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CIGARETTE CATALOG


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 Affiliate Program - Term and Conditions


This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the
freetaxdepot.com Affiliate Program (the "Program"). As used in this Agreement, "we", "us", or "our" means freetaxdepot.com or any of our associates, as the case may be, and "you" means the applicant. "Free Tax Site" means the site that has its primary home page identified by the URL www. freetaxdepot.com, and "site" means a World Wide Web site. "Your site" means any site that you will link to the Free Tax Site (and which you will identify in your Program application).

1. Enrollment in the Program

To begin the enrollment process, you will submit a complete Program application via the Free Tax Site. We will evaluate your application and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that:

  • Promote sexually explicit materials

  • Promote violence

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

  • Promote illegal activities

  • Breach intellectual property rights

  • Include "Free Tax," any other trademark of Free Tax depot Stores freetaxdepot.com or its associates, or variations or misspellings of any of them, in their URLs to the left of the top-level domain name (e.g., ".com", ".net", ".uk", etc.)

  • Otherwise violate intellectual property rights.

By participating in the Program you agree that you will not engage in any such activities. 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 (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to participate in the Program.

2. Links on Your Site

Once you have been notified that your site has been accepted into the Program, we grant you a revocable, non-exclusive, worldwide, royalty-free license for the duration of the term of this Agreement, solely for purposes of facilitating referrals from your site to the Free Tax Site, to provide on your site links to the Free Tax Site. You may then provide a link or multiple links on your site(s) to any page of the Free Tax Site as per the guidelines on the "Link to Us" page. Links to the Free Tax Site must be HTML links as opposed to Java script links which may not be tracked by the affiliate program.

You acknowledge that, by participating in the Program and links within your site, we may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Program constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information.

Except for the license granted under this Section 2, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to link formats, technical specifications, guidelines or graphical artwork contained in the Free Tax Site, or with respect to the Free Tax stores. freetaxdepot.com domain name.

You also acknowledge that we may monitor your site for the purpose of ensuring the quality and reliability of Links on your site (for example, to detect links that are broken or non-functional etc.). Therefore, you agree that we may take such actions and that you will not seek to block or otherwise interfere with such monitoring (and that we may use technical means to overcome any methods used on your site to block or interfere with such crawling or monitoring).

You also acknowledge that as a participant in the Program, we may from time to time send you email updates about the Program. By participating in the Program, you consent to our sending you these email updates.

Further, you acknowledge and agree that you will: (a) not use any Content provided by freetaxdepot.com in a manner intended to send sales to any site other than the freetaxdepot.com Site (b) use any data, images, text, or other information obtained by you from us or the Free Tax Site in connection with this Agreement ("Content") only in a lawful manner and only in accordance with the terms of this Agreement; (c) not modify or alter any Content that consists of a graphic image, other than to resize it; (d) not edit any Content that consists of text, other than to shorten its length; and (e) not sell, redistribute, sublicense or transfer any Content.

3. Order Processing

We will process orders placed by customers who follow Links from your site to the Free Tax Site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products by using Links from your site to the Free Tax Site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.

4. Referral Fees

We will pay you referral fees on orders referred through your site. For a sale to be eligible to earn a referral fee, the customer must click-through a Link from your site to the Free Tax Site and purchase goods through the Free Tax site. Your referral information will be recorded on the customer's computer in the form of cookies and will be valid for a period of 90 Days. Referral fees will be paid for all orders received during this 90 Day period from the first time the customer clicks-through a link from your site. We will only pay referral fees on eligible Products after order, payment and shipping have occurred. Although all feasible precautions will be taken by us to ensure the accurate calculation of referral fees, we will not be responsible for referral fees lost due to technical issues on the customer's computers or any other technical issues beyond our control.

Moreover, if the customer clicks a link from another site other than your site during the 90 day period of time, the referral information on the customer's computer will be updated and the new referral's information will be contained in the cookie from that day for the next 90 days and no referral fees will be paid for any orders received from these customers to you past this event.

