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Affiliate Operating Agreement

About us

  Please carefully read the following Affiliate Operating Agreement and its sections.
 

Sections

1 Acceptance into the Affiliate Programme
2 Promotion of our affiliate relationship
3 Our Responsibilities
4 Other Responsibilities and Opportunities of Affiliate sites
5 Commission determination
6 Commission payment
7 Sales reports
8 Policies and Pricing
9 Publicity
10 Licenses and use of FLEUROP.com logos and trademarks
11 Obligations of your web site
12 Term of the agreement
13 Modifications
14 Relationship of parties
15 Disclaimers
16 Representations and warranties
17 Confidentiality
18 Limitation of liability
19 Indemnity
20 Independent investigation
21 Governing law

1 Acceptance into the Affiliate Programme
  To begin the enrolment process, you will submit a complete Affiliate Programme application via our site or through LinkShare. We will evaluate your application in good faith and will notify you of your acceptance or rejection.

Fleurop.com may reject your application if we determine (in our absolute discretion) that your site is unsuitable for the Affiliate Programme for any reason. Such reasons include, but are not limited to:
  • Content that is in any way unlawful or in breach of intellectual property rights.
  • Content of your web site that may be deemed harmful, threatening, defamatory, obscene or indecent, harassing, or discriminatory on the grounds of disability, race, sex, ethnicity, sexual orientation, age, or otherwise objectionable in any other manner.
If we reject your application, you are welcome to reapply to the Affiliate Programme at any time.
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2 Promotion of our affiliate relationship
  As an Affiliate, we will make available to you a variety of graphic and textual Links. They will be placed on Fleurop.com's Merchant Site at LinkShare.com. Subject to the terms and conditions hereof, you may display these Links as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of our Affiliate Programme and will establish a link from your site to ours. a. Agreements Regarding Links: In utilising Links you agree that you will co-operate fully with us in order to establish and maintain such Links and/or shop. You agree that you will: Display in your site only those graphic or textual images that are provided by us for the respective territory. Update such images with new images provided by us from time to time throughout the term of this Agreement for he respective territory. Display such graphic and/or textual images prominently in relevant sections of your site. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel, or functionality of our site.
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3 Our Responsibilities
  Fleurop.com will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will also make available the graphic search box that connects to our customised search engine for you to use on our site. We will be responsible for:
  • Processing every order placed by a customer following a special Link from your site,
  • tracking the volume and amount of sales generated by your site,
  • providing information to Affiliate Sites regarding sales statistics,
  • order entry, payment processing, delivery, cancellations, returns, and related customer service.
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4 Other Responsibilities and Opportunities of Affiliate sites
  a. Links: If you qualify and agree to participate as an Affiliate Site, you shall display, with our consent, Links prominently throughout your site in positions as you see fit.

b. Competitions and Promotions: As an Affiliate Site, you will be entitled to participate and promote on your site any competitions and special promotions we may offer, and in connection therewith, we shall make such competitions and promotions available to users of your site. In addition, you will be entitled to earn commissions as set forth in sections 6 and 7 below

c. Compliance with the Agreement: We have the right in our absolute discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.

d. Exclusivity: This agreement does not prevent an Affiliate from selling/fulfilling other published titles, including proprietary titles, on its site or from accepting paid advertising from other online retailer.
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5 Commission determination
  a. Only Fleurop.com Products that are (i) sold by us, (ii) purchased by users linking to our site from your site pursuant to a Link ("Linked Users"), (iii) shipped by us, and (iv) for which we have received full payment will qualify for a commission.

b. Commission rates will be based on the aggregate amount actually paid to us for qualifying purchases of the Fleurop.com. This does not include amounts collected by due to credit card fraud and bad debts. All available items on our site will be included in the computation of Net Sales, regardless of whether the item is a standard delivery" or "express delivery" item. Commission rates (including VAT) are as follows:

Fleurop.com Products:

Commission rates are based on the Net sales your Link(s) generate per month as set out in the schedule below:
  • Earn 10 % commission for monthly sales under 700 USD.
  • Earn 11 % commission for monthly sales starting at 700 USD.
  • Earn 12 % commission for monthly sales starting at 1400 USD.
  • Earn 13 % commission for monthly sales starting at 4000 USD.
  • Earn 14 % commission for monthly sales starting at 6000 USD.
From time to time Fleurop.com may run a promotion that may offer affiliates commissions in excess of the commissions described above. On such occasions, the promotional commission structure will replace the above commission structure for the period of the promotion, to the favour of the affiliate

