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Sceneramic Photography Affiliate Agreement: Effective: July/13/2003 This
Agreement ("the Agreement") is made between Sceneramic Photography registered
with the State of Utah, and you, our Affiliate. Note - Affiliate programs for
which Sceneramic Photography is a member of are excluded from this program. Affiliate Program Table of Contents: Sceneramic Photography has a zero tolerance policy regarding
spamming and will terminate your affiliate relationship if it is deemed you
engaged in any form of spamming. Spamming is defined as: "An unsolicited often
commercial message transmitted through the Internet as a mass mailing to a large
number of recipients or to post a message many times to a newsgroup, an
inappropriate message to multiple newsgroups, or to send an unsolicited message,
often an advertisement, to many people." You agree to keep the terms and conditions outlined in this
agreement. By signing up for our Affiliate program you indicate your acceptance
of this Agreement. If you do not accept this agreement, you are not authorized
to be a Affiliate, and may not use our links, graphics, and utilities on your
website. Sceneramic Photography enters into a
relationship with you as a Affiliate, to reward you with a commission each time
someone makes a purchase of a product on the Sceneramic Photography site as a
result of clicking on a Link on your website, according to the provisions in
this Agreement. You and Sceneramic Photography 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. A hyperlink to the Sceneramic Photography website that you create
using your unique Affiliate ID. If the HTML code you create is not added
correctly, we take no responsibility for you receiving credit for any sale. When someone clicks on a LINK on your site, a cookie will be set in
his or her browser with your Affiliate ID which is logged and tracked. During
that visit to our website, when a purchase is made, the commission will be given
based on the existence of the cookie. You agree not to challenge or dispute the
sales tracking performed by the affiliate management software we select to
administer this program. Our Affiliate Program pays the Affiliate only when a sale
results from a visitor who is sent to Sceneramic Photography by a Link on the
Affiliate's website. The payment per sale is based on 15% of the sales amount (not
including any taxes or shipping). If the purchaser makes a duplicate entry, later returns a
product, enters through a non-qualified link, makes an unauthorized payment, or
does not make full payment to Sceneramic Photography, payment made to the
Affiliate for that purchase shall be rescinded. Payments will be made via PayPal in US funds at the end of any
month that your accumulated commission total matches or exceeds $50.00. United
States Affiliates (individual / resident / corporation / business) must provide
Sceneramic Photography with a completed W-9 Federal Tax form before Sceneramic
Photography will issue a check to the Affiliate. Sceneramic Photography agrees
to issue a 1099 to Affiliates only if their calendar year payments exceed the
maximum payout allowed without a 1099 under Federal tax. Sceneramic Photography reserves the right to change,
modify, add, or remove portions of this Agreement at any time, and may add to,
change, suspend or discontinue any aspect of its Affiliate Program at any time.
In such case Sceneramic Photography will notify Affiliates of such changes
either via e-mail at which time you may either agree to such changes or withdraw
from the Affiliate Program. To sign up as an Affiliate you must be at least 18 (eighteen)
years of age. SCENERAMIC PHOTOGRAPHY RESERVES THE RIGHT TO DEEM ANY SITE
INAPPROPRIATE AND TERMINATE THE SITE AS AN AFFILIATE. THE FOLLOWING TYPES OF
SITES ARE NOT ALLOWED TO PARTICIPATE AS AFFILIATES: ADULT SITES, SITES THAT
DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED, OR SITES
THAT PROMOTE ILLEGAL ACTIVITY. SCENERAMIC PHOTOGRAPHY DOES NOT WARRANT THAT THE
AFFILIATE PROGRAM WILL MEET THE AFFILIATE'S REQUIREMENTS OR THAT THE OPERATION
OF THE SCENERAMIC PHOTOGRAPHY WEBSITE AND ORDERING SYSTEM OR AFFILIATE TRACKING
SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL SCENERAMIC
PHOTOGRAPHY BE LIABLE TO THE AFFILIATE OR ANY THIRD PARTY FOR ANY DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, CONSEQUENTIAL OR
SPECIAL DAMAGES ARISING OUT OF THE OPERATION OF OR INABILITY TO OPERATE THE
WEBSITE, ORDERING SYSTEM, OR AFFILIATE TRACKING SYSTEM, EVEN IF SCENERAMIC
PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If any provision of this agreement shall be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable from
this agreement and shall not affect the validity and enforceability of any
remaining provisions. The affiliation applies only to Sceneramic
Photography. It does not apply to Sceneramic Services or any affiliate program
for which Sceneramic Photography is a participant of. To imply otherwise is
grounds for immediate termination of this agreement. Sceneramic Photography
grants a non-exclusive, limited, revocable right to the Affiliate to use
Sceneramic Photography’s trademarks and banners. All images, programs, HTML
code, and content provided by Sceneramic Photography shall remain the sole
property of Sceneramic Photography, and no part shall be deemed assigned or
licensed to the Affiliate except as explicitly provided for in this document.
All intellectual property rights, including trademarks, copyrights, trade names,
and service marks shall remain the sole property of Sceneramic Photography,
including rights in and to any derivatives of them. The Affiliate may not modify
trademarks, banners, the content, or any of Sceneramic Photography provided
images in any way. This agreement shall remain in effect until
terminated. The Agreement may be terminated by Sceneramic Photography or the
Affiliate for any reason upon thirty (30) days prior e-mail or written notice,
or immediately upon notice of any breach of the provisions of this Agreement.
Upon termination you may no longer use Sceneramic Photography’s banners, images,
content, trademarks, etc. on your site, or provide hyperlinks to the Sceneramic
Photography site. Sceneramic Photography may assign this Agreement to any
successor. Neither Sceneramic Photography nor the Affiliate shall be
liable under this Agreement by reason of any failure or delay in performance of
its obligations in this Agreement on account of strikes, shortages, riots,
insurrection, fires, flood, storm, explosions, acts of God, war, governmental
action, labor conditions, earthquakes, or any other cause which is beyond the
reasonable control of Sceneramic Photography or the Affiliate. Regardless of the place of executing this agreement, the
Affiliate agrees that for purposes of venue, this contract was entered into in
Davis County, Utah, USA, and any dispute will be litigated or arbitrated in
Davis County, Utah or a nearby county. This Agreement shall be governed by Utah
Law. 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 NOT SET FORTH IN THIS AGREEMENT. This Agreement constitutes the sole agreement between Sceneramic Photography and the Affiliate regarding the Affiliate Program.
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