Touch of Europe Affiliate Program: Affiliate Agreement
Please read the agreement document below before registering.
This agreement contains the complete terms and conditions that apply to an individual s or entity s participation in the Touch of Europe Affiliate Program (the Program). As used in this Agreement, Touch of Europe, will be referred to as we and the applicant or publisher will be referenced as you . The term site applies to a World Wide Web site and, depending on the context, refers to either Touch of Europe.net, it's sister sites or any site that you will link to ours.
1) Term of the Agreement: The term of this Agreement will begin upon our acceptance of your Affiliate Application and will end when terminated by either party pursuant to this Agreement. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. In addition, Touch of Europe reserves the right to cancel the Program at any time and for any reason, without prior notice. Upon the termination of this Agreement or the Program for any reason, you will immediately cease use of, and remove from your site, all links to Touch of Europe.net and all Touch of Europe trademarks, trade dress, logos, and all other materials provided by or on behalf of us to you in connection with the Program. You are eligible to earn referral fees only on transactions that occur during the term of this Agreement, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. To ensure that you are paid the correct amount, we may withhold your final payment for a reasonable time.
2) Enrollment in the Program: To begin the enrollment process, you must submit a completed Affiliate Application. We will evaluate your application in good faith and will notify you of our acceptance or rejection of your application in a very timely fashion. Your application may be rejected if we determine, in our sole discretion, that your site is unsuitable for the Program.
Unsuitable sites include, without limitation, those that:
- promote violence
- promote illegal activities
- promote overtly sexually explicit content
- promote any type of discrimination or hate crime or racist activities
- violate any copyrights or intellectual property rights
- contain any parameter deemed inconsistent with the standards of behavior and decorum associated with our brand and website
- We reserve the right to terminate any affiliate partnership that falls into the above "unsuitable" standards AT OUR DISCRETION
3) Order Tracking and Processing: We will track and process all transactions made by customers who follow special links from your site to our site. Reports will be available via your Commission Junction account. To enable accurate tracking, reporting, and commission accrual, you must ensure that the special links between your site and our site are properly formatted. When customers come to Touch of Europe.net via your links, our web server sends a client-side text string (cookie) containing your unique affiliate code to their computers. The Commission Junction system then uses those strings to identify your site at the point of purchase or sale. We are responsible for all aspects of order processing and fulfillment. Along with providing customer service, we will handle all transaction logistics including payments, cancellations, and shipping. We reserve the right to cancel orders that do not comply with any requirements we establish.
4) Qualifying Transactions: For a confirmed merchandise sale transaction to qualify for a commission, the customer must do the following: follow a link (in the format specified by us) from your site to www.Touch of Europe.net; purchase confirmed merchandise sales using our consumer-branded online marketplace (www.Touch of Europe.net); accept delivery of the confirmed merchandise sales at the shipping destination or ship the confirmed merchandise sales in accordance with our policies; and remit full payment to us in the case of a purchase. Confirmed merchandise sale transactions that are canceled, refunded or the subject of a credit card charge back will not qualify for commissions. Commissions are attributed to an affiliate when the affiliate is responsible for the customers last click before purchase, as measured by Commission Junctions standard tracking methods. We will reverse all sales that are not confirmed (i.e., accepted at delivery and paid for) at the end of the 30 day period after the click by a user on a link to Touch of Europes site. We reserve the right to reject transactions that do not comply with these or other requirements that we periodically establish. Your site will be credited for every qualifying transaction, including repeat purchases or sales that occur within 60 days of referral from your site.
5) Commissions: You will earn commissions when a user clicks on your link and performs a Qualifying Transaction. You will earn commissions for confirmed merchandise sales that you or someone in your household buys on Touch of Europe.net, provided that they are genuine confirmed and paid for sales that are not returned, charged back or otherwise voided. Touch of Europe will pay commissions within 30 and up to 90 days of the completion of the month in accordance with Commission Junction Terms and Conditions. Normally payments arrive between the 15th and 20th days of each month. Commission Junction will handle payments and payments will be performed in accordance with the Commission Junction Terms and Conditions.
6) Brand Integrity, Paid Search, Restricted Activities, and Use of the API:
Brand Integrity: As a leading confirmed merchandise sale site of unique and imported merchandise, Touch of Europes brand identity is extremely valuable and protected. Affiliate partners may not modify our logo, banners, graphics or represent themselves as Touch of Europe in any way, such as by citing themselves as an "Official Site" in search engine listings or by posting duplicate content from the Touch of Europe.net site. Partners may not use our trademarks, copyright items or terms confusingly similar to our trademarks, as URLs, PPC keyterms, trademarks and/or trade names. Partners also should not use any of the content or images shown on Touch of Europe.net, except for those contents that are expressly approved for use in this agreement.
Promotional Methods:
Your promotional methods should comply with the law, Commission Junctions Terms and Conditions and the terms of this Agreement. You will only place links on sites you own or on sites you manage with the full and express permission of the site owner. The onus is upon you to ensure that you comply with this.
Special Promotional Methods are methods used for promoting, other than a link or banner on your own website. Examples of such Special Promotional Methods: links in paid search results, incentive programs including vouchers, coupons. You are required to obtain Touch of Europes express written permission in advance to use such Special Promotional Methods other than what we offer as standard on Commission Junction, and you are required to comply with the terms set out in this Agreement. Affiliates are permitted to offer their users cash or other incentives for accessing Touch of Europe web sites through links placed on affiliate web sites or emails, but you as the affilliate are entirely responsible for compensating your users and complying with all terms in this agreement. In any event, you will not place links or promotional content on Craigslist, but you may place links on Craigslist to send traffic to your site that is then directed to Touch of Europe, provided Touch of Europe is not mentioned on Craigslist. If you received Touch of Europes permission to use a special promotion on a message board or community site to generate traffic, you must always comply with that sites policies as well as this agreement.
