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Affiliates Program

OPERATING AGREEMENT

ASIAFORKIDS.COM (AFK.COM) AFFILIATE PROGRAM AGREEMENT. This Agreement contains the terms and conditions to apply to an individual's or an entity's participation in the Asiaforkids.com Affiliate Program (the "program"). As used in this Agreement, "we", "us" or "our" refers to Master Communications, Inc., "you" or "your" refer to the applicant, "Participant" shall mean an applicant which has been approved to be a participant with the Affiliate Program," sponsoring Web site" refers to the World Wide Web site from which you will link to Asiaforkids.com, "product" refers to any item listed for sale in the Asiaforkids.com Web site, and all dollars ($) shall mean United States dollars.

Enrollment in the Affiliate Program

To begin the enrollment process, you will submit a complete Asiaforkids.com Affiliate Program application via our site. Your application will be accepted in good faith, and you will receive an acceptance e-mail including your unique source key identification. We reserve the right to remove you from the program at any time without prior notice if it comes to our attention that, in our sole discretion, your site is unsuitable for the program. Unsuitable Web sites include sites that:

  • Promote violence
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promote unlawful activities
  • Promote the use of bulk e-mail or spam
  • Promote the use of pyramid schemes
  • Contain content that is threatening, defamatory, fraudulent, obscene or harassing
  • Violate intellectual property rights
  • Contain nudity or pornographic material
    If you are unsure whether your site meets these criteria, please email us your URL at info@afk.com, and we will be happy to review your site. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.

    Linking Your Site
    You can provide a link to Asiaforkids.com homepage or any other pages using a specially formatted link with a unique Affiliate code, which we would provide to you. The content, style and placement of product descriptions or site description is entirely up to you and will also be entirely your responsibility.

    Order Processing
    We will be responsible for processing every order placed by a customer who utilizes the special link from your sponsoring Web site to our Web site. Order forms, payment processing, shipping, cancellations, returns and related customer service will be our responsibility. All of our rules, operating procedures and policies regarding customer orders and accounts will apply to orders we receive through the special link from your sponsoring Web site. We reserve the right to reject any order for any reason, including any order that does not comply with our rules, operating procedures and policies or that violates applicable law.

    Tracking of Sales:
    We will track sales made to customers who use the unique Affiliate code from your sponsoring Web site. You will be solely responsible for ensuring that your special link includes your unique Affiliate code and is formatted properly, a necessary prerequisite for us to track such sales. Statements of referral product sales activity will be provided to you. All statements after 30 days shall be deemed correct unless you give us notice of any error prior to that date. We shall not be responsible for any errors you or your customers make which result in any loss of any tracking information contained in the special link. To protect our customers' privacy, the names or other personal information about specific customers will not be provided to you.

    Asiaforkids.com Policy Applies to All Orders: Every customer who buys a product through this program is deemed to be a customer of Asiaforkids.com. You do not have the authority to make or accept any offer of purchase on our behalf. All of our policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. We are not responsible for any representations you make which conflict with our policies.

    Product Prices and Availability: The price charged for every product sold under this program will be determined by us according to our own pricing policies. Product prices may vary from time to time, including book, video, music or software publishers' price increases and special discounts offered by us on products that may already be listed by you. You may not specify product prices in your descriptions and our policies will always determine
    the price paid by the customer. Product availability changes frequently and we will endeavor to present our best available information regarding product availability. We cannot guarantee the availability or price of any product.

    Commission Schedule

    For a product sale to be eligible for commission fees, the customer must follow a link specified from your site to our site, select and purchase the Products using our automated ordering system, accept delivery of the Product at the shipping destination, and remit full payment to us. We will not, however, pay referral fees on any Products that are added to a customer's shopping cart or are purchased after the customer reenters our site without using the special link, even if the customer previously followed a link from your site to our site. You will earn commission fees based on Qualifying Revenues according commission fee schedules to be established by us. "Qualifying Revenues" are revenues derived by us from referred purchases from your links, excluding costs for shipping and handling, sales tax charges, gift wrapping charges, credit card processing fees and bad debt.

    Purchase Amount from Affiliate-Generated Purchases in a Quarter

     
    Commission Payable to You (Expressed as a Percentage of Purchase Amount)

    Under $1,000
    $1,000 to $9,000.99
    $10,000 and over
      5%
    7%
    10%

    Your commissions may not be offered, directly or indirectly, in whole or in part, to our customers in the form of rebates, coupons, commissions, refunds or other manner.

