To be an authorized affiliate of WhimsyWraps.com, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the WhimsyWraps.com service as an affiliate. By signing up for the WhimsyWraps.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
This Agreement contains the complete Terms and Conditions that apply to an individual or company's participation in the WhimsyWraps.com Affiliate Program (the "Program"). As used in this Agreement, "we" means WhimsyWraps.com, "you" means the applicant, and "services" means products and services offered by WhimsyWraps.com. "Site" means a World Wide Web site and, depending on the context, refers either to WhimsyWraps.com's site or to the site that you will link to our site. "Link" means a HTML form or link provided by WhimsyWraps.com which directs the customer's web browser to our site.
1. JOINING THE PROGRAM
To join the program, you are required to complete our affiliate registration process. By filling out the Affiliate Registration form you will automatically become an affiliate of WhimsyWraps.com and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our web site to receive a commission on products purchased by your referral individuals.
You can add links to us immediately after you have completed the registration. WhimsyWraps.com reserves the right to reject any application to join the Affiliate Program at our sole discretion. The WhimsyWraps.com Affiliate Program is open to reviewing applications from high-quality sites that focus on weddings, special events, party supplies and favors, and other sites that would make a good fit and positive association with WhimsyWraps.com. The WhimsyWraps.com Affiliate Program is open to almost anyone with the exception of employees of WhimsyWraps.com, web sites that promote or contain illegal or pornographic material/activities, or participate in inappropriate email marketing or advertising.
2. LINKING TO WHIMSYWRAPS.COM
We will provide a selection of links and banners for you to use to link to WhimsyWraps.com. If you would like to modify these links or create your own links, please contact us to discuss. In the event that you create your own banner advertisement or graphic, it must be preapproved by WhimsyWraps.com, prior to becoming "active."
Subject to the Terms and Conditions of this Agreement, you will be paid commission for each completed order referred from your site through the WhimsyWraps.com link. If a customer's purchase is voided due to fraud or is refunded either directly by WhimsyWraps.com or through credit card charge-backs made to WhimsyWraps.com's bank account, we will remove such sales from your affiliate account.
4. COMMISSION SCHEDULE
You will earn commission based on a predetermined percentage of the net revenue. Commissions are not paid on shipping fees or sales taxes. You will not be able to receive a commission on your own orders. In order to associate an order with an affiliate we utilize cookies that are planted on the viewer's local machine. Some browsers may refuse to accept or support cookies, therefore when this occurs purchases may not be properly credited to an affiliate. The referred sales rate of Commission is 10%, unless otherwise agreed.
5. COMMISSION PAYMENT
Subject to the Terms and Conditions of this Agreement, you will be paid the commission based on the payment schedule below provided that the commission owed is more than $10.00 USD. Payments will be sent to your registered email address via PayPal. Affiliates are required to maintain a PayPal account in order to receive commission payments from WhimsyWraps.com. Commission is earned in US Dollars and will be paid to your PayPal account in US Dollars, PayPal will convert the amount into the primary currency of your PayPal account (review PayPal's exchange rate fees for more information).
6. POLICIES AND PRICING
Customers purchasing products and services from WhimsyWraps.com through this Program will be deemed to be customers of WhimsyWraps.com. Accordingly, all WhimsyWraps.com Terms and Conditions concerning the services will apply to those customers. We may change our Terms and Conditions at any time. For additional information please refer to our standard Terms and Conditions.
7. REPORTING AND ACCOUNTING
WhimsyWraps.com will provide online access to online reporting when possible. While every attempt will be made to keep these reports accurate, should any discrepancy arise, WhimsyWraps.com's own accounting and reporting shall prevail.
8. LIMITED LICENSE
We grant approved affiliates a non-exclusive, non-transferable, revocable right to use the WhimsyWraps.com logos, promotional banners, marketing text and examples provided through the Affiliate system solely for the purpose of identifying your site as a Program participant. You may not modify the message or any of our images or trademarks in any way. We reserve all of our rights in the message, any other images, our trade names and trademarks, and all other intellectual property rights. Except as provided herein you agree that you have no rights, title or interest in or to the message or other images, trademark or trade names provided to you by WhimsyWraps.com and all uses of such materials by you will inure to the benefit of WhimsyWraps.com. You agree not to apply for registration of any of the WhimsyWraps.com trademarks, service marks or trade names (or any mark similar there to) anywhere around the world. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of WhimsyWraps.com or its trademarks. We may revoke your affiliate status at any time by giving you written notice delivered by email to the address you have registered through the affiliate system.
