|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
|Additional terms||Commissions paid on Referred Customers who place valid order, complete payment and receive shipment. Commissions will be deposited into your Paypal account. Shipping costs and taxes do not qualify for commission.|
Anglo Dutch Pools and Toys was founded in May 1985. We are a mom and pop store in Bethesda, Maryland, very close to Washington, D.C. Our humble beginnings started as a pool store carrying an automatic pool cleaner, the Kreepy Krauly, and BioGuard chemicals. We felt people should also have fun in their pools and started carrying games, floats, and a waterproof bar. This made us conscious of the children's needs in the swimming pool and started carrying life vests, swimming aids, and pool alarms.During the year that followed, many customers came to us saying that they needed swimming accessories for swimmers and water aerobics. So, we started carrying swim suits, goggles, fins, kick boards, buoys, swim belts, and many other items. When customers came in and asked us why we only had water toys and no land toys, we started studying the matter and our toy store was born. As you can see, our aim is to make every person a happy and satisfied customer.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ADPOOLSANDTOYS.COM (DBA as ANGLO DUTCH POOLS & TOYS).
SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ
AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU
AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
Agreement contains the complete terms and conditions that apply to you
becoming an affiliate. The purpose of this Agreement is to allow HTML
linking between your web site and the adpoolsandtoys.com web site. Please
note that throughout this Agreement, "we," "us," and "our" refer to adpoolsandtoys .com, and "you," "your," and "yours" refer to the
2. Affiliate Obligations
2.1. To begin the
enrollment process, you will complete and submit the online application.
The fact that we auto-approve applications does not imply that we may
not re-evaluate your application at a later time. We may reject your
application at our sole discretion. We may cancel your application if we
determine that your site is unsuitable for our Program, including if
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
Incorporates any materials which infringe or assist others to infringe
on any copyright, trademark or other intellectual property rights or to
violate the law
2.1.6. Is otherwise in any way unlawful, harmful,
threatening, defamatory, obscene, harassing, or racially, ethnically or
otherwise objectionable to us in our sole discretion.
2.1.7. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
You may not create or design your website or any other website that you
operate, explicitly or implied in a manner which resembles our website
nor design your website in a manner which leads customers to believe you
are adpoolsandtoys.com or any other affiliated business.
In order for us to accurately keep track of all guest visits and
referrals from your site to ours, you must use the HTML code that we
provide for each banner, text link, or other affiliate link we provide
2.3. The maintenance and the updating of your site will
be your responsibility. We may monitor your site as we feel necessary to
make sure that it is in compliance with this agreement.
is entirely your responsibility to follow all applicable intellectual
property and other laws that pertain to your site. You must have express
permission to use any person's copyrighted material, whether it be a
writing, an image, or any other copyrightable work. We will not be
responsible (and you will be solely responsible) if you use another
person's copyrighted material or other intellectual property in
violation of the law or any third party rights.
3. adpoolsandtoys.com Rights and Obligations
We have the right to monitor your site at any time to determine if you
are following the terms and conditions of this Agreement.
adpoolsandtoys.com reserves the right to terminate this Agreement and
your participation immediately and without notice to you should you
commit fraud in your use of this relationship or should you abuse this
program in any way. If such fraud or abuse is detected,adpoolsandtoys.com shall not be liable to you for any commissions for
such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
you or we may end this Agreement AT ANY TIME, with or without cause, by
giving the other party written notice. Written notice can be in the
form of mail, email or fax. In addition, this Agreement will terminate
immediately upon any breach of this Agreement by you.
may modify any of the terms and conditions in this Agreement at any
time at our sole discretion. In such event, you will be notified by
email. Modifications may include, but are not limited to, changes in the
payment procedures, conditions, agreement term and rules. If any
modification is unacceptable to you, your only option is to end this
Agreement. Your continued participation following the posting of the
change notice or new Agreement on our site will indicate your agreement
to the changes.
adpoolsandtoys.com uses a third
party to handle all of the tracking and payment. The third party is the
refersion.com affiliate network. Kindly review the network’s payment
terms and conditions.
