The Asturshop.com Affiliate Program
OPERATING AGREEMENT
Introduction.
This document includes the terms and the conditions for the
participation of any person or society in the Asturshop.com Affiliate Program.
Throughout this document, the Asturshop.com Affiliate Program will also be
referred to merely as the "Program". Likewise, Asturshop.com (at
) will appear as "Asturshop", and the person
or entity requesting that his, her or its internet site enter the Asturshop.com
Affiliate Program, will henceforth be referred to as the "Affiliate".
Subscribing this text implies total acceptance of all the
terms and conditions stated in the Operating Agreement for the Asturshop.com
Affiliate Program, as well as Asturshop’s software and control systems.
1. Basis of the Program.
The object of the Asturshop.com Affiliate Program is
to establish a relationship between Asturshop and the Affiliate, with the
purpose of bringing new customers, by means of a link on the Affiliate site, to
Asturshop.com., in exchange for a referral fee or commission on the items
purchased by visitors coming from the Affiliate site.
Each time a visitor coming from the Affiliate site buys at
Asturshop.com, an income is generated for the Affiliate, by way of a 5%
sales commission on the price of the article or articles purchased.
This 5% referral fee will not include any concept (such as shipping costs,
etc.) other than that of the price of the item sold.
2. Enrolment.
The enrolment process commences upon subscribing this
Operating Agreement, which implies full acceptance of the terms and conditions
contained in it. The Affiliate’s adherence to the Agreement will come into
effect as soon as the applicant sends his or her filled out Registration form
to Asturshop.com.
3. Admission.
Asturshop engages to evaluate all applications with
objectivity, in order to determine the suitability of the applicants to the
Program, reserving the right to decline those applications which do not meet an
adequate standard of quality in the presentation or contents of their web site.
Likewise, Asturshop.com will decline applicants whose web site contains
materials susceptible of being considered injuring to the sensitivity of our
clients, as well as on the grounds of any other circumstance which we may
regard inconvenient.
Nevertheless, applications previously turned down are
welcome to apply to the Program again in the future. Asturshop.com also
reserves the right to revise the suitability of any of the Affiliates in the
Program, including the possibility of determining the expulsion of any
Affiliate.
4. Control Systems.
Asturshop will provide the Affiliate with an identification
code to identify visitors entering from the Affiliate’s site. This
identification code is to be inserted in the Affiliate’s link/s to
Asturshop.com, following the technical instructions provided by
Asturshop’s Technical Department.
5. Responsibility of Asturshop.
- Management of purchase orders, charges, shipping and client attention.
- Query and complaints service.
- Providing Affiliates with reports of sales coming from their sites (if
there are any).
- Informing Affiliates of the latest news of their interest.
6. Responsibility of the Affiliate.
Responsibility for the development, operation and
maintenance of the web site registered in the Program will be entirely of the
Affiliate. Likewise, the Affiliate will be solely responsible for the
presentation and contents of his or her web site; special attention is to be
paid to the following aspects:
- The insertion of the necessary link or links with the corresponding
Affiliate identification code, to allow the correct tracking of results coming
in from the Affiliate web site.
- The accuracy and adequacy of the contents of the Affiliate site, especially
concerning materials related to Asturshop.com’s articles and products.
- The correct use of the image and information of Asturshop.com, excluding
any possible use of these for purposes other than those stated in this
Agreement.
- The legality and updatedness of contents and copyrights of all materials,
codes, programs, licences, images or any such materials susceptible, of bearing
author’s rights.
7. Fees and Payment.
The fee or commission to be received by the Affiliate for
those sales to visitors coming from his or her web page, is of 5% of the
total price of the article or articles sold. This 5% fee applies only to the
price of the article or articles sold, thus excluding shipping or other costs.
Payment of fees will be fulfilled monthly by nominal check,
forwarded to the address specified by the Affiliate on his or her registration
form, prior to which the Affiliate is expected to address to Asturia Activa
(Asturshop) a bill for the total sum of the fees received (including VAT),
which will previously be notified by Asturia Activa (Asturshop) to the
Affiliate by e-mail. The address which the Affiliate is to post the bill to:
Asturia Activa (Asturshop)
Avda. de la Constitución, 25
33208 Xixón
Asturies
España
CIF:
Asturshop will post the checks for referral fees
--immediately upon reception of the Affiliate’s bill-- to the address
specified on the registration form on a monthly basis, provided that the total
sum of the Affiliate’s fees reaches or exceeds the amount of 30 Euro (i.e.
5,000 pesetas). If the total sum of fees is less than the specified amount, the
fees will be paid out to the Affiliate in the following month or successive, as
soon as the amount of 30 Euro (5,000 pesetas) is reached.
8. Strategy and Functioning.
Clients coming from associate webs will to all the effects
be considered clients of Asturshop concerning services, attention and
conditions. Asturshop is however entitled to vary its commercial strategy,
including price policies, conditions of shipment and general functioning. In
this respect, Asturshop will in any case pledge to secure the greatest possible
stability.
9. Validity of the Agreement.
Once Asturshop receives the Affiliate’s registration
form, including subscription of this Operating Agreement, Asturshop will
proceed to evaluate the adequacy of the applicant in order to determine the
convenience of his or her participation in the Program. The relationship
defined in this Agreement will commence once the applicant has been informed of
his or her admittance to the program.
Either party (Asturshop or the Affiliate) are entitled to
put an end to the participation of an Affiliate in the Program, by merely
informing the other party by e-mail, without having to point out any reason or
circumstance for this decision. In general, Asturshop will follow the same
criteria for determining the cessation of an Affiliate’s participation as
for evaluating candidates.
Once Affiliates have been informed of their cessation as
participants in the Program, they are to immediately remove any link from their
site to Asturshop, as well as any other element belonging or referring to
Asturshop, such as links, banners, logos, anagrams or any other similar graphic
materials.
Asturshop will then pay out any pending fees, excepting
those originated from fraudulent acts (unpaid orders, restitutions…). For
this reason, Asturshop may retain payment of referral fees for a reasonable
period in order to positively determine any possible fraud.
10. Relationship between Parties.
The relationship between Asturshop and the Affiliates is
strictly limited to the terms of this Agreement, the two parties will thus
continue to be independent and the subscribing this Agreement by no means
implies any form of partnership, association, franchise, sales representation
nor employment relationship between the two.
Asturshop will not accept any responsibility for any
possible prejudices deriving from the present Agreement, nor accept liability
for errors in the functioning of our web site, such as interruptions, failures,
drop-outs, nor any such accidents.
Furthermore, Asturshop reserves its right to modify any of
the aspects contained in this Agreement, although possible modifications will
be promptly notified by e-mail or announced on its web site. Affiliates who do
not agree with or accept any possible modification of these terms will be
obliged to cancel their Asturshop Affiliate account, renouncing any legal
dispute.
Subscribing this Agreement involves accepting
Asturshop’s reports on traffic and earnings of Affiliates, the origin of
web traffic and sales. This implies that the figures and sums of visitors,
commissions and fees provided by Asturshop, will be accepted as valid, thus
ruling out any appeal nor legal dispute.
Asturshop takes for granted that both parties act in good
will and that the relationship defined in this Operating Agreement is of
interest for both; and will therefore aims to promote a relationship with the
Affiliates, based on mutual trust, understanding and co-operation. Asturshop
thus undertakes to pay attentive consideration to any possible claims which may
arise on behalf of the Affiliates, before reverting to the content of the
preceding paragraph.
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