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IMPORTANT: PLEASE READ THE FOLLOWING CAREFULLY BEFORE AGREEING TO PARTICIPATE IN BLOWOUTJEWELRYDEALS.COM AFFILIATE PROGRAM (THE “AFFILIATE PROGRAM”). YOUR PARTICIPATION IN THE BLOWOUTJEWELRYDEALS.COM AFFILIATE PROGRAM IS CONDITIONED UPON YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY SELECTING THE “ACCEPT” BUTTON AT THE BOTTOM OF THE ONLINE APPLICATION, YOU ARE ENTERING INTO A LEGAL AGREEMENT WITH BLOWOUTJEWELRYDEALS.COM, FORMALLY INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT SELECT THE “ACCEPT” BUTTON AT THE BOTTOM OF THE ONLINE APPLICATION.

Introduction

The Blowout Jewelry Deals Affiliate Program Agreement (this “Agreement”) contains the terms and conditions of the Blowout Jewelry Deals Affiliate Program. Defined terms in this Agreement are as follows: (a) “we”, “us “or “our” shall mean “Blowout Jewelry Deals”; (b) “you” or “your” shall refer to the applicant for participation in the Affiliate Program, and, upon acceptance of your application, the Affiliate; (c) “our website” refers to www.blowoutjewelrydeals.com; (d) “your website” shall mean the website from which you link to our website; (e) “Affiliate” refers to a member of our Affiliate Program; (f) “Affiliate Site” shall mean the website of an Affiliate of Blowout Jewelry Deals; (g) “User” shall mean a customer who links from your website to our website; (h) “Products” shall mean any merchandise for sale by us and does not include items offered for sale by third parties; (h) “Program” or “Affiliate Program” means the Blowout Jewelry Deals Affiliate Program; and (i) “Link” or “Links” shall refer to any advertisements, buttons, and all other links that are direct links to any page on our website.

Program Enrollment

To participate in the Program, you must complete the Blowout Jewelry Deals Online Application (the “Online Application”) and accept the terms and conditions of this Agreement. Upon completion of your application and acceptance of our Terms and Conditions, you will be notified by us shortly whether or not we have accepted you as an Affiliate.

Approval Guidelines

We reserve the right to reject any application that we find unacceptable for any reason. If we temporarily reject your application, you may reapply to be an Affiliate at any time. If we permanently reject your application, you may not reapply to the Program. We reserve the right to terminate an agreement with an Affiliate at any time. Any Affiliate using coupons or promoting Blowout Jewelry Deals on a coupon, rebate, or any such discount on their Affiliate Site will be terminated from our Affiliate Program and forfeits all unpaid commissions. This prohibition on sales, rebates or discounts does not affect any Affiliates that own content sites or have privately received coupons directly from a Blowout Jewelry Deals Affiliate Manager.

Term of Agreement

The term of this Agreement begins upon our acceptance of your Online Application, and will end when terminated by either party. Either party may terminate this agreement at any time by giving the other party a Notice of Termination.

a. If this Agreement is terminated either because you have violated the terms of this Agreement, or because your website is determined by us to be objectionable, you will not receive any Referral Fees or Commissions earned prior to the termination.

b. If the Agreement is terminated for any reason other than objectionability, you will receive Referral Fees and Commission up to the date of termination provided that Product orders are not canceled or returned. We reserve the right to withhold final payment to you to ensure that the Product order is completed and not cancelled or returned, and to ensure that the correct amount is paid to you.

Linking Requirements

a. When you are accepted as a Blowout Jewelry Deals Affiliate, we will provide you with links that will allow users on your website to be linked directly to our website when using the appropriate link. No such link may be changed in any way without our consent. By accepting the terms of this agreement, you agree that you shall cooperate fully with Blowout Jewelry Deals to maintain Links between your website and blowoutjewelrydeals.com. You shall be solely responsible for the content on your website, and will agree to indemnify and hold harmless Blowout Jewelry Deals (including our employees, agents, directors, officers, and affiliated entities) from any claims, expenses, or damages relating to any and all aspects of your website.

b. In accordance with our Terms and Conditions, you agree that you shall not place any link to Blowout Jewelry Deals on your website without the intention of delivering valid sales, applications, clicks or other acceptable compensable actions. You also agree not to use any means to inflate the number of compensable actions (e.g., Java pop-ups, automatic redirecting, hidden frames, etc.). Any Affiliate using any such methods to gain a click or place a cookie on a user’s computer will be immediately terminated from the Blowout Jewelry Deals Affiliate Program and forfeits any outstanding commissions.