7. Access to Affiliate Account Interface
will create a password so that you may enter refersion.com secure
affiliate account interface. From their site you will be able to receive
your reports that will describe our calculation of the commissions due
8. Promotion Restrictions
8.1. You are free to
promote your own web sites. You should know that certain forms of
advertising are always prohibited by adpoolsandtoys.com. For example,
advertising commonly referred to as "spamming" is unacceptable to us and
could cause damage to our name. Other generally prohibited forms of
advertising include the use of unsolicited commercial email (UCE),
postings to non-commercial newsgroups and cross-posting to multiple
newsgroups at once. In addition, you may not advertise in any way that
effectively conceals or misrepresents your identity, your domain name,
or your return email address. You may use mailings to customers to
promote adpoolsandtoys.com so long as the recipient is already a customer
or subscriber of your services or web site, and recipients have the
option to remove themselves from future mailings. Also, you may post to
newsgroups to promote adpoolsandtoys.com so long as the news group
specifically welcomes commercial messages. If it comes to our attention
that you are spamming, we will consider that cause for immediate
termination of this Agreement. Any pending balances owed to you will
not be paid if your account is terminated due to such unacceptable
advertising or solicitation.
9. Grant of Licenses
grant to you a non-exclusive, non-transferable, revocable right to (i)
access our site through HTML links solely in accordance with the terms
of this Agreement and (ii) solely in connection with such links, to use
our logos, trade names, trademarks, and similar identifying material
(collectively, the "Licensed Materials") that we provide to you or
authorize for such purpose. You are only entitled to use the Licensed
Materials to the extent that you are a member in good standing of adpoolsandtoys.com's Affiliate Program.
9.2. Each party agrees
not to use the others proprietary materials in any manner that is
disparaging, misleading, obscene or that otherwise portrays the party in
a negative light. Each party reserves all of its respective rights in
the proprietary materials covered by this license. Other than the
license granted in this Agreement, each party retains all right, title,
and interest to its respective rights and no right, title, or interest
is transferred to the other.
10. Representations and Warranties
You represent and warrant that:
This Agreement has been duly and validly executed and delivered by you
and constitutes your legal, valid, and binding obligation, enforceable
against you in accordance with its terms;
10.2. You have the full
right, power, and authority to enter into and be bound by the terms and
conditions of this Agreement and to perform your obligations under this
Agreement, without the approval or consent of any other party;
10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
11. Limitations of Liability
WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR
OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST
BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN
THIS AGREEMENT, IN NO EVENT SHALL ADPOOLSANDTOYS' CUMULATIVE
LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER
BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR
EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER
You hereby agree to
indemnify and hold harmless adpoolsandtoys.com, and its subsidiaries and
affiliates, and their directors, officers, employees, agents,
shareholders, partners, members, and other owners, against any and all
claims, actions, demands, liabilities, losses, damages, judgments,
settlements, costs, and expenses (including reasonable attorneys' fees)
(any or all of the foregoing hereinafter referred to as "Losses")
insofar as such Losses (or actions in respect thereof) arise out of or
are based on (i) any claim that our use of the affiliate trademarks
infringes on any trademark, trade name, service mark, copyright,
license, intellectual property, or other proprietary right of any third
party, (ii) any misrepresentation of a representation or warranty or
breach of a covenant and agreement made by you herein, or (iii) any
claim related to your site, including, without limitation, content
therein not attributable to us.
confidential information, including, but not limited to, any business,
technical, financial, and customer information, disclosed by one party
to the other during negotiation or the effective term of this Agreement
which is marked "Confidential," will remain the sole property of the
disclosing party, and each party will keep in confidence and not use or
disclose such proprietary information of the other party without express
written permission of the disclosing party.
You agree that you are an independent contractor, and nothing in this
Agreement will create any partnership, joint venture, agency, franchise,
sales representative, or employment relationship between you and adpoolsandtoys.com. 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 any other of Your Site or otherwise,
that reasonably would contradict anything in this Section.
Neither party may assign its rights or obligations under this Agreement
to any party, except to a party who obtains all or substantially all of
the business or assets of a third party.
14.3. This Agreement
shall be governed by and interpreted in accordance with the laws of the
State of Alabama without regard to the conflicts of laws and principles
14.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
This Agreement represents the entire agreement between us and you, and
shall supersede all prior agreements and communications of the parties,
oral or written.
14.6. The headings and titles contained in this
Agreement are included for convenience only, and shall not limit or
otherwise affect the terms of this Agreement.
14.7. If any
provision of this Agreement is held to be invalid or unenforceable, that
provision shall be eliminated or limited to the minimum extent
necessary such that the intent of the parties is effectuated, and the
remainder of this agreement shall have full force and effect.