Cutting Edge Stencils - Affiliate Program

Affiliate Registration

Complete the registration below and become part of our affiliate program to start earning money for every sale received through your unique affiliate link!

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Terms and Conditions

AFFILIATE PROGRAM AGREEMENT

This Affiliate Program Agreement (the "Agreement") contains the complete terms and conditions that apply to an individual or entity’s participation in Cutting Edge Stencils’ Affiliate Program (”Affiliate Program” or “Program”).

As used in this Agreement, “we”, “us” or “our” means Innovative Art Concepts, LLC, d/b/a/ Cutting Edge Stencils. The term “CES” refers to the sponsor of Cutting Edge Stencils’ Affiliate Program. The term “Our web site” refers to the website that CES maintains at: www.cuttingedgestencils.com .

“You” or “Your” means the applicant. “Your site” means any web site that you own and operate and link to our web site and that is specified by you on your Affiliate Program Application Form and approved by us.

For purposes of this Agreement, the term “Affiliate” or “Program Affiliate” refers to the individual or legal entity who applies for and is accepted into Affiliate Program.

The term “your web site” or “Affiliate’s web site” refers to the web site we have approved on which Affiliate agrees to place a link to our web site.

“Products” means all products and supplies that are offered by us for sale through our web site.

By registering for the Program, you hereby agree to be bound by the terms and conditions of this Agreement.

1.	AFFILIATE PROGRAM REGISTRATION

To register for our Affiliate Program, you shall complete and submit an Affiliate Program Application Form. Our Affiliate Program Application form is included on our affiliate program site and can be completed and submitted on-line. We will evaluate your application and notify you of our acceptance or rejection of your application to the Program.

2.	APPROVAL OR REJECTION OF APPLICATION

We reserve the right to approve or reject any application to be a Program Affiliate in our sole and absolute discretion and for any or no reason. Without limiting our right to reject any application, your application will be rejected: (i) if it is not complete; (ii) if it omits or misrepresents material information; (iii) if your web site contains images or content that is not acceptable to us or is inconsistent with the image that we wish to create; (iv) if your web site contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference; or (v) if your web site contains any material that we feel may violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.

3.	TERMINATION AFTER ACCEPTANCE

Even after we have accepted you as a Program Affiliate we reserve the right to rescind or terminate your Affiliate status at any time for any or no reason in our sole and absolute discretion.

4.	RESPONSIBILITY FOR YOUR OWN WEB SITE

You shall be solely responsible, at your own expense, for your own web site, including, but not limited to, its development, maintenance, operation and all materials that appears on or within it and for making sure that such items do not infringe upon or violate the rights of any other party.  You shall be responsible for placing links on your web site in compliance with the terms of our Affiliate Program. We shall not be responsible for any matter pertaining to your web site or its content. You hereby represent and warrant that your web site does not and will not contain any materials that are illegal, that your web site is not operated for an illegal purpose or in an illegal manner, and that you will comply at all times with all applicable laws, rules and regulations, including those that govern email marketing.

5.	NO REPRESENTATIONS REGARDING INCOME POTENTIAL

We make no representations or warranties regarding potential income that may result from your participation in our Affiliate Program and we specifically disclaim any and all warranties relative to earning potential from your Affiliate status.

6.	RESPONSIBILITY TO LINK TO OUR SITE

a.	As a Program Affiliate, you will have the obligation to place links on your site directing users to our web site. We will make available to you links, banners, and other information to be used by you subject to the terms of this Agreement We hereby grant you, as a Program Affiliate, a limited non-exclusive license, during the term of your active participation as a Program Affiliate, the right to utilize our logo and images provided to you on the web site that you designate in your Program Application.

b.	The materials that we provide you with will contain our trademarks and other proprietary property. You may display these materials on your web site for the purpose of promoting our site and participating in this Affiliate Program. If you discontinue your participation in our Affiliate Program, or if your participation is terminated for any reason, you will immediately cease using any of our materials and will delete all such materials from your web site and from your computer. You will obtain our approval of all links to our web site that your place on your web site and will cooperate with us in the establishment and placement of links on your web site.

