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GIFT CERTIFICATES
AFFILIATE PROGRAM
PRINTFINDERS AFFILIATE PROGRAM AGREEMENT
If you have any questions about the Printfinders Affiliate Program Agreement, please do not hesitate to contact us at affiliates@printfinders.com
PRINTFINDERS AFFILIATE PROGRAM AGREEMENT


PRINTFINDERS AFFILIATE PROGRAM AGREEMENT

This Agreement contains the complete terms and conditions that apply to an individual or entity's participation in the Printfinders.com Affiliates Program (the "Program"). As accepted in this Agreement,  "we" means Printfinders.com, Inc., and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Printfinders.com's site or to the site that you will link to our site.

1.Enrollment in the Program

In enrolling in the Program you must first submit a complete Program application via our site. Upon receiving this, we will evaluate your application and will notify you of your acceptance. If your site is not yet functioning ("live"), we will reevaluate it periodically. Upon acceptance of your enrollment, we reserve the right to cancel your application at our discretion if we feel your site is unsuitable (as described in section 10) for the Program.

If we reject your application, you are encouraged to reapply to the Program at any time after your site has been modified.

2.Links on Your Site

The following methods may be used to link your site to Printfinders.com:

· General Link: You may provide a general link on your site to our home page, which will be provided by Printfinders.com.
· Search Box: Site visitors may navigate directly to a page on the Printfinders.com site that contains the results of their search queries.
· Direct Links: You are able to select one or more products to list on your site. For each selected product, you are encouraged to display a short description or other text. The content, style, and placement of these references are your sole responsibility. This link will match the product reference on your site to the corresponding Printfinders.com online catalog entry. Individual product links will be used at your discretion.
· Customized Banner: Any banner created by your site for the purpose of linking to Printfinders.com must be approved by Printfinders.com and used at our discretion.

3.Order Processing

We will process product orders placed by customers who follow special links from your site to the Printfinders.com 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, and process payments, cancellations, and returns.  In addition to this, we will handle customer service. We will track sales made to customers who purchase products using special links from your site to ours, and will send you reports summarizing this sales activity. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted; proper coding on the affiliate's site is the responsibility solely of the affiliate.

4.Referral Fees

We will pay you referral fees on all product sales. For a product sale to generate a referral fee, the customer must first follow a special link (specified by Printfinders.com) from your site to the Printfinders.com site.  After going through this link, the customer must purchase a product(s), accept delivery, and make the full payment to us.  After a visitor accesses our site through yours, a "cookie" will be set which will identify that user when they access the Printfinders.com site regardless of whether they came back through your site or not.  The cookie will persist for 90 days with your affiliate ID number, unless a) another site overwrites the cookie with its own affiliate ID number, b) a purchase is completed or c) the cookie somehow expires or is erased due to changes made on the user's computer. Unless otherwise noted, the sale of any listed Printfinders product is entitled to earn referral fees - these products are referred to as "Qualifying Products."  Qualifying Products include posters, prints, puzzles, and CD-ROM's. Products from the Corbis Collection are not considered Qualifying Products.


5.Fee Schedule

You will earn referral fees based on the sale price of Qualifying Products based on the fee schedules set forth by Printfinders.com. "@Printfinders" represents the sale price of Qualifying Products listed in our catalog which excludes the costs for shipping, handling, and taxes.

The current (as of 1st June 2004) fee schedule is:

· $0 - $500 26% of the sale price 
· $501 - $5000 30% of the sale price
· $5001 - and up 35% of the sale price
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Commission is for sales of each Qualifying Product added to the customer's order whether it is purchased from a General Link, Image Link, Search Box, or Customized Banner.

6.Fee Payment

Referral fees will be paid on a monthly basis. If the fees payable to you for any calendar month are less than $50.00, we will hold those fees until the total amount due is at least $50.00 or until this Agreement is terminated. Payments will be issued every month based on your account balance at the end of each month. Commissions on customer orders are credited to your statement on the order ship date. If the customer returns a product, which has generated a referral fee, we will deduct the fee from your next payment. If you are owed less than the amount being deducted and the agreement is ended, we will send you a bill for the fee.


7.Policies and Pricing

Customers purchasing products through this Program will be deemed customers of Printfinders.com exclusively. All Printfinders.com rules, policies, and operating procedures regarding customer orders, customer service, and product sales will apply to these customers. Printfinders.com reserves the right to change its policies and operating procedures at any time, without prior notification to your site. We will determine the prices to be charged for products sold under this Program according to our own pricing policies. Since product price and availability may change from time to time, you may not include price information in your product descriptions.

8.Identifying yourself as an Affiliate

We will provide your site with a graphic image that identifies your site as a Program participant. You must either display this logo or the phrase "In affiliation with Printfinders.com." on your site.

9.Limited License

We grant you a nonexclusive, revocable right to use the graphic and message described in Section 8 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 icon, the message, or any of our images in any way without Printfinders.com consent. We reserve all rights to the graphics, messages, our trade names and trademarks, and all other intellectual property.

10.Responsibilities of Your Site

You are responsible for:

· creating and posting product descriptions on your site and linking those descriptions to our catalog.  Printfinders.com will provide these links.
· ensuring the accuracy and appropriateness of materials posted on your site in association to Printfinders.com.
· ensuring that materials posted on your site do not violate or infringe upon the rights of any third party such copyrights, trademarks, privacy, or other personal or proprietary rights.
· ensuring that materials posted on your site are not libelous or otherwise illegal.

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.

You must ensure that your site will not:

· Promote violence
· Promote pornographic materials
· Promote discrimination based on race, sex, religion, nationality, disability, sexual  orientation, or age
· Violate intellectual and artistic property right
· Promote illegal activities

11.Terms of the Agreements

The terms of this Agreement will begin upon our acceptance of your application and will end upon being terminated by either party. Either party, with or without cause, may terminate this Agreement by giving the other party written notice of termination. This agreement will terminate five (5) days after written notice by either party.

12.Modification

Printfinders.com reserves the right to modify any of the terms or conditions contained in this Agreement, at any time, by posting a change notice or a new agreement on our site. Modifications may be 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.

13.Relationship of Parties

This Agreement does not create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between your site and Printfinders.com. You have no authority to make or accept any offers or representations on our behalf. You are unable to make any claims that reasonably would contradict anything in this Section.

14.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 this Agreement.

15.Disclaimers

Printfinders.com makes no warranties 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). Printfinders.com makes no guarantee that the operation of our site will be uninterrupted or error-free.  In such an instance we will not be liable for the consequences of any interruptions or errors.

16.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.

17.Miscellaneous

This Agreement will be governed by the laws of the United States and the state of Massachusetts. Any action relating to this Agreement must be brought forth in the federal or state courts located in Sharon, Massachusetts 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 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. In the event that any provision of this Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (i) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect.  This Agreement has been negotiated by the parties and their respective counsel and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party. The section headings used in this Agreement are intended for convenience only and shall not be deemed to affect in any manner the meaning or intent of this Agreement or any provision hereof.
If you agree with the above terms of the Operating Agreement,
click on the button below to move on to the application form.