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Agreement

(To view a printable version of the agreement below please click here.)

Please read this contract carefully before submitting this application!

<p>-----------Beginning of Agreement-------------</p> ---Unilateral Affiliate Program Agreement---<br> <p>Unilateral Link Referrer Program Agreement: This Agreement contains terms and conditions which apply to any person’s participation in our Unilateral Link Referrer Program (the "Unilateral Link Referrer Program"). As used in this agreement, "we" means SnapMark, Inc. d/b/a www.poolmarkers.com and "you" means the applicant as identified by you in your on-line application, and "product" means any product or service offered for sale by us from the www.poolmarkers.com web site or by you from your website (your website being designated by you in the on-line application).</p> <p>Order Processing: Each of us will process our own orders for our respective products placed by customers who have been referred to our respective websites from one another’s sites. Each of us reserves the right to reject orders that do not comply with any requirements that either of us may establish from time to time for our respective products or websites. Each of us will be responsible for all aspects of order processing and fulfillment for our respective products or websites. Among other things, each of us will prepare order forms, process payments, cancellations and returns and will handle customer service for our respective customers.</p> <p>Referral CommissionsEach of us will earn a referral commission of fifteen percent (15%) on all website product sales to third parties through proper referrals to our respective websites. Referral commissions will be based on the revenue stream from the third party. Referral commissions will not be paid if they result from any "spamming" or bulk emailing with exception of email to a party’s own customer or confidential prospect base.</p> <p>Earning of Referral Commissions: Customers referred through word of mouth or by an improperly configured link on either of our websites are not eligible referrals and will not count towards calculated referral commissions. Only purchasers who are end-users qualify as third parties. Distributors, tradesmen, and other retailers do not qualify as third parties, as they would take an additional discount. The Bilateral Link Referrer Program may not be used in conjunction with any other program or discount offered by us to any other persons for any other reasons</p> <p>Terms for Qualified Referrals: In order for a purchase to qualify for referral commissions, the following conditions must be met</p> <p>A.The customer follows a properly configured link from one party’s website to the other party’s website;<br> B.Purchase the product using online ordering system;<br> C.All payments for the purchase have been received in full;<br> D.90 days have passed from the date of purchase and no items of the purchase have been returned.</p> <p>Commission Schedule: We each will earn referral commissions of fifteen percent (15%) based on the sale price of products. Sale price means the amount remitted by the customer, excluding taxes, shipping and handling. We each can change the sale prices of our respective products at anytime, or the amount of the commission to be paid under the Bilateral Link Referrer Program, and the changes will apply to orders not yet placed. Changes will be posted on our respective websites.</p> <p>Commission Payment: Referral commissions will be paid on a monthly basis. Approximately thirty (30) days following the end of each month, payment will be made by check or electronic funds transfer for the referral commissions earned on products, less any taxes that are required by law to be withheld. However, if the commissions payable for any month total less than $50.00, they may be retained until the total amount due is at least $50.00, or until this agreement is terminated. There will be no offsets</p> <p>Spamming: The Unilateral Link Referrer Program is not intended for use in sending unsolicited e-mails (known as "spams") to unknown people. Any spams by either party may result (in the other party’s sole discretion) in the withholding of referral commissions and/or the termination of this agreement.</p> <p>Marketing: We each agree to cooperate with in the development of joint press releases and testimonials, and that we may use each other’s company name in marketing collateral and make reference to each other our respective websites.</p> <p>Policies and Pricing: Customers who buy SnapMark products through this Bilateral Link Referrer Program will be deemed to be customers of SnapMark, Inc., and customers who buy your products through this Unilateral Link Referrer Program will be deemed to be your customers. Accordingly, all of SnapMark, Inc.’s policies and operating procedures concerning customer orders, customer service and sales will apply to its customers, and all of your policies and operating procedures concerning customer orders, customer service and sales will apply to your customers. Each of us may change our respective policies and operating procedures at any time. For example, each of us will determine our respective list prices in accordance with our own pricing policies. Prices and availability may vary from time to time.</p> <p>Term of the Agreement and Termination: The term of this agreement will begin upon our acceptance of your Bilateral Link Referrer Program application and will end when terminated by either of us. Either you or SnapMark, Inc. may terminate this agreement at any time, with or without cause, and without liability, by giving the other party written notice of termination. Each of us is eligible to earn referral commissions on sales occurring during the term, and commissions earned through the date of termination will remain payable only if the related product orders are not canceled or returned. Either of us may withhold final payment for a reasonable time to ensure that the correct amount is paid. We warrant to one another that all identifying signs, logos, literature or other evidence linking or websites will be removed from the sites upon termination of this agreement.