Affiliate/Parish Referral Agreement

Last Updated: 03/01/2012

  1. Enrollment in our Affiliate Program

    The AquinasAndMore.com affiliate program ("Affiliate Program") is designed for the purpose of driving internet traffic to the AquinasAndMore.com web site via direct links to other web sites that display and promote products offered for sale by AquinasAndMore.com. All who have read and agree to comply with all the terms and conditions set forth herein ("Agreement") are eligible to participate in the Affiliate Program, except those that (i) advocate or promote sexually explicit material; (ii) advocate or promote violence; (iii) promote discrimination based on race, sex, religion, nationality, disability, or age; (iv) advocate or promote illegal activities; (v) promote views contrary to the Catholic Faith; or (vi) violate intellectual property rights. Enrollment in our Affiliate Program authorizes you to use your web site to display and promote the images, titles and descriptions which AquinasAndMore.com offers for sale. To begin the enrollment process, you will need to complete and submit an Affiliate Application via our Affiliate Pages.

    We reserve the sole and exclusive right at any time to reject your enrollment application or to cancel your enrollment in this Program for any lawful reason, including, but not limited to, any determination (in our sole discretion) that your site or organization is unsuitable (i) for any of the reasons set forth in Section 1(i)-(vi) above; (ii) due to inclusion of content that is in any way unlawful, harmful, obscene, pornographic, hateful, or racially, ethnically, or otherwise objectionable or (iii) due to misuse of Product images, as determined by AquinasAndMore.com in its sole and exclusive discretion. AquinasAndMore.com reserves the sole and exclusive right to determine what content is deemed appropriate. Any cancellation of your enrollment or rejection of your enrollment application hereunder will be effective immediately. In the event that we cancel your enrollment or reject your enrollment application, we will notify you accordingly at your last e-mail address registered with AquinasAndMore.com as your contact address. If we cancel your enrollment or reject your enrollment application, you are welcome to reapply for our Affiliate Program at any time. All activities that you undertake to develop and market your site or your status as an affiliate of AquinasAndMore.com are at your sole and exclusive risk and expense.

  2. Linking to our Site

    • Direct Product Links: This is the recommended method. Our studies have shown that displaying specific Products on your site will usually generate more referral sales than other methods. Furthermore, this method provides you with a great selection of eye-catching images to enhance your web site.

      You may select as many images as you wish, but for each image you must link to the corresponding AquinasAndMore.com web page where that Product is for sale. Product images may be used only as a means to offer the corresponding Products for sale through AquinasAndMore.com on an affiliate basis, and any other use is expressly prohibited. You are not permitted to sub-license any of the rights granted by AquinasAndMore.com to you hereunder, including, but not limited to, the use of Product images. AquinasAndMore.com grants you a limited, terminable, non-exclusive, and non-transferable license to use the AquinasAndMore.com name and logo, solely to the extent that such use (i) complies with AquinasAndMore.com's then current standard trademark policies as they appear from time to time on our web site and (ii) is necessary to perform your duties and obligations, or exercise your rights, hereunder.

      For each selected Product, we also suggest displaying a short description, review, or any other information that might be relevant to that particular Product. If you display our product prices on your website, please be aware that prices can change at anytime without notice. You are responsible for keeping your pricing up to date. The prices posted on our site at the time of purchase take precedence over any prices you may list.

      You may add or delete Products from your web site at any given time without our consent.

    • Banner Links: We provide a variety of attractive banners that you may download and place on your site. For each banner placed on your site, you must link from that banner to our site. With banners, you may link to any page on our site.

    • Search Box: We provide an AquinasAndMore.com search box that you can use on your site. It will link directly to AquinasAndMore.com search results for whatever your visitors entered into the search field.

    • Random Items: AquinasAndMore.com provides random item boxes in varying sizes that can be placed anywhere on your site. These boxes rotate items on your site and also list current prices. You are able to select specific categories for the rotation and you can use as many of these boxes in as many categories as you would like.

    • Search engine referals: Credit for purchases will only be given for clicks that come directly from your website. Clicks containing your affiliate link that come from search engines will not be eligible for credit.

  3. Order Processing

    We will process all customer orders and sales. We reserve the right to reject orders that do not comply with any of the requirements we have established or will establish in the future.

    We will be responsible for all aspects of order processing and fulfillment. We will complete orders and invoices, process payments, cancellations, and returns, and handle all customer service related issues. We will track the volume and dollar amount of completed sales arising out of retail customer transactions directly linked from your site to AquinasAndMore.com's site. We'll also provide real-time viewing of your sales. To permit accurate tracking, reporting, and fee accrual, you must ensure that the links between your site and our site are properly formatted.

  4. Referral Fee Schedule

    We will pay you a referral fee based on the following table of Net Sales for all completed sales arising out of retail customer transactions directly linked from your site to AquinasAndMore.com's site. "Net Sales" shall mean sales price minus (i) amounts collected by us for sales tax, duties, shipping, handling, and similar charges, (ii) amounts arising out of credit card fraud, bad debts, or credits for returned goods (iii) credit card processing fees, (iv) personalization fees for imprinting, engraving and other charges for customization. Sales of Gift Certificates do not earn commissions, however purchases made with gift certificates earn commission based on the following table. Some items may be available at a higher or lower referral fee. Such items will be listed in a paragraph headed "Referral Fee Exceptions" if such items exist. Each sale credited to you increases your Gross Earnings which in turn increases the commission you earn.

