The Writers Store, Inc. Referrer Program Agreement
As used in this Agreement, "we" means TWS and The Writers Store, "you" means the participant in the TWS Referrer Program, and "product" means any item offered through TWS. "Site" means a World Wide Web site.
TWS REFERRER PROGRAM
The TWS Referrer Program works through a set of programs that identify the source of customers purchasing through our Internet online order system. These programs attach the name of the referring site to the order placed and write a log entry to an activity file, which names the referrer. Commissions will be paid monthly to the referrer as set forth in this Agreement. NO REPORT WILL BE PROVIDED IN CASE NO SALES WERE MADE THROUGH YOUR SITE DURING THE PERIOD.
For a product sale to generate a commission the customer must arrive at our site via special HTML Link (URL) issued to the referrer, accept delivery of the product at the shipping destination, and remit full payment to TWS. Commissions are accrued on item pricing only. No commissions are earned on Gift Certificates. No commissions will be accrued on shipping, local taxes, or customs fees and duties. The commission accrual rate less shipping, taxes, and returned product will be 8% (eight percent).
In case of unpaid checks or credit card charge-backs (disputed or fraudulent charges) the commission for that sale will be deducted from accrued commissions in the month the event is discovered. If the Agreement is terminated prior to the time of charge back or returned check you will be billed for the commission amount paid and you agree to reimburse TWS for these unearned commissions.
Commission payments are made by check sixty days after the closing of the month during which they accrued, and sent by US mail. This delay allows for returns and fraudulent charge card orders to be accounted for toward your commission. Please note that if the fees payable to you for any commission period are less than $10.00, those fees will be held until a minimum payment of $10.00 has been reached. Commission fees and schedules are subject to change within any time and within the sole discretion of TWS.
TWS POLICIES AND PROCEDURES
The policies and procedures of TWS shall be applied to all customers who purchase software and accessories through the TWS referrer program, and that such customers shall be deemed to be the customers of The Writers Store. Therefore, all TWS rules, pricing limits, policies, and operating procedures with respect to customer orders, customer service, and sales will apply to those customers. These policies and operating procedures are embodied in the TWS on-line ordering system. TWS may, at its sole discretion, change our pricing, policies and operating procedures at any time. Should any changes occur which affect Referrer access or payment issues e-mail will be sent to the referring site's contact at least 5 business days before implementation.
ENROLLING IN THE PROGRAM
Please download the TWS Referrer Program Agreement and fax to 310-441-0944 for initial processing. Download or otherwise obtain, complete and sign IRS Form W-9 and mail together with original signed TWS Referrer Program Agreement to The Writers Store, 2040 Westwood Blvd., Los Angeles, CA 90025-6329. Notice of acceptance or rejection will be sent to your e-mail address within 10 business days of receipt of fax. Applications may be rejected, in our sole discretion, with or without cause. Unsuitable sites include, without limitation, the following:
Those that contain or promote sexually explicit materials
Those that contain or promote violence or illegal conduct
Those that contain or promote discriminatory practices, based upon race, religion, age, or sexual orientation
The terms of this Agreement shall remain in full force and effect commencing upon our acceptance of your application, and ending upon termination of the Agreement by either party. Either party may terminate this Agreement, with or without cause, by the delivery of written notice of such intent to terminate at any time. You may only earn referral fees on those sales which occur during the effective term of the Agreement, which sales are not cancelled or returned. Upon termination of the Agreement, we may withhold your final payment for up to sixty (60) days, to insure that all appropriate amounts are deducted from commission fees owed to you, based upon any products that have been returned or fraudulently received, for which you will not be entitled to collect a commission fee.
We reserve the right to modify the terms contained in this Agreement at any time in our sole discretion, which modification will be communicated to you by the posting of an e-mail to the contact person named in the Agreement. If you do not agree with any modifications, your only recourse is to terminate the Agreement. If you choose to continue your participation under the terms of the Agreement, as modified, such continuation shall confirm your acceptance of all such modifications.
The relationship created by this Agreement is that of independent contractors, and nothing herein shall be construed to create any partnership, joint venture, employment, or agency agreement as between the parties hereto. You shall not use the name The Writers Store in any manner, other than as permitted by the specific terms of this Agreement.
LIMITATION OF LIABILITY
You agree that we are not responsible for any damages, whether direct, indirect, general, special, or consequential, in any way arising out of the terms of this Agreement or the Program.
You agree that we have made no warranties or representations, whether expressed or implied, with respect to the Program, or any product sold through the Program. You agree that you have entered into this Agreement based upon your own independent investigation of the same, and you are not relying upon any statements or other representations which we have made in connection therewith.
YOU HEREBY ACKNOWLEDGE THAT THIS IS A LEGALLY BINDING AGREEMENT, AND ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND UNDERSTAND ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL PRIOR TO YOUR EXECUTION OF THIS AGREEMENT, HAVE BEEN GIVEN THE OPPORTUNITY TO DO SO, AND HAVE EITHER DONE SO, OR HAVE KNOWINGLY WAIVED SUCH OPPORTUNITY. YOU FURTHER AGREE THAT YOU HAVE EXECUTED THIS AGREEMENT VOLUNTARILY, AND WITH FULL KNOWLEDGE OF ITS LEGAL SIGNIFICANCE, AND IN SO DOING, THAT YOU ARE NOT RELYING UPON ANY INDUCE-MENTS, PROMISES OR REPRESENTATIONS WHICH WE HAVE MADE.
This Agreement contains the entire integrated Agreement and understanding between the parties and supersedes and replaces all prior negotiations, if any, whether written or oral. 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 and any action relating to this Agreement must be brought in Los Angeles, California. You may not assign this Agreement, whether directly or by operation of law, without our prior written consent, which consent may be given or withheld in our sole discretion. This Agreement will be binding upon and inure to the benefit of, and enforceable against the parties and their respective successors and assigns. The invalidity of any portion of this Agreement shall not invalidate the remainder of the Agreement.
End of The Writers Store, Inc. Referrer Program Agreement