ExOfficio Logo
order by phone 800-644-7303
Customer Service | My Account | View Bag | Checkout
 
 ABOUT EXOFFICIO
Print this page

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EXOFFICIO LLC. BY CLICKING ON THE "AFFILIATE APPLICATION" AT THE END OF THE THIS PAGE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.

  1. Advertisement. Website Owner will post at his/her Website an advertisement of exofficio.com ("Merchant") design and specification (the "Advertisement"). Merchant represents and warrants that the Advertisement does not infringe the intellectual property rights of any third party. Website Owner will post the Advertisement as specified by Merchant with no changes in content, appearance, design, format or specification. Only Advertisement approved by Merchant will be considered for use. Website Owner will immediately remove the Advertisement from the website at Merchant's request at any time for any reason.
  2. Payment to Website owner. In full consideration for Website Owner's posting of the Advertisement, Merchant agrees to pay Website Owner as follows:
    • Internet Final Sales. Merchant will pay to the Website Owner 15 percent (15%) of the Internet retail selling price of each item of Merchant's merchandise sold to customers who order an item from Merchant within (30) days of first passing through the hyperlink from the Advertisement to access Merchant's website; provided, that such order is not subsequently canceled nor is the item returned. ("InternetF inal Sales").
    • Payment Schedule. Merchant will make quarterly payments to Performics Inc., the administrator of the network, on or around twenty (20) days after the end of the month (e.g. payments for October will be sent at approximately the 20th of November). A statement showing Merchant's calculations in reasonable detail will accompany each payment. Merchant may deduct from future payments for items that were returned or canceled but for which commissions were remitted to Performics. Performics will remit any payment made to it by Merchant for the benefit of the Website Owner to the Website Owner within 20 days of receipt from Merchant, but shall have no other obligation to Website Owner or to the Merchant under this agreement. Minimum payment to Website Owner will $50.00. If Website owner does not meet the minimum payment for the quarter, the amount will roll over to the following period until the minimum payment of $50.00 is met. Merchant can change the payment terms of this agreement at anytime with prior notice.
  3. Merchant's Proprietary Information. All intellectual property rights, including without limitation advertising copy, graphics, copyright and trademark, in the Advertisement will remain the sole property of Merchant. Website Owner agrees that by posting the Advertisement it acquires no rights in any trademark or other intellectual property owned or used by Merchant, except a non-exclusive license to use the Advertisement solely for the purposes described in this agreement, which license may be terminated by Merchant at any time without prior notice. Any rights arising from the use of Merchant's trademark intellectual property pursuant to this agreement inure to Merchant's benefit.
  4. General. This agreement will benefit and bind the parties and their respective successors and assigns and, except for a separate agreement between Performics and the Merchant, contains a complete statement of all arrangements between the parties relating to its subject matter and supersedes all existing agreements between them relating to its subject matter. This agreement may not be changed orally. The failure of a party to insist upon strict adherence to any term of this agreement on any occasion will not be construed a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this agreement. All waivers must be in writing. No party will be considered as, or hold itself out to be, an agent of any other party, and no party may act for or bind any the other party in any dealings with a third party; rather, the parties are independent contractors. This agreement will be governed by and construed in accordance with the internal substantive laws of the State of WA.
  5. Digital Signatures. Assent to this agreement, which is indicated by clicking below, and notices given pursuant to this agreement by digital signature constitute a "signature" as interpreted under the Illinois Uniform Commercial Code, and will be binding on all parties.

To become an affiliate partner, please fill out the Affiliate Application Form.


 

 Sign up for our e-newsletter
HACKER SAFE certified sites prevent over 99.9% of hacker crime.
Dealer Locator | Careers | Size Charts | ExOfficio Stores | About ExOfficio | International | Affiliates | Site Map | BUZZ OFF Info
@Copyright 2008 ExOfficio LLC Privacy & Security Customer Service info@exofficio.com