IMPORTANT: PLEASE READ THE FOLLOWING CAREFULLY BEFORE AGREEING TO PARTICIPATE IN THE JAVDA AFFILIATE PROGRAM (THE "AFFILIATE PROGRAM"). ONCE YOU ARE ACCEPTED INTO THE AFFILIATE PROGRAM, YOUR PARTICIPATION IN THE JAVDA AFFILIATE PROGRAM THROUGH SHAREASALE AFFILIATE NETWORK IS GOVERNED BY ALL THE MARKETER SPECIFIC TERMS CONTAINED IN THESE TERMS AND CONDITIONS AS WELL AS YOUR PUBLISHER AGREEMENT WITH SHAREASALE AFFIIATE NETWORK (COLLECTIVELY, THE "AGREEMENT"). TO THE EXTENT THAT ANY PROVISION OF THESE MARKETER TERMS CONFLICT WITH THE PUBLISHER AGREEMENT BETWEEN YOU AND SHAREASALE AFFILIATE NETWORK, THESE MARKETER TERMS SHALL CONTROL.
These Marketer Specific Terms contain terms and conditions of the Javda Affiliate Program in addition to those terms and conditions set forth in your Publisher Agreement with ShareASale Affiliate Network. Defined terms in these Marketer Specific Terms include the following: (a) "you" or "your" shall mean you, the applicant applying to participate in the Affiliate Program, and upon our acceptance of your application, the Affiliate, (b) "we" or "us" or "our" shall mean Javda, (c) "our Web site" shall mean the Javda Web site currently located at www.Javda.com , (d) "your Web site" shall mean the World Wide Web site from which you will link to our Web site, (e) "Affiliate" shall mean a party accepted as a member of the Affiliate Program, (f) "User" shall mean a customer who links from your Web site to our Web site, (g) "Products" shall mean any merchandise offered for sale by us on our Web site and does not include items offered for sale by third parties on our Web site, (h) "Affiliate Site" shall mean an Affiliate Web site that has been accepted as an Affiliate of Javda and (i) "Link" or "Links" shall mean banner advertisements, buttons, datafeeds, storefronts, search boxes, links or text links that link to the Javda home page or other specific pages of the Javda Web site, containing the Javda logo.
To begin the enrollment process in the Javda Affiliate Program, you must either a) be an existing publisher in the ShareASale Affiliate Network, or b) complete an Online Application to become a publisher in the ShareASale Affiliate Network. If you are an existing publisher in the ShareASale Affiliate Network, you must review and accept these Marketer Specific Terms. If you are not yet a publisher in the ShareASale Affiliate Network, you must complete an Online Application and accept the terms of this Agreement. Once you have accepted this Agreement, we will review your completed Online Application in good faith and inform you within a timely manner of whether or not you have been accepted as an Affiliate. We reserve the right to accept or reject Affiliates in our sole discretion. We may reject your application if we determine, in our sole discretion, that your Web site is inappropriate or objectionable. Web sites that are objectionable or inappropriate include sites that
• Are unavailable or under construction
• Are aesthetically unpleasing
• Contain hate/violent/sexually explicit/offensive content
• Promote excessive drinking and/or drug use
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Are libelous, disparaging, or defamatory
• Promotes violence or illegal activities
• Use "Javda" variations or misspellings in its domain names
• Incorporates materials that infringe upon copyright, trademark or other intellectual property rights
If we temporarily reject your application, you may not participate in the Affiliate Program, but you may reapply to be an Affiliate at any time. If we permanently reject your site, you may not reapply to the program. If your Web site is accepted, you will be eligible to link Javda Links to your Web site. We reserve the right in our sole discretion to reject an Affiliate application even after we have communicated acceptance to you or may remove an Affiliate from the Affiliate Program at any time for any reason.
