This Agreement contains the terms and conditions that apply to a participant in the Catalogs.com partner program (the "Program"). As used in this agreement, "we"/"our/"us", means Catalogs.com and "you"/"your" means the "partner/applicant", "site" refers to a World Wide Web site.
To begin the enrollment process, you will submit a complete Partner Application form. We will evaluate your application in good faith and will notify you of your acceptance or rejection, usually within 24 hours. We may reject your application if we determine, in our sole discretion, that your site is unsuitable for the Program. Unsuitable sites include, for example, sites that:
- Sites whose primary purpose is to promote or advertise Free or No Cost products or services.
- Offer users incentives to click on Catalogs.com or to generate a lead on Catalogs.com
- Promote sexually explicit materials.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Website must be in the English language.
- Promote illegal activities or violate intellectual property rights.
If you are accepted into our Program, then we grant you, and you hereby accept, a non-exclusive, revocable right to use our present banners, text links and other such images (provided to you through the Catalogs.com partner program) for which we grant express permission, for the purpose of identifying your site as a Program participant and linking to our site. You shall not modify the banners, text links or any of our images in any way without our express permission. You shall not use any other banners, text links, or any other images to identify or associate your company with the Program which were not provided to you by Catalogs.com. Further, you shall not sublicense, assign or transfer any of the limited rights granted to you herein, and any attempt to do so shall be void.
By participating in our Program, you are receiving only the limited license described above. Catalogs.com reserves all rights in and to its logos, trademarks, service marks, copyrights, proprietary technology and related intellectual property, including any future intellectual property that may be developed or used by Catalogs.com in the future. You hereby agree that your participation in the Program does not and shall not diminish any of Catalogs.com’s intellectual property rights at any time.
Parasiteware is the use of pop-up banners that hide banners that are displayed on a site, placement of icons beside keywords found in text which, if clicked, will take the visitor to someone else's site, etc. Catalogs.com does not use such predatory advertising methods. If, in our sole discretion, we determine that you are engaged in parasiteware-type activities, then you agree that we have the right to terminate your account with the Program, and all outstanding commissions WILL BE FORFEITED.
SPAM (unsolicited email)
Catalogs.com does not and will not tolerate any spamming activities from any of its partners. To that end, you are prohibited from sending, or encouraging others to send, unsolicited emails that promote, reference, or in any other way include Catalogs.com, or any of its associated companies, partners, or employees. Other prohibited forms of advertising include postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name or your return email address.
If, in our sole opinion, you breach these conditions, you may have your partner status cancelled immediately and/or all outstanding commissions MAY BE FORFEITED without prior notice at the discretion of Catalogs.com.
Further, you hereby agree to indemnify, defend and hold harmless Catalogs.com and its partners, officers, directors, employees and agents (collectively “Catalogs.com”) from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any breach of the terms of this section relating to spam and/or any other provision of this Agreement.
Partner agrees to observe Catalogs.com's exclusive rights as to the names of its properties, including Catalogs.com and CatalogSavings.com within all promotions and search engine traffic. If, in our sole opinion, you breach these conditions, you may have your partner status cancelled immediately and/or all outstanding commissions MAY BE FORFEITED without prior notice at the discretion of Catalogs.com.
Without prior written approval from Catalogs.com, Catalogs.com prohibits partners from promoting or advertising Catalogs.com using any of the following methods:
- Using the word(s) Free, Freebie, No Charge or the like when describing and promoting Catalogs.com.
- Gives users incentives to click on Catalogs.com or to generate a lead on Catalogs.com.
- Sends out emails promoting Catalogs.com.
- Pop-Up advertising promoting Catalogs.com.
- Hosting website promotes sexually explicit material.
- Hosting website promotes violence.
- Hosting website promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Hosting website promotes illegal activities or violates intellectual property rights.
- Partners are prohibited from promoting Catalogs.com on pay per placement promotions with Google- Adwords or Overture.
- Any other violations of the terms and conditions of this agreement.
If you, in our opinion, breach these conditions, you agree that we have the right to immediately cancel your account with the Program, and all outstanding commissions shall be FORFEITED.
Catalogs.com and its associated companies operate with the strictest codes of professional conduct. Any partner who brings Catalogs.com or its associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their partner status cancelled and any outstanding commissions WILL BE FORFEITED.
We reserve the right to reject any partner application if in our opinion, that person or company violates established laws or commonly held standards of decency.
An partner who ignores warnings to cease and desist any activities we deem negligent, inappropriate, or harmful to Catalogs.com and or other partners will be terminated.
We will be solely responsible for processing every lead. Customers will use our site to order their catalogs. Order forms and related customer service are our responsibility. You shall NOT place orders for customers.
All of our rules, operating procedures and policies regarding customer leads and accounts will apply to orders we receive through any Catalogs.com links on your site. We reserve the right to reject any lead that does not comply with our rules, operating procedures and policies.
Every customer who orders a catalog through this program is deemed to be a customer of ours. You do not have the authority to make or accept any offer on our behalf. All our policies regarding customer orders, including catalog availability and problem resolution, will apply to these customers. We are not responsible for any representations made by you which contradict our policies.
** You CANNOT AND SHALL NOT order catalogs for your OWN PERSONAL USE through YOUR partner link!
We will be solely responsible for tracking leads we obtain from customers who follow links from your website. We currently use AffiliateWiz, although we reserve the right to change our relationship with our tracking company(s) at any time. Statements of your activity will be available to you in "realtime" with a special URL that we assign to you, which will be accessible 24 hours per day and 7 days per week. You may access these stats via a password and username we assign. Only two entities may access your stats and partner information: you and us (Catalogs.com).
