LuxeTile.com Affiliates Terms and Conditions


LuxeTile.com Affiliate Program Agreement

LuxeTile.com Affiliate Program Operating Agreement This Agreement, made and entered by and between LuxeTile.com and you, the affiliate ("you" or "affiliate"), contains the complete terms and conditions that apply to your participation in the LuxeTile.com Affiliate Program (the " Affiliate Program" or "Program").

Terms of the Agreement

The term of this Agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commission on sales occurring during the term of the agreement.

Compensation Definition
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LuxeTile.com agrees to pay “affiliate” the commission specified in the Agreement if LuxeTile.com sells to a visitor to LuxeTile.com’s site (a "Customer") a product that is the subject of the Agreement and if that Customer has accessed LuxeTile.com site and purchased the product or service via a Qualifying Link.

A "Qualifying Link" is a link from Affilate’s site to LuxeTile.com's using one of the Required URLs or any other URL provided by LuxeTile.com for useif it is the last link to the LuxeTile.com’s site that the Customer uses during a Session where a sale of a product or a service to Customer occurs. A "Session" is the period of time beginning from a Customer's initial contact with LuxeTile.com's site via a link from the Affilate’s site and terminating when the Customer either returns to theLuxeTile.com's site via a link from a site other than Affiate’s site or the Agreement expires or is terminated. The customer must either establish an account with your store or purchase products during the initial visit in order for the Affiliate to receive credit for the referral.


LuxeTile.com shall have the sole right and responsibility for processing all orders made by Customers. Affiliate acknowledges that all agreements relating to sales to Customers shall be between LuxeTile.com and the Customer.

All determinations of Qualifying Links and whether a commission is payable will be made by LuxeTile.com and will be final and binding on both LuxeTile.com and Affiliate. Prices for the products will be set solely by LuxeTile.com in its discretion.

Termination

Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all LuxeTile.com trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

Modifications to the Agreement

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 this site. Modifications may include, for example, changes in the scope of available commission structure, 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.

Enrollment in the Program

To begin the enrollment process, you will submit a complete application from our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. If we reject your application, you are welcome to reapply to the program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the program, we may terminate this agreement.

Your site should:

• Generate sufficient traffic to our websites and have current and relevant content.
• Attract a customer base who may be interested in our products.
• Not promote violence such as: hate crimes, fire arms, terrorists organizations and/or related sites.
• Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Not promote sexually explicit, pornographic or obscene content (whether in text or graphics).
• Not promote content related to liquor, tobacco, firearms, drugs, gambling, crime or death.


Privacy Policy

Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.



Fraud

If you commit fraud or falsify information in connection with the registration of members in LuxeTile.com through the links on your site, this Agreement will be terminated immediately. In addition, you will be liable to LuxeTile.com for any and all damages that LuxeTile.com suffers as a result of such actions. You will also be responsible for returning to LuxeTile.com all commissions received for fraudulent sales, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.

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 one month’s commission paid or payable to you under this Agreement.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between parties. 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 in this Section. LuxeTile.com may cite your name or URL in connection with your participation in the program in materials including but not limited to postings on our site, newsletters, advertisements, and other communications.



Payment to Affiliates

LuxeTile.com agrees to pay you the commission specified in this Agreement if LuxeTile.com through one of its sites, sells to a visitor to its sites (a "Customer") a product or service that is the subject of this Agreement and if that Customer has accessed LuxeTile.com’s site and purchased the product or service a link on your web site.

Commissions will be paid in U.S. dollars only by check.

Commission checks will be made payable to the order of the person and/or company name designated on the affiliates application at the time of sign-up.
Commissions are accrued on a 30/31 day calendar month. Failure to provide LuxeTile.com with a correct address, or if checks mailed to You are returned to LuxeTile.com, will result in forfeiture of any amounts otherwise due to You hereunder. You can send updated information to affiliate@LuxeTile.com. Any attempt by an affiliate to manipulate, falsify or inflate clicks or referrals, to defraud LuxeTile.com or to violate the terms of this Agreement constitutes immediate grounds for LuxeTile.com to terminate this Agreement and will result in forfeiture of any amounts otherwise due to
You hereunder.

Commissions are calculated based on the achieved ‘Total Orders’ Generated (less any applicable cancellations) amount for that month. All clicks are verified.

Commissions are paid on a monthly basis when the affiliate’s account has reached a minimum threshold of $25.00. Accounts with a balance of less than $25.00 will roll over to the next month.

Comission payments to the affiliate will be mailed on the 20th day of the month. Should the 20th day fall on a weekend, checks will be mailed on the next business day.

No commission will be paid on advertising orders if for any reason an affiliate’s referred visitor cancels their order. If the affiliate has already received commission for a canceled order, the earned commission may be reversed from the affiliate’s account.


