This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate
of AfricanMoviesDirect.com. As used in this Agreement, "we" or "us" means AfricanMoviesDirect.com, "you" or
"your" or "our" means the applicant.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AfricanMoviesDirect.com. BY AGGREING TO THIS AFFILIATE AGREEMENT YOU
ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF
THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.
1. Order Processing
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site
to our site(s). We will process orders placed by customers who follow the Links from your site to ours. We will be
solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing,
shipping, cancellations, returns and related customer service. We will track the volume and amount of sales generated
by your site and will make reports, summarizing this sales activity, available to you through our site. The
form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate
tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are
properly formatted.
2. Qualifying Products
Curently all products on our website are qualifying products. AfricanMoviesDirect.com reserves the right to
add or delete products at any time at our sole discretion as market conditions change.
3. Tracking of Sales
The Participant will be solely responsible for ensuring that all links are formatted properly, a necessary
prerequisite to tracking such sales. Statements of product sales activity will be provided to the Participant
in real time with a special URL that they are assigned. You may add as many links, or remove such links, at
anytime and without prior approval from AfricanMoviesDirect.com.
4. Policies
AfricanMoviesDirect.com policy applies to all orders: Every customer who buys a product through this program
is deemed to be a customer of AfricanMoviesDirect.com. The Participant does not have the authority to make or
accept any offer on behalf of AfricanMoviesDirect.com. All AfricanMoviesDirect.com policies regarding customer
orders, including product availability, pricing and problem resolution, will apply to these customers.
AfricanMoviesDirect.com is not responsible for any representations made by the Participant that contradict
our policies.
5. Pricing and availability
Product prices and availability may vary from time to time. In case of any price discrepancies, the price charged
to the customer will always be the price listed on AfricanMoviesDirect.com linked from your sponsoring website.
We cannot guarantee the availability or price of any particular Product.
6. Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions and articles
(if applicable at your site) obey all applicable copyright, trademark, and other laws. We will not be responsible
if you use another party's copyrighted or trademarked material in violation of the law.
7. Term of the Agreements
The term of this Agreement will begin upon our acceptance of your Affiliate 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 notice of termination. Notice by e-mail, to your address on our records, is
considered sufficient notice to terminate this Agreement. If this Agreement is terminated because you have
violated the terms of this Agreement or if this Agreement is terminated for any other reason, you are only eligible
to earn a referral fee on sales occurring during the term of the Agreement, and referral fees earned through
the date of termination will remain payable only if the related orders are not canceled or returned.
We reserve the right to withhold your final payment for 15 days to ensure that the correct amount is paid.
8. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion.
9. Relationship of Parties
You and AfricanMoviesDirect.com 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.
10. Limitation of Liability
We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages,
including without limitation any damages resulting from loss of use, loss of business, loss of revenue,
loss of profits, or loss of data, arising in connection with this Agreement or AfricanMoviesDirect.com performance
of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility
of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the
total commissions paid or payable to you under this Agreement. The foregoing limitation of liability shall
apply regardless of the cause of action under which such damages are sought.
11. Disclaimers
We make no express or implied warranties or representations with respect to the Product or other items sold through
AfricanMoviesDirect.com (including, without limitation, warranties of fitness for a particular purpose,
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 site will be uninterrupted or
error-free, and we will not be liable for the consequences of any interruptions or errors.
12. Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you
and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms and
that the execution, delivery and performance by you of this Agreement are within your legal capacity and power have
been duly authorized by all requisite action on your part require the approval or consent of no other persons
and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment
or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document
or instrument applicable to you or binding upon you.
13. Indemnification
You hereby agree to indemnify, defend and hold harmless AfricanMoviesDirect.com, its shareholders, officers,
directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands,
losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred
or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out
of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks
infringes on the rights of any third party (ii) the breach of any representation or warranty made by you herein
or (iii) or any claim related to your site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AfricanMoviesDirect.com. YOU ARE STATING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE
TO BE BOUND BY THE TERMS HEREOF.
|