</p> <p>Modification: SnapMark 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 our website. Modifications may include, for example, changes in the scope of available referral commissions, commission schedules, payment procedures and Bilateral Link Referrer Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. It is your responsible to check to site periodically for any changes, and we are nto required to give you specific notice. 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.</p> <p>Relationship of Parties: You and SnapMark, Inc. are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between us. Neither of us has the authority to make or accept any offers or representations on behalf of the other. Neither of us will make any statement, whether on our sites or otherwise, that reasonably would contradict anything in this paragraph.</p> <p>Trademarks, Trade Names, Patents: For the purposes of this contract, we authorize each other’s use of slogans, ads, product images, logos, and graphics developed by either of us and provided to each other, or found posted from time to time on each other’s website, or created by us in the future for use in this program. Upon termination of this contract, or upon request of either of us, the use of the above will be discontinued and will not thereafter be used either directly or indirectly in connection with the other party’s business or expressions so nearly resembling the same as would likely lead to confusion or uncertainty, or to deceive the public. To protect your and our respective intellectual property rights, this right of use must and will terminate two years after your entry into the Bilateral Link Referrer Program, and can then be renewed. We each acknowledge that the products and intellectual property rights pertaining to the products, and associated tradenames and images are the property of their respective owners. </p> <p>The Links, logos, and brands used or referenced therein, will be administered as follows:</p> <p>A.The logos will be used solely for the purpose of linking to one another’s websites;<br> B.The links will always be active links;<br> C.The logos will always stand alone and will not be combined with any other graphical elements;<br> D.The logos may be proportionately scaled as needed, but will not otherwise be altered;<br> E.The logos will be displayed in a positive manner and will not be used in any way that adversely affects or disparages one another’s websites, owners, or products;<br> F.The License will expire and must be renewed every two years, unless earlier terminated</p> <p>Limitation of Liability: Neither of us will be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this agreement or the Bilateral Link Referrer Program, even if either of us has been advised of the possibility of such damages. Further, the aggregate liability of either of us arising with respect to this agreement and the Bilateral Link Referrer Program will not exceed the total referral commissions paid or payable under this agreement.</p> <p>Disclaimers: We each make no express or implied warranties or representations to the other with respect to the Bilateral Link Referrer Program or any Products sold through the Bilateral Link Referrer 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, neither of us makes any representation that the operation of our respective websites will be uninterrupted or error-free, and neither of us will be liable for the consequences of any interruptions or errors.</p> <p>Independent Investigation: You acknowledge that you have read this agreement and agree to all its terms and conditions. We both understand that we each may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement. You have independently evaluated the desirability of participating in the Bilateral Link Referrer Program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.</p> <p>Arbitration: Apart from any dispute over the ownership of intellectual property or title to other proprietary rights, all controversies or claims arising out of or in connection with this agreement and not settled first between the parties in a face-to-face meeting between representatives with authority to resolve the dispute, shall be settled through binding arbitration, to be conducted under the rules of the American Arbitration Association, in Florida or at another location designated by SnapMark, Inc. The decision of the arbitrator, including any remuneration, damages, legal costs and other commissions, shall be final and shall be capable of entry as a legal judgment by any court having jurisdiction over the parties or their successors or assigns. The costs of arbitration shall be equally borne by the parties. The parties agree that any disputes over the ownership of intellectual property or title to other proprietary rights shall be submitted for resolution to a US or state court in an venue designated by SnapMark, Inc and properly having jurisdiction to hear the matter. The terms of the www.poolmarkers.com Website Legal Statement are incorporated herein.</p> <p>Miscellaneous: Neither of us may not assign this agreement, by operation of law or otherwise, without the other’s 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. The failure of either of us enforce the other’s strict performance of any provision of this agreement will not constitute a waiver of the right to subsequently enforce such provision or any other provision of this agreement.</p> <p>Governing Statutes: This agreement shall be governed by the laws of the State of Florida of the United States of America and any dispute shall be adjudicated in the courts of appropriate jurisdiction in the State of Florida in the country of United States of America.</p> <p>-----------End of Agreement-----------</p>

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