We will provide you with a unique identifying URL for you to link to. Each lead that is generated from this URL will be attributed to you. The furnished URL and link must be used by you in order for a lead to be validated. No other URL’s or links are permitted. You are not permitted to create any other URL and link directly to a Catalog detail page. You will have access to your own private section to check your stats in Real Time. Your links to the unique URL can be text links or banner links, or a combination of the two, at your sole discretion. If you choose banner links, you must use our banners. We will provide you with a URL of all our banners from which you can freely choose. If you choose text links, you must use our text. You may request for permission to use alternative text by emailing your requested text to us. You may add as many links to Catalogs.com, or remove such links, at anytime and without prior approval from us.
** Inactive partners may be removed from participation in the Program. Inactive means little or no "click-throughs" via your banner/text links, as monitored via our partner program administrative panel, for a period of sixty (60) days and/or, non-placement of partner banners/text ads. We may contact you after an extended period of "inactivity". Efforts will be made to help and encourage your participation in the Program.
We will provide you with instructions on how to properly format the links. You are responsible for ensuring the links are formatted correctly. This will ensure accurate tracking of leads for credit to your account. We take great effort to ensure that our site is functional and available for customers referred to our site through your "partner link". However, it is your responsibility to monitor your links on a regular basis to ensure proper functionality and tracking.
We have NO responsibilities with regard to your site. Catalogs.com 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. In addition, Catalogs.com's aggregate liability arising under or with respect to this agreement or the Program shall in no event exceed total referral fees paid or payable to the partner under this agreement.
We will pay you a stated amount for the first lead completed on the Catalogs.com website (the first time a customer orders one or more catalogs) made by a customer referred by your "partner link" through our banners or text links. Your stated amount will be listed in the private partner area made available to you.
The minimum amount for payment is twenty-five dollars ($25.00). Any amount under this will be held in your account until the $25.00 minimum for pay out is reached.
You will not be paid for any hyperlinks which originate from Catalogs.com to the website(s) of any of our catalogs or merchants, nor will you be paid for any catalog requests or catalog sales which occur from hyper linking to any of our catalog or merchant website(s).
Payment will be made in the form of a bank check from us, paid in US dollars. Checks will be mailed within fifteen days of the first of the month for the prior month's leads. For example, commissions for leads made during May, will be sent out on or before the 15th of June. We are not responsible for paying interest to partners for accrued but not yet delivered commission payments.
Payment will be made out to you and mailed, via U.S. postal mail, to the address you provide at sign-up. (you will be able to modify your address and contact info via your private partner area).
The term of this agreement will begin upon our acceptance of your partner program application and your placement of our banner or textual link on your site and will end when terminated by either party. Either you or we may terminate this agreement at any time for any reason upon notice to the non-terminating party. You can only earn commissions and referral fees on leads occurring during the term. Payment of monies owed you will be payable on the same schedule as stated above for commission payment. Upon termination of this agreement, all licenses conveyed to you under this agreement shall immediately and permanently expire, and you shall remove all partner links and graphics from your web site, and refrain from publishing same in any manner whatsoever.
You must understand and agree that you are acting as an independent contractor and as such will be responsible for your own Income Taxes and any other tax liabilities that affect the commissions you obtain from the program. By law, any commissions in excess of five hundred ninty nine ($599) dollars must be reported by us on a Federal Tax form (that's why we ask for your SSAN-social security number on the sign-up page). You will be sent this form and are required to sign and return to us before any 'further payment' to you can or will be made.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a new agreement on our site. If any modification is unacceptable to you, you may terminate this agreement. Your continued participation in the program following notification of our new program will constitute binding acceptance of the change.
You are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and us. 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 written here.
Catalogs.com may at any time and for any reason, at its sole discretion, terminate an Partner's participation in the program. Such termination may be made by email to the contact we have in file for you. You are responsible for maintaining this information current. Upon being notified of such termination, the former Partner must immediately remove any and all Catalogs.com icons and links from the Partner's site to the Catalogs.com site, and must cease making any claims of being an Catalogs.com Partner. We are not responsible for any losses you experience after termination. Catalogs.com reserves the right to suspend any account that does not have up-to-date email contact information or the URL of partner’s participating website. Accounts may also be suspended from the program for inactivity. Suspended accounts may apply to be reinstated by writing to firstname.lastname@example.org
As with any program, a conflict or dispute may occasionally arise due to tracking, orders, commission calculation, performance issues and appeals regarding "termination for cause". Below is outlined who to contact and how to handle any such situation.
If a concern should arise, send an email stating your full name, your partner ID, your address and state the specifics of your concern. Include any dates or numbers that apply. We will investigate immediately and will reply as soon as possible.
We will strive to settle any dispute in a fair and reasonable manner. For the purposes of this Partner Agreement, you agree that all disputes arising out of, or related to, this Partner Agreement will be governed by Florida law and brought and dealt with exclusively in Broward County, Florida.
318 Indian Trace #330
Weston, FL 33326
It's pretty simple... We ONLY use the information you submit to maintain your account. That is, to make your commission payments and to communicate changes in OUR site’s offerings. We will NOT email you with any other company's products... period! We WILL notify you of new banners and or text links to facilitate promotion of Catalogs.com. We Do Not Now nor Will We in the future, Sell, Rent or otherwise make your personal information available to anyone!
This concludes the agreement. Thank you for taking the time to read it carefully. We look forward to working with you, our Valued Partners! By signing up for our Program, you are agreeing to the above "Partner agreement".