To be an authorized affiliate of Above Rubies Studio, you agree to abide by the terms and conditions contained in this agreement.
By registering for the ARS Affiliate program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
AFFILIATE AGREEMENT
This agreement describes the terms and conditions for participation in the ARS Affiliates Program. The terms “Affiliate,” “you,” and “your” are referring to you, the applicant. “We” and “our” refer to ARS Affiliates.
We are independent parties and this agreement will not form any partnership.
AGREEMENT DURATION
This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party.
Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
MODIFICATION
By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, commission schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.
COMMISSION FEES
You will receive 15% of the revenue as a commission from orders placed through your Affiliate links.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment. You will receive 5% for orders placed through your Affiliate links of those sub-Affiliates which you have sponsored into the ARS Affiliates Program. Affiliate commissions will only be paid on sales which are made through qualified Affiliates.
Referral fees can only be earned between the acceptance of the Affiliate application and notice of termination. Fees will be paid by the 7th calendar day of each month by ARS Affiliates. Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following commission payment. If no commission payment is due, the amount will deducted from your next affiliate commission payment (whever that occurs).
Affiliates must have an active link (banner, text link, etc) on their website.
ORDER PROCESSING
Above Rubies Studio will be solely responsible for processing every order placed by a customer referred by the Affiliate and sub-affiliate websites. Customers who purchase products and services through Above Rubies Studio will be deemed to be customers of Above Rubies Studio. Prices and availability of our products and services may vary from time to time. Above Rubies Studio policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
WEBSITE RESTRICTIONS
Above Rubies Studio reserves the right not to accept any site into the ARS Affiliates program based on site content. Sites that Do Not Qualify for the ARS Affiliates Program include sites such as sites that are:
X- rated and promote sexually explicit materials
Promoting violence and discord.
Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promoting illegal or questionable activities
Violating intellectual property rights
SPAM (UCE)
Unsolicited Commercial E-mail – Above Rubies Studio in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the ARS Affiliate Affiliate Program, with no refund.
DISCLAIMER
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the ARS Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.
This Agreement will be governed by the laws of the United States and the District of Columbia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in Pennsylvania, and you irrevocably consent to the jurisdiction of such courts. 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 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.