ACCOUNT INFORMATION
* First Name:		* Last Name:
Company:
* Address 1:
Address 2 :
*City:
* State/Province/Region :		* Zip/Postal Code:
*Country:
Date of birth:
Phone:
*Email:
*Confirm Email:
*Password:
*Confirm Password:
PAYMENT INFORMATION
*SSN or Tax ID (For US Affiliate Only) :
* PayPal Email:
(We will send your commission payments to this PayPal account. )
SITE INFORMATION
Web Site name:
Web site URL:
Describe your web site or marketing strategy :
How do you plan to market our products? :
Pay per click
Pay per acquisition
Web site
Search engine optimization
Ad network / Banner network
Adware / Browser Plug-in
Blog
Other
AFFILIATE PROGRAM AGREEMENT
AFFILIATE AGREEMENT

This agreement describes the terms and conditions for participation in the AweSome-Guitars.com Affiliate Program. The terms "Affiliate," "Affiliate Partner," "you," and "your" are referring to you, the applicant. "We" and "our" refer to AweSome-Guitars.com Affiliate Program. We are independent parties and this agreement will not form any partnership.

AGREEMENT DURATION AND TERMINATION

This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice via email of termination.

REGISTRATION

To sign up as an AweSome-Guitars.com Affiliate and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.

MODIFICATION

By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.

WEBSITE DEFINITION

Our use of the term "website" can refer to any of the following resources: website page(s) on the internet, social media pages like Facebook, MySpace, LinkedIn, YouTube, as well as links to our website that you include in all your outgoing email messages.

COMMISSION PAYMENT

AweSome-Guitars.com uses a third party (UltraCart.com) to handle all of the Affiliate Program tracking and payment.

You will receive 15% of the revenue per sale as a commission from orders placed through your Affiliate Site on all product purchases (not including returns, shipping and taxes, etc).

For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. You will receive 15% for orders placed through your site sponsored Affiliate Program.  Affiliate commissions will only be paid on sales which are made through qualified Affiliates.

Referral fees can only be earned between the acceptance of the Affiliate application and notice of termination. Fees will be paid on the 1st of each month by AweSome-Guitars.com Affiliate Program to your PayPal account of record. Any chargebacks or fees from a returned order will be adjusted to the fee payment. If no fee payment is due a billing invoice for the amount will be issued.

Affiliates must have an active link on their website. In order to qualify for commissions, an affiliate must personally sell at least one order during that month.

Commissions: we pay 15% commission on all product purchases (not including returns, shipping and taxes, etc). This is the highest commission in our industry. 

Payouts: When visitors click through the logo that you have properly linked to our site and purchase supplies or gear from AweSome Musical Instruments, you will receive 5% cash referral fee on the orders (not including returns, shipping and taxes, etc). We will calculate your referral fees and send you a PayPal payment at the end of each month. If your referral fees total less than $25 for the month, we will accrue your referral fees until you reach the $25 floor and pay you at the end of the corresponding month. All payments will be made in US dollars to your PayPal account of record.

Payout Frequency: Because AweSome-Guitars.com has a 30 day return policy, we pay affiliate referral fees on sales that are net of returns. After the 30 day return policy has passed, we need a standard 30 days for processing returns and issuing payments.

Cookie Duration: You will receive a commission for all sales made within 30 days of the last click-through from your site. This period is also known as the cookie duration, since Special link tracking is done through placing a browser cookie on the user's computer.

ORDER PROCESSING

AweSome-Guitars.com Affiliate Program will be solely responsible for processing every order placed by a customer on the Affiliate site(s). Customers who purchase products and services through the AweSome-Guitars.com Affiliate Program will be deemed to be customers of AweSome-Guitars.com Affiliate Program. Prices and availability of our products and services may vary from time to time. AweSome-Guitars.com Affiliate Program policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.

