SGBPHOTOGRAPHY.COM AFFILIATE AGREEMENT
This Agreement contains the complete terms and conditions that apply to an
individual's or entity's participation in the SGBPhotography.com affiliates
program (the "program"). As used in this Agreement, "we" means Stephen Beck, DBA
SGBPhotography.com, (SGBPhotography.com) and "you" means the applicant.
"website" means a World Wide website and, depending on the context, refers
either to SGBPhotography.com website located at the URL www.SGBPhotography.com or to
the website that you will maintain and link to our website.
By accepting this Agreement and participating in the program, you acknowledge
that you are age 18 or above and can form legally binding contracts under
1. Enrollment In The Program
To get started, complete the program application on our website
(http://affiliate.sgbphotography.com). We will take a look at your
application and will notify you of your acceptance or rejection. We may reject
your application if we determine (at our sole discretion) that your website is
unsuitable for the program.
Unsuitable sites include those that:
If we determine, in our sole discretion, that you have engaged in any of
the foregoing activities, we may (without limiting any other rights or remedies
available to us) withhold any referral fees otherwise payable to you under this
Agreement and/or terminate this Agreement.
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
website is thereafter determined (at our sole discretion) to be unsuitable for
the program, we may terminate this Agreement.
2. Links on your website
Once you have been notified that your website has been accepted into the
program, you may provide on your website one or more of the following types of
links to our website:
We'll work with you to get what you need to generate sales.
3. Order Processing
We will be responsible for all aspects of order processing, fulfillment and
customer service. We will track sales made to customers who purchase products
using links from your website to our website and will make available to you
reports summarizing this sales activity. The form, content, and frequency of the
reports may vary from time to time at our discretion.
4. Commission Fees
We will pay you commission fees on sales to third parties. For a sale to be
eligible to earn a commission fee, the customer must follow a link from your
website to our website, select and purchase the product using our ordering
system, accept delivery of the product at the shipping destination, and remit
full payment to us. Whether the visitor makes a purchase immediately or not, if
they come back within 90 days and make a purchase, we still credit you with the
You will earn commissions based on qualifying revenues according to
commission fee schedules to be established by us. "Qualifying Revenues" are
revenues derived by us from our sales of qualifying products including all
products available online. "Qualifying Revenues" do not include shipping and
handling, gift-wrapping, taxes, and service charges. You will not receive a
commission on purchases that you make.
SGBPhotography.com pays a monthly commission of 20%.
We will pay you commission fees on a monthly basis. At the end of each month
we will add all of your sales together for that month and arrive at your
commission percentage for the month. A commission payment will be sent via PayPal to you
within 30 days of the end of each commission period (each month).
If a product that generated a commission fee is returned by the customer, we
will deduct the corresponding commission fee from your next monthly payment. If
there is no subsequent payment, we will send you a bill for the commission fee.
6. Policies and Pricing
Customers who buy products through this program will be deemed to be
customers of SGBPhotography.com. Accordingly, all of SGBPhotography.com's rules,
policies, and operating procedures concerning customer orders, customer service,
and product sales will apply to those customers. We may change our policies and
operating procedures at any time. Because price changes may affect products that
you already have listed on your website, you may not include price information
in your product descriptions. We will use commercially reasonable efforts to
present accurate information, but we cannot guarantee the availability or price
of any particular product.
7. Identifying yourself as an Affiliate
We encourage (but do not require) you to include a special link on your
website to the SGBPhotography.com home page.
You may not make any press release with respect to this Agreement or your
participation in the program without our prior written consent, which may be
given or withheld in our sole discretion. In addition, you may not in any manner
misrepresent or embellish the relationship between us and you, or express or
imply any relationship or affiliation between us and you or any other person or
entity except as expressly permitted by this Agreement (including by expressing
or implying that SGBPhotography.com supports, sponsors, endorses or contributes
money to any charity or other cause).
8. Limited License
We grant you a nonexclusive, revocable right to use the graphic image and
text described above and such other images for which we grant express
permission, solely for the purpose of identifying your website as a program
participant and to assist in generating product sales. You may not modify 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 logos, and all other
intellectual property rights. We may revoke your license at any time by giving
you written notice.
In addition, we grant you a nonexclusive, worldwide right to reproduce and
use all graphic images and other materials provided to you, solely for the
purpose of creating links connecting your website to the SGBPhotography.com
website and promoting products for sale. These product images must be served by
SGBPhotography.com's website and cannot be used in any form other than the form
provided by SGBPhotography.com.
9. Responsibility of your Website
You will be solely responsible for the development, operation, and
maintenance of your website and for all materials that appear on your website,
10. Term of the Agreement
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 website, all
links to our website, product images from our database, and all SGBPhotography.com logos,
trade dress and images, 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 fees on our sales of products occurring
during the term, and commission fees 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 in our sole discretion, by posting a change notice or a new
agreement on our website. Modifications may include, for example, changes in the
scope of available commission fees, commission fee schedules, payment
procedures, and program rules. In the event of substantive changes to the terms
of this agreement, you will be contacted by Email. 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 website will constitute binding acceptance of the
12. 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 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 website or otherwise, that reasonably would
contradict anything in this Section.
13. 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 commission fees paid or payable to you under
You hereby agree to indemnify and hold harmless SGBPhotography.com and its
subsidiaries and affiliates, and their directors, officers, employees, agents,
shareholders, partners, members, and other owners, against any and all claims,
actions, demands, liabilities, losses, damages, judgments, settlements, costs,
and expenses (including reasonable attorneys' fees) (any or all of the foregoing
hereinafter referred to as "Losses") insofar as such Losses (or actions in
respect thereof) arise out of or are based on (a) any claim that our use of the
affiliates Logos infringes on any logo, trade name, service mark, copyright,
license, intellectual property, or other proprietary right of any third party,
(b) any misrepresentation of a representation or warranty or breach of a
covenant and agreement made by you herein, or (c) any claim related to your
website, including, without limitation, content therein not attributable to us.
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 website
will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
15. 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 WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE.
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.
The validity, enforceability and interpretation of any of the clauses of this
Contract shall be determined and governed by the laws of the State of Oregon.
Any and all legal challenges and disputes and litigations will be conducted
within the venue of the State of Oregon.
SGBPhotography.com reserves the right at its sole discretion to modify the
foregoing rules at any time. SGBPhotography.com reserves the right to take
action against any person or entity that does not conform to these rules.