Broad Perception LLC
Affiliate Program Terms
signing up for our affiliate program, you agree and accept the following terms
the affiliate sign up page
THE FOLLOWING DESCRIBES THE TERMS AND
CONDITIONS UPON WHICH OVERTHERAINBOWSHOP.COM OFFERS YOU PARTICIPATION WITHIN
OVERTHERAINBOWSHOP.COM'S AFFILIATE PROGRAM. BY APPLYING AND PARTICIPATING IN THE
AFFILIATE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS HEREIN. ACCEPTANCE OF THIS
AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND
OVERTHERAINBOWSHOP.COM THAT YOU WILL USE THE WEBSITE, LINKS AND ALL OTHER
PROPERTY OF OVERTHERAINBOWSHOP.COM ONLY IN A MANNER THAT IS CONSISTENT WITH THIS
This agreement (“Agreement”) is by and between
Overtherainbowshop.com a division of Broad Perception LLC (“Overtherainbowshop.com”,
“we” or “us” and “our” shall be construed accordingly) and you (“Affiliate” or
“you” and “your” shall be construed accordingly) (each individually a “Party”
and collectively the “Parties”) as an online Affiliate in
Overtherainbowshop.com’s Affiliate Program and the establishment of links from
your affiliate web site (“your site” or “Affiliate site”) to our web site,
www.overtherainbowshop.com (“our site” or “www.overtherainbowshop.com”).
- The following agreement is between the reseller and Over The Rainbow Shop
a division of Broad Perception LLC.
- All of the following terms and conditions must be adhered to and are
legally binding immediately upon agreement. Broad Perception LLC reserves
the right to terminate any agreement upon their discretion for any reason,
including fraud and spam suspicion.
- To begin the enrollment process, you shall submit a complete Affiliate
Program application. The Program is designed for participants aged 18
and above who can form legally binding contracts under applicable law. By
accepting this Agreement and participating in the Program, you acknowledge
that you are age 18 or above. We may reject your application if we determine
(in our sole discretion) that your site is unsuitable for the Affiliate
Program for any reason, including, but not limited to, inclusion of content
that is in any way unlawful, harmful, threatening, defamatory, obscene,
harassing, or racially, ethnically, or otherwise objectionable. If we reject
your application, you are welcome to reapply to the Affiliate Program at any
time subject to the removal of any content that may have been found
objectionable to Overtherainbowshop.com.
- You can send traffic any way you want through links to our website. You
may link pictures or text directly with your linkid. If you plan on sending
emails with your linkid, you must contact us for permission first. Spamming
will result in the forfeit of all profits. You may NOT
place links on any newsgroup postings.
- Payees will be paid a commission of 10% on product totals. Shipping and
handling fees are not included in commission payouts. Commission checks are
mailed monthly. Checks are only sent if commissions total $50.00 or more. If
your commission balance is less than $50.00, the amount will be carried over
to the next month until the minimum payout is met.
- We shall be responsible for providing all information necessary to allow
you to make appropriate Links from your site to our site. We shall be solely
responsible for processing every order placed by a customer following a
special Link from your site to our site, for tracking the volume and amount of
sales generated by your site, and for providing information to you regarding
sales statistics via our reporting platform. We shall be responsible for order
entry, payment processing, shipping, cancellations, returns, and related
- Resellers will have access to the same stats that our check-cutting system
- SPAMMING WILL NOT BE TOLERATED! Reports of spamming
should be directed to firstname.lastname@example.org and will be dealt with
accordingly. All payouts will be forfeited, and the user will be deleted. Do
not spam -- we will NOT pay you if you do. This includes spamming of email,
newsgroups, Instant Messenger services, etc.
- If, at any time, we discover that you are using your
affiliate relationship with us for any reason other than as mutually intended
under this Agreement, your relationship with us shall be immediately
terminated and we reserve the right (without limiting any other rights or
remedies available to us) to withhold any referral fees otherwise payable to
you under this Agreement.
- Broad Perception LLC will not be held responsible for loss due to
downtimes resulting from complications with your hosting equipment, our
hosting equipment, or technical errors on either our end or yours. This
includes incorrect linking codes on your side. Reseller should verify that
linking codes do work.
- Broad Perception LLC reserves the right to cancel this program at any
time with 30 days notice.
- If you violate this agreement in any way, funds will be held for an
investigation period. If it is determined that you have cheated or spammed
in any way, funds will not be paid out.
- Advertisers whose account has been terminated must contact Broad
Perception LLC if they wish to join again.
- Customers who buy products through this program will be deemed to be
customers of Broad Perception LLC. Therefore, all Broad Perception LLC rules,
policies and operating procedures concerning customer orders, customer service
and product sales apply to these customers. We may change our policies and
operating procedures at any time. For example, we will determine the prices to
be charged for products sold under this program in accordance with our own
pricing policies. Product prices and availability may vary from time to time.
Because price changes may affect products that you already have listed on your
site, you may not include price information in your product descriptions. We
cannot guarantee the availability or price of any particular product.
