Close This Window
AFFILIATE AGREEMENTThis Agreement (the "Agreement") contains the complete terms and conditions that apply to your participation in the PrintingForLess Affiliate Program (the “Program”). As used in this Agreement, "we" or “PFL” means PrintingForLess.com, Inc., a Delaware corporation located at 100 PFL Way, Livingston, MT 59047 and "you" means the applicant, which may be either an individual or an entity. "Site" means PrintingForLess.com’s site located at the URL http://www.printingforless.com and related URL’s. "Your site" means any site that you will link to the PrintingForLess.com Site (and which you will identify in your Program application).
1. Becoming an Affiliate
To begin the enrollment process, you will submit a complete Program application via our Site. We will evaluate your application and will notify you of your acceptance or rejection. We may reject your application if we determine at our sole discretion that your site or activities are unsuitable for the Program.
Unsuitable sites include, but are not limited to, those that contain illegal, offensive, infringing, or objectionable content or generate a low volume of traffic by way of sales volume, clicks, and page views to the Site.
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site or activity is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. If you are accepted as an Affiliate, you agree to notify us of any significant changes to the content or structure of your site within ten (10) days of such change(s).
2. Links on Your Site
Once you have been notified that your site has been accepted into the Program, you may provide on your site, a general link to our Site. We will provide you with guidelines and URLs to graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and commission fee accrual, we will provide you with a designated "tagged" link format to be used in all links between your site and our site where appropriate.
You acknowledge that, by participating in the Affiliate Program and placing any of the above links within your site, we may receive information from or about visitors to your site. Your participation in the Program constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information.
You also acknowledge that as a participant in the Program, we may from time to time send you email updates about the Program. By participating in the Program, you consent to our sending you these email updates.
You must ensure that each of the links between your site and our Site properly utilizes our designated formats. You will earn referral fees only with respect to activity on our Site occurring directly through the links we provide to you; we will not be liable to you with respect to any failure by you to use the links we provide, including to the extent that such failure may result in any reduction in the amount that would otherwise be paid to you pursuant to this Agreement.
3. Order Processing
We will process product orders placed by customers who follow properly designated tracking links from your site to our Site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will process payments, cancellations, and returns, produce proofs and printed products, and handle customer service. We will track sales made to customers who purchase products after using a designated link from your site to our Site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.
4. Commission Fees
We will pay you an 18% commission on the “Printing Subtotal” on all Eligible Transactions. "Printing Subtotal" is the sale or service price charged by PFL less the cost of adjustments; including high volume and other discounts, shipping, rush charges, returns, mailing services, refunds and charge backs. (Please note that commission fees may be changed pursuant to Section 10.)
An Eligible Transaction is the first and reoccurring order(s) completed and shipped by a customer on PFL’s website from your site who placed the order(s) within ninety (90) days of the referee’s first clicking through from your site to our Site on a designated link and receiving a cookie of our designation. An earlier cookie from another PrintingForLess Affiliate on the referee’s computer means that the earlier Affiliate will receive credit for the order.
An order you place for yourself or your entity is not an Eligible Transaction. An order placed later than ninety (90) days after the referee’s first clicking through from your site to our Site on a designated link is not an Eligible Transaction even if the referee later uses the designated link to link from your site to our Site.
We will track Eligible Transactions and will make available to you reports summarizing such activity. The form, content, and frequency of the reports may vary from time to time at our discretion..
YOU MAY NOT PURCHASE PRODUCTS DURING SESSIONS INITIATED THROUGH THE LINKS ON YOUR SITE FOR YOUR OWN USE, OR YOUR FRIENDS, RELATIVES, OR AFFILIATES IN ANY MANNER. SUCH PURCHASES MAY RESULT (IN OUR SOLE DISCRETION) IN THE WITHHOLDING OF REFERRAL FEES OR THE TERMINATION OF THIS AGREEMENT. ORDER PLACED ON BEHALF OF CUSTOMERS MUST CONTAIN THE END USERS: VALID NAME, ADDRESS, PHONE, EMAIL, AND BILLING INFORMATION. FAILURE TO PROVIDE THIS INFORMATION MAY RESULT (IN OUR SOLE DISCRETION) IN THE WITHHOLDING OF REFFERAL FEES OR THE TERMINATION OF THIS AGREEMENT.
In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using special links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use special links on your site to access our site); (b) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (c) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (d) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (e) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; or (f) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.
5. Commission Fee Payment
Every month we will pay you commission fees that are owed, less any taxes or other amounts that we are required by law to withhold, within thirty (30) days after the end of the calendar month. If a product or service is adjusted, returned or charged back after your commission has been paid, we will deduct the corresponding commission from your next monthly payment.
6. Policies and Pricing
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies, operating procedures, product offerings, or website content at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies.
Paid Search Policy
Publishers may not bid on PrintingForLess.com's brand/trademarks within Google, Yahoo, MSN or other search engines. Trademarked terms including, but not limited, to the following: PrintingForLess.com, PrintingForLess, Printing For Less, Printing4less, Printing 4 less, America’s Print Shop, Americas Print Shop, America’s Printshop, Americas Printshop.
Publisher may not use redundant URLs with trademarked terms. For example: www.wwwprintingforless.com
The use PrintingForLess.com's brand/trademarks or proprietary brand names within ad text is acceptable.
Publishers can link directly to PrintingForLess.com from paid search
7. Identifying Yourself as a Participant in the Program
You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion.
In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
8. Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
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.
9. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time by giving the other party 24 hours written notice of termination. We may terminate this Agreement, for cause, with no notice. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our Site, and all PrintingForLess.com trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the program. You are eligible to earn referral fees only on our sales of products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
10. Modification
We may modify any of the terms and 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 or by otherwise providing you with notice of such modification. Modifications may include, for example, changes in the scope or amount of available commission fees, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY PROVIDING NOTICE TO US. 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.
11. Nature of Relationship
Nothing in this Agreement is intended to 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.
12. Limited License
We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 2 and such other text or 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 graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.
13. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) to you or to visitors or customers of your site arising in connection with this Agreement or the program. Any direct or indirect damage to PFL or to our Site by you may be remedied by us by demanding the immediate removal of a link to PFL, injunctive relief, or seeking monetary damages.
14. Disclaimers
We make no express or implied warranties or representations 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). 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.
15. 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.
16. 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 the state of Montana, 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 Montana (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 proceedings or otherwise.
17. Miscellaneous
This Agreement will be governed by the laws of the United States and the state of Montana, without reference to rules governing choice of laws. 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 be 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. PrintingForLess.com reserves the right to discontinue this Agreement at any time without notice.