These are the terms and conditions that pertain to involvement of an individual or entity in the Pers® Affiliates Program.
To become an affiliate, the individual or entity will submit a complete application. Pers Corporation will notify the applicant of acceptance or rejection after reviewing the application. If Pers Corporation determines (at it’s sole discretion) that the applicant’s website is unsuitable for the Pers Affiliates Program, the application may be rejected. The sites that contain or promote sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; illegal activities will NOT be accepted.
Pers Corporation reserves the right may revoke affiliate’s license at any time at its sole discretion.
Links on Participant’s Website
Once the applicant has been notified about acceptance, the affiliate may link to the Pers Corporation’s website using one or more links. Pers Corporation will provide the guidelines, graphical banners, Affiliate Code, and Special URLs, to be used for linking for accurate tracking, reporting, and referral fee accounting. The Special URLs must be used in all links from affiliate’s website to Pers Corporation’s website . The affiliate will only earn referral fees from the activity on Pers Corporation’s website that results directly due to these Special URLs: Pers Corporation will not be liable for any fee if the affiliate fails to use Special URLs properly in the prescribed format. Failure to do so may result in reduction of amounts which would otherwise be paid to the affiliate pursuant to this Agreement.
Pers Corporation will be responsible for all aspects of order processing and fulfillment for orders placed by customers who follow the Special URLs from affiliate’s website to it’s own website . Pers Corporation. reserves the right to reject orders that do not comply with any requirements that Pers Corporation periodically may establish. Pers Corporation will also track sales made to customers who purchase products using Special URLs and will make available to the affiliate reports summarizing this sales activity. Pers Corporation will also track other affiliates that are referred by the affiliate. The form, content, and frequency of the reports may vary from time to time. Pers Corporation at its sole discretion, may subcontract some or all of these services to a third party.
As specified in detail below Pers Corporation will pay for product sales if, the customer follows the Special URL from affiliate’s website to our site (or submits its Affiliate Code at checkout time), select and purchase the Product, and remit full payment.
The affiliate will earn referral fees based on qualifying revenues according to referral fee schedules to be established by Pers Corporation "qualifying revenues" are revenues derived by Pers Corporation from it’s sales of qualifying products, excluding costs for shipping, handling, taxes, service charges, and bad debt. The current referral fee schedule is:
• 20% of sales resulting by clicking on the Special URL links on the affiliate’s website (or by submitting its Affiliate Code at checkout time).
• 5% of sales sales made by other affiliates, if those affiliates were referred to Pers Corporation by the affiliate (by submitting its Affiliate Code at sign up time).
Pers Corporation reserves the right to change the referral fee schedule at any time.
The referral fees will be paid on a monthly basis. The affiliate will receive a check for the referral fees earned approximately 15 days following the end of each month provided that at least $50 dollars have accrued in the affiliate’s account during the month. If the accrued amount is less than $50/- in a particular month, the balance will be carried over to the next month. If after six months, the balance is still less than $50/- a check will be issued for the balance in any case. If the Product that generated a referral fee is returned by the customer, Pers Corporation will deduct the corresponding referral fee from affiliate’s next quarterly payment. If there is no subsequent payment, Pers Corporation will send the affiliate a bill for the referral fee.
Policies and Pricing
Customers who buy products through this Affiliates Program will be considered customers of Pers Corporation Therefore, rules, policies, and operating procedures of Pers Corporation concerning customer orders, customer service, and product sales will apply to those customers. Pers Corporation may change it’s policies and operating procedures at any time. Pers Corporation will use reasonable efforts within it’s means to present accurate information, but Pers Corporation cannot guarantee the availability or price of any particular product.
Pers Corporation grants the affiliate a nonexclusive, revocable right to use the graphic images and text described below and such other images for which Pers Corporation grants express permission, solely for the purpose of identifying affiliate’s website as an Affiliates Program affiliate and to assist in generating product sales. The affiliate may not modify the graphic image or text, or any other of our images, in any way. Pers Corporation reserves all rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. Pers Corporation may revoke affiliate’s license at any time.
Responsibility for Affiliate’s website
The affiliate will be solely responsible for the development, operation, and maintenance of affiliate’s website and for all materials that appear on affiliate’s site. In addition to other things, the affiliate will be responsible for:
• Making certain that the information posted on affiliate’s website does not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).
• Making certain that the information posted on affiliate’s website is not defamatory or otherwise illegal.
• Creating and posting Product descriptions on affiliate’s website and linking to Pers Corporation’s website.
• The accuracy and appropriateness of information posted on affiliate’s website (including, among other things, all Product-related materials).
Pers Corporation disclaims all liability for these matters. Further, the affiliate will indemnify and hold Pers Corporation harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of the affiliate’s website.
Validity of this Agreement
This Agreement will become effective with the acceptance of the application and will end when terminated by either party. Either the affiliate or Pers Corporation may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement, the affiliate will immediately cease the use of all links to Pers Corporation’s website , and all other materials provided by or on behalf of Pers Corporation to the affiliate pursuant hereto or in connection with the Affiliates Program. The affiliate is only eligible to earn referral fees on sales of Products occurring during the period when this agreement is effective. Referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. Pers Corporation may withhold affiliate’s final payment for a reasonable time to ensure that the correct amount is paid.
Modification of this Agreement
Pers Corporation may modify any of the terms and conditions contained in this Agreement, at any time and in it’s sole discretion, by posting a change notice or a new agreement on it’s website . IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILIATE; THE AFFILIATE’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATE’S CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEBSITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Relationship of Parties
The affiliate and Pers Corporation are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The affiliate will have no authority to make or accept any offers or representations on behalf of Pers Corporation The affiliate will not make any statement, whether on it’s website or otherwise, that reasonably would contradict anything in this Section.
Limitation of Liability
Pers Corporation 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 Affiliates Program, even if Pers Corporation has been advised of the possibility of such damages. Furthermore, Pers Corporation’s aggregate liability arising with respect to this Agreement and the Affiliates Program will not exceed the total referral fees paid or payable to the affiliate under this Agreement.
Pers Corporation makes no express or implied warranties or representations for this Affiliates Program or products sold through the Affiliates Program. In addition, Pers Corporation makes no representation that the operation of it’s website will be free of interruption, errors or break downs. Pers Corporation will not be liable for the consequences of any interruptions or other errors.
THE APPLICANT ACKNOWLEDGES THAT THE APPLICANT HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS. THE APPLICANT UNDERSTANDS THAT PERS CORPORATION MAY AT ANY TIME SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH THE AFFILIATE’S WEB SITE. THE APPLICANT HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATES PROGRAM AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.