Would you like to make some money? Do you have a site about baseball or one that attracts baseball players, coaches or enthusiasts? Then the Baseball Excellence Affiliate Program is for you. For each sale that is referred from your site, you will receive a 4% commission. Baseball Excellence also offers a generous return period of 30 days, so even if they come back later for another purchase, you will still receive your credit and commission.
We encourage all interested sites to apply to our program. However, before you can participate in our program, we will need to approve your site. Mainly we look for sites that:
- Are aesthetically pleasing
- Do not display content that may be deemed pornographic or offensive
Please note that while we try to respond to approval requests quickly, we receive a high volume of approval requests every day. For this reason, you may not hear from us immediately. However, if you do not hear from us within a reasonable amount of time, or you have questions concerning our program, please let us know.
Please note that if you fail to meet the terms of our agreement we may remove you at any time.
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Baseball Excellence Affiliate Program
Terms and Conditions
This Affiliate Agreement ("the Agreement") is made between Baseball Excellence, and you, as our Affiliate.
1. ACCEPTANCE. You agree to keep the terms and conditions outlined in this agreement. By clicking on the "I accept" button on our Affiliate Sign-Up page you indicate your acceptance of this Agreement. If you do not accept this agreement, you are not authorized to be a Affiliate, and may not use our links, graphics, and utilities on your website.
2. SIMPLE STATEMENT OF RELATIONSHIP. Baseball Excellence enters into a relationship with you as a Affiliate, to reward you with a commission each time someone makes a purchase of a product on Baseball-Excellence.com as a result of clicking on a Qualified Link on your website, according to the provisions in this Agreement. You and Baseball Excellence are independent contractors, and nothing in this 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. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You also agree to receive periodic mailings to affiliates regarding the Baseball Excellence affiliate program
3. QUALIFIED LINK. Means a hyperlink to the Baseball-Excellence.com website that is copied and pasted from your individual password-protected Affiliate Administration area on our site at http://affiliate.baseball-excellence.com/cgi-bin/affiliates/stats.cgi. These include sophisticated HTML code. If the HTML code is altered in any way after copying from that webpage, we take no responsibility for you receiving credit for any sale. Any change you make may cause the tracking to no longer function correctly.
4. TRACKING. When someone clicks on a Qualified Link on your site, a cookie will be set in their browser with your affiliate ID, and their IP address will be logged with your affiliate ID. During that visit to our website or any later visit within 30 days, when a purchase is made, the commission will be given based on the existence of the cookie or a match of the IP address in the database. You agree not to challenge or dispute the sales tracking performed by the affiliate management software we select to administer this program.
5. PAY-PER-SALE. Our Affiliate Program pays the Affiliate only when a sale results from a visitor who sent by a Qualified Link on the Affiliate's website. If the sale does not occur within 30 days of the visitor passing through the Affiliate link, no payment will be made. If a visitor passes through qualified links from two different Affiliates before making a purchase, then the most recent link is credited with the sale.
6. PAYMENT RATE. The payment per sale is currently 4% (four per cent) of the sales amount (not including any taxes or shipping). The payment rates can be changed or discontinued at any time with notification as provided herein.
7. CHARGEBACK. If the purchaser makes a duplicate entry, later returns a product, enters through an non-qualified link, makes an unauthorized payment, or does not make full payment to Baseball Excellence, payment made to the Affiliate for that purchase shall be rescinded.
8. PAYMENTS. Affiliates are not eligible to earn commissions on their own original purchase of any Baseball Excellence products. Payments will be made via PayPal on or about the 15th day of any month that your accumulated commissions total $25 or more at the end of the previous month. Payments may be received by check if accumulated commissions total $100 or more. United States Affiliates (individual/resident/corporation/business) must provide Baseball Excellence with a completed W-9 Federal Tax form before Baseball Excellence will issue a check to the Affiliate. Baseball Excellence agrees to issue a 1099 to Affiliates only if their calendar year payments exceed the maximum payout allowed without a 1099 under Federal tax law (currently $600).
9. CHANGES TO THE PROGRAM. Baseball Excellence 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 its Affiliate Program at any time. In such case Baseball Excellence will notify Affiliates of such changes either via e-mail or by posting in the Affiliate Area of our website, at which time you may either agree to such changes or withdraw from the Affiliate Program. Your continuing participation in the program will constitute your acceptance of any change.
10. REGISTRATION. To sign up as an Affiliate you must be at least 18 (eighteen) years of age.
11. TERMINATION. Baseball Excellence RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A AFFILIATE. THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE AS AFFILIATES: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY.
12. LIMITATION OF LIABILITY. Baseball Excellence DOES NOT WARRANT THAT THE AFFILIATE PROGRAM WILL MEET THE AFFILIATE'S REQUIREMENTS OR THAT THE OPERATION OF THE Baseball Excellence WEBSITE AND ORDERING SYSTEM OR AFFILIATE TRACKING SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL Baseball Excellence BE LIABLE TO THE AFFILIATE OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE OPERATION OF OR INABILITY TO OPERATE THE WEBSITE, ORDERING SYSTEM, OR AFFILIATE TRACKING SYSTEM, EVEN IF Baseball Excellence HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. SEVERABILITY. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
14. OWNERSHIP AND LICENSES. Baseball Excellence grants a non-exclusive, limited, revocable right to the Affiliate to use Baseball Excellence trademarks and banners. All images, programs, HTML code, and content provided by Baseball Excellence shall remain the sole property of Baseball Excellence, and no part shall be deemed assigned or licensed to the Affiliate except as explicitly provided for in this document. All intellectual property rights, including trademarks, copyrights, tradenames, and service marks shall remain the sole property of Baseball Excellence, including rights in and to any derivatives of them. The Affiliate may not modify the trademarks, banners, the content, or any of Baseball Excellence's provided images in any way.
15. PAY-PER-CLICK ADVERTISING. Affiliates may not place bids via pay-per-click advertising services such as Overture.com or Google AdWords for any terms that are licensed trademarks and tradenames of Baseball Excellence.
16. EMAIL MARKETING. Affiliates may not include any Baseball Excellence products, links, or references in any sending of unsolicited commercial bulk email (a.k.a. spam email).
17. TERM AND TERMINATION. This agreement shall remain in effect until terminated. The Agreement may be terminated by Baseball Excellence or the Affiliate for any reason upon thirty (30) days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination you may no longer use Baseball Excellence banners, images, content, trademarks, etc. on your site, or provide hyperlinks to the Baseball Excellence site.
18. ASSIGNABILITY. Baseball Excellence may assign this Agreement to any successor.
19. FORCE MAJEURE. Neither Baseball Excellence nor the Affiliate shall be liable under this Agreement by reason of any failure or delay in performance of its obligations in this Agreement 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 Baseball Excellence or the Affiliate.
20. JURISDICTION. Regardless of the place of executing this agreement, the Affiliate agrees that for purposes of venue, this contract was entered into in Indian River County, Florida, USA, and any dispute will be litigated or arbitrated in Indian River County, Florida. This Agreement shall be governed by Florida Law.
21. INDEPENDENT INVESTIGATION. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS 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 AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT NOT SET FORTH IN THIS AGREEMENT.
22. SOLE AGREEMENT. This Agreement constitutes the sole agreement between Baseball Excellence and the Affiliate regarding the Affiliate Program.
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