Cheap Sales Mall Affiliate Agreement

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Our Affiliate Program
If your application is accepted by us, you will be able to participate as an affiliate ("Affiliate") of the Program. As an Affiliate, you will be permitted to establish links from your Web site ("Your Site") to our Web sites at the locations designated by us ("Our Sites"). We will provide you with the appropriate URL(s) once your application has been accepted by us. By establishing links from Your Site to Our Sites, you will have the opportunity to earn commissions on the sales of most of the products display on our web sites (collectively, "Products") when consumers follow the links from Your Site to Our Sites and purchase Our Products. 

Applying to Become an Affiliate in the Program
To become an Affiliate in the Program, you must submit a complete Program application via this site. We will evaluate your application and will notify you of our acceptance or rejection of Your Site as an Affiliate. We may reject your application if we determine (in our sole discretion) that Your Site is unsuitable for the Program for any reason (including without limitation, because Your Site contains material that is violent, threatening, harmful, obscene, pornographic, unlawful, discriminatory, defamatory, infringing, harassing, offensive or otherwise objectionable or inappropriate). Even if we accept your application, we may later determine (in our sole discretion) that Your Site is unsuitable, in which case we may terminate this Agreement.

Establishing Links from Your Site to Our Sites
Once you have been notified that Your Site has been accepted into the Program, you may begin establishing links from Your Site to Our Sites as described in this paragraph. You may select one or more  Products to feature on Your Site. You may change the selection Products featured on Your Site at any time without our approval. For each Product selected by you, you will display on Your Site ONLY the text, graphics, images, logos and other elements designated by us to be used in promoting Products ("Promotional Materials"). For example, if you promote subscriptions to our magazines, you may be required to display particular terms for the offer (e.g., the number of issues, the term, pricing) and/or materials to promote the magazine (e.g., cover images, excerpts of content). For each Product selected by you, you will provide a link directly from the promotion on Your Site to the product description page or the ordering page of Our Sites using the URL(s) designated by us.

You will be responsible for the maintenance and placement of Promotional Materials on Your Site. You may not alter, modify or change in any way Promotional Materials without our prior written approval, and you will be responsible for any inaccuracies or other changes when posting Promotional Materials on Your Site. We may modify Promotional Materials at any time in our sole discretion, and you will make any such modifications promptly upon our request. You agree to immediately delete or remove Promotional Materials, along with any copies, from Your Site (or any other media under your control) upon our request or upon termination of this Agreement.

You will be responsible for setting up the links connecting Your Site to the ordering page of Our Sites at the URL(s) designated by us, and for ensuring that the links are in good and working order.

Referral Fees for Qualifying Orders
We will pay you referral fees ("Referral Fees") on the sale of Products to consumers if (a) the consumer follows a link from Your Site to the ordering page of Our Sites at the URL designated by us, (b) you correctly use Promotional Materials as designated by us, (c) the consumer purchases Products using the ordering system on Our Sites, (d) the consumer accepts delivery of the Product at the shipping destination , and (e) the consumer remits full payment for Our Products to us ("Qualifying Orders"). If a Qualifying Order that generates a Referral Fee is returned by the consumer, we will cancel that Referral Fee and deduct the equivalent amount from your next quarterly payment.

Amount of Referral Fees
We will pay you Referral Fees on Qualifying Orders equal to 10% of the Primary Product price (less any promotional discounts and shipping and handling and sales tax).  Primary Product is the main product being purchased not including any Upsells.  Upsells are products or services offered to the consumer when purchasing the Primary Product.  All amounts specified in this Agreement are in United States dollars.

Payment of Referral Fees
We will pay you the Referral Fees on a monthly basis. Approximately thirty (30) days following the end of each month. We will send you a check for the Referral Fees earned by you on Qualifying Orders made during the previous month (less any taxes that we are required by law to withhold). However, we reserve the right to withhold any monthly payment that in the aggregate amounts to less than the payment threshold set forth below ("Payment Threshold"), and to continue withholding any quarterly payments until the aggregate amount reaches the applicable Payment Threshold or this Agreement terminates (whichever is earlier).

The Payment Threshold is as follows:
· $25.00 per month

We will be responsible for tracking Qualifying Orders made through links from Your Site to Our Sites. We will use commercially reasonable efforts to make available to you reports summarizing this sales activity. The method of delivery, form, content and frequency of these reports may vary from time to time at our discretion. We will give you online access to these reports by designating a URL and assigning you a password. Our records will be the determinative evidence of the Qualifying Orders that entitle you to the Referral Fees. These reports will be updated weekly.

Order Processing

All orders for Products are forwarded to third party Product Marketers who are responsible for processing and fulfilling all orders for Products placed by customers who follow links from Your Site to Our Sites as described in this Agreement (including without limitation, preparing order forms, processing payments, shipping Products, cancellations and returns, and handling customer service). Both we and the Product Marketers reserve the right to reject orders that do not comply with any requirements that may be established from time to time.

