Hollywood Collectibles Group Affiliate Program Terms and Conditions

AFFILIATES PROGRAM TERMS & CONDITIONS

1. Confidentiality
As one of our affiliates, information may be supplied to you including but not limited to images or names of products or new licenses prior to this information being released into the public domain by Hollywood Collectibles Group. You must not share this information via your website, mailing list, forums or any other means prior to it being released into the public domain by Hollywood Collectibles Group.
This agreement does not confer rights in any intellectual property, including without limitation, any intellectual property with respect to link formats, technical specifications, graphical artwork, or with respect to the domain names operated by Hollywood Collectibles Group.

2. Limited License
We grant you a non-exclusive, revocable right to use the graphic image and text contained on our website and such other text or 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 use such image or text in an offline promotion or other offline manner (e.g., in any printed material, mailing or other document). 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. We may revoke your license at any time by giving you written notice.

3. 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 the Hollywood Collectibles Group Site 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.
ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

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.

4. Referral Fees
For a sale to be eligible to receive a referral fee, the sale must be completed and payment received as below.
1. The customers must access our site by clicking on the affiliate link from your site to our site and add a product to their shopping cart.
2. Payment must be received and product shipped to the customer.

Some products we offer for pre order. Referral fees will only be paid on these items once payment has been received and the product shipped to the customer. We will pay referral fees for 90 days for any products that are added to a customers Cart and purchased after the customer has re-entered our site if the customer previously followed a link from your site to our site.

5. Payment of Referral fees
We will pay all referral fees due on a monthly basis, 30 days after the month end. If a customer subsequently returns a product that was purchased using your affiliates link the relevant affiliates fee associated with that purchase will be deducted from your next payment. If you have not generated sufficient income that month to cover this chargeback then we will invoice you for any shortfall.

6. Cookie Retention
We use cookies to track when a customer has used an Affiliate link to access our website. This identifies which affiliates website the customer has been referred from and is retained for 90 days after the customer first visits our website, unless the original cookie is altered, deleted or overwritten during the 90-day period. Hollywood Collectibles Group expressly disclaims any responsibility for the actual length of time that cookies generated by an affiliate referral remain in a customers computer as cookies can be erased purposely or inadvertently by the customer or another Affiliate's subsequent referral of the same customer. Also Hollywood Collectibles Group will not be responsible for any loss of referral fees due to the deletion, alteration or malfunction of customer cookies.

7. Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

8. SPAM Compliance
You represent and warrant that you will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN SPAM Act of 2003 and/or any other laws and/ or regulations that govern email marketing and/or communications. You may not send Unsolicited Commercial E-mail (SPAM) mentioning, promoting or advertising the Hollywood Collectibles Group Affiliate Program or its products. Any violation will result in termination of your Affiliate account. You will also be liable for any damages awarded by a court of law.

9. 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 the Hollywood Collectibles Group website, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you. You are eligible to earn referral fees only on 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 cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

10. Search Engines and Keywords
You expressly agree to observe Hollywood Collectibles Group exclusive rights to the names of its properties, including but not limited to Hollywood Collectibles Group, Xtreme Dform and Clip –It Keychain, 4Pay and S.T.A.R. product within all pay-for-placement and other search engine advertising. You are not permitted in any context including but not limited to pay-for-placement or other search engine advertising, to represent that you are Hollywood Collectibles Group, or that you are in any manner related to or that you represent Hollywood Collectibles Group for any purpose. Violation of this agreement will be result in the immediate termination of your Affiliate account.

11. 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.

12. Disclaimers
Hollywood Collectibles Group 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 the Hollywood Collectibles Group website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

13. 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.