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This Agreement constitutes the entire terms and conditions that apply to the Sheet Music Direct Affiliate Program (the "Program"). As used in this Agreement, "we" means Sheet Music Direct, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Sheet Music Direct's site or to the site that you will link to our site.
To apply to join the Program, you must submit a complete Program application on our site. Once we have evaluated your application, we will inform you of its acceptance or rejection. Your application may be deemed unsuitable for the Program on certain grounds which include but are not limited to those that: promote or encourage sexually explicit materials; promote or encourage violence; promote or encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promote illegal activities; or infringe the intellectual property rights of others.
We will monitor and process orders for products placed by customers who follow special links from your site to our site. To enable accurate monitoring, reporting, and commission collection, it is your responsibility to ensure that the special links between your site and our site are properly formatted and include your unique Affiliate ID. When a customer comes to our site from your links, our web server logs your Affiliate ID, and this is used to monitor orders which were referred by your site.
In order for a product sale to qualify for a commission, the customer must follow a link in the format specified by us from your site to ours; purchase the product using our online ordering system; and remit full payment to us - what we call a payable purchase. We reserve the right to reject orders that do not comply with the prevailing requirements which we may impose from time to time, in which event no commission will be payable on such non-qualifying order. We will credit your site for every payable purchase a customer makes. In-app purchases and PASS subscriptions are not eligible for affiliate commissions.
You will earn commissions based on the sale price of our products based on rates in force from time to time. The current commission rate is 10 % of the listed price(the price listed by the relevant product on our website) for all products featured on our site.We will pay commissions on a quarterly basis 30 days following the end of the calendar quarter in which they are earned.Payment will be by check, or a credit to your Dealer Account, for the commissions earned on products that were purchased during the relevant quarter, less any withholding or other applicable taxes. Commissions due for amounts under $30.00 will be withheld until the total amount due is at least $30.00 or, if earlier, until this Agreement is terminated.Commissions paid for returned products will be deducted from the corresponding commission of your next payment.If no commissions are payable during the following quarter, you will be invoiced for the overpayment.
Customers purchasing products through this Program will be treated as customers of sheetmusicdirect.com and will be subject to all our rules, policies, and operating procedures concerning customer orders, customer service, and product sales. Our policies and operating procedures may be varied from time to time including the prices of our products in line with our own pricing policies.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Accordingly, you will be solely responsible for ensuring that materials posted on your site are not illegal and do not violate or infringe the rights of any third party including, but not limited to, copyrights, trademarks, privacy, or other personal or proprietary rights. We disclaim all liability whatsoever in respect of 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.
The Term of this Agreement will commence upon our acceptance of your Program application and will end when terminated by either you or us in accordance with this Agreement. Either party may terminate this Agreement at any time for any reason by giving the other party written notice of termination. You are only eligible to earn commissions on payable purchases occurring during the Term. Commissions earned prior to the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time in order to calculate adjustments for returns and cancellations.
We may vary 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. Variations may include changes in the scope of available commissions, commission schedules, payment procedures, and Program rules. If any variation is unacceptable to you, you may 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 by you of the change.
Nothing in this Agreement will create or be deemed 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 Agreement.
We will not be liable for any 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. Further, our aggregate liability arising with respect to this and the Program will not exceed the total commissions paid or payable to you under this Agreement.
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.
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.
The laws of the United States and Wisconsin will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts of the United States and Wisconsin, 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 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.
If you agree to the terms laid out in this Agreement then proceed to register for the Affiliate Program.
If you need to contact us, please email affiliates@sheetmusicdirect.com.
