Halfmoon Works Affiliate Program Agreement and Terms & Conditions
This Affiliate Agreement ("Agreement") contains the terms and conditions between us, Halfmoon Works which owns and operates Halfmoon Works located at One Mustang Drive, Cohoes, NY 12047 and you ("Affiliate"), regarding your application and participation as an affiliate of Halfmoon Works, and the establishment of links from your website to our website at "halfmoonworks.com."
Please read these terms and conditions carefully as they constitute a legal agreement between you and our company upon your acceptance into our affiliate program. By applying to and being accepted into our affiliate program, you agree to be bound by all of the terms and conditions set forth in this agreement relative to your participation in the affiliate program.
Affiliate Program Enrollment:
To become a participant in Halfmoon Work’s Affiliate Program, you will have to submit a complete Affiliate Program Application via our website. We will evaluate your application and notify you of your acceptance. We may reject your application if we determine, in our sole discretion, that your website is not suitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable, which by way of example only, contains (i) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) graphic violence (which may include certain types of game sites), or (iv) any unlawful behavior or conduct. If we reject your application, you are welcome to reapply to the Affiliate Program at any time, provided, you alter your website to delete all offending content.
Setting Up Links:
We will make available to you: banner advertisements, button links and text links to our website ("links"). In using the links, you agree that you will cooperate fully with us in order to establish and maintain such links. All Affiliate websites shall display such graphic images prominently throughout your websites as you see fit and with our consent. A link can be modified and/or expanded with our consent. We have the right, in our sole discretion, to monitor your website at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
We will process orders placed by customers who follow the links from your website to the Halfmoon Works website. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements, which we may establish from time to time. All aspects of order processing and fulfillment, including order entry, customer service, cancellations, returns and payment processing will be our responsibility. We will track the amount of sales generated by your website and will make this information available to you through our website. To permit accurate tracking, reporting, and fee accrual, you must ensure that the links between your website and our website are properly formatted. You are responsible to inform Halfmoon Works of any suspected problems in the tracking code immediately.
We will pay you a commission equal to five (5%) percent (after deduction of credit card processing fees and any consignment/royalty fees) for all new customer form purchases, utilizing the links between your website and ours, for products which we deliver to such customer and for which we have received full payment. For example if there are $50 of sales there could be a deduction of 6% ($3) for credit card fees and 15% ($7.50) for consignment fees leaving $39.50 ($50 - $3 -$7.50 = $39.50). In the example the commissions would be based on $39.50, which would be equal to $1.96 ($39.50 x 5% = $1.96). A commission will only be paid if the customer is tracked as originating from your link from the time of the link to the time of the sale.
For a sale to generate a commission the customer must follow the link for your website to our website, purchase the product or products in question using our online ordering system, accept delivery of the forms at the shipping destination, and remit full payment to us. However, no commission will be paid for orders that are refunded, not paid for, undeliverable or payment for which is credited to any customer.
Halfmoon Works shall set the price of any products in its sole discretion.
Products referred to in this agreement, refer to products available directly through halfmoonworks.com. No commission is due or payable on the sale of any other products, services or supplies offered by or sold by Halfmoon Works or any other partners, affiliates, advertisers or sponsors.
We will pay your commission on a monthly basis. Within approximately 30 days following the end of each month, we will send you a check for the commission earned on the products shipped during the preceding month. If the commission payable to you for any month is less than twenty-five ($25.00) U.S. dollars, we will hold those commissions until such time as your commission earned equals at least twenty-five ($25.00) U.S. dollars. If a product sale that generated commission is refunded by the customer, we will deduct the corresponding commission from your next monthly payment. We reserve the right to remit payments to you electronically, in our sole discretion.
Halfmoon Works may provide certain materials for use by Affiliate and on Affiliate's site. These materials may include, but are not limited to: products, promotional materials, product samples, banners, promotional links and language. Halfmoon Works retains all rights in these materials including the right to modify, remove (or ask you to remove) and to stop using said materials at any time and for any reason. Affiliate will not alter, add to, subtract from, or otherwise modify the materials provided by Halfmoon Works without first obtaining written consent from Halfmoon Works.
Halfmoon Works also retains the right to review all commissions for possible fraud. Any incidence of fraud constitutes a breach of this Agreement, and Halfmoon Works retains full authority to terminate this Agreement immediately.
This is a non-exclusive agreement as to Halfmoon Works and Affiliate. Both parties may enter into similar agreements with other parties.
Either Party may terminate this agreement with 30 days written notice to the other party. The agreement may be terminated sooner by Halfmoon Works in the event of any breach by Affiliate.
This Agreement shall be subject to and construed according to the laws of the State of New York. Any suit to enforce any provision of this agreement must be filed in the city of Albany.
In the event that any one or more of the provisions of this Agreement shall for any reason be held to be invalid, such invalidity shall not affect any other provision of this Agreement.
Interruption of Service:
Although Halfmoon Works will try to keep the service operational at all times, a certain amount of downtime and interruption of service is always possible and inevitable. Halfmoon Works is not responsible for any interruption of the service and Affiliate agrees not to hold Halfmoon Works liable for any consequences of interruption of any service.
This Agreement contains the entire agreement of the parties and no oral statements or prior agreements shall have any force and effect. Halfmoon Works may modify the terms of this agreement from time to time, and it is Affiliate’s responsibility to check for any changes.