Affiliate Responsibilities

As an Affiliate, you will be solely responsible for the development and operation of your website, and for all of its contents, including links. You will ensure that any materials on your website do not violate or infringe on the rights of any third party, and that the materials on your website are not in any way defamatory or illegal. Blowout Jewelry Deals disclaims any responsibility should you use a third party’s proprietary materials without their express written permission. You will defend, indemnify and hold harmless Blowout Jewelry Deals from any claims, damages, expenses, or other liability relating to the contents of your website, including any legal fees and costs that Blowout Jewelry Deals may incur as your result of your actions or activities.

Order Processing

All orders will be handled by Blowout Jewelry Deals. We will process orders from any users directed by you through your website/ social channels, but we reserve the right to reject any orders that do not comply with our standards and requirements. Blowout Jewelry Deals will be solely responsible for all aspects of order processing and fulfillment. We currently provide shipping only to addresses in the U.S.

Blowout Jewelry Deals will be responsible for tracking the products sold to users directed from your website to blowoutjewelrydeals.com. We will provide you with reports summarizing your sales activity of our products as we see fit. You are responsible for making certain that the links between your website and blowoutjewelrydeals.com are properly maintained. We reserve the right to change the prices of any or all of our products at any time without notice. We cannot ensure that any product will be available to the user, or that a stated price posted on our website for a product will be up-to-date.

Policies

All users purchasing through the Affiliate Program will be customers of Blowout Jewelry Deals, and all of our policies, rules, and procedures with respect to customers and sales will therefore apply to all such users. We may, at any time and without notice, change our policies, rules and procedures.

Referral Fees and Commissions

The commission structure of the Blowout Jewelry Deals Affiliate program is as follows:
– Earn flat 8% of every sale you generate for silver jewelry, diamond jewelry, gold jewelry. Increasing or decreasing the revenue share percentage will remain at our sole discretion. blowoutjewelrydeals.com will also provide special promotional commissions for special events, product categories or periods of time at our sole discretion. Approximately thirty days after the end of each calendar month during the term of this agreement, we will pay the referral fees due for the month. All referral fees will be paid in United States Dollars. Payment schedule may vary during Christmas and Valentine’s periods. We will have no obligation to pay any Referral Fee for orders that are

  • cancelled or returned
  • placed after the termination of this Agreement.

All referral fees previously paid with respect to orders that are cancelled or returned shall be deducted from the next payment due.

Ineligible Commission

You will not be eligible for commission in case of the following:

  • A customer comes to blowoutjewelrydeals.com through your link but purchases using a “discount code” or a “reference code” that discounts their purchase, unless the code is provided to you directly from the blowoutjewelrydeals.com affiliate managers.
  • A customer comes to blowoutjewelrydeals.com through your link and does not purchase anything and then returns to blowoutjewelrydeals.com via another affiliate or partner at a later date and then makes a purchase, the second affiliate will receive commission for the sale.
  • A customer comes to blowoutjewelrydeals.com through your link and returns after 45 days by entering our URL directly, then you will not receive commission for that later purchase.
  • If the customer cannot be tracked for any reason, by our online ordering system.
  • If the customer prevents cookies from being saved on his or her hard drive.

Licensing

a. You hereby agree to display the Blowout Jewelry Deals logo on your homepage or other promotional area on your website. We grant you a non-transferrable, revocable, non-exclusive, limited license (your “Affiliate License”) to use our logo, the Blowout Jewelry Deals name, URL, and trademarks on your website, as well as any other Blowout Jewelry Deals intellectual property as Blowout Jewelry Deals deems appropriate (collectively, the “Licensed Trademarks”).

b. You agree that your Affiliate License to use the Licensed Trademarks is limited, and that Blowout Jewelry Deals maintains all title, ownership, interest, and rights thereto. Your use of such Licensed Trademarks must comply with our usage policies.

