Identifying Yourself as an Affiliate
We will make available to you a small graphic image that identifies your site as a Program participant. You must display this logo or the phrase "In association with eleathershop.com" somewhere on your site. The logo or phrase may be linked to the following message, at your option:
eLeatherShop.com is pleased to have [sponsoring Web site name] in the family of eleathershop.com Affiliates. We've agreed to ship products and provide customer service for orders we receive through special links on [sponsoring Web site name].
eLeatherShop.com Affiliates list selected products with editorial comment that helps you choose the right ones. We encourage you to visit [sponsoring Web site name] often to see what new products they've selected for you.
We may modify the text or graphic image of this notice from time to time. In addition, we encourage you to include a link to the eleathershop.com home page at http://www.eleathershop.com.
Limited Allowance
We grant you a non-exclusive, revocable right to use the icon and message described in Section 8 above solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the icon, the message, or any of our images in any way. We reserve all of our rights in the icon, the message, any other images, our trade names and trademarks, and all other intellectual property rights.
We may revoke your license at any time by giving you written notice.
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. 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 catalogue.
· 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 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
ensuring that you link to eleathershop.com in the format specified by us.
· 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, use and contents of your site.
Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Modifications may include, for example, changes in the scope of available referral fees/commission, fee schedules, payment procedures, and Program rules.
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 referral fees/commission 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, noninfringement, 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
Miscellaneous
this agreement will be governed by the laws of the united kingdom, without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the courts located in united kingdom, and you irrevocably consent to the jurisdiction of such courts. 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 be enforceable against the parties and their respective successors and assigns. 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.