When you become an Affiliate Site in our Affiliate Program, we will provide you with Links that will allow Users to your Web site to be transported when they click on the Link to Products on our Web site. As an Affiliate, you may display these Links on your Web site subject to the terms and conditions contained in the Agreement. All Links are subject to our approval and we will provide you with the information that you need to enable you to make appropriate Links to our Web site from your Web site. By accepting the terms of this Agreement, you agree that you shall cooperate fully with Javda to maintain such Link or Links. You further agree that (a) such Link or Links shall be displayed prominently throughout your Web site as you see fit and with our consent, (b) no Link or Links shall be modified, expanded or reduced in any way without our consent and (c) no Link or Links on your Web site shall in any way modify the look, feel and/or functionality of our Web site. We reserve the right to monitor your Web site at any and at all times to make certain that you are in compliance with the terms and conditions of this Agreement. You shall be fully responsible for all content, links and activities conducted on your Web site. We disclaim all liabilities related to such matters. You agree to indemnify Javda and hold us harmless (as well as our employees, officers, agents, directors and affiliated entities) from all liability claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, activities, contents and links of your Web site.
In accordance with the Agreement, You agree that You shall not place or use any Link of Javda except with the intention of delivering valid sales, leads, applications, accounts, clicks or other specified compensable actions; Inflate the number of applications, accounts, clicks or other specified compensable actions or any impressions of the Javda web site, by any me hod or using any hidden frames, java pop ups, Web bot, robot, automatic redirecting of users, autospawning of browsers, or any other technique or means of generating automated click-throughs, requiring visitors to click on Javda's Link before entering any area of Your Site(s), by placing or including Promotions or links on pages of Your Site that automatically reload or go to another page without interaction from the user (for example, client pull or server push technology, METATAG reload, or refresh command on page html) or on any page that is not generally accessible to all Web users (for example, pop-up windows and hidden frames); Affiliates using any of the aforementioned techniques or methods to establish a click, and/or place a cookie on a users computer will be terminated without notice and forfeit all outstanding and future commissions.
Referral Fees and Commissions
We will pay you on all net sales based on the amount of net revenue achieved in a given month. The Commission shall be equal to a percentage of the Net Sales of Products purchased by a User utilizing the Links between your Web site and our Web site (the "Commission"). "Net Sales" shall mean the gross sale price of a Product, excluding amounts collected by us for gift certificates, sales taxes, duties, shipping, handling, fraud, charge-backs, exchanges, credit card processing fees, taxes and similar charges. The maximum commissionable revenue per order is $1000. The Referral Fees and the Commission rates are subject to change at any time in our sole discretion without notice. In order for you to generate a Referral Fee or Commission, the User must follow a link from your Web site to our site, and within 30 days purchase the product using our automated ordering system, accept the delivery of the Product at the shipping destination, remit full payment to us and not cancel the order. You will not be eligible for a Referral Fee or Commission under the following circumstances:
• A party comes to Javda through you and does not purchase anything and then returns to Javda via another Affiliate or partner at a later date and then makes a purchase, the second Affiliate or partner will receive the credit for the ultimate purchase.
• A party comes to Javda through your Web site and returns more than 30 days later by entering our url directly, then you will not receive credit for that later purchase.
• The User has prevented cookies from being saved on his, her or its' hard drive.
• If a User to our Web site cannot be tracked by our online ordering system for any reason.
• A party comes to Javda through your Web site but purchases using a "reference code" or "discount code" that discounts their purchase, unless the code is provided to you directly from the Javda Affiliate Manager.
Referral Fees and Commission Payments
We will pay your Referral Fees and Commission payments to ShareASale Affiliate Network on a monthly basis for merchandise purchased by a User directed from your Web site provided all of the conditions in Section "Referral Fees and Commissions" have been met. Referral Fees and Commission payments for items that have been returned 90 days from purchase will be deducted in the month that the items are returned. ShareASale Affiliate Network will make payments to you within 30 days after the end of the month in which ShareASale Affiliate Network has received payment from Javda for Products that were shipped during the period less any returned items during that applicable period and any taxes on such commissions that we are required by law to withhold, provided that you have (a) not breached any terms or conditions of these Marketer Specific Terms and (b) you have previously provided a valid mailing address to which the payment may be mailed.
Policies and Pricing
Users who purchase Products through the Affiliate Program will be deemed to be customers of Javda. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service and sales will apply to those Users. We may change our policies and operating procedures at any time in our sole discretion without notice. Products, availability of our Products and our pricing of such Products may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or the price of any particular Product.