ACCEPTED USE

You represent to AweSome-Guitars.com that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Website that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As shareasale.com may not review all information provided by You, You shall remain solely responsible for Your content and Website. As an Affiliate, You may not artificially inflate traffic counts to Merchant site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners and/or links or submit multiple leads to Your Merchant partners.

Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to the related Merchant for that Link.

AweSome-Guitars.com RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF AweSome-Guitars.com. If You are terminated from the Service, AweSome-Guitars.com has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join AweSome-Guitars.com.

WEBSITE RESTRICTIONS

Although we would like everyone to promote AweSome-Guitars.com products, we do not allow certain sites to participate in our Affiliate Program. We reject applications with sites that contain or link to content that is unsuitable for our Affiliate Program. Unsuitable sites:
	
*  Use software applications or browser helper objects (you can be an affiliate, just not use this type of referrer technology with our site)
*  Contain sexually explicit materials
*  Promote violence and discord
*  Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
*  Promote illegal or questionable activities
*  Violate intellectual property or patent rights

If we reject your application, you are welcome to reapply to the Program at any time. If we accept your application and your site is thereafter determined, at our sole discretion, to be unsuitable for our Affiliate Program, we may terminate this Agreement.

SPAM (UCE) RESTRICTIONS

Unsolicited Commercial E-mail: AweSome-Guitars.com Affiliate Program in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the AweSome-Guitars.com Affiliate Program, with no refund.

You are free to promote your own websites, but naturally any promotion that mentions AweSome-Guitars.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by AweSome-Guitars.com. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote AweSome-Guitars.com so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote AweSome-Guitars.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from AweSome-Guitars.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the AweSome-Guitars.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as AweSome-Guitars.com, AweSome-Guitars, www.AweSome-Guitars, www.AweSome-Guitars.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from AweSome-Guitars.com Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.

Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in AweSome-Guitars.com products).

Affiliate shall not transmit any so-called "interstitials", "Parasiteware™", "Parasitic Marketing", "Shopping Assistance Application", "Toolbar Installations and/or Add-ons", "Shopping Wallets" or "deceptive pop-ups and/or pop-unders" to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchant’s site (i.e., no page from our site or any Merchant.com’s content or branding is visible on the end-user’s screen). As used herein a. "Parasiteware™" and "Parasitic Marketing" shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open AweSome-Guitars.com site; (d) targets text on websites, other than those websites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application.

LIMITATION OF LIABILITY

AWESOME-GUITARS.COM WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL AWESOME-GUITAR.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless AweSome-Guitars.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

MAIL CONTACT

AweSome-Guitars.com reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any AweSome-Guitars.com related products and services.

CONFIDENTIALITY

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential", will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

CHANGES TO THE SERVICE

AweSome-Guitars.com reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, AweSome-Guitars.com will notify You via e-mail or the AweSome-Guitars.com Website at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.

FORCE MAJEURE

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUES

This Agreement shall be governed by Michigan, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Michigan, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

OWNERSHIP AND LICENSES

You, the Affiliate, are granted a non-exclusive, limited, revocable right to use AweSome-Guitars.com provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the Merchant, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the Merchant’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.

AweSome-Guitars.com may immediately terminate Your license to use the marks if AweSome-Guitars.com reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by AweSome-Guitars.com. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the Merchant’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the Merchant.

REPRESENTATIONS

AweSome-Guitars.com makes no representations whatsoever about any other Website which You may access through the Service. In addition, a link to any other website does not mean that AweSome-Guitars.com endorses or accepts any responsibility for the content or the use of such website.

NONASSIGNABILITY

AweSome-Guitars.com may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.

MISCELLANEOUS

This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

DISCLAIMER

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the AweSome-Guitars.com Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.

This Agreement will be governed by the laws of the United States and the District of Columbia, 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 Michigan, 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.

By submitting to this Affiliate Agreement, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

I have read the terms of this agreement and I accept.
I agree to be bound by the above Terms & Conditions
SECURITY CHECK
To prevent automated signups, please answer the captcha security question below.