c.	You will only be permitted to use the links that we provide to you on the web site that you designate in your Program Application. Any additional web sites or entities will require additional submissions of Program Applications and approval by us.

d.	You will not modify the links or other materials that we provide to you or the placement of the links.

e.	You hereby consent to us monitoring, recording, using, and disclosing information about your web site and visitors to your site, and to monitoring, and otherwise investigating your web site to verify compliance with the terms of our Affiliate Program. You further consent to us including information relative to traffic from your web site in our reporting, including, to outside parties.

7.	CONSPICUOUS DISCLOSURE OF RELATIONSHIP.

You will not misrepresent or embellish our relationship (including by expressing or implying that we support, sponsor, or endorse you or your products or services), 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. You shall, however display the following statement on your site in a clear and conspicuous manner: “[Insert your name] is a participant in Cutting Edge Stencils’ Affiliate Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to cuttingedgestencils.com.”

8.	OUR RESPONSIBILITY/ORDER PROCESSING

We will be responsible for processing all Product orders placed by customers who enter our web site through links from your web site. We reserve the right to reject any orders that do not comply with our requirements. We will track orders that occur through links from our web site. You will be able to login to your affiliate account and to access information as to the orders that we have received through links from your website as well as the status of your account. We will have no obligation to provide you with any specific information relative to any customer, regardless of whether they access our web site through the link from your web site. We shall not be responsible for the failure to assign any sale or commissions to you if such failure results from the improper formatting or other problems associated with the link from your web site. You should assure at all times that the link is appropriately formatted and otherwise is working. Any problems that you may have should be reported to us immediately.

9.	AFFILIATE COMMISSIONS

a.	Commissions will be paid to you based upon a percentage of sales made to users who access our web site through your web site. Commissions will be calculated based upon the gross sales price of the Products that we actually receive, less any transportation, shipping or handling charges, insurance, sales or use taxes, late charges, collection costs, import or export duties, taxes, and any other costs or payments, other than the purchase price for the Product that is purchased.

b.	Commissions will not be calculated on any amounts that are attributable to credit card fraud, any returned goods or refunded amounts, or any discounts or credits actually given, bad debts or uncollectible amounts. We reserve the right to deduct from any future commission check any amount that we paid for a Product that is subsequently returned or which a refund or credit is issued, or is later subject to reduction, credit or offset.

c.	The percentage that we agree to pay you as a commission is as set forth in Schedule A of this Agreement. We reserve the right to change and amend your commission rate at any time, in our sole discretion, upon notice to you.

d.	Commissions will only be paid on sales that are tracked through our online tracking system and indicate your web site’s link as the source. You will not receive any commissions if a user later returns to our web site and makes a purchase through another link or source other than through your web site. You will have no right to commissions based upon subsequent sales, even if the customer first arrived at our web site through the link from your web site. Commissions will only be tracked and paid when the user makes a purchase on the same visit that the user visits our web site from the link from your web site.

e.	We will pay a commission only upon our receipt of the monies due us. You shall have no right to any commissions until we have received payment. Only purchases that are made through our online ordering process will count towards commission calculations. For example, if a customer visits our web site through the link from your web site and instead of placing an online order calls and places an order via telephone, you will have no right to any commission from that sale.

f.	Commissions will be paid to Affiliate on a quarterly basis on or about the fifteen (15) days following the end of the quarter for amounts received by us during the previous quarter. CES does not guarantee an exact date of calculation of commissions or payments. All payments will be made via company check sent to the address that you supplied in Affiliate Program Application or that you otherwise notify us of in writing.

g.	We do not send payments if the total commission to any Affiliate in any quarter is not at least One Hundred Dollars ($100.00). Amounts below One Hundred Dollars ($100.00) will accrue to your account and payment will be made for the quarter when Affiliate’s total commissions achieve the minimum One Hundred Dollars ($100.00). CES reserves the right to amend the minimum commission payment amount at any time and from time to time upon notice to you.