    Gross Earnings Range Earnings Percentage
    $0 - $2999.99 6%
    $3000 - $7999.99 7%
    $8000 - $14999.99 8%
    $15,000 - $24,999.99 9%
    $25,000 - $49,999.99 10%
    $50,000 - $99,999.99 11%
    $100,000 + 12%

    No referral fee will be paid if the visitor to our site cannot be tracked by our system. Referral fees will only be paid for completed sales arising out of retail customer transactions directly linked from your site to AquinasAndMore.com's or from the entry of a valid affiliate code during the checkout process. No referral fee will be paid if the customer does not directly use your link for that particular order except that, after a visitor accesses our site through your site, a "cookie" will be set to identify that user when he/she accesses our site again from any site within the next seven (7) days, and any sales to that visitor during such period will be credited to you for compensation purposes or if a customer enters a valid affiliate code during the checkout process, the customer will receive a cookie that will last for seven (7) days which will give the affiliate credit for any sales made during that time. Approximately thirty (30) days following the end of each quarter, we will send you a check for the net commissions earned. However, if referral fees earned do not sum to the $20, then we will hold those fees until the following month. All referral fees are paid in US dollars or in AquinasAndMore.com gift certificates. Affiliates who choose to receive gift certificates instead of cash payments will receive gift certificates totaling 105% of the earned amount. For example, if you earn $1000 in a quarter in commissions and elect to receive a gift certificate instead of cash, we would issue you a gift certificate in the amount of $1050.

    If a customer returns merchandise for which you have already collected the commission, we will deduct the corresponding commission from your current commission balance. If the returned commission amount exceeds your current commission balance then you may be required to return the corresponding commission that you have already received. Affiliate Program enrollments that have been inactive (i.e., no traffic or sales) for twelve (12) months or more will be cancelled. Any account balance in such an enrollment that is below the minimum payout level will be forfeited.

    Our Affiliate Program does not permit "sub-affiliates," and we will not be required under any circumstances to pay a referral fee for any particular sale more than once or to more than one affiliate.

    Referral Fee Exceptions

    The following items earn smaller commissions than the standard table above:

    • Missals.
    • Official Liturgical Texts.
    • Some church goods from specific companies.
    • A small number of books for which we receive little discount.
    • Hosts and Oplatki.
    • Incense.
    • Some Art Prints.
    • Some Hand-Made Rosaries and Necklaces.
  5. Policies and Pricing

    Customers purchasing merchandise through our Affiliate Program will be deemed to be customers of AquinasAndMore.com. All of our rules, policies, and operating procedures concerning customer orders, customer service, and Product sales will apply to those customers. We may change our policies and operating procedures at any time and without notice. We recommend that you do not include pricing information on your site as this could cause confusion for customers if the prices change. Our random item boxes display pricing information that is always up to date. If you want to display pricing information we highly recommend using this method.

  6. Blog Affiliates

    If you have a blog, you are entitled to our special blog affiliate rates. We pay 15% commission to bloggers and track your referrals for six months.

  7. Advertising

    You shall not create, publish, distribute, or permit any written or electronic material that makes reference to us (other than as permitted by our Affiliate Program) without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.

  8. Your Obligations

    You will be solely responsible for all aspects of your site, including, but not limited its development, operation, maintenance, and contents, and all materials that appear on your site (collectively, "site matters"). We disclaim all liability for site matters, and you will defend, indemnify, and hold us and our successors, assigns, directors, officers, employees, agents, advisors, and customers harmless from all actions, claims, costs, losses, damages, and expenses (including, without limitation, attorneys' fees) arising out of, relating to, or connected with (i) site matters and/or (ii) your actual or alleged breach of any or all of the terms and conditions herein.

  9. Independent Contractors

    You and AquinasAndMore.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You are responsible for filing any appropriate tax forms on the earnings you make using our affiliate program.

    You may identify your site as an AquinasAndMore.com Affiliate Program participant. You must conspicuously display the phrase "In Association with AquinasAndMore.com" somewhere on your site.

  10. Terms of the Agreement

    The term of this Agreement will begin upon our acceptance of your enrollment 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.

  11. Modification

    We may modify or delete any of the terms and conditions contained in this Agreement, or include additional terms and conditions herein, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of any such modified, deleted, or additional terms and conditions, all of which will apply to all sales occurring at any time after we post the change notice or new agreement. You are solely responsible for monitoring our site to determine whether any such modifications, deletions, or additions have occurred, and we expressly disclaim any duty to notify you of same.

  12. Independent Investigation

    You acknowledge that you have read and understand this Agreement and agree to comply with 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 or solicit or receive referrals from web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

  13. Governing Law

    This Agreement will be governed by the laws of the United States and the State of Colorado, without reference to rules governing choice of laws. Any action relating to this Agreement must be submitted to binding arbitration in Fort Collins, Colorado, in accordance with the Commercial Arbitration Rules of the American Arbitration Association as in effect at the time of the arbitration hearing. The decision of the arbitrators shall be final and binding on the parties, and the non-prevailing party shall bear the entire cost of such arbitration, including, but not limited to, reasonable attorney's fees. 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 a provision or any other provision of this Agreement.


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