BOX4BLOX.COM Affiliate Program
Operating Agreement

Please read and then click the link at bottom of this page to sign up

This Agreement, made and entered by and between Simplastix Innovations Ltd, the owner of the BOX4BLOX.com website, whose address is P.O. Box 234, Warkworth, New Zealand, a duly incorporated company, with its registered office at Macnicol & Co, Queen Street, Warkworth, New Zealand, and you, the partner ("you" or "partner" also known as "Affiliate" in Internet marketing industry), contains the complete terms and conditions that apply to your participation in the BOX4BLOX.com Partner Program (the "Partner Program" or "Program").

1. Term of the Agreement

The term of this Agreement will begin upon our acceptance of yourpartner 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. You are only eligible to earn commission on sales occurring during the term between your acceptance and termination.

2. Commission Defined

First Tier. For a sale which BOX4BLOX.com makes as a result of a direct referral by a partner, that partner will receive a commission of $3.00 for each product unit sold.

Second Tier. Partners in good standing may refer potential affiliates to the Partner Program. Referred partners are subject to the same review process as any other partner. The referring partner will receive a commission of $1.00 for each product unit sold by the referred partner.

A commission fee will only be paid to partner after the customer has made payment in full to BOX4BLOX.com for the sale. Any sale returns or credits will function in the same manner, but BOX4BLOX.com reserves the right to deduct commission due to the partner if returns occur. Additional incentives may be offered or withdrawn at any time based on volume.

3. Termination

Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all BOX4BLOX.com trademarks and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

4. Modifications to the Agreement

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 this site and notifying all existing partners by email. Modifications may include, for example, changes in the scope of available commission structure, 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.

5. Enrollment in the Program

To begin the enrollment process, you will submit a complete application from our site. We reserve the right to reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. We will evaluate your application in good faith and, in case of rejection only, will notify you within 72 hours. If we reject your application, you are welcome to reapply to the program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the program, we may terminate this agreement. Your site should:

• a) Generate sufficient traffic to our websites;
• b) Not promote sexually inappropriate materials such as: pornography and/or related sites;
• c) Not promote violence such as: fire arms, terrorists organizations and/or related sites;
• d) Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• e) Not promote illegal activities such as: drugs, contraband, and/or related sites;
• f) Not promote political organizations, gambling/casino, and/or related sites;
• g) Not violate the intellectual property rights of BOX4BLOX.com.

6. Privacy Policy

Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our partners provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its partners.

7. Fraud

If you commit fraud or falsify information in connection with the sale of BOX4BLOX through the links on your site, this Agreement will be terminated immediately. In addition, you will be liable to BOX4BLOX.com for any and all damages that BOX4BLOX.com suffers as a result of such actions. You will also be responsible for returning to BOX4BLOX.com all commissions received for fraudulent/falsified sales, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.

8. Limitation of Liability

We will not be liable for 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 damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commission paid or payable to you under this Agreement.

9. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create a joint venture, agency, franchise, sales representative, or employment relationship between 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 Section. BOX4BLOX.com may cite your name or URL in connection with your participation in the program in materials including but not limited to postings on our site, newsletters, advertisements, and other communications.

10. Payment to Program Partners

• a) Commissions will be paid by means of PayPal. No other payment options are available at this time.
• b) Commissions will be paid in U.S. dollars only.
• c) Commission payments will be made payable to the order of the person and/or company name designated on the partners application at the time of sign-up. Absolutely no exceptions will be made to this rule.
• d) Commissions are accrued on a 30/31 day calendar month.
• e) Commissions are calculated based on the "Total Net Sales Generated" (less shipping & handling charges, taxes, service charges, credit card processing fees, returns, cancellations, charge backs and bad debt) amount for that month. All sales are verified.
• f) Commissions are paid on a monthly basis when the partner's account has reached a minimum threshold of $30.00. Accounts with a balance of less than $30.00 will roll over to the next month.
• g) Commission payments to the partner will be generated no later than the 20th day of the month for the previous calendar month's sales. Should the 20th day fall on a weekend, payments will be made on the next business day.
• g) No commission will be paid if for any reason a partner's referred visitor returns or cancels an order. If the partner has already received commission for a returned or canceled order, the earned commission will be reversed from the partner's account.

11. Tracking of Sales

BOX4BLOX.com will be solely responsible for tracking sales made to customers who follow a partner's links or inputs or mentions the partner's code using the sophisticated, accurate software system called 1ShoppingCart.com. A partner will be solely responsible for ensuring that its links are formatted properly and maintained in a manner that allows BOX4BLOX.com to track such sales. No commission shall be paid if BOX4BLOX.com cannot track the application or if the customer accesses the BOX4BLOX.com other than through the partner's links.

12. Order Processing

BOX4BLOX.com will process orders placed by customers who follow links from your site to BOX4BLOX.com's online store. BOX4BLOX.com shall be responsible for product payments, returns and related customer service issues. BOX4BLOX.com reserves the right, in its sole discretion, to reject an order.

13. Responsibilities of Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You are solely responsible for:

• a) The technical operation of your site and all related equipment;
• b) The accuracy and appropriateness of materials posted on your site (including, among other things, all BOX-4-BLOX.com product-related materials);
• c) Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, copyrights, trademarks, privacy, or other personal or proprietary rights);
• d) Ensuring that materials posted on your site are not libelous or otherwise illegal.

14. Indemnification

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.

15. Limited License

We grant you a nonexclusive, nontransferable, revocable right to access our site through the links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in increasing traffic to BOX4BLOX.com. You may not alter, modify, or change the links in any way. You are only entitled to use the links to the extent that you are a member in good standing of the BOX4BLOX.com Partner Program. We may revoke your license anytime by giving you written notice.

16. Publicity

You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our consent. Direct inquiries to:

email: affiliatesales [at] box4blox.com.

17. Anti-Spam Policy

Partners will be removed from the BOX4BLOX.com Partner Program and forfeit any pending commission if they are caught spamming (unsolicited bulk email marketing). Spamming is not allowed and will not be tolerated.

18. Anti-Predatory Policy

No partner will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the Web users’ access, view or usage of, or other aspect of the Web users’ experience at, any partners web page (as defined below) in a manner that causes or otherwise results in a different experience from that was otherwise intended by such partner. NOTE: No Partner will block, alter, direct or redirect, or substitute, insert or append itself to, or otherwise intercept or interfere in any manner with, any click-through or other traffic-based transaction that originated from a partner web page (including without limitation any return visit to BOX4BLOX.com to which such click-through or other traffic reached or intended to reach) with the result of reducing compensation or other payment earned by or owing to an partner or increasing any payment obligation of BOX4BLOX.com with respect to any individual transaction.

19. Disclaimer

We make no express or implied warranties or representations with respect to the BOX4BLOX.com Web site or the BOX4BLOX.com Partner Program (including, without limitation, warranties of fitness, merchantability, no infringement, or any implied warranties arising out of 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.

20. Miscellaneous

The Laws of the United States of America in addition to foreign treaties with New Zealand will govern this agreement. 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 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 provision or any other provision of this Agreement.

21. Independent Investigation

You acknowledge that you have read this agreement and agree to all its terms and conditions. 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 Joining the Partner Program, I agree to these terms.

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