Stockroom.com Affiliate Program

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Terms and Conditions
	NON-EXCLUSIVE ONLINE AFFILIATE AGREEMENT This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Affiliate Program (the "Program"). As used in this Agreement, "we" means The Stockroom, Inc., and "you" means the Affiliate. "Site" means a World Wide Web site and, depending on the context, refers either to The Stockroom, Inc.'s site ("Stockroom site") or to the site from which you will link to The Stockroom ("Affiliate site"). "Customer" means an individual or entity other than you. 1. Enrollment in the Program To begin the enrollment process, you must submit a completed Program application available on our site. We will evaluate your application and will notify you of your acceptance or rejection. Among other reasons for rejection, we may reject your application if we determine, in our sole discretion, that your site is unsuitable for the Program. Unsuitable sites include, without limitation, those that: . promote or display sexually explicit materials involving minors . promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age . promote illegal activities . violate intellectual property rights. . promote violence or display scenes of non-consenting violence between adults Should you be accepted into the Program and subsequently change your site so that it becomes unsuitable for the Program, this Agreement will terminate immediately and all commissions will be forfeited. 2. Links on Your Site 2.1 Link to Affiliate Site You may provide a link on your site to our Affiliate site in a format to be approved by The Stockroom, Inc.. We will provide you with guidelines and graphical artwork to use in linking to our Affiliate Site. 2.2 Banners Banners will be provided by The Stockroom for linking purposes. Banners not provided by The Stockroom are unacceptable for this purpose and will result in termination of the Agreement. 2.3 Product You may select one or more of our products, product categories or sub-categories to list on your site. For each selected product, an approved picture or image, description, review, other reference, and sell pricing information will be furnished by The Stockroom, Inc. 3. Order Processing We will process, authenticate and complete product orders placed by customers through the Affiliate site to The Stockroom. We also reserve the right to reject orders. We will be responsible for all aspects of order processing and fulfillment for authentic and complete orders. Among other things, we will prepare order forms; evaluate credit worthiness; process payments, cancellations, and returns; and handle customer service. We will track sales made to customers who purchase products generated from your site to the Affiliate site and will send you reports summarizing this aggregate and anonymous sales activity. The form, content, and frequency of the reports may vary from time to time at our sole discretion. You agree that we shall own all such information and that you will not rent, sell, loan, barter, share or otherwise transfer or disclose such information to any third party without our prior written consent or in violation of any legal requirement. To permit accurate tracking, reporting, and fee accrual, you must ensure that the interface between your site and our site is properly formatted and functioning. 4. Commissions We will pay you commissions on product sales to third parties according to the Fee Schedule. For a product sale to generate a commission, the purchaser must: purchase products through the order processing interface provided to you by The Stockroom, Inc.; accept delivery of the product at the shipping destination; and remit full payment to us (or allow a third party to remit such payment without asserting a chargeback or similar credit). We will not, however, pay commissions on any orders generated directly at The Stockroom, Inc.'s retail site. In addition, products listed in our catalog or in search results as "out of print" or "hard to find" are not eligible for any commissions. Gift certificates are not eligible to earn commissions. Products that are entitled to earn commissions under the rules set forth above are hereinafter referred to as "Qualifying Products." 5. Fee Schedule You will earn commissions based on the sale price of Qualifying Products according to fee schedules to be established by us. "Sale price" means the sale price listed in our catalog and excludes costs for shipping, handling, and taxes. The current fee schedule is: 10% of the sale price for sales of all Qualifying Products for sales up to $3500/month; 20% of the sale price for sales of all Qualifying Products for sales over $3500/month; Plus an additional 5% for webmaster referrals that are new to the Stockroom. ** Please note that Sales Volume does not include shipping, taxes or other fees. Returns, charge backs, etc will be deducted from end of the month totals. 6. Fee Payment We will pay you commissions on a monthly basis. Approximately following the end of each calendar month, we will send you a check for the commissions earned on our products that were shipped during that month, less any taxes that we are required by law to withhold. However, if the fees payable to you for any calendar month are less than US$50.00, we will hold those fees until the total amount due is at least $50.00 or (if earlier) until this Agreement is terminated. If a product that generated a commission is returned by the purchaser, or if there is any type of chargeback for such product, we will deduct the corresponding fee from your next monthly payment. If there is no subsequent payment, we will retain such amount in reserve and apply it against your next subsequent payment. No commissions will be paid on backordered items until such time as those items have been paid for and shipped. 7. Policies and Pricing Customers who buy products through this Program will be deemed to be customers of The Stockroom, Inc.. Accordingly, all The Stockroom, Inc. 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. Limited License We grant you a non exclusive, revocable right to use the images, photographs, descriptions, instructions, and pricing provided as a Program participant and to assist in generating product sales. You may not modify the descriptions, pricing, instructions, or any of our images or photographs in any way. We reserve all of our rights in the descriptions, pricing, instructions, any other images and photographs, our trade names and trademarks, and all other intellectual property rights. The Stockroom content may not be use to promote any site other than the Affiliate Site. The guidelines governing the use of this information are available at www.stockroom.com/affiliates. We may revoke your license at any time by giving you written notice. 9. Emailing In accordance with Stockroom policy, you may send emails announcing your Affiliate Site only to people who have opted-in to receive such email. Unsolicited email (i.e. spam) containing a link to the Affiliate Site will result in immediate termination of this Agreement and forfeiture of all earned commissions. Affiliates must also maintain a high standard of ethics and etiquette when posting on internet newsgroups or participating in other online forums. Posting commercial announcements to newsgroups or other forums in violation of charters or terms of use prohibit such postings may result in immediate termination of this Agreement and forfeiture of all earned commissions, at Stockroom's discretion. (Non-commercial participation in online discussions is generally acceptable and encouraged.) 10. Advertising You may not use any unlawful advertising methods in marketing the Affiliate Site or its products, including but not limited to spam e-mail, junk fax advertising, and any other method of distributing information which is currently unlawful, or which subsequently becomes unlawful in the future. 11. Termination of the 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 notice of termination. You are only eligible to earn commissions on sales of Qualifying Products occurring during the term, and fees earned through the date of termination, which will occur upon the giving of notice, will remain payable only if the related orders are not canceled or returned or if payment for such orders is not charged back. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. 12. Modification We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Modifications may include, for example, changes in the scope of available commissions, fee schedules, payment procedures, and Program rules. 13. 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. 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 aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions payable to you under this Agreement. 15. 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, NONINFRINGEMENT, 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 SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. 16. 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. 17. Miscellaneous This Agreement will be governed by the laws of the United States and the state of California 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 Los Angeles, CA 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 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. PRIVACY STATEMENT Confidentiality is a cornerstone of our business. Stockroom.com is committed to respecting and protecting the privacy of its clients. Unlike many online businesses, we do NOT sell or rent access to customer or affiliate mailing lists or databases to other companies. We will not share ordering information with anyone outside the company, unless compelled to do so by a court order (which has never happened in our 19 years in business). For our customers, we have taken extensive measures to make our online ordering systems secure. All exchange of personal data takes place in secure browser environments, and data is stored in encrypted formats behind a firewall. We employ outside security analysis firms to check our work on a routine basis. All orders from Stockroom.com, GayStockroom.com, Syren.com, and our co-branded affiliate stores are shipped in plain packaging using a return address of "Shipping Manager." Charges to customer credit card statements will appear as "JT's Stockroom - 213-484-3882".
	I have read and agree to the terms and conditions above.

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Terms and Conditions