c. You will not take any action in violation of our ownership of the Licensed Trademarks, including but not limited to, applying for registration of the Licensed Trademarks—or any similar marks or copyrighted material. You agree not to engage in or become involved in any activity that diminishes the image or reputation of Blowout Jewelry Deals. Likewise, you will not use the Licensed Trademarks in any way that may tarnish our name.

d. We reserve all of our rights to the Licensed Trademarks and to any other intellectual property provided to you under this Agreement. In the event of termination of this Agreement, you will have no further rights in or to the Licensed Trademarks.

e. You will not be a party to the distribution of any materials referring to us or using any of the Licensed Trademarks without first submitting the material to us and receiving our written consent to your use thereof. We may revoke your license at any time.

f. Your Affiliate License terminates either upon the earlier of the date of expiration of this Agreement or upon the termination hereof by either party hereto.

Non-Exclusive Limited License and Use of Affiliate Logos and Trademarks

You grant us a non-exclusive license to utilize your names, titles, logos, trademarks and URLs (collectively, the “Affiliate Trademarks”) to promote, advertise, and market you as a Blowout Jewelry Deals Affiliate.

a. You guarantee that you are the exclusive owner of the Affiliate Trademarks, and have to right to grant us the license to use them, and that such usage does not conflict with any other agreements applicable to you or binding upon you. You further guarantee that this Agreement between you and Blowout Jewelry Deals does not infringe upon any trademark, service mark, copyright, or other proprietary right of any other person or entity.

b. Use of Blowout Jewelry Deals Trademarks on Third-Party Websites. Affiliate agrees not to attempt to acquire or bid on the Licensed Trademarks or variations thereof, including (but not limited to) Blowout Jewelry Deals, blowoutjewelrydeals.com, etc. within any and all paid-inclusion, pay-for-placement and other search engines. Also, Affiliate may not claim to be blowoutjewelrydeals.com in any such entities, and must clearly and openly state the nature of Affiliate’s relationship with Blowout Jewelry Deals. Affiliates violating this policy may be terminated with notice, and will therefore forfeit all outstanding or future commissions as of the date of said termination.

c. Ownership. Links and User data collected as a result of this Agreement are the property of Blowout Jewelry Deals. We are the sole owners of all right, title, and interest in and to the Licensed Trademarks and any and all User data. You are the sole owner of all right, title and interest in and to the Affiliate Trademarks.

Agreement Modification

Blowout Jewelry Deals may choose to modify any of the terms and conditions contained in this Agreement at any time by posting a change notice or new agreement on our website. Notice of any change to this agreement delivered by e-mail, to your mailing address in our records, or by posting a new agreement on our website is considered sufficient notice of any changes to the terms and conditions of this agreement. Modifications include (but are not limited to) changes in available referral fees, commission schedule, payment procedures and affiliate program rules. Any changes shall take effect 48 hours after we serve notice, unless we indicate otherwise. If a change in the agreement is unacceptable to you, your sole recourse is to terminate the agreement. Continued participation in the Affiliate Program following our posting of any changes will constitute your acceptance of any and all such changes.

Relationship of Parties in this Agreement

Both you and Blowout Jewelry Deals shall be independent contractors, and nothing in this agreement creates any sort of partnership, joint venture, or other relationship except as specifically outlined in the Agreement.

SPAM

Affiliate guarantees that Affiliate will not use unsolicited commercial email (SPAM) in any way. Participation in our Affiliate Program includes your unconditional agreement to abide by our strict anti-SPAM policy. The use of SPAM will be cause for immediate termination of this Agreement.

Email Terms and Conditions

Use of any lists compiled by means of automated tools is strictly prohibited, including but not limited to all manner of scanning for email addresses, whether the scan was targeted or not. Purchase of lists is also forbidden. You must use valid email headers in all correspondence, whether email or in any other format. You must provide the URL of the “opt-in/opt-out” system used to every User, and inform them that all emails from you can be stopped by visiting the opt-in/opt-out site. When you are contacted by a user to be removed from your email list, you must do so within 96 hours and you must send the opting-out user an email confirming their removal from the list. Violation of Blowout Jewelry Deals’ email policy as set forth in these terms and conditions will result in the termination of your Affiliate relationship with Blowout Jewelry Deals, and all commissions from the offending emails forward will be forfeited.

