Tipton Hurst - Affiliate Program



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Welcome Affiliate!
Join our affiliate program and start earning money for every sale you send our way!  Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.

Earn Even More!
Earn even more money by promoting your 2nd tier to other webmasters.  You'll earn an additional 25% of each sale generated by your 2nd tier affiliates!

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Username		Company Name
Password		Checks Payable
Password Again		Website URL


Personal Information

First Name		Tax ID / SSN / VAT
Last Name		Email Address
Address		Phone #
Address 2		Fax #
City		Postal/Zip Code
County/State		Country




Terms & Conditions Agreement

To be an authorized affiliate of Tipton Hurst, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Tipton Hurst service as an affiliate. By signing up for the Tipton Hurst affiliate program, you indicate your acceptance of this agreement and its terms and conditions. For the purposes of this Affiliate Program ("Program") Agreement, Tipton Hurst, shall be known as "Tipton Hurst", the referring individual or company shall be known as "Affiliate Member" and collectively Tipton Hurst and Affiliate Member will be known as the "Parties" and Flowers will be known as "Product". Please read to understand our policies on payment and email spamming if your intentions are to market online. Term of the Agreement: The term of this Agreement will begin upon our acceptance of your Tipton Hurst Affiliate Program participation 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. Responsibilities of Tipton Hurst: Tipton Hurst will fulfill all confirmed product orders placed in conjunction with the program no later than the following business day. In the event product is not in stock, Tipton Hurst will advise the customer of the anticipated delivery and installation date. Responsibilities of Affiliate Member: All referrals shall be limited to residences within the continental United States. Under NO circumstances shall an Affiliate Member use promotional tactics that include an email or outbound telemarketing campaigns. In accordance with these guidelines, you may not send any email marketing messages or conduct any outbound telemarketing on behalf of Tipton Hurst. Any Affiliate Member who does not comply with these guidelines will be subject to termination. Consideration and Payments: In consideration for sales generated through Tipton Hurst and its Affiliate Member Program, Tipton Hurst will pay you 8-10 percent of total sales you generate per month based on performance. Conditions: You agree that in order to receive payment, the customer (your referral) must live in the lower 48 states of the United States of America. Alaska, Hawaii, and Puerto Rico residents do not qualify as we are not able to offer services in this area. You agree never to represent yourself or your company as an authorized representative of Tipton Hurst. Representations and Warranties: The Parties represent and warrant that (i) they are companies in good standing (ii) this Agreement has been duly authorized, executed and delivered by the Parties; and (iii) this Agreement, when executed does not violate any existing agreements to which the Parties are otherwise bound. Indemnification by Affiliate Member: Under NO circumstances shall an Affiliate Member use promotional tactics that include an email or outbound telemarketing campaigns. In accordance with new TIPTON HURST guidelines, effective immediately Do Not send email campaigns or conduct any outbound telemarketing on behalf of Tipton Hurst. Any Affiliate Member who does not comply with this guideline will be subject to termination. Affiliate Member shall indemnify, defend and hold Tipton Hurst, TIPTON HURST, its subsidiaries, and Affiliate Members harmless from and against any and all losses, claims, damages, liabilities, costs and expenses (including all reasonable attorney's fees) that Tipton Hurst may suffer, incur or be subjected to by reason of any legal action, proceeding, arbitration or other claim by a third party, whether commenced or threatened, arising out of or as a result of Affiliate Member's breach or its obligations, representations or warranties here under. Binding Effect: The provisions of this Agreement shall be binding upon and accrue to the benefit of the Parties and their respective heirs, legal representatives, successors and assigns. Severability: The invalidity or illegality of any portion of this Agreement shall not affect the validity or legality of any other provisions. 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 this site. Modifications may include, for example, changes in the scope of available referral commissions, commission 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. 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 commissions paid or payable to you under to this Agreement. 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. Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Arkansas, 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 Little Rock, Arkansas, and you irrevocably consent 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. Spam Policy: We will not tolerate the sending of any e-mails which promote, or make reference to Tipton Hurst, or any of its associated companies, vendors, partners, or employees. Other prohibited advertising includes postings to non-commercial newsgroups and cross-posting to multiple newsgroups. In addition, Affiliate Members may not advertise in any way that effectively conceals or misrepresents identity, their domain name or their return e-mail. Any Affiliate Member that we feel is breaching these rules will have their Affiliate Member status cancelled immediately and any and all outstanding commissions will be forfeited. 1099's: Please be aware that you as the Affiliate Member will be responsible to send us your tax ID or your social security # when you reach 5 commissionable orders. This will help us in getting you your 1099 form so that you can file your taxes properly. If you as the Affiliate Member do not give us this information, you will not be paid any commission after 5 commissionable orders. If you as the Affiliate Member do not hit 5 commissionable orders, you will not be required to forward this information on to us.

I have read, understand and agree to the above terms and conditions.

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