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Affiliate Agreement

This Affiliate Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Bennett Marine Video Affiliate Program. As used in this Affiliate Agreement, "we" means Bennett Marine Video, and "you" means the applicant.

1. Enrollment in the Affiliate Program

To begin the enrollment process, you must submit an Affiliate Program application via our website. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Affiliate Program for any reason, including, but not limited to, the inclusion of content that is in any way unlawful, harmful, threatening, defamatory, discriminatory, or otherwise objectionable.

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

2. Links on Your Website

As an Affiliate Program website, Bennett Marine Video will make available to you a variety of graphic and textual Links, which, subject to the terms and conditions hereof; you may display as often and in as many areas on your website as you desire. The Links will serve to identify your website as a member of the Affiliate Program and will establish a link from your website to ours. The Links may connect to the home page or other areas of our website. You may not alter the design, proportion, color, or size of the banner, button, and tag Links provided to you by Bennett Marine Video.

3. Order Processing

We will be responsible for processing orders placed by customers who follow Links from your website to our website. We are responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.

4. Commission Eligibility and Rate

Bennett Marine Video products that are purchased by customers via a Link from your website to our website, shipped by us, and for which we have received full payment will be eligible for a commission. For a product sale to qualify for a commission, the customer must click-through a Link from your website to our website, and add the product to his or her shopping cart during the following seven-day period.

Commission rates will be equal to TEN percent (10%) of Order Subtotal (Gross Sales) for qualifying purchases.

Commission rates will be based on the aggregate amount actually paid to us for purchases, excluding shipping and handling and amounts due to credits for returned goods, credit card fraud, and bad debt.

5. E-Mail Notification of Affiliate Sales

Orders Placed On-line at the Bennett Marine Video Website:

You will receive email notification of Affiliate Sales placed on-line at the Bennett Marine Video website.
Each time a customer order is submitted, you will receive an email notifying you that an Affiliate Sale has been made and listing the Order Subtotal (Gross Sales). Commissions are paid to you based on the Order Subtotal (Gross Sales) amounts, less any reductions listed in Section 4.

Orders Placed Off-line by Fax and Postal Mail Orders:

Occasionally, customers may orders products from the Bennett Marine Video website and decide to process their orders off-line by fax or postal mail order. You will receive notification of these off-line sales by email if they are eligible for an affiliate commission. These emails will contain a preliminary Order Subtotal and the wording, "WARNING! This was a FAX or postal order which may or may not be finalized."

PLEASE NOTE: Affiliate Sales placed off-line may or may not qualify for a commission. Bennett Marine Video is not responsible for Affiliate Sales commissions for off-line orders that are not finalized and paid in full. Bennett Marine Video will track off-line Affiliate Sales and notify you in your statement of activity whether these sales were completed, paid in full by the customers, and qualify for the Affiliate commission. Off-line sales that qualify for affiliate commissions are paid to you based on the final Order Subtotal (Gross Sales) amounts, less any reductions listed in Section 4.

IMPORTANT NOTE: Affiliate Program members are responsible for a correctly formed and working email address in the click-through URL of all Affiliate Program Links. Bennett Marine Video will not be responsible for email notifications and commissions for affiliate orders processed with incorrect and non-working Affiliate Program member email addresses.

6. Commission Payment

We will pay you commissions on qualifying sales (based on Section 4 above) on a quarterly basis. Approximately 45 days following the end of each calendar quarter, we will send you a commission check (less any taxes required to be withheld under applicable law) and a statement of activity.

However, if the commissions due to you for any calendar quarter are less than twenty-five dollars ($25), we will hold payment until the total amount due is at least $25 or (if earlier) until this Affiliate Agreement is terminated.

We will deduct the corresponding commission from your next quarterly payment if the customer returns a qualifying product that generated a commission.

7. Policies and Pricing

Customers who buy products through the Affiliate Program will be deemed to be customers of Bennett Marine Video. Therefore, all Bennett Marine Video rules, policies, and operating procedures concerning customers, customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time.

8. Limited License

Bennett Marine Video grants you a nonexclusive, revocable right to use the graphic images and text supplied by Bennett Marine Video, solely for the purpose of identifying your site as a Affiliate Program participant and to assist in generating product sales. You may not modify our graphic images in any way. We reserve all of our rights in the graphic images and text, our trade names and trademarks, and all other intellectual property rights. You agree not to use our licensed materials in any manner that is disparaging or that otherwise portrays us in a negative light. We may revoke your license at any time by giving you written notice.

9. Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your website and for all materials that appear on your site. You hereby agree that your website will not, in any way, copy or resemble the look and feel of our website nor will you create the impression that your website is our website or is a part of our website, nor will you frame any page on the Bennett Marine Video website being viewed by a user of your website who links to the Bennett Marine Video website through a Link. 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 website.

10. Term of the Agreement

The term of this Affiliate Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party. Either you or Bennett Marine Video may terminate this Affiliate Agreement at any time, with or without cause, by giving the other party written and/or email notice of termination. Upon the termination of this Affiliate Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our website, and all Bennett Marine Video trademarks, logos, and other materials provided by us for use in the Affiliate Program. You are only eligible to earn commission on qualifying sales occurring during the term, and commissions earned through the date of termination will remain payable only if these 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.

11. Modification

We may modify any of the terms and conditions contained in this Affiliate Agreement at any time in our sole discretion. A change notice will be posted on our website. Modifications may include, but are not limited to, changes in the scope of available commissions, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

12. Relationship of Parties

You and Bennett Marine Video are independent contractors, and nothing in this Affiliate 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.

13. Limitation of Liability

Bennett Marine Video will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Affiliate Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Affiliate Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Affiliate Agreement.

14. Disclaimers

Bennett Marine Video makes no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate 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 website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

15. Independent Investigation

You acknowledge that you have read this Affiliate 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 Affiliate Agreement or operate web sites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Affiliate Agreement.

16. Governing Law

This Affiliate Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. Any action relating to this Affiliate Agreement must be brought in the federal or state courts located in Los Angeles, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Affiliate Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Affiliate Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Affiliate Agreement.
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