Dealer Affiliate Program Terms of Agreement and Responsibilities
Dealer Affiliate Program Terms of Agreement and Responsibilities
This AFFILIATE PROGRAM AGREEMENT ("AGREEMENT") between EXCELCIA MUSIC PUBLISHING, LLC with the subsidiaries of WINGERT-JONES PUBLICATIONS ("COMPANY"), RBC PUBLICATIONS ("COMPANY") and KENDOR MUSIC PUBLISHING ('COMPANY") constitutes the entire terms and conditions that apply to the Excelcia Music Publishing LLC, Wingert-Jones Publications, RBC Publications and Kendor Music Publishing Dealer Affiliate Program ("PROGRAM") and the AFFILIATE Dealer ("AFFILIATE").
Background
An affiliate program is an automated electronic program that involves a Web advertiser the COMPANY and recruited webmasters the AFFILIATE. The webmasters, as affiliates, place the COMPANY's website links on their individually owned websites.
The website links in the affiliate programs are linked to the COMPANY websites and are referred to as affiliate links. AFFILIATES are required to apply for the PROGRAM on the registration page. When an online visitor visits the AFFILIATE's website and clicks the affiliate link, the visitor is redirected to the COMPANY's website. If the customer/visitor makes a purchase, the affiliate is paid a commission for referring this customer.
Application Process
To become an AFFILIATE, the Dealer will be required to submit an application for membership into the PROGRAM. This application will be reviewed for accuracy before you are notified of your acceptance to the PROGRAM. The COMPANY reserves the right to reject applications at its sole discretion if your site is deemed unsuitable. Once your application has been accepted, you will receive additional information in order to begin the process of adding affiliate links to your website.
Qualifying Affiliate Sales
A sale will qualify for a commission if the customer follows a link in the format specified in the PROGRAM affiliate area to redirect customers from the AFFILIATE's site to the COMPANY's site, purchases the product(s) using the COMPANY's online order system, and remits payment to the COMPANY. If the customer does not complete the sale as described, there will be no commission payable to the AFFILIATE. The COMPANY reserves the right to reject orders that do not comply with our requirements, which may change from time to time and at our discretion. If the sale is determined to be complete, the AFFILIATE will be credited with each completed sale a customer makes using the AFFILIATE's links.
Order Fulfillment and Tracking
Once an order has been deemed complete, the COMPANY will process and track the order placed by the customer that has followed the affiliate link. The COMPANY will communicate with the customer regarding order processing and order tracking. If the AFFILIATE has accurately used the affiliate link system, the COMPANY's site will use a client side text string, commonly known as a "cookie" containing your affiliate code to the customer's computer to record the transaction and credit your affiliate account with the sale.
Commissions
For qualified sales as described above, the AFFILIATE will earn a commission based on the sale price of the product at the time of the transaction. The current commission rate is set at Twenty percent (20%) of the retail selling price at the time of the transaction. The COMPANY reserves the right to change retail price and/or the commission rate at its own discretion at any time, and without notice. Commissions will be paid to the AFFILIATE quarterly 30 days after the end of the quarter in which the sales were earned. Payments will be made by check for the commissions that were earned during the quarter being accounted for, less withholdings for any applicable taxes. If products are returned after commissions have been paid, this amount will be deducted from future commissions. If the AFFILIATE receives no commissions quarter, you will be invoiced for the overpayment.
Policies
Customers purchasing products through this PROGRAM will be considered as customers of the COMPANY and will be subject to all our rules, policies, and operating procedures concerning customer orders, customer service, and product sales. The COMPANY reserves the right to change our policies at its own discretion and at any time.
Responsibility for Your Site
The AFFILIATE is solely responsible for maintaining your site and all technical aspects to keep the site in working order. It is the AFFILIATE's responsibility to ensure that your site does not contain any materials that are illegal or violate the copyright or trademark of any third party. The AFFILIATE will hold us harmless for all claims, damages, and expenses arising from any violations related to the operation and maintenance of the AFFILIATE's site.
Trademarks
Excelcia Music Publishing, LLC, Wingert-Jones Publications, RBC Publications and Kendor Music Publishing and all of their respective trademarks and indicia are the property of Excelcia Music Publishing, LLC. Misuse of these trademarks is a violation of this agreement and of copyright law, and will result in the termination of this agreement and possible legal action.
Terms of Agreement
Upon acceptance of the PROGRAM application and by checking the box that you have read and agree to these terms, this agreement will begin and end when terminated by the AFFILIATE or the COMPANY. This agreement can be terminated by either party at any time, and without cause, by giving the other party written notice of termination. Eligible commissions on completed sales will only be paid during the term of this agreement. The COMPANY may withhold commissions for a reasonable amount of time after the termination of this agreement to ensure all sales have been completed and not returned before the final payment is made to the former AFFILIATE. By agreeing to participate in the PROGRAM, you agree to our privacy policy posted in the footer of our website.
Right to Alter
At any time, and at its own discretion, the COMPANY can alter this agreement by posting a change notice or a new agreement on our site. This can be, but not limited to altering the commissioning rate, schedule, payment process or any PROGRAM rules. IF after the changes to the agreement are posted or sent in a change notice the AFFILIATE finds these changes unacceptable, they may terminate this agreement.
No Partnership
Nothing in this agreement shall be construed to create a partnership, joint venture, agency, franchise, sale representation or employment relationship between the COMPANY and the AFFILIATE. It is a violation of this agreement to make statements or to represent on the AFFILIATE site that would contradict this clause of the agreement.
Limitation of Liability
The COMPANY will not be held liable for damages or loss of revenue, profits or data in connection with this agreement or the PROGRAM.
This agreement is non-transferable. Should the AFFILIATE or the COMPANY terminate this agreement and both parties wish to enter into a new agreement, a new application will be required to be completed.
The AFFILIATE acknowledges that you have read this agreement in full and agree with all of the terms and conditions contained hereto. The AFFILIATE has evaluated this agreement and the PROGRAM and has determined the benefit of the PROGRAM on their own to determine their desire to participate.
This agreement is the entire agreement between the COMPANY and the AFFILIATE and shall be construed under the laws of the United States and the State of Florida.
If you agree to the terms of this agreement you may proceed with the registration process for affiliates.
For more information or to discuss this agreement contact us at info@excelciamusic.com