To permit accurate tracking, reporting and fee accrual, you must ensure that the Links between your site and the Duty Free Site are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between your site and the Free Tax Site are not properly formatted.

In addition, no referral fees will be paid for orders made by customers getting using the travel industry personnel's discount codes to get the travel industry discount.

5. Referral Fee Schedule

During each calendar quarter, for qualifying orders received by the Free Tax site during sessions initiated through Links on your site or by users with active cookies with referral information for your site, you will earn (subject to the other terms of this Agreement) referral fees in accordance with either fee structure described below.

Fee Structure:

Subject to the other terms of this Agreement, you will earn 10% of "Revenue" (revenue derived by us from sales of Qualifying orders received during sessions initiated through Links on your site or by customers with active cookies with referral information for your site, excluding returns and bad debt.

freetaxdepot.com reserves the right to amend these referral fee rates at any given point of time. All affiliates will be informed via email of any such changes.

6. Referral Fee Payment

We will pay you referral fees on a monthly basis. Approximately 10 days following the end of each month, we will send you a check for the referral fee earned by you in that month.

We will only send checks out to full addresses, and these checks will be payable in US dollars respectively. All referral fees are calculated in US dollars.

7. Policies and Pricing

Customers who buy products through this Program will be deemed to be our customers. Accordingly, 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. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

8. Identifying Yourself as an Associate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program.  You may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
 

9. Limited License

We grant you a nonexclusive, revocable right to use the HTML code given on our link to us page and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant. You may not modify the graphic image or text, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.
 

10. Responsibility for 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. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment

  • Creating and posting links on your site to our site 

  • The accuracy and appropriateness of materials posted on your site

  • Ensuring that materials posted on your site 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

  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

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.

11. Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will also comply with all applicable laws that govern marketing email.

12. Anti-Spam policy

As a responsible member of the cyber community freetaxdepot.com maintains a strict policy forbidding any third party from sending any sort of promotional emails (solicited or unsolicited) on behalf of this site or the sites promoted by freetaxdepot.com. This means we go beyond merely prohibiting spamming. To make things even clearer for everybody we don't let anybody else send any emails on our behalf. Thus, freetaxdepot.com affiliates are strictly forbidden from sending emails of any kind whatsoever on behalf of freetaxdepot.com or the freetaxdepot.com promoted sites.

Be aware that spamming activities are a criminal offense in a number of jurisdictions and violate the rules of many network providers. Affiliates must understand that spamming may subject it/him to civil claims for damages, fines and/or imprisonment.

Please note that the only acceptable methods of referring someone to
freetaxdepot.com sites are as described on freetaxdepot.com itself. We terminate affiliates who promote our sites by email and these affiliates face forfeiture of outstanding earnings.

In order for
freetaxdepot.com to operate properly, we encourage all participants in freetaxdepot.com to report any affiliates, websites or other third parties that use illegimate methods to send traffic.

How do we operate?

In every case we receive a complaint regarding one of our direct marketers/affiliates and/or any other third party sending emails on our behalf, our Abuse Team immediately initiates an investigation.

It is important that you understand that the Abuse Team investigates every single complaint we receive! Affiliates/direct marketers found by our Abuse Team to have been promoting this site by email face termination of its/his account with us and possible forfeiture of outstanding earnings.

In extreme cases, our Legal Department is also involved.


 

13. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Program 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. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Free Tax Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on qualifying sales that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

14. Modification

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 the Free Tax Site. Modifications may include, for example, changes in the scope of available referral fees, referral 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 the Free Tax site will constitute binding acceptance of the change.

15. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the 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.

16. 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 referral fees paid or payable to you under this Agreement.

17. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, no infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Free Tax Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

18. Independent Investigation

You acknowledge that you have read this agreement and agree to 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 web sites that are similar to or compete with your web site. 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.

I accept the terms of this agreement

 
 
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