Custom Avenue - Partner Program Terms

Partner Program Terms

CustomAvenue.com Partner & Affiliate Program Agreement

This program covers all stores and sites in the Custom Avenue network.

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the CustomAvenue.com Affiliates Program (the "Program"). As used in this Agreement, "we" means CustomAvenue.com, and "you" means the applicant. "website" means CustomAvenue.com's website located at CustomAvenue.com.

1. Enrollment In The Program

Applicants are automatically approved. However, we will evaluate your application in good faith and will notify you if, for any reason, you are rejected. We may reject your site if we find that it does not conform to the ideals of the greater CustomAvenue.com community, including any of the following reason:

    * Promotes violence and hate.

    * Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

    * Promotes illegal activities.

    * Otherwise violates intellectual property rights

* Is not the type of site that we want as a partner.

If we reject your website you are free to contact us to discuss the reasons why you were rejected. We may terminate this Agreement after approval if we deem that your site is not maintained or has changed in ways that are not compatible with CustomAvenue.com.

2. Links On Your Website

Once you have been accepted into the Affiliate Program, you may link to our website with one or more of the following ways:

* Product Links

* Category Links

* Search Box Link

* General Link

* Widget

* Gadget

* Installed Code Blocks

* Full Studio Integration

* Template Integration

* Other

To permit accurate tracking, reporting, and commission fee accrual, we will provide you with special "tagged" link format to be used in all links between your website, email or blog and our Website. You must ensure that each of these links between your website and our website properly utilizes such special link formats. You will earn commission fees with respect to all product purchases on our Website generated from that “tagged” link.

In addition, you may not:

(a) Misrepresent CustomAvenue.com brand including URL, logos, trademarks and tradenames.

(b) Engage in indiscriminate or unsolicited commercial advertising emails.

(c) Cause or enable any sales to be made that are not in good faith, including, but not limited to, by means of any device, program, robot, Iframes, hidden frames, and redirects.

In our sole discretion, if it is determined that you have engaged in any of the foregoing activities, or for any ethical or moral reason, we may withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.

3. Order Processing

We will process product orders placed by customers who follow special links from your website, email or blog to our website. 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 all customer service. We will track sales made to customers who purchase products using special links from your website to our website 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 at our discretion.

4. Commission Fees

We will pay you (in accordance with Sections 5 and 6 below) commission fees on product sales to third parties. For a product sale to be eligible to earn a commission fee, the customer must follow a special link from your website to our website, select and purchase the product using our automated ordering system, accept delivery of the product at the shipping destination, and remit full payment to us.

5. Commission Fee Schedule

You will earn commissions based on qualifying revenues established by us. "Qualifying revenues" are revenues derived by us from our sales of qualifying products including apparel, posters, prints, bumper stickers stamps, and other products offered on our website. “Qualifying revenues” do not include shipping & handling, taxes, or service charges.

CustomAvenue.com pays commissions monthly. At the end of each month we will add all of your sales together for that month and arrive at your commission percentage.

Each time you refer a visitor to CustomAvenue.com and they complete a valid purchase, you earn commission on that sale. If the visitor does not purchase immediately, but comes back within 90 days and purchases, we will credit you with the sale.

CustomAvenue.com will also pay you commission on sales made by all websites you recruit to the CustomAvenue.com Program. To qualify, the websites you recruit must reference your account number or website id when they fill out our affiliates application. This reference can be made manually whereby the applicant enters your account aumber or website id into the field marked "Referrer Account Number or Website ID" on the affiliates application or automatically using our recruitment banners that contain special links.

Affiliates that sign-up for the CustomAvenue.com Affiliates Program must have a valid URL that they are responsible for.

6. Commission Fee Payment

We will pay you commission fees on a monthly basis. 30 days following the end of each calendar month, we will send you a check for the commission fees earned on your sales of Qualifying Products that were sold during that month, less any taxes that we are required by law to withhold. However, if the commission fees payable to you for any month are less than $25.00 we will hold those commission fees until the total amount due is at least $25 or until this Agreement is terminated. If a Product that generated a commission fee is returned by the customer, we will deduct the corresponding commission fee from your next monthly payment. If there is no subsequent payment, we will send you a bill for the commission fee.

7. Policies And Pricing

Customers who buy products through this Program will be deemed to be customers of CustomAvenue.com. All of CustomAvenue.com's rules, policies, and 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. 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 Affiliate

You may not make any press release with respect to this agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion. Please review our rules regarding affiliate communications and promotion. In addition, 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.

9. Limited License

We grant you a nonexclusive and revocable right to use graphic images and text from our website and such other images for which we grant express permission, solely for the purpose of identifying your website as a program participant and to assist in generating product sales. 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 notice.

In addition, we grant you a nonexclusive and worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating links connecting your website to the CustomAvenue.com's websites and promoting our products for sale.

10. Responsibility for your Website

* Creating and posting product descriptions on your website, email or blog and linking those descriptions to our catalog

* The accuracy and appropriateness of materials posted on your website, email or blog.

* Ensuring that materials posted on your website, email or blog 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 website, email or blog are not libelous or otherwise illegal.

11. Resale and Special Incentive Restrictions

You may not purchase products during sessions initiated through the links on your website for resale or commercial use of any kind. This includes orders for customers or on behalf of customers. Such purchases may result (in our sole discretion) in the withholding of commission fees or the termination of this agreement. Products that are eligible to earn commission fees under the rules set forth above are referred to as "qualifying products."

In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using special links on your website, email or blog to access our website (e.g., by implementing any "rewards" program for persons or entities who use special links on your website, email or blog to access our website). If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, we may (without limiting any other rights or remedies available to us) withhold any commission fees otherwise payable to you under this agreement and/or terminate this agreement.

12. 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 website, email or blog all links to our website, product images from our database, and all CustomAvenue.com 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 only eligible to earn commission fees on our sales of qualifying products occurring during the term, and commission 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.

13. 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 our website. Modifications may include, for example, changes in the scope of available commission fees, commission fee schedules, payment procedures, and program rules. In the event of substantive changes to the terms of this agreement, you will be contacted by email. Substantive changes include changes in the commission schedule, bonus ratesyou're your websites, and commission rates for websites you recruit. 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 website will constitute binding acceptance of the change.

14. 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 unless otherwise provided in this agreement. 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 website or otherwise, that reasonably would contradict anything in this Section.

15. 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 fees paid or payable to you under this agreement.

You hereby agree to indemnify and hold harmless Custom Avenue, LLC and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (a) any claim that our use of the Affiliates Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (c) any claim related to your website, email or blog including, without limitation, content therein not attributable to us.

16. 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, non-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 our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

17. 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 WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. 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.

18. Miscellaneous

This Agreement will be governed by the laws of the United States and the state of Colorado , 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 Denver , Colorado , and you irrevocably consent to the jurisdiction of such courts. 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. 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.

Partner & Affiliate Contact Information:

Email: This email address is being protected from spam bots, you need Javascript enabled to view it
Phone: 800.930.2818

Mail: Custom Avenue
18329 East Mainstreet
Parker, Colorado 80134

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