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THESE TERMS OF USE PERTAIN TO AN INDIVIDUAL AND/OR
COMPANY'S USAGE AND PARTICIPATION IN THE CIGAR HUT AFFILIATE
PROGRAM. WE RESERVE THE RIGHT TO EDIT, CHANGE, AND AMEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE.
BY
PARTICIPATING IN OUR PROGRAM YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
1. AGREEMENT. In this Affiliate Agreement
("Agreement"), "we", us" and "our" refer to The Cigar Hut and
“Services” refers to the Affiliate Program, services provided by us. You hereby
consent to any and all such disclosures and use of, and guidelines, limits and
restrictions on disclosure or use of, information provided by you in connection
with the registration of a affiliate name (including any updates to such
information), whether during or after the term of your registration of the
affiliate name. You hereby irrevocably waive any and all claims and causes of
action you may have arising from such disclosure or use of your affiliate name
registration information by us.
2. JOINING THE PROGRAM. By filling out the
affiliate signup form you will automatically become a Cigar Hut Online Sales
affiliate. Your participation in the program is solely for this purpose: to
legally advertise the Cigar Hut Online Sales website (www.cigarsforless.com) and products and receive a
commission on sales generated by your referrals. You also agree to receive
periodic mailings to affiliates regarding the Cigar Hut Online Sales affiliate
program. You may not enter into this agreement with Cigar Hut Online Sales and receive
commissions on products for which you are an active seller. Commissions on these
items will be withheld. All other items are eligible.
3. 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, etc...), Advertising
on sites containing/promoting illegal activities, Violation of intellectual
property rights (copying Cigar Hut Online Sales material).
4. LINKING TO Cigar Hut Online Sales. You may use graphic
and text links both on your website or in emails. Cigar Hut Online Sales may
also be advertised "offline" in classified ads, magazines, and newpapers. You
may use the graphics and text provided to you by Cigar Hut Online Sales, or you
may create your own as long as they are deemed appropriate according to the
conditions in 3.
5. AFFILIATE COMMISSIONS. You will be paid referral fees for
every product purchased at Cigar Hut Online Sales with a credit card. This referral fee will be $2.00 for each item sold. Affiliate commissions will be paid out monthly with a minimum required commission value of $100.00 for payment. If the referred product was
refunded, the membership cancelled, or money was reimbursed, Cigar Hut Online Sales reserves the right to deduct the appropriate commissions from the
affiliate's account. Cigar Hut Online Sales does indeed give a commission
when an affiliate makes a Cigar Hut Online Sales purchase and generates a
commission for themselves. Cigar Hut Online Sales does not give commissions when an
affiliate makes a purchase and generates a commission for a different
affiliate.
6. AFFILIATE TRACKING. After signing up for the program you
will receive a unique affiliate url which you will use to advertise our website.
When someone clicks through this url a cookie will be set in their browser with
your affiliate ID and their IP address will also be logged with your affiliate
ID. During that visit to our website or any later visit, when a purchase is made
the commission will be given based on the existence of the cookie or a match of
the IP address in the database.
7. TERMS OF AGREEMENT. You agree that this Agreement will
remain in full force during the term of your Affiliate registration as selected,
recorded, upon registration. Should you choose to continue the term of your
Affiliate registration, then the term of this Agreement will be extended
accordingly. These terms will begin upon your signup with the affiliate program
and will end when either you or Cigar Hut Online Sales terminates your affiliate
status.
8. MODIFICATIONS TO AGREEMENT. You agree, during the period of this
Agreement, that we may: (1) revise the terms and conditions of this Agreement;
and (2) change the services provided under this Agreement. Any such revision or
change will be binding and effective immediately on posting of the revised
Agreement or change to the service(s) on our web site, or on notification to you
by e-mail or regular mail as per the Notices section of this agreement. You
agree to review our web site, including the Agreement, periodically to be aware
of any such revisions. If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing us with notice by
e-mail or regular mail as per the Notices section of this agreement. Notice of
your termination will be effective on receipt and processing by us. You agree
that, by continuing to use the Services following notice of any revision to this
Agreement or change in service(s), you shall abide by any such revisions or
changes. You agree that, by maintaining the reservation or registration of
affiliate name after modifications to the Terms & Conditions Policy become
effective, you have agreed to these modifications. You acknowledge that if you
do not agree to any such modifications, you may request that your affiliate name
be deleted from the affiliate database. The terms of this agreement may be
modified at any time by Cigar Hut Online Sales. If any modification is
unacceptable to you, your only choice is to terminate your affiliate status.
Your continuing participation in the program will constitute your acceptance of
any change.
9. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use your user name and the
password that you were provided when you opened your account with us. Please
safeguard your user name and password from any unauthorized use. In
no event shall Cigar Hut Online Sales be liable for the unauthorized use or
misuse of your user name or password.
10. LIABILITY. Cigar Hut Online Sales 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. We make no claim that the operation of Cigar Hut Online Sales
will be error-free and will not be liable for any interruptions or errors. You
agree that our entire liability, and your exclusive remedy, with respect to any
Services(s) provided under this Agreement and any breach of this Agreement is
solely limited to such Service(s). We and our contractors shall not be liable
for any direct, indirect, incidental, special or consequential damages resulting
from the use or inability to use any of the Services or for the cost of
procurement of substitute services. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental damages, in
such jurisdictions, our liability is limited to the extent permitted by law. We
disclaim any and all loss or liability resulting from, but not limited to: (1)
loss or liability resulting from access delays or access interruptions; (2) loss
or liability resulting from data non-delivery or data mis-delivery; (3) loss or
liability resulting from acts of nature; (4) loss or liability resulting from the
unauthorized use or misuse of your affiliate identifier, user name or password; (5) loss or
liability resulting from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement; (6) loss or liability
resulting from the interruption of your Service. You agree that we shall not be
liable for any loss of registration and use of your affiliate name, or for
interruption of business, or any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless of the form of action
whether in contract, tort (including negligence), or otherwise, even if we have
been advised of the possibility of such damages.
11. INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors and affiliates harmless from
all liabilities, claims and expenses, including attorney's fees, from claims by
third parties, including but not limited to Cigar Hut Online Sales relating to
or arising under this Agreement, the Services provided hereunder or your use of
the Services, including without limitation infringement by you, or someone else
using the Service with your computer, of any intellectual property or other
proprietary right of any person or entity, or from the violation of any of our
operating rules or policy relating to the service(s) provided. You also agree to
release, indemnify and hold us harmless pursuant to the terms and conditions
contained in the Cigar Hut Online Sales Dispute Policy. When we are threatened
with suit by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those assurances may be
considered by us to be a breach of your Agreement and may result in deactivation
of your affiliate account.
12. BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy, may be considered
by us to be a material breach and that we may provide a written notice,
describing the breach, to you. If within thirty (30) calendar days of the date
of such notice, you fail to provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations under the Agreement, then we
may delete the registration of your affiliate account. Any such breach by you shall not
be deemed to be excused simply because we did not act earlier in response to
that, or any other, breach by you.
13. DISCLAIMER OF
WARRANTIES. You agree that your use of our Services is solely at your own
risk. You agree that such Service(s) is provided on an "as is," "as available"
basis. We expressly disclaim all warranties of any kind, whether express or
implied, including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We make no warranty that
the Services will meet your requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor do we make any warranty as to
the results that may be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through the Service or that
defects in the Service will be corrected. You understand and agree that any
material and/or data downloaded or otherwise obtained through the use of Service
is done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the
download of such material and/or data. We make no warranty regarding any goods
or services purchased or obtained through the Service or any transactions
entered into through the Service. No advice or information, whether oral or
written, obtained by you from us or through the Service shall create any
warranty not expressly made herein.
14. REVOCATION. Your
willful provision of inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or your failure to respond for
over fifteen calendar days to inquiries by us concerning the accuracy of contact
details associated with the your affiliate registration shall constitute a
material breach of this Agreement and be a basis for cancellation of the
affiliate registration.
15. RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse to register or reserve
your chosen affiliate name within thirty (30) calendar days from receipt of your
affiliate registration. You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register, reserve, or delete your
affiliate name or register you for other Services.
16. SEVERABILITY. You
agree that the terms of this Agreement are severable. If any term or provision
is declared invalid or unenforceable, that term or provision will be construed
consistent with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will remain in
full force and effect.
17. NON-AGENCY.
Nothing contained in this Agreement or the Dispute Policy shall be construed as
creating any agency, partnership, or other form of joint enterprise between the
parties.
18. ENTIRETY. You agree
that this Agreement, the rules and policies published by us are the complete and
exclusive agreement between you and us regarding our Services. This Agreement
and the Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
19. GOVERNING LAW.
This Agreement shall be governed by and interpreted and enforced in accordance
with the LAWS OF the Province of Ontario, Canada. Any action relating to this Agreement must
be brought in the Province of Ontario, Canada and you irrevocably consent to the jurisdiction of such
courts.
20. INFANCY. You
attest that you are of legal age to enter into this Agreement.
21. Acceptance of
Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO
ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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