Andrews Gallery
Affiliate Operating Agreement
This agreement describes the entire terms and conditions for participation in the Andrews Gallery Affiliate Program.
Definitions: “Affiliates” include all parties that refer visitors to Andrews Gallery websites in order to purchase products and services. In this agreement, the term "Participant" and “Affiliate” refers to all accepted affiliate program applicants. “Sponsoring promotion" refers to the promotion from which you will link to Andrews Gallery. Wherever the agreement refers to "you" or "your", it means "Participant"; "we" or "our" refer to AndrewsGallery. The terms "product" or "products" refer to all products and services that have the ability to be sold through . Andrews Gallery affiliate links. Whenever the agreement refers to an Affiliate “selling” or having the ability to “sell” or “resell” refers to the process of an Affiliate referring people to affiliate links. Whenever the agreement refers to an Affiliate “selling” or having the ability to “sell” or “resell” refers to the process of an Affiliate referring people to Andrews Gallery ’s website(s) for the purpose of purchasing products.
Commissionable Products: Andrews Gallery offers various art and jewelry products that can be sold by an affiliate in order to earn commissions. All offers various art and jewelry products that can be sold by an affiliate in order to earn commissions. All Andrews Gallery offers various art and jewelry products that can be sold by an affiliate in order to earn commissions. All Andrews Gallery offers various art and jewelry products that can be sold by an affiliate in order to earn commissions. All Andrews Gallery products qualify to be resold in the Affiliate Program. From time to time, some products may become “sold out” due to limited edition status or non-availability. In such cases, affiliate order commissions will not be paid because the sale will not be completed.
You can add or remove links at any time: You may add or remove as many links to Andrews Gallery at anytime and without prior approval from Andrews Gallery
Commission Amount: Every product that is qualified to be sold in Andrews Gallery’s Affiliate program has a set percentage commission assigned to it. Andrews Gallery can change the commission payable at any time. Andrews Gallery will do its best to inform affiliates of any change to the program commission structure. Only qualifying products that are sold by Andrews Gallery, shipped/sent to a customer and for which Andrews Gallery has received full payment will qualify for a commission.
The total of such sales in any given month will generate commissions for the Affiliate, based upon the applicable percentage commission for each product.
Commission Payment: Andrews Gallery will send a commission check, for the previous calendar month’s commissions earned, approximately 15 days after the 1st of each calendar month. Andrews Gallery will do its best to ensure commissions checks are sent out in this time frame. Commission checks will be payable in United States dollars.
A statement of customer purchase activity is located in the online at the Andrews Gallery Affiliate's Page.
Returns and Cancellations: If a commission qualifying product is later returned by the customer, its commission will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed.
Order Processing:Andrews Gallery will be solely responsible for processing every order placed by a customer following an Affiliate link from your sponsoring promotion. Customers can order through Andrews Gallery's secure online ordering process, Andrews Gallery 800 phone numbers, Andrews Gallery fax number or Andrews Gallery mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Andrews Gallery.
All of the rules, operating procedures and policies of Andrews Gallery regarding customer orders and accounts will apply to orders we receive through tracking links on your sponsoring website. Andrews Gallery reserves the right to reject any order that does not comply with our rules, operating procedures and policies.
Tracking of Sales: Andrews Gallery will be solely responsible for tracking sales generated via supplied affiliate tracking links from the sponsoring promotion. The Participant will be solely responsible for ensuring that the affiliate tracking links are working properly, a necessary prerequisite to tracking such sales. Status of product sales activity will be available to the Participant through the Andrews Gallery Affiliate's Page.
Promotional Techniques: You are free to promote Andrews Gallery in all the ways we endorse. Examples of acceptable ways to promote the products are: through banners and text links on your website to letters of recommendation to your newsletters subscribers or your customers. However, if you resell our products through unsolicited email (in any way, shape or form, including newsgroup spamming), or on any WAREZ, CRACK, or SPAM oriented website; your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of Andrews Gallery.
As well, if you choose to promote Andrews Gallery Sub Affiliate Program, it can only be promoted as a two-tier business opportunity. This program is not a MLM (multi-level marketing) opportunity and as an affiliate, you cannot promote it as MLM. If you promote Andrews Gallery Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of Andrews Gallery.
Affiliate Representation: You are not permitted to represent yourself as an employee of Andrews Gallery . You are not permitted to use images, copy or any other promotional material that is unauthorized by Andrews Gallery. You are not permitted to represent yourself as Andrews Gallery or it's owners in any marketing materials. Andrews Gallery has the right to request removal of any marketing materials or web sites that are used to promote Andrews Gallery products that Andrews Gallery deems unacceptable. If you do not comply, Andrews Gallery has the right to terminate your affiliate account and could seek legal counsel. Any referral fees not paid up to the point of termination will not be paid to you and will be property of Andrews Gallery.
References/Testimonials: You agree to cooperate with Andrews Gallery in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website.
Affiliates Signing-Up under Themselves: We will not tolerate Affiliates signing themselves up as a sub-Affiliate of their own assigned Affiliate account in order to generate the additional commissions for their own sales. If you do this, the account(s) in question will be immediately terminated and any referral fees unpaid since our last referral payout will remain sole property of Andrews Gallery.
Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. Andrews Gallery will not be responsible if you use another party's copyrighted material in violation of the law.
AndrewsGallerypolicy applies to all orders: Every customer who buys a product through our Affiliate program is deemed to be a customer of Andrews Gallery. The Participant does not have the authority to make or accept any offer on behalf of Andrews Gallery. All Andrews Gallery policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Andrews Gallery is not responsible for any representations made by the Participant which contradict our policies.
Product prices and availability: The price charged for every product sold under this program will be determined by Andrews Gallery according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on Andrews Gallery webpage linked from your sponsoring website. Product availability can change, and Andrews Gallery will present the best information available to all participants and it’s referred customers regarding product availability. When a customer uses a discount code, the sales price shall be the listed price minus discount. Shipping, when applicable, and any state taxes are not part of the sales price.
Website service interruption: Andrews Gallery will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold Andrews Gallery liable for any of the consequences of such interruptions.
Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to our Trademarks and Trade Names in connection with marketing and sales of these services.
Tax Information: Andrews Gallery requires you to submit your tax information in order for Andrews Gallery to comply with Tax regulators in your country and in turn pay you commissions on sales. You are required to submit your tax information upon signing up or if this option was not presented to you upon sign up you must log in to your affiliate account and add your tax information into the respective field immediately. Andrews Galleryhas the right to withhold commission payment if you fail to submit your tax information.
Term of the Agreement: The Participant may receive commission payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by Andrews Gallery, and shall end when canceled by either party as provided below.
Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or canceled from their orders. Payment of the final commission payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.
The agreement may be modified: Andrews Gallery reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website.
Cancellation of this agreement: Either Andrews Gallery or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other. The Participant’s Affiliate account will be disabled and all current and future commissions will not be paid.
Warranty Disclaimer: Andrews Gallery makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in Andrews Gallery's then current product sales policies, any products sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Limitation of Damages: Andrews Gallery shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if Andrews Gallery has been advised of the possibility of such damages. Further, Andrews Gallery's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by Andrews Gallery to Participant under this agreement.
Miscellaneous: Participant and Andrews Gallery are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Andrews Gallery. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.
Governing Law: This agreement shall be governed by the laws of New Mexico State, USA.