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By filling out the signup form you acknowledge that you have read the terms and
conditions below for the ElumaCigs.com AFFILIATE Program,
understand, and agree with them.
1. Joining the Program
By filling out the signup form you will automatically become an
AFFILIATE and are bound by the terms of this agreement.
Your participation in the program is solely for this purpose: to
legally advertise our website to receive a commission
on products purchased by your referrals.
2. Payment Schedule
- Eligible payments - all AFFILIATE monies due for orders generated as a result of AFFILIATE links/Web Site
will be held for 30 days after the Shipping Date of an order. Orders are typically
shipped 1-7 days after a order is placed. This allows us ample time to compensate for
returns, exchanges or canceled orders. Payments will be calculated and checks sent out to
AFFILIATE during the last week of any given month according to the terms and conditions
of this document.
- AFFILIATE Payments - payment to AFFILIATE will not be rendered for amounts less than
$100.00 USD. Example: if you have a total of $50.00 in sales
you would have $5.00 in your affiliate account, thus your account will carry over ino the
next months cycle. When your account total reaches $100.00 or more you will be sent a check
provided all orders associated meet the condiditons set forth in (a) above.
- Store Credit can be issued upon request in lieu of payment by check to
AFFILIATE.
3. Obligation of AFFILIATE
3.1 If you desire to promote the Eluma product by purchasing, either directly or indirectly, search terms from websites, search engines or other directory or referral services (e.g., Bing, Google, and Yahoo!), by incorporating keyword text into meta tags or websites or by using other search engine optimization techniques, by distributing Eluma Emails, or by offering, either directly or indirectly, any consideration or incentives to potential Subscribers to register for the Eluma product, including without limitation, payment of money, rebates, discounts or other benefits, you must first get written permission from us, which may be given or withheld in our sole and absolute discretion. We reserve the right to revoke such permission at any time for any or no reason whatsoever.
3.2 You shall not bid or otherwise purchase, either directly or indirectly, the search name "Eluma" or any misspelling or variant thereof from websites, search engines or other directory referral services.
3.3 Your site shall not in any way copy or resemble the look and feel of ElumaCigs.com, nor shall you create the impression that your site is ElumaCigs.com or a part of ElumaCigs.com. You shall not use Eluma or any variation or misspellings thereof in your URL or page title. You shall not frame or permit the framing of any page of ElumaCigs.com.
3.4 During the Term, you will not disparage Eluma, ElumaCigs.com or the Eluma product, or portray these in a derogatory or negative manner whether directly or indirectly. The content of your website will, at all times, be in good taste. You are solely responsible for the development, operation and maintenance of your website and will indemnify, defend and hold Eluma harmless from any claims arising out of or related to your website.
4. Revocation of AFFILIATE Status
Your AFFILIATE application and status in the program may be suspended or terminated
for any of the following reasons:
Inappropriate advertisements (False claims, misleading hyperlinks)
Spamming (mass email, mass newsgroup posting, click generation services, etc...)
Advertising on sites containing/promoting illegal activities
Violation of intellectual property rights.
Using the affiliate program in order to receive commission on purchases made under ones own personal ElumaCigs.com account for personal use.
Affiliate program cannot be used to earn commissions on already deeply discounted sales made to wholesalers.
ElumaCigs, LLC also reserves the right to cancel, accept or deny any affiliate for any reason it deems necessary to do so.
5. AFFILIATE Links
You may use the graphic banner and/or text links both on your Web Site and in emails. Your site
may also be advertised "offline" in classified ads, magazines, and newpapers. You
may use the graphics and text provided to you by us, or you may create
your own PROVIDED they are approved by Eluma Cigs, LLC first.
6. AFFILIATE Tracking
When a web surfer clicks through your AFFILIATE link, a cookie is set in their browser
that contains your AFFILIATE username. Also, their IP address is tracked in the database
along with your AFFILIATE name. When this person decides to buy a product, the script will
look for this cookie and/or try to match their IP address to identify the AFFILIATE who
will be awarded the commission. Visitors sent through your AFFILIATE link may make a purchase
later in time and the commission will still be awarded if the cookie is present in their browser
and/or the are using the same IP address as the one logged in the database. ElumaCigs.com does not force the use of cookies.
7. Terms of the agreement
These terms will begin upon your signup with the AFFILIATE program and will end
when your AFFILIATE account is terminated. The terms of
this agreement may be modified by us at any time. If any modification to the terms
is unnacceptable to you, your only choice is to terminate your AFFILIATE account.
Your continuing participation in the program will constitute your acceptance of
any change.
8. Liability
8.1 Eluma Cigs, LLC will not be liable for indirect or accidental damages (loss of
revenue, commissions) due to AFFILIATE tracking failures, loss of database files,
and any results of "intents of harm" to the program or our website. We do not make
any expressed or implied warranties with respect to the AFFILIATE program and/or
products sold at this site. We make no claim that the operation of the AFFILIATE program
and our website will be error-free and we will not be liable for any interruptions or errors.
8.2 Affiliate further agrees and warrants that it will comply with all local, state and
federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004)
regarding the sending of e-mails.
8.3 AFFILIATE shall indemnify and hold Eluma Cigs, LLC harmless from any and all legal
actions, damages or liabilities incurred from the day-to-day operations of AFFILIATE. Under
no circumstances will Eluma Cigs, LLC be liable whether in tort, contract or otherwise
for indirect, incidental, consequential, special or exemplary damages (including but not limited
to damages for any loss of revenue, profits, business interruption, loss of business information
or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss)
arising from or relating to any provision of this Agreement or the program. Without limiting the
foregoing, Eluma Cigs, LLC aggregate liability arising with respect to this Agreement will
not exceed the total fees paid or payable to AFFILIATE under this agreement.
8.4 Eluma Cigs, LLC
will own all right, title and interest in and to all information that is created or collected in
the operation of the ElumaCigs.com Web site and reserves the right to amend or terminate
this Agreement at any time, with or without notice to AFFILIATE.
8.5 The laws of the State of Illinois shall govern this Agreement. Both parties mutually agree that the sole legal venue for all disputes shall be in
Illinois Courts in the County of Cook not withstanding any conflicts of Law.
By filling out the signup form you acknowledge that you have read the terms and
conditions above for the ElumaCigs.com Program,
understand, and agree with them.
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