Affiliate Terms & Conditions

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in TheBestPhotoGifts.com (hereinafter referred to as BEST) Affiliate Program (hereinafter referred to as the "Program"). "Site" means a World Wide Web site - either BEST's website or to the applicant's website.

Enrollment in the Program

Please submit a Program Application. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable. To qualify for our affiliate program, your Web site must meet the following criteria:

• Your site must not contain any pornographic, defamatory, discriminatory, or offensive material.
• Your site should be aesthetically pleasing and easy to use (our discretion).
• Your site must not promote violence or any illegal activity.
• Your site must not violate anyone's intellectual property rights

If we reject your application, you are welcome to reapply to the Program at any time. Please only reapply if you have substantially changed your site. Please note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.

Links to BEST’s Site

BEST will provide you with HTML and an image (if you choose to use one) to use in linking to our home page. When an order is placed during a visit that initiates at your site the order number will include your affiliate number telling us that the order came through you. If you would like to include product pictures or images other than the image we provide please contact us at affiliates@thebestphotogifts.com for instructions.

Order Processing

We will process product orders placed by customers who visit us through a link from your site. We reserve the right to reject orders that do not comply with any requirements that we establish. We will be responsible for all aspects of order processing and fulfillment, including but not limited to; order form preparation, payment processing, cancellations, and returns, and customer service. We will track sales made to customers who purchase products using special links from your site to our site. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted.

Commission Fees

We will pay you commissions on all sales from customers referred from your site. For a product sale to generate a commission, the customer must follow a special link (in the format specified by BEST) from your site to the BEST site; purchase the product using our automated ordering system; accept delivery of the product at the shipping destination; and remit full payment to us. We will not, however, pay commissions on any orders from that customer after the customer has reentered our site (other than through a special link from your site), even if the customer previously followed a link from your site to our site.
You will be solely responsible for all taxes applicable to commissions you receive and indemnify and hold harmless BEST in respect to any claims, assessments, penalties or payments on account of taxes or duties due on the commissions paid by BEST to you which may be required by any competent fiscal or government authority.

Fee Schedule

You will earn commissions based on the sale price of products before shipping, handling and taxes. We are currently paying 20% of the sale price or you may receive a 30% credit towards your purchase of our products on regular priced items sold and 10% cash/15% merchandise credit on any product sold that is sale priced. Commissions can be used against regular or sale priced merchandise only - not sale merchandise & not taxes or shipping.

Fee Payment

We will pay you commissions on a quarterly basis. About 30 days after the end of each calendar quarter we will send you a check for the commissions earned on sales that were shipped during that quarter, less any taxes that we are required by law to withhold. However, if the fees payable to you for any calendar quarter are less $25 US we will carry it to the next quarter. If a product that generated a commission is returned by the customer, we will deduct the corresponding fee from your next quarterly payment. If there is no subsequent payment, we will send you a bill for the 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, you should carefully consider including price information in your product descriptions. We cannot guarantee the availability or price of any particular product.

Limited License

We grant you a nonexclusive, revocable right to use our image solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the image in any way. We reserve all of our rights to the image, any other images, our trade names, and all other intellectual property rights. We may revoke your license at any time by giving you written notice by email.

Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. We disclaim all liability for these matters. Further, you will 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.

Terms of the Agreements

The terms 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 emailed notice of termination. You are only eligible to earn commissions on sales occurring during the term of this agreement. We may withhold your final payment for a reasonable time to ensure that there are no returns.

Modification

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 a new agreement on our site. Modifications may include; changes in the referral fees, payment procedures, and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. IF YOU CONTINUE PARTICIPATING IN THE PROGRAM AFTER WE POST A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE IT WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE BY YOU.

Relationship of Parties

You and we 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

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, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement.

Disclaimers

We make 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, 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 will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL 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 COMPETE WITH YOUR WEB SITE. 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 THIS AGREEMENT.

If you accept the terms and conditions click the link and sign up:

I agree to the terms & conditions and wish to become an affiliate

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