In addition, affiliates are required to abide by all terms and conditions associated with Touch of Europe coupon codes and discounts. Accordingly, affiliates may not post such codes or distribute them in any other manner as all such codes are non-transferable and intended only for use specified and intended.
Affiliates shall not contact Touch of Europe.net customers directly and shall forward any customer calls to Touch of Europe.
API: While affiliates may use our API to allow users to search our event database on their own site, the final point-of-purchase must always occur on Touch of Europe.net. When using our API, you will abide by the terms and conditions governing the use of the API.
Spyware:
We will refuse all applications or signups from affiliates which we believe participate in spyware, adware or parasiteware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions.
Paid Search:
If you receive our permission to include links in paid search results, you will in any event comply with the following rules:
Correct representation of Touch of Europe.net's brand.
If you are linking directly to Touch of Europe.net's site, you must place Touch of Europe.net URL as the visible URL in your ad.
You may not use Touch of Europe within your creative, and cannot state that you are Official or copy any creative in Touch of Europes own paid listings.
You shall not purchase or register search engine keywords, AdWords, search terms or other identifying terms that include the words Touch of Europe or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits you from bidding on:
Touch of Europe.net's trademark, Touch of Europe , Touch of Europe.net and any keyword string that includes this term. For example, Touch of Europe confirmed merchandise sales , Touch of Europe coupons , Touch of Europe and coupons , Touchofeurope , etc.
Variations of Touch of Europe.net's trademark: for example TOE , touchofeurope , www.Touch of Europe.net , touch-of-europe, touch of europe , www.TouchofEurope , touchofeurope,net, touch.of.europe, wwwTouch of Europe.net , Touch of Europenet , etc.
You are not permitted to bid on any form of competitors trademarks or misspellings of competitors trademarks on Touch of Europe's behalf, or any terms that are trademarks or brands for items or events that are not available or catalogued on the Touch of Europe website.
You may not bid on any keyword that Touch of Europe requests you to cease bidding on and you will not bid on this term in the future.
Sanctions.
If Touch of Europe.net determines, in its sole discretion, that you have purchased or attempted to purchase "Touch of Europe" or have failed to obtain prior permission to use a Special Promotional Method, or failed to comply with any of the Guidelines above, then Touch of Europe.net may (without limiting any other remedies available to it) pursue any or all of the following actions:
Withhold, or cancel any and all compensation otherwise payable to you under this agreement;
Remove you or suspend you from the Touch of Europe.net affiliate Program immediately and/or permanently. Commissions will not be accrued during suspension.
7) Policies and Pricing: Customers who buy or sell confirmed merchandise sales through this Program will be deemed to be customers of Touch of Europe.net. Accordingly, all Touch of Europe.net rules, terms, policies, and operating procedures concerning customer orders, customer service, and product sales will apply. We may change our policies and operating procedures at any time and without notice.
8) Limited License: We grant you a nonexclusive, revocable right to use graphic images and text we provide to you and other text or images for which we grant express permission, solely for the purpose of identifying your site as an Affiliate Program participant and to assist in generating confirmed merchandise sale transactions. You may not modify any of these graphic images or text in any way. We reserve all intellectual property rights of Touch of Europe.net, including text, graphic images or any other images, trade names, trademarks, and copyrights. You agree to follow our trademark/copyright guidelines and are aware that these may change. In the event of a change, you must make relevant changes to your site to conform to the changed guidelines within 15 days. We may revoke your license at any time, with or without cause, by giving you written notice. Upon receiving a revocation notice from Touch of Europe, you have 7 days to cease all use of material licensed to you by Touch of Europe.
9) Responsibility for Your Site: You are solely responsible for the development, content, operation, and maintenance of your site. This responsibility includes:
- functionality of Touch of Europe links
- maintaining current Touch of Europe creative elements in connection with such links
- the technical operation of your site and all related equipment
- the accuracy and appropriateness of site content (including confirmed merchandise sale-related information)
- the assurance that site content does not violate or infringe upon the rights of any third party
(including copyrights, trademarks, privacy, or other personal and proprietary rights)
- assurance that site content is neither libelous or otherwise illegal or in violation of our policies on unacceptable site content
10) Modification: We may modify any of the terms or conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site and/or Commission Junction and where possible, sending you an email to the email address you registered for notices. Modifications may include, for example, changes in the scope of available referral fees, referral 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 WILL CONSITUTE BINDING ACCEPTANCE OF THE CHANGE.
11) Relationship of Parties: You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representatives, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You may not make any statement, whether on your site or otherwise, that would reasonably contradict anything in this section.
12) 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 any claim arising out of this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement during the six (6) months preceding such claim.
13) Disclaimers: We name no express or implied warranties or representations with respect to the Program or any confirmed merchandise sales 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 site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
14) 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.
15) Arbitration: Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Atlanta, Georgia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Atlanta (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration or otherwise.
16) Miscellaneous: This Agreement will be governed by the laws of the United States and the state of Atlanta, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. We may assign this agreement at any time and without notice to our successor-in-interest following a merger, acquisition or similar corporate transaction. 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.
