This Affiliate Referral Agreement ("Agreement") is made by and between Furbabies , and you ("Affiliate"), collectively referred to herein as the "Parties."
1. Purpose.
Upon execution of this Agreement by the Parties, Affiliate shall be enrolled in Furbabies's Affiliate Referral Program (the "Program"). The Program is intended to generate monetary rewards to the Affiliate based upon the Affiliate's referral of paying customers (the "Customer" or "Customers") to Furbabies .
2. Roles and Responsibilities.
2.1 Role of Affiliate. Affiliate hereby agrees to actively engage in the referral of customers to Furbabies . Referrals may be generated by promotions, including but not limited to text or graphical hyperlinks to Furbabies from Affiliate's World Wide Web site; email campaigns initiated by Affiliate to Affiliate's clients, partners and other associates; or word of mouth. Affiliate will refer Customers to Furbabies for all information regarding terms and conditions of service on Furbabies .
2.2 Role of Furbabies . In order to facilitate Affiliate's Customer referrals, Furbabies will provide Affiliate with promotional materials that may include, but are not be limited to, text advertisements with hyperlinks to Furbabies , graphical ads with embedded hyperlinks to Furbabies , templates for online and/or offline correspondence in the form of letters and/or flyers targeted to prospective Customers and other materials to be determined at the sole discretion of Furbabies . In addition, Furbabies will monetarily compensate Affiliate according to the terms set forth in Section 4 of this Agreement.
3. Qualification of the Customers.
In order for Affiliate to receive commission for referral of a Customer to Furbabies , the criteria set forth in Sections 3.1 through 3.2 of this Agreement must be met. Determination of a Customer's qualification under the conditions set forth in Sections 3.1 through 3.2 of this Agreement shall be at the sole discretion of Furbabies , and all decisions pertaining to the determination of an Customer's qualification to be counted toward Affiliate's referral commissions shall be considered final.
3.1 Failure to Collect Customer's Funds. In the event that Furbabies is unable to redeem the Customer's method of payment of initial deposit, due to, but not limited to, failure of Customer's creditor to honor a credit card sales draft, Customer shall be immediately deemed ineligible as a commissionable referral for Affiliate.
3.2 Reporting of Affiliate as Referrer. In order for Affiliate to receive payment of commission for referring any Customer, the Customer must identify Affiliate to Furbabies at the time at which the Customer completes Furbabies Customer sign-up process. Identification of Affiliate as the referring entity may be accomplished by either of two means, as outlined in Section 3.2.1 of this Agreement.
3.2.1 Referring Link.
The Customer may identify Affiliate to Furbabies by clicking on a hyperlink provided by Affiliate and completing Furbabies Customer sign-up process within 30 days of said hyperlink referral. In order to qualify, the hyperlink provided by Affiliate to the Customer must contain the exact Universal Resource Locator provided by Furbabies to Affiliate upon Affiliate's acceptance into the Program (the "Referring Link"). Furbabies will not be held liable for any errors in the Referring Link that occur as a result of actions taken by either Affiliate or the Customer.
4. Commissions.
Furbabies will pay Affiliate a commission for each qualifying Customer providing the Customer remains a paying client of Furbabies for a minimum time period of thirty (30) days, such time period shall be considered to begin upon completion of the first Furbabies Customer purchase. In the event that the Customer elects to terminate Customer's Furbabies account within 30 days, no commission shall be due or paid to Affiliate. Commission rates are determined by the program selected by Affiliate:
Furbabies will pay Affiliate a percentage-based commission for as long as Customer remains with Furbabies as a paying client in good standing.
Payment will be made when balance owed to Affiliate reaches a minimum of £50.
5. Disbursements.
Furbabies will issue Affiliate commission payments in the form of a Paypal Payment by the fifteenth (15th) day of each calendar month in which Affiliate is entitled to commissions. Commissions for any individual Customer will be paid to Affiliate no sooner than thirty (30) calendar days following receipt by Furbabies of said Customer's qualifying initial deposit.
6. Term.
The term of this Agreement shall be two (2) calendar years from date of execution of this Agreement by authorized representatives of both Furbabies and Affiliate.
7. Modification.
Furbabies reserves the right to modify the terms and conditions of the Program at any time and without prior notice to Affiliate. A current copy of the terms and conditions of the Program shall be maintained by Furbabies at all times, and may be accessed on the World Wide Web via the following Universal Resource Locator: http://www.furbabies.co.uk/affiliate_terms.php
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