Tracking of Clicks and Advertising Orders

LuxeTile.com will be solely responsible for tracking clicks and orders made to customers who follow an affiliate’s links or inputs the affiliate’s code. An affiliate will be solely responsible for ensuring that its links are formatted properly and maintained in a manner, which allows LuxeTile.com to track such sales. No commission shall be paid if the application cannot be tracked by LuxeTile.com or if the customer accesses the LuxeTile.com site other than through the affiliate’s links and does not input or mention the affiliate’s code.

Responsibilities of 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.

You are solely responsible for:

• The technical operation of your site and all related equipment.
• The accuracy and appropriateness of materials posted on your site (including, among other things, all LuxeTile.com materials).
• Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, copyrights, trademarks, privacy, or other personal or proprietary rights).
• Ensuring that materials posted on your site are not libelous or otherwise illegal.


Indemnification

We disclaim all liability for these matters listed in 14. 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.

Limited License

We grant you a nonexclusive, nontransferable, revocable right to access our site through the links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in increasing traffic to LuxeTile.com You may not alter, modify, or change the links in any way. You are only entitled to use the links to the extent that you are a member in good standing of the LuxeTile.com Affiliate Program. We may revoke your license anytime by giving you written notice.

Publicity

You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to LuxeTile.com and receiving our consent.

Also, as an affiliate of LuxeTile.com, the affiliate program for the site, LuxeTile.com, you may not advertise LuxeTile.com services and solicit members on any Internet forums, boards, email service or communities that are the trademarked and owned property of another company designed for use only by their registered members. "Roping" of customers from any other company's member base by placing personalized ads on their online product (or any other way) is not an acceptable method of promoting LuxeTile.com products.



Anti-Spam Policy

Affiliates will be removed from the LuxeTile.com Affiliate Program and forfeit any pending commission if they are caught spamming. Spamming is not allowed and will not be tolerated. All email campaigns muct be approved in advance by the LuxeTile.com’s Affiliate manager and must comply with all elements of the CAN-Spam Act.



Anti-Predatory Policy

No affiliate will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the Web users’ access, view or usage of, or other aspect of the Web users’ experience at, any affiliate’s webpage (as defined below) in a manner that causes or otherwise results in a different experience from that was otherwise intended by such affiliate;

*No Affiliate will block, alter, direct or redirect, or substitute, insert or append itself to, or otherwise intercept or interfere in any manner with, any click-through or other traffic-based transaction that originated from an affiliate webpage (including without limitation any return visit to LuxeTile.com to which such click-through or other traffic reached or intended to reach) with the result of reducing compensation or other payment earned by or owing to an affiliate or increasing any payment obligation of LuxeTile.com with respect to any individual transaction.



Disclaimer

We make no express or implied warranties or representations with respect to the LuxeTile.com Web site or the LuxeTile.com Affiliate Program (including, without limitation, warranties of fitness, merchantability, no infringement, or any implied warranties arising out of 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.



Miscellaneous

The laws of the United States and the State of Washington will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts in Washington 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.

This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, and supersedes any prior agreements and understandings, both written and oral, which may have existed or exist between the parties with respect to the subject matter hereof. You may not modify this Agreement.



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.



Proper Age

BY ACCEPTING THIS CONTRACT, YOU CONFIRM YOU ARE AN ADULT OF AT LEAST 18 YEARS OF AGE (19 OR 21 WHERE APPLICABLE)



Pay Per Click Search Engine Placement Policy

Affiliates may not bid on our any LuxeTile.com trademarked names, including, but not limited to: LuxeTile.com.



Affiliate Domain Name Policy

Affiliates may not use any LuxeTile.com trademarks within their domain names. LuxeTile.com will aggressively protect our trademark by terminating our affiliate relationship and/or pursuing legal action. Please do not include any of the following within your domain name(s), or any iterations thereof: luxetile, luxetiles, luxtile, luxetiles. Thank you for your compliance.



Competitive Use

Content, including, but not limited to, datafeeds, banners, and articles, provided by LuxeTile.com is copyrighted. You are granted a temporary, and revocable license to use it while marketing any LuxeTile.com subsidiary. Should Publisher become a Competitor, all licenses to Advertiser Content are revoked immediately.
Except with express written consent, no competing ads may be generated, nor revenue therewith, using content provided by LuxeTile.com. This includes, but is not limited to, Google Adsense, Quigo AdSonar, and other contextual ad services provided by search engines. Other advertisements may be placed on the webpage, but may not use any LuxeTile.com owned content to generate the content, or context of any ad. In cases where the majority of the page's content is owned by LuxeTile.com, as determined solely by LuxeTile.com, no ads from competing vendors may be shown.

You must use and provide valid email address and contact information through which you can be reached to participate in the LuxeTile.com Affiliate Program. If you do not, your account will be deactivated.