the commission structure of the Judaicawebstore.com Affiliate program is as follows: TEN percent (10%) of the listed price on all purchased items, excluding shipping costs. At our sole discretion we may increase or decrease the revenue share percentages at any time, and agree to inform you of same. It will be your responsibility to inform us whether you choose to be paid via PayPal or bank transfer. If you choose PayPal, then approximately thirty days after the end of each calendar month during the term of this Agreement, we will pay you the Referral Fees due for the month. If you choose bank transfer, you will be paid your Referral Fees within 30 days of the total reaching one hundred dollars. All Referral Fees will be paid in United States Dollars.
We will have no obligation to pay any Referral Fee for orders that are (i) cancelled or returned or (ii) placed after the termination of this Agreement. All Referral Fees previously paid with respect to orders that are cancelled or returned shall be deducted from the next payment due.
You will not be eligible for Commission under the following circumstances:
- A User comes to Judaicawebstore.com through your website but purchases using a "discount code" or a "reference code" that discounts their purchase, unless the code is provided to you directly by Judaicawebstore.com.
- A party comes to Judaicawebstore.com through your website and does not purchase anything and then returns to Judaicawebstore.com at a later date via another and then makes a purchase, the second affiliate will receive the commission for the sale.
- A party comes to Judaicawebstore.com through website and returns after 30 days by entering our URL directly, then you will not receive commission for that later purchase.
- If the User cannot be tracked for any reason, by our online ordering system.
- The User has prevented cookies from being saved on his, her or its hard drive.
Partner understands that the use of unsolicited commercial e-mail ("spam") by affiliates is absolutely prohibited. Your participation in the Judaicawebstore.com affiliate program constitutes your specific and unconditional agreement to abide this anti-spam policy. Proper e-mail solicitation, however, can be an important means of advertising your site and your relationship with Judaicawebstore.com. If an "opt-In" system exists for your line of business and target market, you may use it. (Opt-In systems are those where the user specifically requests to be placed on a mailing list.) Violation of this rule will result in the suspension or termination of your affiliate relationship with Judaicawebstore.com including the forfeiture of any commissions from the date of the offending e-mailing.
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or new agreement on our site. Notice of any change to this Agreement delivered by e-mail, to your address on our records, or the posting of a new agreement on our Web site is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available Referral Fees, the Commission schedule, payment procedures and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If a modification is unacceptable to you, your sole recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following our posting of a change will constitute binding acceptance by you of such change.
The term of this Agreement will begin upon our acceptance of your Affiliate Program application 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 notice of termination. You are only eligible to earn referral fee payment(s) on sales occurring during the term, and referral fee payment(s) earned through the date of termination will remain payable only if the related Judaicawebstore.com Product orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
You acknowledge that you have read this Agreement and agree to all of 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 competitive with your web site. You further understand that we may make available additional private offers to our affiliates at our sole discretion. 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 the Agreement.
We hereby disclaim, and you hereby release us, from any and all liability for downtime or other interruptions in service regarding the links and/or our web site without limiting the foregoing. The links, the "Licensed Trademarks," are provided to you 'as is,' without any warranty of any kind. We make no warranties or representations of any kind with regard to the Program or any products, express or implied, statutory, arising by law or otherwise, including, without limitation, any implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, or arising out of course of performance, course of dealing or usage of trade. We do not warrant that our web site or products will be error free, function without interruption or that any errors will be corrected. If as a matter of law we may not disclaim any warranty, the scope and duration of such warranty shall be the minimum permissible under applicable law.