10.	 USERS WHO PURCHASE THROUGH LINKS ON YOUR WEB SITE.

All parties who make purchases through our web site, regardless of whether they may have reached our web site through the link on your web site, shall be deemed to be our customers relative to the marketing or sale of any of our Products. We will have the right to contact these customers and send future marketing or promotional offers or other information to them. You will have no right to commissions on subsequent purchases that may be made by these customers, except for subsequent purchases that may be traced at the time of purchase through a link from your web site. Additionally, all such customers and purchases will be subject our policies, procedures, conditions, and terms and you shall have no right or authority to amend or offer any different conditions terms relative to the purchase of Products from our web site. We, however, reserve the right to amend any of our terms, conditions, policies, procedures, pricing, payment policies, collection policies, and all other items relative to our business and sale of Products at any time in our sole discretion.

11.	TRADEMARKS AND COPYRIGHTS

a.	Subject to the terms and conditions of this Agreement, and solely for the limited purpose of advertising Products on, and directing end users to our web site, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable, royalty-free license to use the trademarks, logos, and copyrighted material that we provide to you on your web site.

b.	You may only use the images that we specifically make available to Affiliate Program Members. You may not distribute, reproduce, modify, or change, these images in any way. You may use these images only for the purposes of promoting our Products and web site on your web site. The license so granted is subject to your full compliance with all terms and conditions of this Agreement and any of our policies, as they be amended from time to time.

c.	You will only use such items in the form, size, content, and appearance that we provide them. You are not permitted to modify them. You agree to display these items prominently on your web site. These items may only be used in if they contain a hypertext link to our web site.  You further agree that you will not post or display any images of any of our products unless such images have been approved by us.

d.	This license shall immediately and automatically terminate upon the termination of this Agreement or your participation in the Affiliate Program. We may also terminate this license upon notice to you in the event that we believe that your use of these items is contrary to, or does not conform with, our standards, such standards to be determined in our sole and absolute discretion. You hereby acknowledge and agree that we retain all right, title and interest in and to all such materials.

e.	We retain all goodwill and other value associated with these materials. You will not have any rights in or to such materials. You agree not to take any action that is contrary to or inconsistent with our rights. You will not use these materials in any way that is damaging, defamatory, disparaging, derogatory, or negative to us or that paints us in a false or negative light. We may revoke your limited license at any time and for any or no reason at our sole discretion. Upon termination or revocation, you will immediately cease any use this of these materials and delete or destroy all such materials.

f.	You are not permitted to use any other proprietary materials, including but not limited to trademarks, copyrights, logos, images, text, or any other materials that belong to us or to any other party and which may appear on our web site.

g.	You hereby grant to us a non-exclusive right and license to use your trademarks, trade names, service marks, business names, web page titles, slogans, logos, and copyrighted materials for the purposes of promoting, advertising, announcing, or marketing your participation in our Affiliate Program.

h.	You represent and warrant that no other party has any rights in and to any of these materials and that these materials do not infringe upon or otherwise interfere with the rights of any other party. You hereby represent and warrant that you are the absolute, sole and exclusive owner of all such materials and of all trademark rights, copyrights, and other proprietary rights in and to the same and that you have the right, power, and authority to license said materials to us and that you are not under any legal or contractually limitation on the right to so license these materials. We have no obligation to announce, advertise, market, or promote Affiliate participation in our Affiliate Program, but reserve the right to do the same in our sole discretion.

12.	PRODUCT AVAILABILITY

We do not guarantee Product availability or that our Products will be sold at any particular price or pursuant to any particular special promotion or offer.

13.	TERM/TERMINATION

The term of this Agreement will begin on the date that we accept your Program Application. This Agreement shall remain in full force and effect until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Written notice may be sent by email to the party’s last known e-mail address, which for purposes of Affiliate, shall be deemed to be the e-mail address on Affiliate’s Program Application, unless Affiliate later amends or updates such address by proper written notice.

