Affiliate Service Agreement (the "Agreement") is
made by Worldwide Brands ("www.worldwidebrands.com”), and you, as an Affiliate
user of the Worldwide Brands Affiliate Program ("You", "Your", "Affiliate").
To be an authorized Affiliate of Worldwide Brands, You agree to abide by the
terms and conditions contained in this Agreement. Please read this Agreement
carefully before registering and using the Worldwide Brands Affiliate Program.
By signing up for Worldwide Brands Affiliate Program, you indicate Your
acceptance of this Agreement and its terms and conditions. If You do not accept
this Agreement, do not sign up for the Worldwide Brands Affiliate Program.
Enrollment in the Program - You may submit
a completed Program application to begin the enrollment process. Submission of
your application to the Worldwide Brands Affiliate Program implies acceptance to
the terms set forth in this Agreement. We will evaluate your application and
notify you of your acceptance or rejection through our third party solution
provider. Please allow 24 – 48 hours for your submission to be reviewed.
Please note that should a sale be processed prior to the affiliate account submission has been approved you will not receive commission for the sale unless you contact a member of the affiliate team. We may reject your application if, in our sole discretion, we
determine for any reason that your site is unsuitable for the Program.
Unsuitable sites include, but are not limited to, those that:
Regardless of your acceptance in the Program, we may terminate this Agreement
for any reason, at any time. The terms of this Agreement and our acceptance
criteria are subject to change at any time without prior notice. All decisions
for acceptance into the Worldwide Brands Affiliate Program will be made within
our sole discretion. If your Application is not accepted, you may reapply to the
Program at any time; however, you should not and may not link to our site unless
you are approved for the 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. Upon termination, all Worldwide Brands related content
and links shall be promptly removed from your site. You are only eligible to
earn referral fees on sales occurring during the term, and fees earned through
the date of termination will remain payable only if the related orders are not
canceled or returned. In the event overpayment is made by us, you agree to
promptly remit such excess payment upon notification by us. We may withhold your
final payment for a reasonable time to ensure that the correct amount is paid.
Contact Information - You must provide valid contact information including physical mailing address, email address and phone number to
participate in the Worldwide Brands Affiliate Program. Your contact information
will only be used for the purposes of contacting you with information regarding
the affiliate program and Worldwide Brands. It will not be resold or used for
any other purposes. If Worldwide Brands can not contact you within a reasonable
period and your account is inactive, the account will be deactivated.
Compensation Terms and Payment Schedule: Affiliates earn commissions through a
pay per sale platform and is defined as follows:
Countries not eligible for program: Any applications received from IP or
mailing addresses within the countries listed below will be automatically denied
acceptance to the Worldwide Brands affiliate program. Any affiliates found to be
operating sites out of these countries will be automatically suspended, and
their accounts removed from the program. Countries not eligible for program:
International affiliates must be able to obtain a PayPal account for
commission payment
purposes.
Modification to 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
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.
Responsibility for Your Site and
Marketing: You will be solely responsible for the
development, operation, and maintenance of your site and for all content that
appears on your site. For example, you will be solely responsible for:
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.
All content on the Worldwide Brands site is copyrighted material and copyright
violations will be treated seriously.
Not Affiliated with OneSource.com
OneSource by Worldwide Brands is not affiliated in any way with OneSource.com, OneSource Information Services, Inc., or it's parent company, infoUSA. OneSource by Worldwide Brands helps home-based Internet Business Owners decide what products to sell online, and where to get those products from genuine, verified wholesale suppliers.
OneSource by OneSource Information Services, Inc., provides Corporate Information Services including identifying sales prospects, monitoring competitive corporations, tracking company performance, managing customers effectively, and more.
These are two completely different companies and types of products. The companies do not share principals, officers, directors, members and/or shareholders and are completely unrelated. The purpose of this disclaimer is merely to prevent the danger of any consumer confusion.
You may not reference “OneSource” on or in any of your marketing efforts for Worldwide Brands Inc.
OneSource.com is considered a third party company.Better Business Bureau (BBB) Online Brand Policy:
Per the policies of the
BBB Online Reliability Online Program, only approved BBB brands can be displayed
on approved Worldwide Brands websites. It can not be displayed on any affiliate
websites. Affiliates may link to the Worldwide Brands home page where the BBB
Brand is located but may not copy or link to the BBB Online Program directly on
their websites. You agree that you will not use the BBB Online Brand
inappropriately, and if contacted by Worldwide Brands, will immediately remove
all references or images pertaining to the BBB Online program. If affiliates are
members of any of the BBB Programs, it must be clearly indicated on the website
that any references of BBB images are referring to the affiliate's site and not
Worldwide Brands.
Reciprocal Link Policy: Worldwide Brands
does not participate in a reciprocal link program. By agreeing to this
agreement, you understand that Worldwide Brands will not promote your website or
any products on your website unless arrangements have been negotiated between
the partners of Worldwide Brands and yourself. Worldwide Brands, at any time and
in our sole discretion, may select specific websites to be promoted on our
websites on an individual basis.
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
Worldwide Brands. 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 Worldwide Brands Affiliate Program. We may revoke your license
anytime by giving you written notice. You may use anything outside our
membership are as long as it promotes Worldwide Brands only. You may not publish
anything in anyway from our directories.
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 registering users with Worldwide Brands through
the links on your site, this Agreement will be terminated immediately. In
addition, you will be liable to Worldwide Brands for any and all damages that
Worldwide Brands suffers as a result of such actions. You will also be
responsible for returning to Worldwide Brands 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 the total referral fees paid or payable to you under to this
Agreement.
Miscellaneous: This Agreement will be
governed by the laws of the United States and the State of Florida, without
reference to rules governing choice of laws. Any action relating to this
Agreement must be brought in the federal or state courts located in Orange
County, Florida, 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.
Anti-SPAM Policy: Worldwide Brands does not tolerate the use of spamming
techniques. Worldwide Brands reserves the right, at any time and in our sole
discretion, to report any business or person using any version of these
techniques. Affiliates will be immediately removed from the program and all
pending commissions forfeited
Spyware And Other Parasites: Any affiliate
suspected of a relationship, formal or informal, with any provider of spyware or
parasitic software (as judged by any interference with the operation by design
of Worldwide Brands and/or its partner sites) is subject to punitive actions by
Worldwide Brands, without notice, including but not limited to: suspension of
affiliate account; termination of affiliate account; withholding of payments to
affiliate; and public notification of affiliate's suspected malfeasance.
Worldwide Brands encourages affiliates to report suspicions of such
relationships; and, should substantial proof, as judged by Worldwide Brands, be
provided, Worldwide Brands reserves the right to assign a value equal to unpaid
monies earned by the offending affiliate (or a part thereof) to the reporting
affiliate as a bounty.
Disclaimer: 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, non-infringement, 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; however, we will make commercially
reasonable efforts to correct errors or interruptions promptly.
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.