Policies, Procedures and Pricing of Our Products
Consumers who buy Products through this Program (regardless of whether the purchase is made through a link on Your Site to Our Sites or directly through Our Sites) will be deemed to be our and our Product Marketers’ customers. Accordingly, both our and our Product Marketers’ rules, policies and operating procedures concerning customer orders, customer service, and products sales will apply to these customers. Rules, policies and operating procedures may be changed at any time. For example, we retain sole discretion over the selection of Products that are to be sold as part of this Program and may modify this selection at any time at our sole discretion. As another example, prices are set by Product Marketers who retain sole discretion over the prices to be charged for Products that are to be sold as part of this Program in accordance with their own pricing policies and may modify the pricing at any time at their sole discretion. You may not offer any discounts, rebates or premiums that would change the prices of Products as designated by us. The prices and availability of Products may vary from time to time, and we do not guarantee the prices or availability of any of Products.

Public Statements
You agree that we may identify you or Your Site as an Affiliate of the Program as long as you participate in the Program. We may make this identification orally, in writing or electronically, including without limitation, in press releases, public announcements and promotional materials publicizing, advertising or promoting the Program.

You may not issue any press release or public announcement, distribute any marketing or promotional materials or otherwise make any public communications regarding this Agreement or your participation in the Program without our prior written consent or except as expressly permitted in Section 9 of this Agreement.

Limited License
We grant you a limited, nonexclusive, nontransferable, revocable right during the term of this Agreement to use Promotional Materials described above solely for purposes of establishing links between Your Site and Our Sites in accordance with this Agreement, and any other proprietary materials for which we grant you express permission in writing solely for purposes of your participation in the Program in accordance with the terms of such writing (collectively, "Proprietary Materials"). You may not alter, modify or change any of Proprietary Materials in any way. We reserve all of rights (including without limitation, copyright, trademark, patent or other intellectual property rights) in all of Proprietary Materials. We may revoke your license at any time by giving you written notice.

Responsibility for Your Site
You will be solely responsible for the development, operation and maintenance of Your Site and all materials that appear on Your Site (including without limitation, the technical operation of Your Site and all related equipment used to operate Your Site; creating, posting and maintaining the links from Your Site to Our Sites; the accuracy and appropriateness of materials posted on Your Site (e.g., Promotional Materials); ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party (e.g., copyrights, trademarks, patents, privacy, publicity or other personal or proprietary rights); ensuring that materials posted on Your Site are not libelous or otherwise illegal).

We specifically disclaim all liability concerning Your Site and all materials that appear on Your Site. You will indemnify and hold us (and our affiliates, subsidiaries and parent company, and their directors, officers and employees) harmless from any and all claims, liabilities, damages, costs and expenses (including without limitation, attorneys' fees) relating to the development, operation, maintenance, use, and materials of Your Site.

Term and Termination of the Agreement

The term of this Agreement will begin upon our acceptance of your application to become an Affiliate of the Program and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, for any reason, by giving the other party written notice of termination.

Upon termination of this Agreement for any reason, you will immediately cease any use of, and remove from Your Site, all links to Our Sites and any of Proprietary Materials appearing on Your Site, and you will immediately destroy or return any of Proprietary Materials within your possession or control.

You are only eligible to earn Referral Fees on Qualifying Orders that occur during the term of this Agreement, and Referral Fees earned through the effective date of termination will remain payable only if the applicable Qualifying Orders are neither canceled nor returned. We may withhold your final payment for a reasonable time to ensure that the Referral Fees we pay to you exclude any canceled or returned Qualifying Orders.

Modifications to this Agreement

We may modify any of the terms and conditions of this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on Our Sites or by sending you a written notice by email or other delivery. Modifications may include (but are not limited to) changes in the scope of available Referral Fees, the amount of the Referral Fees, the payment procedures, and rules of the Programs.

If any modification to this Agreement 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 or our written notice to you will constitute your binding acceptance of the change.

Relationship of the 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 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.

DISCLAIMERS
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM, ANY OF OUR PRODUCTS, OR ANY OF OUR SITES (INCLUDING WITHOUT LIMITATION, ANY 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 OR WARRANTY THAT THE OPERATION OF OUR SITES OR ORDERING PAGES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

LIMITATION OF LIABILITY
WE WILL NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR ANY LOSS OF PROFITS, REVENUE, DATA OR SERVICES, ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, OUR PRODUCTS OR OUR SITES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT, THE PROGRAM, OUR PRODUCTS OR OUR SITES WILL IN NO EVENT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

Governing Law and Jurisdiction
This Agreement will be governed by the laws of 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 Tallahassee, CA, and you irrevocably consent to the jurisdiction of such courts.

Assignment
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent, and any attempted assignment in violation of this Agreement shall be null and void. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.

Waiver
Our failure to enforce 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.

Entire Agreement
This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous written or oral agreements or representations between the parties. This Agreement may only be modified by a written instrument signed by both parties.

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