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  Terms of the affiliate program

Almena USA Affiliate Agreement

This Affiliate Agreement ("Agreement") contains the complete terms and conditions between us, (AlmenaUSA) and you, regarding your application to participate as an affiliate of (“Affiliate”). Execution by you of this Agreement as set forth below constitutes your acceptance of the terms and conditions of this Agreement, and will be a legally binding agreement between you and Almena USA.

1. Affiliate Program Enrollment. To become a participant in the AlmenaUSA Affiliate Program, you will need to read the Affiliate Agreement and then accept the agreement. Your are Eighteen (18) years of age or older. Once you complete the registration process, we may reject your application if we determine, in our sole discretion.

2. Order Processing. We will process orders placed by customers on the AlmenaUSAweb site. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements which we may establish from time to time. All aspects of order processing and fulfillment, including order entry, customer service, cancellations, and payment processing will be our responsibility. We will track the amount of sales generated with your Affiliate Identification Key (“AIK”) and will make this information available to you through our Web site. To permit accurate tracking, reporting, and commission accrual, you must ensure that your AIK is properly entered at the time the order is processed. Failure for you customer to enter your “AIK” at the time order placement will forfeit any discount and commission for this order.

3. Commissions. We will pay a commission of Fifteen (15%) percent, (the "Commission Rate") of the Net Sales for AlmenaUSA Products. We will offer a Ten (10%) discount to the purchaser on specific Almena USA product(s), for entering your AIK on the order at the time of purchase from our Web site, utilizing our order placement process, for which we have received full payment. Net Sales shall include those amounts received by us for the sale of products less cancelled or fraudulent amounts or other taxes, duties, or unforeseen charges. A commission will only be paid if the customer to our Web site is tracked by the system at the time of the sale and by your Affiliate Identification Key (AIK).  In order for a sale to qualify for a commission the customer must enter the order using your AIK, and order our products or services using our online ordering system.

We will pay your commissions on a monthly basis. Within approximately 20 days following the end of each month, we will send you a check for the commission earned on products ordered and purchases made during the preceding month. If the commission payable to you for any month is less than ten ($10.00) U.S. dollars, we will hold those commissions until such time as your commission earned equals at least ten ($10.00) U.S. dollars.

AlmenaUSA also retains the right to review all commissions for possible fraud, including but not limited to the use of software that generates real and fictitious customer’s sales. Unauthorized duplication of software, any incidence of fraud constitutes a breach of this Agreement, and AlmenaUSA retains full authority to terminate this Agreement immediately.

4. Policies and Pricing. Customers who buy products through the Affiliate Program are customers of AlmenaUSA. All AlmenaUSA rules, policies, and operating procedures concerning customer orders, customer service, and sales apply to these customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for items of products sold under the Affiliate Program in accordance with our own pricing policies. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular item of Products.

5. Non-Exclusive Limited License and Use of AlmenaUSA and associated companies.  We grant you a non-transferable, non-exclusive, revocable license to (i) promote AlmenaUSA products as set forth under the terms of this Agreement and (ii) solely in connection AlmenaUSA or AlmenaUSA web, to use our downloadable sales promotional materials and brochures (collectively, "Licensed Materials"), solely for the purpose of selling products on the AlmenaUSA web site. You are not permitted to alter, modify or change the Licensed Material of AlmenaUSA in any way whatsoever. You may only use the Licensed Materials to the extent you are a member, in good standing, of the Affiliate Program. You may not use any Licensed Materials for purposes other than selling our products, without first submitting a sample of such use to us and receiving our prior written consent. You are not permitted to use the Licensed Materials in any manner that is disparaging AlmenaUSA or that similarly does the same otherwise or to anyone else negatively. We reserve all of our rights in the Licensed Materials and all other intellectual property rights. We may revoke your license at any time by written notice to you. You acknowledge that, except for the license expressly granted in this Agreement, you have not acquired and will not acquire any right, interest or title to the Licensed Materials by reason of this Agreement or through the exercise of any rights in the Licensed Material granted to you under this Agreement. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

6. Obligations Regarding Your representation of AlmenaUSA. You will be solely responsible for all related AlmenaUSA product representation and descriptions you make; the accuracy and appropriateness of materials you promote; for ensuring that materials represented by you do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, spam, privacy or other personal or proprietary rights); and for ensuring that materials are not libelous or otherwise illegal.

