This Agreement contains the complete terms and conditions that apply to an
individual's or entity's participation in The Beeping Wallet (TM) Affiliate Program (the "Program"). As used in this Agreement,
"Affiliate" means you, the applicant, "Kopel, INC." refers to the
owner of The Beeping Wallet (TM).
- To participate in the program, Affiliate selects
banners and/or text to feature, display, etc. at their web site that have special code
that identifies them as a partner. The use of OPT-IN subscription based email newsletters
to promote the products of Kopel, INC. is also encouraged.
- We will provide a special link to use on your page that will refer
customers to full page displays of the merchandise on our site, including an online
- Kopel, INC. agrees to pay Affiliate 20% of all delivered
sales minus tax/Shipping & Handling resulting from a direct link from Affiliate's
site. Customers referred to us by you through word of mouth, or by an improperly
configured link on your site are not eligible referrals, and will not count towards your
calculated commission fees. Because prices may fluctuate, we do not recommend displaying price information at
the Affiliates' site, nor will Kopel, INC. be held responsible for incorrect information
presented at Affiliate's site.
- Kopel, INC. will pay referral commission to Affiliate on a
bi-monthly basis. 30 days must transpire in case of return or exchange.
Rules for qualified commissions are:
- All payments for the purchase have been received
- 30 days have passed from the date of purchase
- No items of the purchase have been returned
- If commission owed in a month is less than $50, commissions will be
carried over to the next month until they total at least $50, or until Affiliate notifies
us that they are discontinuing the program. Upon ending the relationship all monies will
be paid out on the 15th of the following month.
- If merchandise on which a referral commission was paid is later
returned or exchanged by the customer, its referral fee will be deducted from Affiliate's
- Partner will be furnished a real time affiliate accounting system
to give them access to their earnings through and easy to use web based form. The
accounting system is available 24 hours a day / 7 days a week.
- Kopel, INC. is responsible for processing all orders placed by a
customer following a link from Affiliate's web site, using Kopel, INC's online
ordering process. Order forms, payment processing, shipping, cancellations, returns, and
related customer service are the responsibility of Kopel, INC..
- Partner is solely and completely responsible for verifying that the
links from their web site to Web Marketing Services, INC. are correct.
- Partner is solely responsible for ensuring that promotional material
at your site, which may include but is not limited to, descriptions, and articles, obey
all applicable copyright and other laws. Kopel, INC. will have no liability or
responsibility for a failure on the part of Affiliate to fulfill this responsibility.
- Every customer who buys merchandise through this program is deemed to
be a customer of Kopel, INC.. Affiliate does not have the authority to make or accept any
offer on behalf of Kopel, INC.. All Kopel, INC. policies regarding customer orders,
including availability, pricing, and problem resolution, will apply to these customers.
Kopel, INC. is not responsible for any representations made by the Affiliate which
contradict policies currently published at our web site.
- Affiliate agrees to display a Kopel, INC. graphic and/or text link at
their site, with the graphic and/or text linked back to Kopel, INC.. Graphics and text for
partners to use are available in our Affiliates area, to which you will be provided access
following program sign-up.
- Kopel, INC. maintains all rights to choose which sites they will take
into this program. Publishers and author sites may freely participate in the program, as
long as their sites meet its criteria. Kopel, INC. reserves the right to limit
participation in this program to sites whose editorial content will not compromise our
- The graphics used on the Kopel, INC. site are the property of the
respected owners and are available only as advertising materials; the content and
annotations are all copyright Kopel, INC. unless specifically noted otherwise. Affiliates
may freely copy and use these graphics, and annotations as long as they are used
specifically for this purpose, and as long as the the following conditions are met: they
are unchanged , unedited and they are for the purpose of selling Kopel, INC. merchandise.
In the event that Affiliate or Web Marketing Services, INC. terminates this agreement, for
any reason, Affiliate agrees to remove any graphics or text that were taken from the
Kopel, INC. site from their pages.
- This program is intended for commercial use only, and commissions are
due on the sale and delivery of merchandise to third parties only, sales to partners or
their family members may be included at Kopel, INC.'s discretion .
- Kopel, INC. does not condone the sending of unsolicited commercial
email, and sending such email in association with this program is expressly forbidden. The
sending of unsolicited commercial email with a Affiliate id will result in immediate
removal from the program and loss of all past and future commissions. Should any harm come
to Kopel, INC. as a result of the sending of unsolicited commercial email in association
with this program, Kopel, Inc may take action to recover all losses, including all legal
fees and recovery for harm done.
- Kopel, INC. will make every effort to keep its web site operational.
However, certain technical difficulties may, from time to time, result in temporary
service interruptions. Affiliate agrees not to hold Kopel, INC. liable for any of the
consequences of such interruptions. Kopel, INC. agrees not to hold Affiliate liable for
similar situations and their consequences.
- This agreement may be terminated by either party for any reason at
any time by notifying the other party in writing. Email notification to
[email protected] or to your email address of record is considered adequate for
- Kopel, INC. makes no warranties, representations, or conditions with
regard to the program or, except as expressly set forth in Kopel, INC. then current sales
policies, any items sold there under, 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.
- Kopel, INC. 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 Kopel, INC. has been advised of the
possibility of such damages. Further, Kopel, INC. aggregate liability arising under or
with respect to this agreement or the program shall in no event exceed the total referral
commissions paid or payable by Kopel, INC. to Affiliate under this agreement.
- The use of the term "Affiliate" in this agreement is purely
to indicate a friendly working relationship and does not infer a permanent association.
The Beeping Wallet, Kopel, INC. and Affiliate are independent organizations, 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.
Partner shall not assign this Agreement, by operation of law or otherwise, without the
prior written consent of Kopel, INC.. 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. This agreement shall be governed by the laws of the
State of California.