Liability

Blowout Jewelry Deals will have no liability of any kind from issues relating to any interruptions or errors on our website. We will have no liability for any kind of damages or lost revenue, data, or profits with respect to this Agreement or the Affiliate Program. Under no circumstances will Blowout Jewelry Deals be responsible for damages arising from the Affiliate relationship created pursuant to this agreement, even if we were advised of the possibility that damages may arise or that losses may be incurred. In no event shall Blowout Jewelry Deals’ liability with respect to or arising from the affiliate relationship between Blowout Jewelry Deals and you exceed the amount of commissions and referral fees paid by us to you hereunder.

Warranty Disclaimers

Blowout Jewelry Deals hereby disclaims, and you hereby release us from, any and all liability for any interruptions in service as they relate to the links and/or our website. All links and licensed trademarks are provided to you without warranty of any kind. Blowout Jewelry Deals offers no warranty that our website or products will be without error, that they will function without interruption, or that any errors will be corrected. We make no warranty regarding the Blowout Jewelry Deals Affiliate Program, including and without limitation, any implied warranties of title, non-infringement, merchantability, or arising out of performance, dealing, or usage of trade. If, as a matter of law, we may not disclaim any warranty, the scope of that warranty will be the minimum permissible under the applicable law.

Indemnification

You agree to indemnify and hold harmless Blowout Jewelry Deals (including, but not limited to our officers, directors, agents, affiliates, employees, stockholders, and successors) from any and all losses, liabilities, claims, damages, and expenses (including attorneys’ fees) of any nature insofar as those damages are a result of: any claim that our use of the Affiliate Trademarks infringes on the rights of any third party; the breach of any representation made by you in this Agreement; or any claim related to your website.

Affiliate Representations and Warranties

You hereby represent to us that this Agreement has been executed and approved by your authorized agents, and that this Agreement is validly executed and delivered by you, and constitutes your legal and binding obligation, and that the execution of any and all aspects of this Agreement are within your legal power and capacity. You further guarantee that entering into this Agreement and your Affiliate relationship with Blowout Jewelry Deals does not require the approval or consent of any other persons or entities, and does not violate any rules, regulations, laws, or judgments to which you are subject, and does not violate the terms of any other agreements to which you are bound.

Independent Investigation

You acknowledge that you have read this Agreement in full, and that you agree to its terms and conditions. You agree that we may, at any time and at our sole discretion, solicit customer referrals under terms that may differ from those delineated in this Agreement. We may also, at any time, create or operate websites that are competitive with your own website. Further, you are stating that you have independently investigated the value of participating in the Blowout Jewelry Deals Affiliate Program and understand all terms and conditions as set forth in this Agreement.

California Affiliates

a. Affiliate is prohibited from directly or indirectly engaging in any solicitation activities in California that refer potential customers to Blowout Jewelry Deals including, but not limited to, distributing flyers, coupons, newsletters and other printed materials or electronic equivalents, verbal soliciting (for example, in-person referrals), initiating telephone calls, and sending emails on behalf of Blowout Jewelry Deals;

b. Affiliate agrees to complete the California Annual Certification of No Solicitation or any other document that satisfies the requirements of Regulation 1684 that certifies annually, under penalty of perjury, that Affiliate has not engaged in any prohibited solicitation activities in California at any time during the previous calendar year;

c. Affiliate will timely complete and forward a pdf of said California Annual Certification of No Solicitation form to Blowout Jewelry Deals so that Blowout Jewelry Deals can complete the Additional Statement from Organization on its own behalf; and

d. Both Affiliate and Blowout Jewelry Deals will retain the originals of their completed Annual Certification forms or other documents satisfying the annual certification requirements of Regulation 1684 for a minimum of eight (8) years.

Bidding on Blowout Jewelry Deals

You are prohibited from bidding on ‘blowoutjewelrydeals.com’ brand name keywords and key phrases. Any use will result in debiting your commissions for the transaction(s) and possibly terminating our partnership.

If you have any further questions at any point in time, please do not hesitate to contact us through email at support@blowoutjewelrydeals.com. We look forward to our business partnership, helping you meet, and exceed, your goals.

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