Terms and Conditions and Operating Agreement
To be an authorized affiliate of FotoTale Designs, you agree to abide by the Terms and Conditions contained in this Agreement.
Please read this agreement carefully before registering and using the FotoTale Designs Affiliate Program. By signing up for the FotoTale Designs Affiliate Program, you indicate your acceptance of this Agreement and its Terms and Conditions.
After receiving your application, we will review your website/information and notify you of your acceptance or rejection into our Program. It may take 24-48 hours to approve your affiliate account. We reserve the right to reject any application at our discretion.
We reserve the right to reverse or cancel commissions due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
By signing up for the Affiliate Program with FotoTale Designs, you represent and warrant you are lawfully able to enter into contracts, and that you will remain in compliance with these Terms and Conditions.
FotoTale Designs' Affiliate Program permits you to advertise our products on your site and to earn advertising fees for Qualifying Purchases made by your end users. A “Product” is any item sold on www.fototaledesigns.com. In order to facilitate your advertisement of Products, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with our product.
You are allowed to use your affiliate links on YOUR OWN Blog, Website, Facebook, Twitter, Google+, Pinterest, etc. pages.
You ARE PROHIBITED from posting your affiliate links on FotoTale Designs's Facebook Page, Twitter, Google+ or company pages in an attempt to turn those links into affiliate sales.
You ARE PROHIBITED from using our images, text and other data to direct traffic to any website other than fototaledesigns.com.
FotoTale Designs will process Product orders placed by customers who follow Special Links from your site to the website. We reserve the right to reject orders that do not comply with any requirements on the website. We will track Qualifying Purchases for reporting and advertising fee accrual purposes.
FotoTale Designs will pay you advertising fees on Qualifying Purchases in the amount of 20% of the purchase price. A “Qualifying Purchase” occurs when the customer purchases through the provided special link.
Qualifying Purchases exclude, and we will not pay advertising fees on any of, the following:
any Product purchase that is not correctly tracked or reported because the links from your site to the website are not properly formatted;
any Product purchased through a Special Link by you or on your behalf, including Products you purchase through Special Links for yourself, friends, relatives, or affiliates (e.g., personal orders, orders for your own use, and orders placed by you for or on behalf of any other person or entity); any Product purchased for resale or commercial use of any kind; any Product purchased after termination of this Operating Agreement; any Product order that is cancelled or returned.
We will pay you advertising fees for Qualifying Purchases between 30 and 60 days after the original purchase date, but may accrue and withhold advertising fees/affiliate commission until the total amount due to you is at least $30. We will deposit the advertising fees you earn into the Paypal account you designate.
FotoTale Designs may be obligated by law to obtain tax information from you if you are a U.S. citizen, U.S. resident, or U.S. corporation, or if your business is otherwise taxable in the U.S. If we request tax information from you and you do not provide it to us, we may (in addition to any other rights or remedies available to us) withhold your advertising fees until you provide this information.
You and FotoTale Designs are independent contractors, and nothing in this Operating Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates' behalf.
You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Operating Agreement, you will be deemed to have taken the action yourself.
Subject to the terms of this Operating Agreement and solely for the limited purposes of advertising Products on, and directing end users to, www.fototaledesigns.com in connection with the Program, we hereby grant you a limited, revocable, non-transferable, non-licensable, non-exclusive, royalty-free license to (a) copy and display the Content solely on your site; and (b) use only those of our trademarks and logos that we may make available to you. The license set forth in this Section will immediately and automatically terminate if at any time you do not timely comply with any obligation under this Operating Agreement or any Operational Documentation, or otherwise upon termination of this Operating Agreement. In addition, we may terminate the license set forth in this Section in whole or in part upon written notice to you.
In connection with your participation in the Program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgements, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state, or otherwise) that govern marketing email (e.g., the CAN-SPAM Act of 2003).
Either you or we may terminate this Operating Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of this Operating Agreement, any and all licenses you have with respect to Content will automatically terminate and you will immediately stop using the Content and promptly remove from your site and delete or otherwise destroy all links to the website and all other Content, and any other materials provided or made available by or on behalf of us to you under this Operating Agreement or otherwise in connection with the Program. We may withhold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancellations or returns).
We may modify any of the terms and conditions contained in this Operating Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on the website.
Any dispute relating in any way to the Program or this Operating Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law and the laws of the state of Utah, without regard to principles of conflict of laws, will govern this Operating Agreement and any dispute of any sort that might arise between you and us.