This Agreement is made by and agreed to between Manila Florist, Inc. and you (Affiliate website). Manila Florist, Inc. will compensate you in your participation as an Affiliate in accordance with the terms and conditions specified in this Agreement.

Responsibilities.
Manila Florist will provide you all the graphic and textual links, banner or medallion ads or other promotional offers like contests and special promotions that will serve as links from your website to Manila Florist website. Each of these advertising offers/marketing materials and links will be referred herein as simply "Link(s)" or "your Links" when such links are already set-up on your website. Manila Florist will make all Links available thru a password-protected Affiliate Administration area, which contains a complete set of instructions guiding you through the process of finding the Link(s) and setting them up. You may pick the Link(s) that you may display as often and in as many areas of your websites. As an Affiliate you shall notify Manila Florist of any failure or malfunction of the Link(s). You are also expected to implement any request of Manila Florist to remove, alter or modify any Link(s). However, you may not alter, modify, amend, change or remove any Link(s) in your own will or preference, unless expressly authorized by Manila Florist.

As an Affiliate you shall remain solely responsible for the content of your website and subscription email, if any. You shall also ensure that materials and content on your website and subscription email will not (1) violate any laws, rules or regulations; (2) contain or promote libelous, defamatory, pornographic, obscene, abusive, discriminatory, violent, hate-oriented, illegal products or services. You must also warrant that your website operation does not engage in spamming. Spamming activities include placing links in newsgroups, message boards, guestbooks, IRC and other chatrooms, and sending unsolicited emails. Manila Florist reserves the right to monitor your website from time to time to determine your compliance to the terms and conditions of this Agreement.

Payment/Commissions.
Manila Florist will pay your commissions on all orders placed by customers as direct results of the Link(s). The standard commission rate is 12% of the total amount of net sales made through your Link(s). A net sale is the amount of the purchased product excluding taxes, duties, shipping, and credit card processing fee (and other similar charges). Commissions are up to the sole discretion of ManilaFlorist.com and are legitimate to be amended any time. If a change in commission structure will be instituted, ManilaFlorist.com will notify you by email at least 15 days prior to the effectiveness of the change.

A purchase [made by a customer thru your Link(s)] will be credited to your account after a 30-day maturity period, which is a waiting stage to ensure customer transaction is legitimate; and which is important to avoid commission debit. Commission debit is defined as the amount previously credited to your commission but is later deducted from your next calendar month's total commission because the transaction made by the customer was proven to be illegal.

Commissions are paid monthly thru Paypal when your commissions reached $25.00. If your commission for any month is less than $25, the total amount will be carried to the next month. You may check the real-time reports on all purchases made via your Link(s) through the password-protected Affiliate Administration Area. Month-end reports of purchases and commissions will also be available in the said area. The month-end reports are downloadable.

Affiliates who have not earned commissions for six consecutive calendar months will be considered dormant and the account shall be deactivated. To activate the account, one must go through the same sign-up process.

Charge-backs.
In cases of charge-backs due to non-bona fide customer transactions, previously credited commissions (for said non-bona fide customer transactions) will be deducted from your next calendar month's total commission.

Ownership, Rights and Licenses.
Each party owns and retains all right, title and interest in its names, logos, trademarks, copyrights, service marks and similar identifying materials. Manila Florist grants you a revocable, royalty free, non-exclusive, non-transferable license to use Manila Florist's logos, trademarks, service marks and similar identifying materials to Manila Florist, in accordance with this Agreement, for the sole purpose of fulfilling your responsibility of being an Affiliate. You grant us a revocable, royalty free, non-exclusive, non-transferable license to use your logos, trademarks, service marks and similar identifying materials of your website for purposes leading to the promotion of Manila Florist's products. Manila Florist is not required to promote your website in any way. This license shall expire upon termination of this Agreement.

You shall not create, publish, distribute any written or graphic material that makes reference to Manila Florist, even for the purpose of selling products of Manila Florist, unless Manila Florist's consent is sought and a written permission is granted.

Manila Florists will fulfill all orders placed by customers thru your Link(s). You are not in any way authorized to transact with customers even if they are the customers who purchase through your Link(s).

You shall not sublicense, assign or transfer license granted to you by Manila Florist to a third party even for the purpose of promoting or selling products of Manila Florist.

Termination.
Either party may terminate this Agreement (and thus terminates Affiliates Account) at any time, with or without cause by giving the other party 10-day notice of termination. Any customer purchases [made thru your Link(s)] made before termination of Agreement and Affiliate Account are still eligible for commissions. Manila Florist may withhold your final payment of commissions for a reasonable time to ensure that the correct amount will be paid.

Any suspected fraudulent or illegal content or activity, including spamming, of your website is ground for immediate termination of this Agreement and your Affiliate account with Manila Florist. Manila Florist reserves the right to cancel any pending commissions.

Modification.
Manila Florist reserves the right to modify, alter or amend this Agreement, in whole or in part, at any time in its sole discretion. Manila Florist will notify you by email and post notice on the Affiliate section of the Manila Florist website at least 15 days prior to effectiveness of the changes. You shall have the right to terminate this Agreement (and Affiliate account) in the event that you do not agree to such changes.

Privacy and Confidentiality.
Manila Florist and you may disclose to one another certain information that are confidential including but not limited to marketing, sales and financial information. All such information shall remain the sole property of the disclosing party; and its confidentiality shall be maintained and protected by the receiving party; and the receiving party shall not disclose such information to a third party without the consent of the disclosing party. Confidential information shall not include information that is or becomes part of the public domain, or is lawfully received by the receiving party from a third party, or information that is already in the possession of the receiving party prior to the effectiveness of this Agreement.

Term and Notices.
This agreement shall commence upon your indication that you have accepted this Agreement by clicking the acceptance button and shall last until terminated in accordance with the terms and conditions stated in this Agreement.

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