All title, copyrights (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the WhimsyWraps.com web site and product designs), patents, trade secrets, and all other intellectual property rights of whatever nature, including in the accompanying media and printed materials, all customizations, enhancements, modifications, improvements, derivations, or other changes made to the product are owned by WhimsyWraps.com. “WHIMSYWRAPS”, “WHIMSYWRAPS.COM” and “SWEET CELEBRATION” are trademarks of WhimsyWraps.com. No right, license, or interest to these trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the trademarks.
9. MARKETING RESTRICTIONS
You will be solely responsible for the development, operation, and maintenance of your site. The banners and images provided by WhimsyWraps.com are hosted on our servers and will not affect the performance of your site. We reserve the right to update these banners at any time and without notice.
You shall not purchase or register keywords, AdWords, search terms, domain names, or other identifying terms that include the word "WHIMSYWRAPS" "WHIMSYWRAPS.COM" or any other trademark of WhimsyWraps.com. You may not purchase certain variations and misspellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits You from:
Bidding on WhimsyWraps.com's trademark, "WhimsyWraps", and any keyword string that includes this term. For example, "WhimsyWraps products", "WhimsyWraps.com", "WhimsyWraps Candy Wrappers", etc.; Purchasing domain names based on WhimsyWraps.com's trademarks or variations of WhimsyWraps.com's trademark.
If WhimsyWraps.com determines, in its sole discretion, that You have purchased or attempted to purchase "WhimsyWraps" keywords or domain names, then WhimsyWraps.com may (without limiting any other remedies available to it) pursue any or all of the following actions:
Under no circumstances shall You send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the "Act"], with respect to WhimsyWraps.com's Affiliate Program. For clarification, this does not prohibit You from sending transactional or relationship messages as defined in the Act. WhimsyWraps.com reserves the right to collect, withhold, or cancel any and all compensation related to the content you send via commercial electronic mail messages that are sent out by you and do not conform to the regulations of the CAN-SPAM act.
10. 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 or emailed notice of termination. You are only eligible to earn commission on purchases occurring during the term of this Agreement only. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Your site is subject to periodic review. If we determine at any point after acceptance into our Program that your site is not suitable for the Program, we may unilaterally end the status of your site as an affiliate.
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, fee schedules, payment procedures, and Program rules. Your continued participation will constitute a binding acceptance by you of such rules, changes or modifications. 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.
12. RELATIONSHIP OF PARTIES
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 behalf of WhimsyWraps.com. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
13. 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 OR THE REGISTRATION OF DOMAIN NAMES BY CUSTOMERS REFERRED TO US BY YOU. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID TO YOU IN THE MONTH IN WHICH A CLAIM HAS BEEN MADE BY YOU.
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY SERVICES MADE AVAILABLE 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 OR THE AVAILABILITY OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
15. GOVERNING LAW
This Agreement is deemed to have been entered into in the Province of British Columbia, Canada, and its interpretation, construction, and the remedies for its enforcement or breach are to be applied pursuant to and in accordance with the laws of the Province of British Columbia. The parties hereby exclude any application of The United Nations Convention on Contracts for the International Sale of Goods, the 1974 Convention on the Limitation Period in the International Sale of Goods, and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.
You agree that the invalidity, in whole or in part, of any provision, promise, undertaking, section or word, of this Agreement shall not affect the validity of the remaining portions thereof; that this Agreement may only be terminated or modified by WhimsyWraps.com; that this Agreement will be binding upon and inure to the benefit of the parties, their respective successors and permitted assigns; that any breach of this Agreement shall entitle WhimsyWraps.com, in addition to any other legal remedies available to it, to apply to a court of competent jurisdiction to enjoin any violation of this Agreement and/or to recover damages for any breach of this Agreement, and to recover all costs of such action, including a reasonable attorneys’ fee; and that this Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement.