The IRISHOP.com
Affiliate Program Operating Agreement
This Agreement contains the terms and conditions to
apply to an individual's or an entity's participation in the IRISHOP.com
Affiliate Program (the "program"). As used in this Agreement, "we", "us"
or "our" refers to IRISHOP.com , "you" or "your" refer to the applicant,
"Participant" shall mean an applicant which has been approved to be a participant
with the Affiliate Program," sponsoring Web site" refers to the World Wide
Web site from which you will link to IRISHOP.com, "product" refers to any
item listed for sale in the IRISHOP.com Web site, and all dollars ($) shall
mean United States dollars.
Enrollment in the Affiliate Program
To begin the enrollment process, you will submit a
complete IRISHOP.com Affiliate Program application via our site. Your application
will be accepted in good faith, and you will receive an acceptance letter
including your unique affiliate code number. We reserve the right to remove
you from the program at any time without prior notice if it comes to our
attention that, in our sole discretion, your site is unsuitable for the
program.
Unsuitable Web sites include sites that:
•Promote violence
•Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
•Promote unlawful activities
•Promote the use of bulk e-mail or spam
•Promote the use of pyramid schemes
•Contain content that is threatening, defamatory, fraudulent, obscene
or harassing
•Violate intellectual property rights
•Contain nudity or pornographic material
If you are unsure whether your site meets these criteria, please email us
your URL at marketing@irishshop.com, and we
will be happy to review your site.
Listing IRISHOP.com Products on
Your Site
You can choose to provide a general link to the IRISHOP.com
front page or to any other IRISHOP.com page, including our category pages
and item pages.
Additionally, you can choose to select one or more IRISHOP products for
display on your site. For each product in our Web site that you want to
link to, you will display on your site a short description, review or other
reference.
The content, style and placement of these descriptions is entirely
up to you and will also be entirely your responsibility. Using a specially
formatted link with a unique Affiliate code, which we would provide to you,
you will provide a special link from each product on your site to the corresponding
IRISHOP.com page.
Order Processing, Customer Service
and Order Fulfillment
a.Order Processing: We will be responsible
for processing every order placed by a customer who utilizes the special
link from your sponsoring Web site to our Web site.
Order forms, payment processing, shipping, cancellations, returns
and related customer service will be our responsibility.
All of our rules, operating procedures and policies regarding customer
orders and accounts will apply to orders we receive through the special
link from your sponsoring Web site.
We reserve the right to reject any order for any reason, including
any order that does not comply with our rules, operating procedures and
policies or that violates applicable law.
b.Tracking of Sales:
We will track sales made to customers who use the unique Affiliate
code from your sponsoring Web site. You will be solely responsible for ensuring
that your special link includes your unique Affiliate code and is formatted
properly, a necessary prerequisite for us to track such sales. Statements
of referral product sales activity are available to you at any time and
you will have private access to yours stats, which are updated daily.
All statements after 30 days shall be deemed correct unless you give
us notice of any error prior to that date. We shall not be responsible for
any errors you or your customers make which result in any loss of any tracking
information contained in the special link. To protect our customers' privacy,
the names or other personal information about specific customers will not
be provided to you.
c.IRISHOP.com Policy Applies to All Orders:
Every customer who buys a product through this program is deemed
to be a customer of IRISHOP.com.
You do not have the authority to make or accept any offer of purchase
on our behalf. All of our policies regarding customer orders, including
product availability, pricing and problem resolution, will apply to these
customers. We are not responsible for any representations you make which
conflict with our policies.
d.Product Prices and Availability:
The price charged for every product sold under this program will
be determined by us according to our own pricing policies. Product prices
may vary from time to time, including suppliers' price increases and special
discounts offered by us on products that may already be listed by you. You
may not specify product prices in your descriptions and our policies will
always determine the price paid by the customer. Product availability changes
frequently and we will endeavor to present our best available information
regarding product availability. We cannot guarantee the availability or
price of any product.
4.Referral Fees
a.Referral Fee Amount:
We will pay the owner of the sponsoring Web site 15% of the
Gross Sale for each product or service sold us that was initiated
as a direct referral using the appropriate special link, including the unique
Affiliate code, from the sponsoring Web site. However, no amount shall be
due for products returned to us for refund in accordance with our refund
policy. Gross Sale is defined as moneys collected from the sales of products
less returns. However, no part of the referral fees will be based on shipping,
handling or sales tax charges.
b.Referral Fee Payment:
We will send you a referral fee check for the applicable referral
fee and a statement of customer purchase activity approximately 30 days
after the end of each calendar quarter. Amounts less than $50..00 will be
held until the calendar quarter in which the referral fee due exceeds $50.00,
or until this agreement is canceled.
c.Returns and Cancellations:
If a referral fee product is later returned by the customer, its
referral fee will be deducted from the next quarterly payment sent to you.
If there is no next quarterly payment, you will be billed for this amount
which is owed to us.
5.Responsibility
for Your Site
a.You will be solely responsible for the development,
operation and maintenance of your site and for all materials that appear
on your site. For example, you will be solely responsible for:
•the technical operation of your site and all related equipment
•creating and posting product descriptions on your site and linking
those descriptions to our Web site
•the accuracy and appropriateness of materials posted on your site
(including, among other things, all product related materials)
•ensuring that materials posted on your site (except for the required
logo under section 7(a), below) do not violate or infringe upon the rights
of any third party (including, for example, copyrights, trademarks, privacy
or other personal or proprietary rights)
•ensuring that materials posted on your site are not libelous or
otherwise illegal.
b.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.
c.You agree to display an IRISHOP.com logo on the sponsoring site
homepage or other prominent location.
6.Linking to IRISHOP.com
a.Use of special links to IRISHOP.com:
Using a specially formatted link, which includes a unique Affiliate
code that we would provide to you, you will provide a special link to an
IRISHOP.com page. You may add or delete links from your sponsoring Web site
at any time without our approval.
b.You can add or remove links at any time: You may select and link
to additional pages, or remove such links, at any time and without our prior
approval.
However, YOU MUST use the correct special link format with the unique
Affiliate in order to receive proper credit for your referrals.
c.You can list as many products as you like: There is no limit on
the number of products which you may choose to link to as part of this program.
d.You can link directly to the IRISHOP.com home page: You can link
directly to our home page and still receive your referral fee for any product
that a user may purchase during that session provided you use the unique
Affiliate code and the correct special link.
ALL products for sale in our Web store are eligible for the referral
fee provided you use your unique Affiliate code and special link.
7.Limited License
a.You must display the IRISHOP.com Affiliate program
logo on your home page or other prominent area on your site, subject to
the license below.
b.We grant you a non-exclusive, revocable right to use the icon and
such other images for which we grant express permission, solely for the
purpose of identifying your site as a program Participant. You may not modify
the icon or any of our images in any way. We reserve all of our rights in
the icon, any other images, our trade names, trademarks and copyrights and
all other intellectual property rights. We may revoke your license at any
time by giving you written notice. You may not use such icon and other images
in such a way that would harm our image. Upon cancellation or termination
of this Agreement, you agree to cease all use of such icon and other images.
8.Restrictions on
Personal Use
This program is intended for commercial use only,
i.e., paying referral fees for products sold to third parties who follow
a special link from your sponsoring Web site. Participants who use this
program to purchase products for their own use are in violation of the agreement.
IRISHOP.com may, in its sole discretion, terminate this agreement and/or
withhold payment of referral fees if we find that such personal use has
occurred.
9.General Provisions
a.Web Site Service Interruption:
IRISHOP.com will make every effort to keep its Web site operational.
However, certain technical difficulties may, from time to time, result in
temporary service interruptions. You agree not to hold us liable for any
of the consequences of such interruptions.
b.Term of the Agreement: You may only receive referral fee payments
for orders that are properly placed during the term of this agreement. This
term will begin on the date that we notify you that you have been pre-approved
as a program Participant and shall end when canceled or terminated by either
party as provided below. Unless otherwise canceled or terminated, the agreement
will be for 1 year and renewed quarterly. Referral fees earned through the
date of cancellation or termination of this agreement will remain payable
only if the products are not returned or canceled from their orders. Payment
of the final referral fee payment to you may be withheld for a reasonable
time in order to ensure that the correct amount is paid.
c.Modifications: 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. 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.
d.Cancellation of This Agreement: Either party may choose to cancel
or terminate this agreement at any time and for any reason by written notice
of cancellation or termination to the other.
e.WARRANTY DISCLAIMER: WE MAKE NO WARRANTIES, REPRESENTATIONS OR
CONDITIONS WITH REGARD TO THE PROGRAM OR ANY PRODUCTS SOLD THEREUNDER, WHETHER
EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE,
COURSE OF DEALING OR USAGE OF TRADE. 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.
f.LIMITATION OF DAMAGES: WE SHALL HAVE NO LIABILITY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS
ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM, EVEN IF
WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE
LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM
SHALL IN NO EVENT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE BY US TO
YOU UNDER THIS AGREEMENT.
g.Independent Contractors: You are an independent contractor and
nothing in this agreement is intended to or will create any form of partnership,
joint venture, agency, franchise, sales representative or employment relationship
with us.
h.Governing Law. This Agreement shall be governed by and construed
in accordance with the substantive laws of the State of Delaware, excluding
its conflict of laws principles. Any lawsuit relating to this Agreement
must be brought in the federal or state courts located in Delaware.
i.Headings. The titles and headings of the various sections and paragraphs
in this Agreement are intended solely for convenience of reference and are
not intended for any other purpose whatsoever, or to explain, modify or
place any construction upon or on any of the provisions of this Agreements.
j.Assignment. You may not assign this Agreement, by operation of
law or otherwise, without our prior written consent. Subject to that restriction,
this Agreement will be binding on, inure to the benefit of and enforceable
against the parties and their respective successors and assigns.
k.Waiver: Our failure to enforce your strict performance of any provision
of this Agreement will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this Agreement.
l.Free to Contract with Others: 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.
m.Independent Investigation: 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.
10.ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS: BY SUBMITTING THIS APPLICATION
AND CHECKING THE "I AGREE TO THE TERMS AND CONDITIONS" BOX, YOU ACKNOWLEDGE
THAT YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY AND AGREE
TO ALL ITS TERMS AND CONDITIONS.
IRISHOP Best Price Guarantee™
If you see any of our products cheaper anywhere
else online, let us know
and we will give you an extra 10%
discount off their lower price, AND we will also free ship it
to you, AND also include an additional free
gift from Ireland!