- Only products that we choose to offer through our website (“Products”)
that are (a) sold by us, (b) purchased by users linking to our site from your
site (as an approved affiliate) pursuant to a Link (“Linked Users”), (c)
delivered to a customer, and (d) for which we have received full payment shall
qualify for a referral fee payment (each, a “Qualifying Purchase”). For each
Qualifying Purchase, a referral fee will be paid on the amount of the order
less taxes, duties, shipping, discounts and/or promotions, amounts returned
for credit card fraud, bad debts or for returned goods, chargebacks and any
royalty paid on Overtherainbowshop.com products. Referral fees will only be
paid in US dollars. If a product that generated a referral fee is returned by
the customer, we will deduct the corresponding referral fee from your next
payment. If there is no subsequent payment due you will be billed for and
required to repay the referral fee. Affiliate Program referral fee percentages
will be as displayed in your affiliate account.
- You may not make any press release with respect to this agreement or your
participation in the program without our prior written consent, which may be
given or withheld in our discretion. You may not in any way misrepresent or
change the relationship between you and us or express or imply any
relationship between us and you or any other person or entity except as an
affiliate of Broad Perception LLC.
- Broad Perception LLC reserves the right to change the payout within 10
days notice. If we do, you will be notified 10 days in advance.
- Broad Perception LLC reserves the right to deny any person an affiliate
membership for any reason, and to terminate any agreement at any time. This
is used in case an individual is spamming or doing other shady/illegal
- You may post as many links as you wish on pre-approved websites.
- Through the application process, you shall have the opportunity to
register an email address and password and shall have the ability to enter a
password-protected site to receive your sales statistics on a daily basis.
- All funds are paid by check in US funds to the address in your account.
- Our third party tracking and log files will prevail in determining the
number of sales.
- Refunds, cancelled items, duplicate orders, cancelled orders and charge backs will be removed from revenue stream for the
affiliate. We have a 30-day refund policy - and if the customer decides to
return any or all products, we will deduct that sale from your month end
- Customers who buy products at our site through the Affiliate Program shall
be deemed to be customers of Overtherainbowshop.com. Accordingly, all of our
rules, policies, and operating procedures concerning customer orders, customer
service, and Overtherainbowshop.com. product sales shall apply to those
customers. We may change our policies and operating procedures at any time and
from time to time. For example, we, in our sole discretion, shall determine
the prices to be charged for Overtherainbowshop.com. products sold under the
Affiliate Program in accordance with our own pricing policies.
- The action of sending any clicks from any URL that contains and/or
promotes the following content is a violation of this agreement: child
pornography, beastiality, warez, password selling or trading, SPAM,
hate, violence, or any other shady or illegal practice.
- If you SPAM, your account will be entered into our
blacklist. We share that blacklist with other programs. You will never be
allowed to re-join and all funds will be forfeited. You will not be given a
second chance and your account will be deleted. DO NOT SPAM.
- Any attempt to mislead or defraud us in any way will result in termination
of your account and all commissions will be forfeited.
- You shall not create, publish, distribute, or permit any written material
that makes reference to us without first submitting such material to us and
receiving our prior written consent.
- You shall be solely responsible for
the development, operation, and maintenance of your site and for all materials
that appear on your site. Such responsibilities include, but are not limited
to, (1) the technical operation of your site and all related equipment; (2)
creating and posting product descriptions, and references on your site and
linking those descriptions to our site; (3) the accuracy and propriety of
materials posted on your site; and (4) ensuring that materials posted on your
site do not violate or infringe upon, without limitation, the copyrights,
trademarks, privacy or other personal or proprietary rights of any third
party. Your site shall not (i) violate or infringe upon the rights of any
third party, (ii) be libelous, (iii) advocate or promote violence, (iv)
promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age, or (v) otherwise be illegal.
- We disclaim
all liability for all development, operational, maintenance and content
matters related to your site. Further, you shall indemnify and hold us
harmless from all claims, damages, and expenses (including, without
limitation, attorneys' fees) relating to the development, operation,
maintenance, and contents of your site.
- You and Overtherainbowshop.com are
independent contractors, and nothing in this Agreement shall create any
partnership, joint venture, agency, franchise, sales representative, or
employment relationship between the parties. You shall have no authority to
make or accept any offers or representations on our behalf. You shall not make
any statement, whether on your site or otherwise, that reasonably would
contradict anything in this Section.
- WE SHALL 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 AFFILIATE 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 AFFILIATE PROGRAM
SHALL NOT EXCEED THE TOTAL REFERRAL FEE PAYMENT(S) PAID OR PAYABLE TO YOU
UNDER THIS AGREEMENT.
- Signups generated as a requirement to access goods or services on another
site will result in termination of your account and all funds will be
- Payment will be made monthly in US Funds on accounts that exceed $50 in
profits. Less than $50 in revenue to be paid will be brought over to the next
month until at least $50 is earned - at which time, the affiliate will be
paid. For affiliates outside the US and Canada, payments will only be made on
affiliate profits over $100 - this is to reduce banking costs for both
affiliates and Broad Perception LLC. If you have any questions, please
contact support - email@example.com
Checks are sent after the 15th, before the 28th of the month for the previous
months sales if the total earned is $50.00 or more.
- You agree to have a valid email address on file accepting notices of
change to the affiliate program. If you opt-out of affiliate mailings, your
account may be deactivated.
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF
PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS
By Signing Up For Broad Perception LLC Affiliate Program,
you Acknowledge That
You Agree To and Understand the Above Terms and Conditions
Back to the Affiliate Sign Up Page
©2001 - Over the Rainbow Shop *All Rights Reserved*
a division of Broad Perception LLC