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AFFILIATE AGREEMENT

How to enroll in the Top3D.net Affiliate Program

You apply to participate in the Program by completing our online application. By completing and submitting an application, you acknowledge and agree to all the terms of this Agreement. We will evaluate your application and notify you by email if you have or have not been accepted into the Program. We reserve the right, at our sole discretion, to exclude any site that we feel is inappropriate.


Linking to Top3D.net

You will provide a link on your site to a specific web site address which we will supply to you upon your acceptance in the Program. This link must conform to all the standards set forth in this Agreement.


Order Processing

We will process all product orders placed by customers who follow the link from your site to the Top3D.net site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment including, but not limited to, processing payments, order cancellations, product returns and customer service. We will track sales made to customers who purchase products using the link from your site to our site. To ensure that you receive appropriate credit for sales that originated from your site, it is your responsibility to correctly implement the link between your site and our site. We are not responsible for errors made on your part in using the link.


Commissions

We will pay you a commission for all sales which: - The customer must follow a link from your site to the Top3D.net site. - The customer must purchase a product or products within 60 days of the date they follow the link from your site to the Top3D.net and within that time the customer does not (a) click on the link of another one of our affiliates, or (b) turn off or otherwise disabled the "cookie" set when they clicked on the link. You will not be paid a commission on any item which is returned to us by the customer for a refund. If an item is exchanged and the exchanged item is not subsequently returned for a refund within 30 days, you will be paid a commission on the exchanged item rather than the item returned. You may purchase products during sessions initiated through the links on your site for your own use. However, you may not purchase products during sessions initiated through the links on your site for resale or commercial use of any kind; such purchases may result (in our sole discretion) in the withholding of commissions or the termination of this Agreement.


10% Commission Rate

You will earn commissions based on the sale price of products sold on the Top3D.net online store. "Sale price" means the price shown on our site at the time of purchase and excludes shipping charges and, if applicable, sales taxes. Commissions will be calculated each calendar month. The commission rate is 10% on all qualifying sales.


Payment of Commissions

We will pay you the commissions on a monthly basis. Within twenty (20) days following the end of each calendar month, we will bank wire the commissions you earned during that month. However, if the commissions payable to you for any calendar month are less than $50.00, we will withhold those fees until the total amount due to you is at least $50.00. If this Agreement is terminated, we will send you payment for all commissions you earned, regardless of the amount. If a product that generated a commission is returned to us by the customer, and if we have already paid to you a commission for the sale of that product, we will deduct the corresponding fee from your next monthly payment for that return. If there is no subsequent payment, we will mail you a bill for the amount of the fee. Absent manifest error, the number or amount of sales that are calculated by us in good faith shall be final and binding on you.


Program Policies and Pricing

Those customers who buy products through the Program will be deemed to be customers of Top3D.net. Therefore, all rules, policies, and operating procedures concerning customer orders, customer service, and product sales are defined exclusively by us. We reserve the right to change our product pricing, policies and general operating procedures at any time.


Link Format Requirements

You are required to select and use one of the approved Top3D.net graphical icons we provide. When users click on this graphical icon, you must use the link we supply you with to forward the customer to our site. You may also choose to link to the Top3D.net website by using a text link, and you must use the link we supply you with to forward the customer to our site.


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 product descriptions on your site and linking those descriptions to our online catalog of products. - 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 are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, by participating in the Program, you expressly agree that 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 content of your site. You agree that you will not (a) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; and (b) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.


Terms of this Agreement

The terms 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 or email notice of termination. You are only eligible to earn referral fees on sales of qualifying products occurring during the term of this Agreement, and 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. Upon the 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 Top3D.net 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. This Agreement shall automatically terminate upon filing of any petition under the Bankruptcy Code by or against you, upon any assignment for the benefit of your creditors, or upon your dissolution if you are other than an individual.


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 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.


Relationship of the 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.


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 from this Agreement and the Program shall not exceed the total referral fees paid or payable to you under this Agreement.


Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program. 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.


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.


GOVERNING LAW

The Agreement and any disputes shall in all respects be exclusively governed by and interpreted in accordance with the laws of the United Kingdom. Any dispute in contract or at law arising out of or in connection with this Agreement that cannot be settled amicably shall be submitted to the competent court in the United Kingdom.

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