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| Affiliate Program |
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| The TLC Lingerie Affiliate Terms |
1) Terms of the Agreement: The term of this Agreement will begin upon our
acceptance of your Affiliate application and will end when terminated by
either party. Either you or we may terminate this Agreement at any time,
with or without cause, by giving the other party written notice of
termination. You are only eligible to earn referral fees on sales occurring
during the term.
2) Enrollment Process: To begin the enrollment process, Affiliate will
submit an application via www.tlcintimates.com.au. will evaluate Affiliate
application and will notify Affiliate of Affiliate acceptance or rejection.
may reject Affiliate application if determines that Affiliate site is
unsuitable for the Affiliate Program. Reasons for rejection can include, but
are not limited to the Affiliate site promoting violence, discrimination
based on race, sex, religion, nationality, disability, sexual orientation,
or age, or the Affiliate site promoting illegal activities and/or violating
intellectual property rights.
3) 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 this site. Modifications may include, for
example, changes in the scope of available referral fees, fee schedules,
payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO
YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. 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.
4) Limitation of Liability: We will not be liable for indirect, special or
consequential damages, or any loss of revenue, profits or data, arising in
connection with this Agreement or the Program, even if we have been advised
of the possibility of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Program will not exceed the total
referral fees paid or payable to you under to this Agreement.
5) 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 website. 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.
6) SPAM: TLC Intimates has a zero tolerance policy for SPAM. Any Affiliate accused of
SPAMMING will be immediately removed from our affiliate program. The only
recourse you will have to maintain your affiliate relationship is proof of
"opt in" that will undermine the validity of the Spam complaint. Valid SPAM
complaints will result in the immediate termination of your account and
forfeiture of any commissions owed you.
7) Miscellaneous: This Agreement will be governed by the laws of the home
state of Any action relating to this Agreement must be brought in the
federal or state courts located in the home state of , 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 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.
8) Linking: We will provide you with textual and graphical links (Link
Materials) with which you may link your Web site to our Web site. These Link
Materials are available in your affiliate login panel in the "instructions"
area. If you are an approved Affiliate, we grant you a non-exclusive limited
license solely to reproduce and use these Link Materials, including our
trademarks to the extent they are incorporated into these Link Materials,
only while you are an Affiliate and only in accordance with the terms and
conditions of this Agreement. You many include Link Materials in mailings to
your opted-in lists (see section 6 regarding Spam) and in other
advertisements at your discretion. You agree to display the Link Materials
appropriately on your Web site and in advertisements, and to respect our
trademarks, service marks, and other rights in the Link Materials. You will
use only these Link Materials to link to , and you will not alter the look
or feel of these Link Materials or of our Web site in any way. You will use
reasonable efforts to update to new versions of Link Materials as we make
them available.
9) Tracking: will be solely responsible for tracking sales using special
software that communicates with the specially encoded URLs assigned to
affiliates. will endeavor to do its best to ensure accurate tracking of
referrals made by affiliates. Affiliates will themselves be solely
responsible for ensuring that these special URLs are formatted properly, a
necessary prerequisite to accurate tracking of referral sales.
Notwithstanding the above statement of responsibility by to track sales,
affiliates hereby acknowledge and accept that the tracking system employed
by is not 100% fail-safe and that there may on occasion be instances of
referral sales made that are not credited to an affiliate for any of the
following possible reasons: Failure by the affiliate to use the proper
format of the specially assigned URL in promotions, webpage links, banner
ads, and so on Deliberate or accidental actions by customers to circumvent
an affiliate special URL so that our software is unable to accurately track
that sale. Bugs, glitches or crashes of the tracking software that render it
unable toaccurately track sales for a period of time. Acts of nature that
cause irretrievable data loss on the computers and back-up disk media.
10) Relationships and Responsibilities: You will be solely responsible for
the development, operation, and maintenance of your site and for all
materials that appear on your site. For example, you will be solely
responsible for:
The technical operation of your site and all related equipment.
The accuracy and appropriateness of materials posted on your site
(including, among other things, all product-related materials).
Ensuring that materials posted on your site do not violate or infringe upon
the rights of any third party (including, for example, copyrights,
trademarks, privacy, or other personal or proprietary rights).
Ensuring that materials posted on your site are not libelous or otherwise
illegal.
We disclaim all liability for these matters. Further, you will indemnify and
hold us harmless from all claims, damages, and expenses (including, without
limitation, legal fees) relating to the development, operation,
maintenance, and contents of your site.
11) Relationship of Parties: and your company are independent contractors,
and nothing in this Agreement will 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
agreement.
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