You agree that your representation or the impression that promote products, will not in any way appear that you are an employee of AlmenaUSA. You also agree that your promotion or any materials which are proprietary to AlmenaUSA or, except (i) without our prior permission, or (ii) materials obtained by you via the Affiliate Web site in accordance with the provisions hereof or the policies or instructions thereon. You agree that you will not falsely or disguise any product name, any text, any advertising advisement and or marketing method you may wish to use displaying the appearance that the advertisement is being made by AlmenaUSA or, and or any of our other companies. We disclaim all liability for such matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorney’s fees and expert witness fees) relating to the development, operation, maintenance, and contents of your promotions of the AlmenaUSA Products.

Upon the termination of this agreement for any reason, you will immediately cease use of Licensed Material and any other names, marks, symbols, copyrights, logos, fanciful or other characters, designs, representations, figures, drawings, photographs, ideas or other proprietary designations or properties owned, developed, licenses or created by us and/or provided by or on behalf of us to you pursuant to this Agreement or in connection with the Affiliate Program.

7. Marketing. You agree at all times, the uses of any logo’s will not be broadcasted as unsolicited e-mail and Spam via the internet to any third party without the expressed written consent of AlmenaUSA. Affiliate may broadcast via e-mail to its own mailing list from which the affiliate accumulates by its own means of opt-in or opt-out as long as it causes no harm, complaints or confusion to AlmenaUSA or

In the event of a Spam complaints the affiliate will immediately upon email notification from AlmenaUSA or, cease any and all broadcasting containing contents which includes any and all banners, links and logo’s related to AlmenaUSA or and associated companies. The Affiliate will remove all banners, links and logos related to The Affiliate will, as a result be terminated and will forfeit all commissions and be liable for any and all damages arising for this action.

8. Term. The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either Party. At any time, either Party may terminate this Agreement, with or without cause, by giving the other Party written notice of termination. If this Agreement is terminated for any reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid. You will forfeit any and all commissions earned, if we terminate this agreement due to any violation of the terms and conditions set forth in the Affiliate Agreement.

Upon the termination of this agreement for any reason, you will immediately cease use of all Licensed Material and any other names, marks, symbols, copyrights, logos, fanciful or other characters, designs, representations, figures, drawings, photographs, ideas or other proprietary designations or properties owned, developed, licenses or created by us and/or provided by or on behalf of us to you pursuant to this Agreement or in connection with the Affiliate Program.

9. Modification. We may modify any of the terms and conditions contained in this Agreement, at any time or in our sole discretion. Posting on our Web site of a change notice or a new agreement is considered sufficient notice. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement, your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our Web site will constitute binding acceptance of the change.

10. Limitation of Liability. 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 Program, 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 Program will not exceed the total commissions paid or payable to you under this Agreement.

11. Relationship of Parties. You and AlmenaUSA or 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 (a) have no authority to make or accept any offers or representations on our behalf and (b) not make any statement, whether on your Web site or otherwise, that reasonably would contradict anything in this Section

12. Age Requirement. You must be Eighteen (18) years of age or older, to participate as an Affiliate.

13. Disclaimers. We make no express or implied warranties or representations with respect to the Affiliate Program or any products or other items sold through the Affiliate Program (including without limitation warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Web site will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.

14. Representations and Warranties. You hereby represent and warrant to us the following: (i) this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in the State of California and in accordance with its terms; (ii) the execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate any provision of law, rule or regulation to which you are subject to, any order, judgment or decree applicable to your or binding upon your assets or properties, any provision of your by-laws or certificate of incorporation or any agreement or other instrument applicable to you or binding upon your assets or properties; and (iii) you are an adult of at least 18 years of age.

15. Confidentiality. We may disclose to you certain information as a result of your participation as part of the Affiliate Program, or training methods, which information we consider to be confidential (herein referred to as "Confidential Information or trade secrets") which shall include, but not be limited to, any modifications to the terms and provisions of this Agreement made specifically for your Web site and not generally available to other members of the Affiliate Program, Web site, business and financial information relating to customer and vendor lists relating to AlmenaUSA, and associated companies pricing and sales information, and any members of the Affiliate Program, other than you. Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your 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 or if the same is required by law or legal process, hereinafter referred to as “Trade Secrets”.

16. Acceptance.  By accepting this agreement (clicking on the acceptance button) you agree to all terms and conditions of this agreement.

© 2010 AlmenaUSA. All rights reserved.