Burke Decor LLC Affiliate Agreement

This agreement describes the entire terms and conditions for participation in the Burke Décor LLC (DBA “BurkeDecor.com”) Affiliate Program. In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to Burke Decor LLC or BurkeDecor.com.

By signing up for BurkeDecor.com’s Affiliate Program, you agree to abide by the terms and conditions contained in this Agreement. indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the BurkeDecor.com Affiliate Program.

Affiliate Site
BurkeDecor.com will create a unique URL for you when you submit a complete Affiliate Enrollment Form and Your Affiliate Status is Approved. This is the URL for your unique affiliate site. Approvals will be processed within 24-48 hours, holidays and weekends excluded.

Commissions  
You will receive 6% commission on orders referred from your site, once full payment is received by BurkeDecor.com. Each month, you have the ability to earn an extra 1% bonus, totaling 7%, if your site is responsible for 5 sales referrals during that month. You can also earn an extra 2% bonus commission, totaling 8%, after 10 sales referrals during that month.

BurkeDecor.com Affiliates can also receive commission from tied affiliates. A tied affiliate is defined as an affiliate who signs up through another affiliate. You will receive 2% commission from orders placed through 2nd tier affiliates. You will also receive 1% commission from orders placed through 3rd tier affiliates.

Payment
BurkeDecor.com will send a check for the applicable commissions within approximately 15 days after the end of each calendar month. If the customer returns any order that generated a referral fee, or if there are any returned checks or charge backs, the amount will be deducted from the next monthly payment. If there is no subsequent payment, the Affiliate will be invoiced.

Order Fulfillment
BurkeDecor.com will be solely responsible for processing every order placed by a customer on the Affiliate Site. BurkeDecor.com reserves the right to reject any order that does not comply with our rules, operating procedures and policies.

Customers
Customers who purchase products and services through the affiliate program will be deemed to be customers of BurkeDecor.com accordingly, all affiliate Tracking rules, policies and operating procedures concerning customer orders and services will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. BurkeDecor.com's policies will always determine the price paid by the customer.

Qualification for Commissions
Affiliates must have an active link from their website to their Affiliate site to qualify for commissions. Links must be sent to affiliates@BurkeDecor.com so that they can be verified and the Affiliates status upgraded to active. In order to qualify for commissions on sub-affiliate sales in any given month, an affiliate must personally sell at least one order during that month.

Non-Qualifying Sites
Affiliate Tracking reserves the right not to accept any site into the affiliate Program based on site content: sites that Do Not Qualify for the Affiliate Tracking Affiliate Program include sites which:

• promote sexually explicit materials
• promote violence
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• promote illegal activities
• violate intellectual property rights

Unsolicited Commercial Email
BurkeDecor.com's in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from BurkeDecor.com's affiliate Program, with no refund.

EBay and Amazon.com Sales Restrictions

BurkeDecor.com does not allow affiliates to place products, links, banners, or stores on eBay or Amazon. Violation of this policy will result in the termination of this contract and immediate dismissal from BurkeDecor.com's affiliate Program, with no refund.

Banners and Graphic Links

Affiliates may place BurkeDecor.com’s banners anywhere on their websites and as You see fit, or within non-spam emails.  BurkeDecor.com provides three (3) stock banners which can be accessed by logging in to Your account. If you would like to request additional images/specific sizes, please contact sales@burkeDecor.com for more information.

Scumware
Scumware is the use of Pop-up banners that hide banners that are displayed on a site, placement of icons beside keywords found in text that if clicked will take the visitor to someone else's site etc. BurkeDecor.com as a company promises it will not use such predatory advertising methods. Further, affiliates using such methods will have their account terminated.

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 and offers or representations on our behalf. You will not make any statement, whether on your site or otherwise that reasonably would contradict this statement. BurkeDecor.com has the right to reject a sale and/or terminate your contract with the BurkeDecor.com Affiliate Program at any time.286

Limitation of Liability
We will not be liable for indirect, special or consequential damages (or 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 commissions paid or payable to you under this Agreement.

Disclaimers
We make no express or implied warranties or representations with respect to the affiliate Program or your potential to earn income from the affiliate program. In addition, we make no representation that the operation of our site of the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

The laws of the United States and the State of Ohio, USA will govern this Agreement, 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 Ohio and you irrevocably consent to the jurisdiction or 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 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.

By submitting BurkeDecor.com's Affiliate Enrollment form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

Spam and Advertising Policy
BurkeDecor.com has a ZERO TOLERANCE spam policy. Anyone spamming with the BurkeDecor.com name, in any way, will be immediately terminated, forfeit their affiliate information, and any commissions earned.

If you violate this policy and it causes damage or loss to our servers, or causes one, or more of our web sites to be interrupted from normal service, you will be held liable for damages and loss of business.

Spam/spamming definition:
Sending any email with The BurkeDecor name or BurkeDecor.com's name to anyone that has not requested this information from you first.

Sending any email with The BurkeDecor name or the BurkeDecor.com domain name to any type of "Safe List" or through any type of "Safe List" service.

Sending any email with The BurkeDecor name or the BurkeDecor.com domain name to any type of "lead" of "prospect" before you have received a request for more information from them.

Sending any email with The BurkeDecor name or the BurkeDecor.com domain name as part of a confirmation or thank you letter as a result of a posting to a classified as site of a FFA (Free For All Links) site.

Even when the The BurkeDecor name or the BurkeDecor.com name are not mentioned or linked to in any way in your advertising, we encourage your ethical and honest business practice and we respect the privacy of others. To avoid even the appearance of Spam, always include unsubscribe information at the top and bottom of the email. Advertise an abuse@email address on your website and support the Anti-Spam organization of your choice.