    Commission Payment:
    We will send you a commission check for the applicable purchases and a statement of customer purchase activity approximately 30 days after the end of each calendar quarter. Amounts less than $50.00 will be held until the calendar quarter in which the referral fee due exceeds $50.00, or until this agreement is canceled.
    Returns and Cancellations: If a commission product is later returned by the customer, its commission will be deducted from the next quarterly payment sent to you. If there is no next quarterly payment, you will be billed for this amount which is owed to us.

    Responsibility for Your Site
    a. 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
  • creating and posting product descriptions on your site and linking your site to our Web site
  • 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 (except for the required logo under section 7(a), below) 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.

    b. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance and contents of your site.

    c. You agree to display an Asiaforkids.com/Master Communications Affiliate logo or a statement, "Affiliate of AsiaforKids.com" on the sponsoring site homepage or other prominent location of your choice.

    Linking to Asiaforkids.com
    a. Use of special links to Asiaforkids.com: Using a specially formatted link, which includes a unique Affiliate code that we would provide to you, you will provide a special link to an Asiaforkids.com page. You may add or delete links from your sponsoring Web site at any time without our approval.

    b. You can add or remove links at any time: You may select and link to additional pages, or remove such links, at any time and without our prior approval. However, YOU MUST use the correct special link format with the unique Affiliate in order to receive proper credit for your referrals.

    c. You can link directly to the Asiaforkids.com home page: You will receive your referral fee for any product that a user may purchase during that session provided you use the unique Affiliate code provided in your special link.

    d. You agree that you will display one of the graphics or text links approved by us and made available to you via our link and that you will code all links to our website in the manner specified by us.

    e. We grant you a non-exclusive, revocable right to use the icon and such other images for which we grant express permission, solely for the purpose of identifying your site as a program Participant. You may not modify the icon or any of our images in any way. We reserve all of our rights in the icon, any other images, our trade names, trademarks and copyrights and all other intellectual property rights. We may revoke your license at any time by giving you written notice. You may not use such icon and other images in such a way that would harm our image. Upon cancellation or termination of this Agreement, you agree to cease all use of such icon and other images.

    Restrictions on Personal Use
    This program is intended for commercial use only, i.e., paying referral fees for products sold to third parties who follow a special link from your sponsoring Web site. Participants who use this program to purchase products for their own use are in violation of the agreement. Asiaforkids.com may, in its sole discretion, terminate this agreement and/or withhold payment of referral fees if we find that such personal use has occurred.

    General Provisions
    a. Web Site Service Interruption: Asiaforkids.com will make every effort to keep its Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. You agree not to hold us liable for any of the consequences of such interruptions.

    b. Term of the Agreement: You may only receive referral fee payments for orders that are properly placed during the term of this agreement. This term will begin on the date that we notify you that you have been pre-approved as a program Participant and shall end when canceled or terminated by either party as provided below. Unless otherwise canceled or terminated, the agreement will be for 1 year and renewed quarterly. Referral fees earned through the date of cancellation or termination of this agreement will remain payable only if the products are not returned or canceled from their orders. Payment of the final referral fee payment to you may be withheld for a reasonable time in order to ensure that the correct amount is paid.

    c. Modifications: 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 our 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.

    d. Cancellation of This Agreement: Either party may choose to cancel or terminate this agreement at any time and for any reason by written notice of cancellation or termination to the other.

    e. WARRANTY DISCLAIMER: WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS WITH REGARD TO THE PROGRAM OR ANY PRODUCTS SOLD THEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. 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.

    f. LIMITATION OF DAMAGES: WE SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM SHALL IN NO EVENT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE BY US TO YOU UNDER THIS AGREEMENT.

    g. Independent Contractors: You are an independent contractor and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship with us.

    h. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Ohio, excluding its conflict of laws principles. Any lawsuit relating to this Agreement must be brought in the federal or state courts located in Cincinnati, Ohio. i. Headings. The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this Agreements.

    j. Assignment. 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.

    k. Waiver: 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.

    l. Free to Contract with Others: 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.

    m. Independent Investigation: 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.


    BY CLICKING BELOW, I AGREE TO THE ACCEPTANCE OF THE TERMS: I ACKNOWLEDGE THAT I HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ALL ITS TERMS AND CONDITIONS.

    PROCEED TO ON-LINE APPLICATION
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