This Agreement contains the complete terms and conditions that apply to your participation in the Horseville Affiliate Program (the "Program"). As used in the Agreement, "we," "our," and "us" refer to Horseville.com. "You" and "your" refer to the applicant. "Site" means a World Wide Web site, and, depending on context, refers either to Horseville.com or to any site that you will link to our 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 our site. We will evaluate your application in good faith 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 for any reason. Unsuitable sites include (but are not limited to) those that:
* Contain content that is unlawful, threatening, defamatory, obscene or otherwise objectionable;
* Promote sexually explicit materials;
* Promote violence;
* Promote discrimination based on race, sex , religion, nationality, disability, sexual orientation or age;
* Promote illegal activities;
* Are not written in English;
* Violate or infringe upon intellectual property rights;
* Are not in English
If we reject your application, you are welcome to reapply to the Program at any time. If we accept your application, we reserve the right to terminate this Agreement if we ever determine that your site is unsuitable for the Program for any reason.
We will not tolerate the sending of unsolicited bulk emails which promote, or make reference to www.horseville.com, or any of its associated companies, Partners or employees. Other prohibited forms of advertising include postings to non-commercial newsgroups and cross-postings to multiple newsgroups at once. In addition, Affiliates may not advertise in any way that effectively conceals or misrepresents their identity, their domain name or their return email address. Nor shall affiliates use artificial means to promote their affiliate links including incentive based clicks, traffic exchange programs, forced pop ups or other incentive based services.
Any Affiliate who, in our opinion, breaches this ruling will have their Affiliate status cancelled immediately and any and all outstanding commissions WILL BE FORFEITED.
Stay safe. Don’t SPAM.
2. Program Links
Once you have been notified that your site has been accepted into the Program, you may provide on your site one or more of the following types of links to Horseville.com.
* Product Links: A "Product" is any product listed on our site that is fulfilled by us. For each product you select, you will display on your site a short description, review or other reference. You will provide a Special Link from each Product reference on your site to the corresponding Horseville.com on-line catalog entry. Each such link will connect directly to a single item in our on-line catalog. You may add or delete Products (and related links) from your site at any time without our approval.
* General Link to Horseville.com: You may provide a general link on your site to our complete selection of Products at
Code for links to Horseville.com will be provided through a password protected site maintained for us by AffiliateShop.com. You may choose which links to place on your site from the icons or text links provided in your Affiliate Account. Only those icons shown in your account may be used. Using links other than those provided cannot be tracked and will not earn commissions.
3. Order Processing
We will process product orders placed by customers who purchase products from Horseville.com using the special links on your site. We reserve the right to reject orders that do not comply with any and all of our 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, returns and handle customer service.
4. Sales Tracking
We will rely on AffiliateShop to track sales made to customers who purchase products using the special links on your site. AffiliateShop will make available to you the sales activity, as well as reports regarding end-user impressions and click throughs, at its site. You and we each agree to rely on, and not to challenge or dispute, the sales tracking and other information that AffiliateShop compiles in connection with the Program, which will bind both you and us for all purposes under this Agreement.
You will earn a 10 percent commission on all products shipped to customers who purchase products from Horseville.com through your site. All sales exclude any taxes or shipping costs that we may charge. We will pay all commissions that accrue on a monthly basis, within thirty days after each month end. If the commissions that accrue in any month total less than $25.00, we will hold the commissions and pay them to you 30 days after the end of the first month in which aggregate accrued but unpaid commissions total $25 or more. If a customer returns or receives a refund or credit for a product that generated a commission under this paragraph, we will deduct that commission from your next monthly payment or payments. If no further payments are due under this Agreement, we reserve the right to send you a bill for any commissions associated with returned products. As with sales tracking information, we have engaged AffiliateShop to calculate the commissions that you will receive under the Program, and AffiliateShop’s commission calculations will bind both you and us for all purposes under this agreement.
6. Policies and Pricing
All customers who buy products through the Program are customers of Horseville.com. Accordingly, all Horseville.com rules, policies and operating procedures concerning customer orders, customer service, pricing and product sales will apply to those customers. We may change our policies and operating procedures at any time, in our sole discretion. Product prices and availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
7. Limited License
We grant you a nonexclusive, revocable right to use Horseville.com and any other images or text that we may provide to you solely for the purpose of identifying your site as a Program participant and to assist in generating product sales through the Program. You may not modify Horseville.com, our logo, or any other graphic images or text that we may provide you in any way. We reserve all our rights in Horseville.com, all such graphic images, text, our trade names and trademarks and all other intellectual property rights. You agree to follow our instructions respecting the use of our trademarks and those instructions may change from time to time. We may revoke your license at any time by giving you written notice.
8. Responsibility for Your Site
You will have sole responsibility 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. 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 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 obscene, defamatory, libelous or otherwise illegal. We disclaim all liability for all matters relating to the development, operation, maintenance and contents of your site.
You will indemnify, defend and hold us harmless against any and all claims, lawsuits, damages, and expenses (including, without limitation, attorneys’ fees) that we may or that anyone may assert as a result of (1) our use of any trademarks, logos, graphic images, text or other materials that you may provide to us or allow us to use under paragraph 3; or (2) anything occurring on your site or arising from the development, operation or maintenance of your site.
10. Terms 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 and for any reason by giving the other party written notice of termination, which may be via email but must be responded to with a reply, stating receipt, within 48 hours. Upon the termination of this Agreement for any reason, you will immediately cease using, and remove from your site, all links to our commerce server, all Horseville.com trademarks, trade dress and logos and all other materials that we may have provided to you or allowed you to use in connection with the program, and we will immediately cease using, and remove from our site, all trademarks, logos, graphic images, text or other materials that you may provide to us or allow us to use under paragraph 3. You are eligible to earn only those commissions that may accrue under paragraph 5 during the term of this agreement, and commissions earned through the date of termination will remain payable only if the customer does not cancel the order, return the products purchased or receive a refund or credit. We may withhold your final payment for a reasonable time to ensure payment of the correct commission amount.
We may modify any of the terms and conditions contained in the Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. All such modifications will take effect at the time we specify or, if we specify no such time, immediately upon their posting on our site. 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 evidence your binding acceptance to the change.
12. Relationship of Parties
You and we are independent contractors, and noting in the 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.
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 merchantability, fitness for a particular purpose or no infringement, or any implied warranties arising from a course of performance, dealing or trade usage). In addition, we make no representation that the operation of our site or our commerce server will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
14. 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 total 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.
15. 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 not set forth in this Agreement.
This Agreement will be governed by the laws of the United States and the State of Wisconsin, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Milwaukee, Wisconsin, and you irrevocable consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will bind, insure 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.
E-mail: affiliates at horseville.com, Phone: 1-888-886-5248. Mail: Horseville Internet Services, 893 S. Main St, STE 138, Englewood, OH 45322.
We will only use the information you submit to maintain your account. That is, to make your commission payments and to communicate changes in our product offerings. We will not email you with any other company’s products. We will notify you of new banners or text links to facilitate promotion of Horseville.com products. We do not now nor will we in the future, sell, rent or otherwise make your personal information available to anyone.
Thank you for taking the time to ready the Affiliate Agreement. We look forward to working with you. By signing up for our Program, you are in effect, agreeing to the above Affiliate Agreement.