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Affiliate Program Affiliate Program
The KosherGiftBaskets.com Affiliate Terms
Associate Program License Agreement

This Agreement contains the terms and conditions that apply to an individual's or entity's participation in the TES Associates Program (the "Program"). As used in this Agreement, "we" means TES, Inc., "you" means the applicant, and "product" means any item offered for sale in the koshergiftbaskets.com catalog. "Site" means a World Wide Web site and, depending on the context, refers either to the www.koshergiftbaskets.com site or to the site that you will link to our site.

Enrollment in the Program Enrollment is determined on a case by case basis. We may reject your request to join if we determine (in our sole discretion) that your site is unsuitable for the Program.

Listing Products on Your Site You may select to display information about our products on your site. You may use images and descriptions from our site for this purpose. You will be responsible for the content, style, and placement of these references. You will provide a special link from reference on your site to the corresponding TES online catalog entry. Each link will connect directly to a single item in our online catalog, using a special link format that we give you. You may add or delete software (and related links) from your site at any time without our approval.

Order Processing We will process orders placed by customers who follow special links from your site to the www.koshergiftbaskets.com online catalog entries. 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 customer service. We will track sales made to customers who purchase software using special links from your site to our catalog and will send you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and commission accrual, you must ensure that the special links between your site and our site are properly formatted.

Commissions We will pay you a commission on sales from your special link. For a sale to generate a commission, the customer must follow a special link from your site to our online catalog, purchase one or more products using our online ordering system, accept delivery of the products at the shipping destination, and remit full payment to us. We will not pay referral fees on products that are added to a customer's Shopping Cart directly from the www.koshergiftbaskets.com catalog (instead of through a special link from your site), even if the customer previously followed a link from your site to our catalog.

Commission Schedule You will earn a commission of 10% based on the sale price of qualifying products, according to the commission schedules to be established by us. Sale price means the sale price listed in our catalog and excludes costs for shipping, handling, gift wrapping, and taxes. This commission percent does not apply to special pricing that TES may run at times at its sole discretion.

Commission Payment We will pay you commissions on a quarterly basis. Approximately 30 days following the end of each calendar quarter, we will send you a check for the referral fees earned on products that were shipped during that quarter, less any taxes that we are required by law to withhold. However, if the commissions payable to you for any calendar quarter are less than $50.00, we will hold those commissions until the total amount due is at least $50.00 or (if earlier) until this Agreement is terminated. If software that generated a commission is returned by the customer, we will deduct the corresponding commission from your next quarterly payment. If there is no subsequent payment, we will send you a bill for the commission due back to us.

Policies and Pricing Customers who buy products through this Program will be deemed to be customers of TES. Accordingly, all TES rules, policies, and operating procedures concerning customer orders, customer service, and 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. Because price changes may affect products that you already have listed on your site, you may not include price information in your products descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Identifying Yourself as an Associate We may make available to you a small graphic image that identifies your site as an Associate Site Program participant. You will prominently display this logo or the phrase "TES Associate Site" somewhere on your site.

We may waive this requirement based on the placement of the special link to our site from your site.

We may modify the text or graphical image of this notice from time to time. In addition, we encourage (but do not require) you to include a link to the TES home page at http://www.koshergiftbaskets.com.

Limited License We grant you a non-exclusive, revocable right to use the icon and message described above and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant. You may not modify the icon, the message, or any of our images in any way. We reserve all of our rights in the icon, the message, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.

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 software descriptions on your site and linking those descriptions to our catalog
- the accuracy and appropriateness of materials posted on your site (including, among other things, all software-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 libelous or otherwise illegal
- We disclaim all liability for these matters. Further, 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 contents of your site.

Terms of the Agreements The terms of this Agreement will begin upon our acceptance of your site to our program as indicated by supplying you with the special link 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 occurring during the term, and commissions earned through the date of termination will remain payable only if the related product orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

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 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 with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.

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 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.

Miscellaneous This Agreement will be governed by the laws of the United States and the State of New York, 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 Monsey, New York, 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.
 
 
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