|
This Agreement contains the complete terms and conditions that apply to participation in The Globe Corner Bookstores' Affiliates Program (the "Program"). As used in this Agreement, "GCB" means The Globe Corner Bookstores, and "you" means the applicant. "GCB site" means The Globe Corner Bookstore's site, located at the URL www.globecorner.com, and "your site" refers to the World Wide Web site that you will link to the GCB site. GCB is owned by The Old Corner Bookstore Inc., a corporation based in the Commonwealth of Massachusetts.
Enrollment in the Program
To become an Affiliate, you will submit a complete Program application via the GCB site. Your submission of an application indicates your acknowledgement that you have read this agreement and agreed to all of its terms. GCB will evaluate your application in good faith and will notify you within 3 business days of the status of your application. GCB may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. You should 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.
If GCB accepts you as an Affiliate, you will receive an email, confirming your acceptance and containing your Affiliate ID, which will enable you to place links on your site which GCB can track.
Your Obligations as an Affiliate
Using the Affiliate ID assigned to you, you will establish "GCB Links" from your site to the GCB site. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You will be solely responsible for the technical operation of your site and all related equipment including the proper formatting of links to the GCB site (to insure the proper tracking of sales). You are responsible for ensuring that the content of your site does not violate or infringe the rights of any third party (including copyrights, trademarks and proprietary rights). GCB disclaims all liability for these matters and for content on your site; you shall indemnify and hold harmless GCB from and against all damages, claims and expenses relating to them.
GCB's Obligations
GCB will process product orders placed by customers who follow special "GCB Links" from your site to the GCB site -- including all correspondence, processing and fulfillment of orders. GCB will track sales made by customers who purchase products from GCB using GCB Links from your site to our site. Reports summarizing this activity will be available to you online for viewing at any time.
We will provide you with guidelines and graphical artwork to use in creating GCB Links to the GCB site. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats 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 utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "GCB Links." You will earn referral fees only with respect to activity on our site occurring directly through GCB Links; we will not be liable to you with respect to any failure by you to use GCB Links, 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.
Referral Commissions
GCB will pay you referral commissions on the sale of all Product sales to third parties. For a Product sale to be eligible to earn a referral commission, the customer must click-through a GCB Link from your site to our site, and add a Product to his or her shopping cart during a session. All products added by the customer during this session will earn a referral commission -- regardless of whether the Affiliate had a link to the individual products ordered by the customer on their website. The customer must complete the order process during this visit for the commission to be tagged to your account. We will only pay referral fees on such orders after order, payment and shipping have occurred.
We do not pay commissions on items which can not be shipped (ie., the customer subsequently cancels the order, the item is out of print, etc). Any customer returns will be deducted from an Affiliate's future commissions.
You will earn referral commissions based on a percentage (see below) of the selling price of each shipped item that the customer orders during the visit initiated by your GCB Link. The selling price is the amount actually charged to the customer (and therefore may differ from the retail price). GCB does not pay referral commissions on shipping charges or sales tax.
GCB reserves the right to alter the percentage commission with 30 days notice to Affiliates.
Tiered Percentage Commission Schedule
Your quarterly commisions will be computed on the following tiered commission schedule (which GCB may change with 60 days notice):
Target Items: You earn 15% on the sale of individually linked products listed on our website. In order to be eligible for the 15%, the item must be added to the customer's Shopping Cart directly from the product detail page they land on at globecorner.com.
Non-Target Items: Purchases will earn a commission based on the schedule below.
| Tier |
Referral commission
percentage |
Number of units shipped |
| 1. |
5.0%: |
1-25 units shipped in quarter |
| 2. |
5.5%: |
26-75 units shipped in quarter |
| 3. |
6.0%: |
76-250 units shipped in quarter |
| 4. |
6.5%: |
251-2,000 units shipped in quarter |
| 5. |
7.0%: |
2,001-7,500 units shipped in quarter |
| 6. |
7.5%: |
7,501-15,000 units shipped in quarter |
| 7. |
8.0%: |
15,001+ units shipped in quarter |
|
|
|
We have also set up an alternative discount structure to reward instances where an Affiliate's unit volume is not high, but the dollar volume is:
| Tier |
Referral commission
percentage |
Dollar amount shipped |
| 1. |
5.0%: |
up to $750.00 shipped in quarter |
| 2. |
5.5%: |
$750.01-$1,500.00 shipped in quarter |
| 3. |
6.0%: |
$1,500.01-$5,000.00 shipped in quarter |
| 4. |
6.5%: |
$5,000.01-$20,000.00 shipped in quarter |
| 5. |
7.0%: |
$20,000.01-$150,000.00 shipped in quarter |
| 6. |
7.5%: |
$150,00.01-$250,000.00 shipped in quarter |
| 7. |
8.0%: |
$250,000.01+ shipped in quarter |
|
|
|
Referral Commission Payments
Timing of Payment: We will compute your referral fees on a quarterly basis. Within 30 days following the end of each calendar quarter, we will send you a check for the referral fees earned in excess of $24.99. If the referral fees payable to you for any calendar quarter are less than $25.00, we will hold payment until the total amount due is at least $25 or (if earlier) until this Agreement is terminated. In calculating referral fees, we will deduct the corresponding referral fee from your next quarterly payment if a Product that generated a referral fee is returned by the customer. If there is no subsequent payment, we will send you a bill for the referral fee.
Pricing and Availability
Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, we strongly encourage you to consider the management issues involved prior to listing prices on your site. GCB only honors pricing as posted on its own site at the time of the customer order.
In the case of discontinued or unavailable items, GCB will notify you if GCB receives an order from a customer tagged to your Affiliate ID for an item that is no longer available. It is your responsibility to remove any links you might have to that item on the GCB website.
Identifying Yourself as an Affiliate
We will make available to you a small graphic image that identifies your site as a Program participant. You may display this logo or the phrase "In association with globecorner.com" somewhere on your site. We may modify the text or graphic image of this notice from time to time. You may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement .
License for use of GCB Content and Trademarks
You acknowledge that the GCB website contains intellectual property protected by copyrights and trademarks and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. GCB allows affiliates to use content from the GCB site, provided that such use includes a link to the GCB site for visitors to make purchases.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of your 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 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 GCB trademarks, trade dress, and 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 referral fees only on sales that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by emailing you, 30 days in advance of implementation, a change notice and posting 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 EMAILING OF A CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Relationship of Parties
You and GCB 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.
Limitation of Liability
GCB 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, GCB'S 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.
Disclaimers
GCB makes 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, noninfringement, 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.
Miscellaneous
This Agreement will be governed by the laws of the United States and the state of Massachusetts, applicable to agreements made and wholly performed therein. The federal or state courts located in Boston, Massachusetts shall have sole jurisdiction over any action arising under this Agreement, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without GCB's 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. GCB's 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.
Copyright and disclaimer © 2003, The Globe Corner Bookstores
|
Join Today!
|
1. Read our Operating Agreement.
2. Join
3. Once approved, you can begin linking to our site!
|
|
|
| |
|
