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Do you have a Web site? If so, you can jump into the world of electronic commerce today by joining the Lil' Hercules Associate
Program.
How does the Lil' Hercules Affiliate Program Work? We pay fast. For each winch sold at regular price
($289.95) We pay you $25.00, for each hoist sold at regular price ($300.00) we pay you $35.00 per sale.
Payment is sent to associates within 10 days of sale! We pay 5% commission on all other products on the order
page. We only pay for completed sales.
Start Today and earn money fast. By simply linking to Lil' Hercules.com,
you can earn generous referral fees and bonuses by having visitors click from your site to Lil' Hercules to
purchase items. Lil' Hercules handles all of the customer service, fulfillment, shipping, and tracking of sales
generated from your site. We provide you with a wide selection of linking options. All you have to do is decide how you want to link to Lil' Hercules.com. Anyone with a Web site can be an
Associate!
Why Should You Become an Lil' Hercules Associate?
That's easy! Linking your site to Lil' Hercules means you are working with the worldwide leader in e-commerce
and are a member of the first and most successful Associates program of its kind. Here are more great reasons:
Great Pay, fast Pay (we pay within 10 days of sales from your site.
Operating Agreement
This Agreement contains the complete terms and conditions that apply to an individual's or entity's
participation in the Lil' Hercules Associates Program (the "Program"). As used in this Agreement, "we"
means Lil Hercules.com , and "you" means the applicant. "Site" means a World Wide Web site and,
depending on the context, refers either to Lil' Hercules.com's site, located at the URL
www.Littlehercules.com, or to any site that you will link to our site (and which you will identify in your
Program application).
1.Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application via our site. We will
evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject
your application if we determine (in our sole discretion) that your site is unsuitable for the Program.
- Unsuitable sites include those that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promote illegal activities
- include "hercules" or variations or misspellings thereof in their domain names
- otherwise violate intellectual property rights
If we reject your application, you are welcome to reapply to the Program at any time. You should also
note that if we accept your application and your site is thereafter determined (in our sole discretion) to
be unsuitable for the Program, we may terminate this Agreement.
2.Links on Your Site
Once you have been notified that your site has been accepted into the Program, you may provide on your
site one or more of the following types of links to our site:
General Link to Lilhercules.com Home Page: You may provide a general link on your site to our home page
at http://www.littlehercules.com.
We will provide you with guidelines and graphical artwork to use in linking to our home page. To permit
accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link
formats to be used in all links between your site and our site. You must ensure that each of the links
between your site and our site properly utilizes such special link formats. Links to our site placed on your
site pursuant to this Agreement and which properly utilize such special link formats are referred to as
"Special Links." You will earn referral fees only with respect to activity on our site occurring directly
through Special Links; we will not be liable to you with respect to any failure by you to use Special Links,
including to the extent that such failure may result in any reduction of amounts that would otherwise be
paid to you pursuant to this Agreement.
3.Order Processing
We will process Product orders placed by customers who follow Special Links from your site to our site. We
reserve the right to reject orders that do not comply with any requirements that we may establish
periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things,
we will prepare order forms, process payments, cancellations, and returns, and handle customer service.
We will track sales made to customers who purchase Products by using Special Links from your site to our
site and will make available to you reports summarizing this sales activity. The form, content, and
frequency of the reports may vary from time to time in our discretion.
4.Referral Fees
We will pay you referral fees on certain Product sales to third parties. For a Product sale to be eligible to
earn a referral fee, the customer must follow a Special Link from your site to our site, select and purchase
the Product using our automated ordering system, accept delivery of the Product at the shipping
destination, and remit full payment to us. We will not, however, pay referral fees on any Products that are
added to a customer's Shopping Cart or are purchased via our 1-800 number. Click feature after the
customer has reentered our site (other than through a Special Link), as determined by us, even if the
customer previously followed a link from your site to our site, or for Products that are purchased through
any device (an "Internet Access Appliance") that provides Internet access but does not present our site,
or permit users to access and interact with our site, in the same manner as a desktop computer (e.g.,
mobile devices such as cellular telephones or PDAs that may access only limited or modified versions of our
site). In addition, Products listed in our catalog or in search results as "out of print" or "hard to find" are
not eligible for any referral fees. Gift certificates are not eligible to earn referral fees.
You may not purchase products during sessions initiated through the links on your site for your own use,
for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or
orders for products to be used by you or your friends, relatives, or associates in any manner. Such
purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this
Agreement. Products that are eligible to earn referral fees under the rules set forth above are referred to
as "Qualifying Products."