In the commissions set out above payment is included to compensate Affiliate for any enlargement of the customer base of Fleurop.com respectively. Affiliate confirms with the acceptance of this agreement that it has no claim for any further compensation in the case of termination of this agreement as to the commissions set out above.
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6 Commission payment
  The commission payments are done (Checks and in US $) at the end of every month by LinkShare.
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7 Sales reports
  You will be given a password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis.
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8 Policies and Pricing
  Customers who buy Fleurop.com Products through the Affiliate Programme will be deemed to be customers of Fleurop-Interflora. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and Fleurop.com Product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, prices and availability of Fleurop.com Products may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
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9 Publicity
  You shall not create, publish, distribute, or permit any written material that makes reference to us as a partner without gaining our written consent, which we agree shall not be unreasonably withheld. See also Section 10.E.
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10 Licenses and use of FLEUROP.com logos and trademarks
  A. WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO:

  1. Access our site through the Links solely in accordance with this agreement and in accordance with the territory mentioned
  2. Use the Fleurop.com Trademarks and Logos solely in connection with such Links and in accordance with the territory mentioned
  3. To use similar identifying material relating to us and for the sole purpose of linking your site to our site, where your users can purchase Fleurop.com products. site for the sole purpose of linking your site to our site, where your users can purchase Fleurop.com products).
B. You may not alter, modify, or change the licensed materials in any way.

C. You are only entitled to use the licensed materials to the extent that you are an existing member in good standing with the Affiliates Programme.

D. You shall not make any specific use of any Licensed Materials for purposes other than in connection with the sale of Fleurop.com Products on your site.

E. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light.

F. We reserve all of our rights in the Licensed Materials and of our other proprietary rights.

G. We may revoke your license at any time, by giving you written notice.

H. In entering into this agreement, you allow us to provide Links from Fleurop.com sites to your web sites for the purpose of promoting our partnership.

I. This license shall terminate upon the effective date of the expiration or termination of this Agreement.
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11 Obligations of your web site
  A. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Such responsibilities include, but are not limited to:
  1. The technical operation of your site and all related equipment, though we do provide technical support through email affiliates@fleurop.com;
  2. The accuracy and propriety of materials posted on your site (including, but not limited to, all Fleurop.com-related materials);
  3. Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party including any intellectual property rights, are not unlawful, harmful, threatening, defamatory, obscene or indecent, harassing, or discriminatory on the grounds of disability, race, sex, ethnicity, sexual orientation, age or otherwise objectionable.
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12 Term of the agreement
  The term of this Agreement will begin upon our acceptance of your Affiliate Programme application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commission on sales occurring during the term, and commissions earned through to 11.59pm GMT on the date of termination will remain payable. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
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13 Modifications
  We may modify any of the terms and conditions contained in this Agreement at any time in our absolute discretion. You will be notified by e-mail and a change notice will be posted on our site. Modifications may include, but are not limited to, changes in the scope of available commissions, commission schedules, payment procedures, and Affiliate Programme rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Affiliate Programme following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
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14 Relationship of parties
  You and Fleurop.com 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.
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15 Disclaimers
  We make no express or implied warranties or representations with respect to the Affiliate Programme or any Fleurop.com Products sold through the Affiliate Programme (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
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16 Representations and warranties
  You hereby represent and warrant to us as follows:

a. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.

b. The execution, delivery, and performance by you of this Agreement and the undertaking by you of the transactions contemplated hereby does not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgement, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.

c. You are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the license to use your trademarks in the manner contemplated herein, and such grant does not and will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.

d. No consent, approval, or authorisation of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby.

e. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any group company of yours, with respect to the execution, delivery, or undertaking of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.

f. You are an adult of at least 18 years of age.
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17 Confidentiality
  Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and supplier lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilised, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorised to deliver a copy of any such information (a) to any person pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.
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18 Limitation of liability
  SAVE FOR DEATH OR PERSONAL INJURY, WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAMME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAMME WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
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19 Indemnity
  You hereby agree to indemnify and hold harmless Fleurop.com and its holding company, subsidiaries and other group companies, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgements, settlements, costs, and expenses (including reasonable legal fees and expenses) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
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20 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 AFFILIATE PROGRAMME AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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21 Governing law
  This Agreement (a) represents the entire agreement between the Parties with respect to the subject matter hereof and supersedes any previous or contemporaneous oral or written agreements regarding such subject matter, and (b) will be interpreted, construed and enforced in all respects in accordance with the laws of Switzerland, without reference to its choice of law rules. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.

If any provision of this Agreement is held to be invalid, such invalidity will not affect the remaining provisions. Each party agrees that any and all actions brought to enforce any provision of this Agreement or to resolve any dispute arising out of this Agreement shall be brought solely in the courts of Zurich, Switzerland, and each party hereby consents to the personal jurisdiction of such courts.
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