This agreement contains the complete
terms and conditions that apply to an individual's or entity's participation in the
Lotteryshop.com Affiliates Program (the "Program"). As used in this Agreement,
"we" means Lotteryshop.com, and "you" means the applicant.
"Site" means a World Wide Web site and, depending on the context, refers either
to our site located at the URL www.lotteryshop.com, or to the site that you will link to
our site (and which you will identify in your Program application).
To begin the enrolment process, you will submit a complete Program application via 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. Unsuitable sites include those that: Promote sexually explicit materials 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 at any time.
Once you have been notified that your site has been accepted into the Program, you may provide on your site one or more of the various links to our site that will be made available to you through your Affiliates section at www.shareasale.com To permit accurate tracking, reporting, and commission accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "special links." You will only earn commission with respect to activity on our site occurring directly through special links. We will not be liable to you with respect to any failure by you to use special links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
This website will process Lottery product orders placed by customers who follow special links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle customer service. The form, content, and frequency of the order forms may vary from time to time at our discretion.
We will pay you (in accordance with Sections 5 and 6 below) commission on certain product sales to third parties. For a product sale to be eligible to earn a commission, the customer must follow a special link from your site to our site, select and purchase the product using our automated ordering system, accept delivery of the product at the shipping destination, and remit full payment to us.
You will earn commission based on qualifying revenues according to commissions schedules to be established by us. "Qualifying revenues" are revenues derived by us from our sales of lottery products. The current commission schedule is: Commission rate on Lotteryshop.com Products will be equal to fifteen percent (15%) of Net Sales for Qualifying Revenues.
We will pay you commission on a monthly basis. Approximately 30 days following the end of each calendar month, we will send you a US$ check using the www.shareasale.com system for the commission earned on your sales of lottery products that were shipped during that month, less any taxes that we are required by law to withhold. However, if the commission payable to you for any calendar month are less than US$50, we will hold those commission until the total amount due is at least US$50 or (if earlier) until this Agreement is terminated. If a product that generated a commission is returned by the customer, we will deduct the corresponding commission from your next payment. If there is no subsequent payment, we will send you a bill for the commission.
Customers who buy products through this Program will be deemed to be customers of Lotteryshop.com. Accordingly, all our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change their policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with their own pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
We grant you a nonexclusive, revocable right to use the graphic image and text provided for Affiliates and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, 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.
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 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.
The term of this Agreement will begin upon our acceptance of your Program 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 the 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 Lotteryshop.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. You are only eligible to earn commission on our sales of lottery products occurring during the term, and commission earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by changing this agreement as posted on our site. Modifications may include, for example, changes in the scope of available commission, commission 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 CHANGES TO THIS AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
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 the 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. Lotteryshop.com may cite your 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.
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 this Agreement.
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.
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.
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