In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or
incentive (including, without limitation, payment of money (including any rebate), or granting of any
discount or other benefit) for using Special Links on your site to access our site (e.g., by implementing any
"rewards" program for persons or entities who use Special Links on your site to access our site); (b) post
any Special Links on any Web site or other platform that is accessible through any Internet Access
Appliance; (c) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or
other materials submitted to us by any person or entity; (d) in any way modify, redirect, suppress, or
substitute the operation of any button, link, or other interactive feature of our site; (e) make any orders
or subscription requests, or engage in other transactions of any kind on our site on behalf of any third
party, or authorize, assist, or encourage any other person or entity to do so; (f) take any action that
could reasonably cause any customer confusion as to our relationship with you, or as to the site on which
any functions or transactions (e.g., search, order, browse, and so on) are occurring; or (g) post or serve
any advertisements or promotional content around or in conjunction with the display of our site (e.g.,
through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage
any third party to take any such action. If we determine, in our sole discretion, that you have engaged in
any of the foregoing activities, we may (without limiting any other rights or remedies available to us)
withhold any referral fees otherwise payable to you under this Agreement and/or terminate this
Agreement.
1.Customers who buy products through this Program will be deemed to be customers of Littlehercules.com.
Accordingly, all Littlehercules.com rules, policies, and operating procedures concerning customer orders,
customer service, and product sales will apply to those customers. We may change our policies and
operating procedures at any time. For example, we will determine the prices to be charged for products
sold under this Program in accordance with our own pricing policies. Product prices and availability may
vary from time to time. Because price changes may affect Products that you already have listed on your
site, you may not include price information in your Product descriptions. We will use commercially
reasonable efforts to present accurate information, but we cannot guarantee the availability or price of
any particular product.
2.Identifying Yourself as an Associate
We will make available to you a small graphic image that identifies your site as a Program participant. You
must display this logo or the phrase "In association with Littlehercules.com" somewhere on your site. We
may modify the text or graphic image of this notice from time to time. You may not make any press release
with respect to this Agreement or your participation in the Program without our prior written consent,
which may be given or withheld in our sole discretion. In addition, you may not in any manner misrepresent
or embellish the relationship between us and you, or express or imply any relationship or affiliation
between us and you or any other person or entity except as expressly permitted by this Agreement
(including by expressing or implying that Littlehercules.com supports, sponsors, endorses, or contributes
money to any charity or other cause).
3.Limited License
We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 8 and
such other images for which we grant express permission, solely for the purpose of identifying your site as
a Program participant and to assist in generating Product sales. You may not modify the graphic image or
text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text,
any other images, our trade names and trademarks, and all other intellectual property rights. You agree
to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your
license at any time by giving you written notice.
4.Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all
materials that appear on your site. For example, you will be solely responsible for:
the technical operation of your site and all related equipment
creating and posting Product descriptions on your site and linking those descriptions to our catalog
the accuracy and appropriateness of materials posted on your site (including, among other things,
all Product-related materials)
ensuring that materials posted on your site do not violate or infringe upon the rights of any third
party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary
rights)
ensuring that materials posted on your site are not libelous or otherwise illegal
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims,
damages, and expenses (including, without limitation, attorneys' fees) relating to the development,
operation, maintenance, and contents of your site.
5.Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program 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. Upon the termination of this Agreement for
any reason, you will immediately cease use of, and remove from your site, all links to our site, and all
Littleherculescom trademarks, trade dress, and logos, and all other materials provided by or on behalf of
us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on
our sales of Qualifying Products that occur during the term, and referral fees earned through the date of
termination will remain payable only if the related orders are not canceled or returned. We may withhold
your final payment for a reasonable time to ensure that the correct amount is paid.
6.Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole
discretion, by posting a change notice or a new agreement on our site. Modifications may include, for
example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and
Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE
THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE
NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
7.Relationship of Parties
You and we 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.
8.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 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
Program will not exceed the total referral fees paid or payable to you under this Agreement.
9.Disclaimers
We make no express or implied warranties or representations with respect to the Program or any
products sold through the Program (including, without limitation, warranties of fitness, merchantability,
noninfringement, 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 site will be uninterrupted or
error-free, and we will not be liable for the consequences of any interruptions or errors.
10.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 OTHER THAN AS SET FORTH IN THIS AGREEMENT.
11.Miscellaneous
This Agreement will be governed by the laws of the United States and the state of Virginia, without
reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the
federal or state courts located in Virginia Beach, Virginia, and you consent irrevocably to the jurisdiction of
such courts. 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
be 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 provision or any other provision of this Agreement.
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