14.	COMMISSIONS/PAYABLE THROUGH DATE OF TERMINATION

You will be entitled to any commissions due through the effective date of termination, provided, however, you will forfeit all right to receive commissions that have not yet been paid if you breach any of the terms or conditions of this Agreement or if you fail to comply with any policies and procedures of our Affiliate Program; and provided, further, that we shall have the right to withhold any final commission payment for a sufficient time in order to assure that the amount to be paid to you is not subject to later adjustment for returns or any other reason. If following final payment we determine that you were overpaid as a result of subsequent returns or any other adjustment, credits, or other reasons, you hereby agree to promptly repay us the differential, failing which we reserve the right to charge you interest on any unpaid amount at the rate of eight percent (8%) per annum, along with any costs and expenses, including, reasonable attorneys’ fees, we may incur to collect any unpaid amounts.

15.	CHANGES TO AFFILIATE PROGRAM

We reserve the right in our sole and absolute discretion, upon notice to you, to change any terms and conditions of our Affiliate Program. Notice of any changes may be given via email or by posting such changes in the Affiliate Program section on our web site. Such changes will take effect upon email transmission or posting on our web site. It shall be Affiliate’s responsibility to check the Affiliate section of our web site periodically to monitor all notices set forth thereon. You may terminate your participation in our Affiliate Program in the event that any modifications or changes are unacceptable and termination shall be your sole and exclusive remedy. In the event that you continue to participate in our Affiliate Program following any modification or change, you will be deemed to have accepted all such modifications and changes. Any and all notices to Affiliate via email at Affiliate’s last e-mail address shall be deemed to be effective notice to Affiliate for all purposes, even if the email address associated with your account is no longer current.

16.	DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY.

a.	THIS AFFILIATE PROGRAM, OUR WEB SITE, ANY PRODUCTS OFFERED ON OUR WEB SITE, ANY LINKS OR LINK FORMATS THAT WE PROVIDE YOU TO OUR WEB SITE, AND ANY TRADEMARKS, COPYRIGHTS, LOGOS, TEXT, IMAGES, OR OTHER MATERIALS WE PROVIDE YOU WITH OR THAT ARE USED IN CONNECTION WTH OUR AFFILIATE PROGRAM, INCLUDING ALL TECHNOLOGY, SOFTWARE, CONTENT AND DATA, ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER.

b.	WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND WE HEREBY DISCLAIM ANY AND ALL LIABILITIES AND REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO THOSE OF, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARANTIES OR CLAIMS ARISING OUT OF OR BASED ON ANY COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE.

c.	WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, STABILITY, QUALITY OR DEPENDABILITY OF OUR WEB SITE (INCLUDING THAT OUR WEB SITE WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE), OR YOUR ABILITY OR THE ABILITY OF YOUR USERS TO BE ABLE TO ACCESS OUR WEB SITE, OR TO ACCESS OUR WEB SITE USING THE LINK FROM YOUR WEB SITE.

d.	WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT OUR WEB SITE OR ANY APPLICATION, INCLUDING BUT NOT LIMITED TO OUR LINK TRACKING FEATURES, WILL BE ERROR FREE OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT DAMAGE, DESTRUCTION OR LOSS TO YOUR WEB SITE.

e.	WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING YOUR PARTICIPATION IN OUR AFFILIATE PROGRAM OR YOUR ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE PROFIT THROUGH YOUR PARTICIPATION IN OUR AFFILIATE PROGRAM,

f.	WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, ANY LOSS OF REVENUES, PROFITS, GOODWILL, BUSINESS OPPORTUNITIES, USE, OR DATA, OR ANY OTHER DAMAGES OF ANY KIND OR NATURE WHATSOEVER, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

g.	FURTHER, OUR TOTAL LIABILITY FOR ANY DAMAGES ARISING UNDER OUR AFFILIATE PROGRAM, THIS AGREEMENT, OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE TOTAL COMMISSIONS PAID TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO YOUR CLAIM.

17.	CONFIDENTIALITY

You agree to hold any information of ours that is disclosed to you through your participation in our Affiliate Program in the strictest of confidence and not to disclose such information to any other party or to use any such information for your own purposes other than as may be necessary to fulfill your obligations under this Agreement. Confidential Information includes, but is not limited to, any information regarding any changes or modifications to this Agreement or this Affiliate Program or any special treatment that Affiliate may receive (which we reserve the right to provide in its sole discretion to any affiliate). Confidential Information shall also include any and all information related to our business, business plans, marketing plans and strategies, user statistics, financial information, pricing, profits, affiliations, sales or marketing information, and all other information which we consider to be confidential and proprietary.

18.	INDEMNIFICATION

You hereby agree to indemnify and hold Innovative Art Concepts, LLC d/b/a Cutting Edge Stencils, and our officers, directors, members, employees, contractors, affiliates, representatives, agents, successors and assigns harmless from and against any and all claims, demands, liabilities, damages, actions, causes of action, suits, and all costs and expenses of any kind or nature whatsoever, including, reasonable attorneys’ fees and costs, that we may incur and which are based in whole or in part upon your participation in Affiliate Program, your breach of any of the terms, covenants, conditions, representations or warranties contained in this Affiliate Agreement or any policies associated with our Affiliate Program, or any claim related, directly or indirectly, to your web site or business.

19.	GOVERNING LAW

This Agreement shall be interpreted under the laws of the State of New Jersey, without regard to conflicts of law provisions governing choice of law. Any dispute arising out of or relating to this Agreement, including any breach or alleged breach of this Agreement, shall be submitted to confidential arbitration in Bergen County, New Jersey before one neutral arbitrator under the rules of the American Arbitration Association; provided, however, that, notwithstanding anything herein to the contrary, we may seek injunctive or other appropriate equitable relief in any court of competent jurisdiction to protect our intellectual property rights. The arbitrator’s award shall be final and binding upon the parties and judgment may be entered with respect to such award in any court of competent jurisdiction.

20.	INDEPENDENT CONTRACTING PARTIES.

The parties hereto are independent contracting parties. Nothing herein is intended or shall be construed to make or constitute either party a partner, joint venturer, employee, servant or agent of the other party or to create any relationship other than that of independent contracting parties. You shall have no power or authority to bind us to any obligation, agreement, debt or liability whatsoever and shall not hold yourself out as an agent or representative of ours. You shall be solely responsible for the full and timely reporting and payment of all applicable federal, state provincial, or other taxes due on the amounts you receive hereunder.

21.	ASSIGNMENT

This Agreement is binding upon and shall inure to the benefit of the parties hereto and their permitted assigns. We may assign this Agreement to an affiliate or purchaser of our company or our assets. You may not delegate your responsibilities or assign this Agreement or any right, benefit or obligation hereunder to any other party without our prior express written consent in each instance and any attempted delegation or assignment by you shall be null and void.

22.	ENTIRE AGREEMENT/MISCELLANEOUS

This Agreement contains the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all prior discussions, understandings, agreements, representations, warranties or covenants between the parties related to the subject matter hereof. This Agreement may only be amended by a writing signed by the authorized representative of each of the parties, except as otherwise set forth herein. Any waiver of a breach or default under this Agreement shall not constitute a waiver of any subsequent or other breach or default.  If any provision or term of this Agreement is held to be invalid for any reason, it shall not affect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement. You represent and warrant that you have the authority to enter into this Agreement, that this Agreement constitutes a valid and legally enforceable agreement, and that this Agreement has been duly and validly authorized by all necessary corporate or other organizational actions and approvals.

SCHEDULE A

COMMISSION:  You will receive a Fifteen Percent (15%) commission on all qualifying sales subject to the terms and conditions set forth in Cutting Edge Stencils’ Affiliate Program Agreement, as it may be amended from time to time.

* I have read, understand and agree to the above terms and conditions.