Affiliates Area

Pelican Products Online Distribution Affiliate Agreement

This Agreement contains the complete terms and conditions that apply to an individual or entity's participation in the Pelican Products Online Affiliate Program (the "Program"). This agreement is made and entered into between Pelican Products Online Distribution and you. As used in this Agreement, "we/us/our" means Pelican Products Online Distribution and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context refers to either our site or to your site.

Enrollment in the Program

To begin the enrollment process, you will submit a complete Program application. This Program application can be found at signup. 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, but are not limited to, those that:

• 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

Once we accept your application, we'll provide you with access to our affiliate control center and all the tools you need. If we reject your application, you are welcome to reapply to the Program at any time.

Links on Your Site

Product and Home Page Link: You can select any one or more graphics offered to feature on your site. You may change the selection of your featured graphic(s) at any time, without our approval. You can display on your site a word or words, graphic image(s), or combination of words and images. The content, style and placement of these words and images will be your sole responsibility and within your sole discretion. You may not modify any of our graphic images, content, tools, text, or trademarks in any way.

For each selected graphic, you will also provide an electronic link to the PelicanProductsOnline.com site as specified in your welcome email message using an Affiliate URL provided by us (a "Link"). It is your sole responsibility to set up the electronic Links connecting your site to the appropriate page on our site and ensure that the electronic Links are in good and working order.

Order Processing

We will process product orders placed by customers who follow any Links from your site to the our site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish.

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 using Links from your site to our site and will provide you with access to reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion but will generally be available on a continuous basis. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are properly formatted. All HTML tags are to be generated using the special HTML tags provided by us and are not to be altered in any manner. We will not be responsible for tracking and reporting sales that were not made through a Link formatted to our specifications.

Referral Fees

We will pay you referral fees on certain product sales to third parties. For a product sale to generate a referral fee, the customer must follow a Link (in the format specified above) from your site to the PelicanProductsOnline.com site. This person must purchase the product using our automated ordering system, and remit full approved payment to us. We will not, however, pay referral fees on any products that are subsequently purchased by that same customer during other transactions, unless such transactions stem from the customer reentering the site from a Link on your site. The only time our system will track a purchase is if the customer uses our ordering system. Pelican Products Online products that are entitled to earn referral fees under the rules set forth above are hereinafter referred to as "Eligible Products."

You will earn referral fees based on the Sale Price of Eligible Products (as defined above), according to fee schedules to be established (and which we retain the absolute right to modify at any time) by us. "Sale price" means the sale price listed on our site for each product that we sell and excludes costs for shipping, handling, and taxes.

Fee Amount

5% of net sales on orders coming from your unique affiliate link.

Fee Schedule

We will pay you referral fees within 30 days (usually 1 week) following a request from you. You can request payment at anytime after sufficient transactions have been approved to total an amount greater than 50.00 dollars. Only those transactions which have been approved up to that point will be paid. We will send you paypal payment or a check for the referral fees earned on products that were shipped during that time. If a product that generated a referral fee is returned or cancelled, we will deduct the corresponding fee from your next payment. If there is no subsequent payment, we will send you a bill for the cancelled referral fee for you to reimburse us.

Policies and Pricing

Customers who buy products through this Program will be deemed to be our customers. Accordingly all of our 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. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Limited License

We grant you a nonexclusive, revocable right to use the graphics and message described in Section 8 and such other graphics and 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 any graphic, content, tool, text, trademark, or any of our images in any way. We reserve all of our rights in the graphics, the message, 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.

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, including but not limited to:

• the technical operation of your site and all related equipment
• posting graphics on your site and linking those graphics to our site
• 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
• THE ACCURACY AND LEGALITY OF ALL PRODUCT EFFICACY CLAIMS. YOU MAY NOT MAKE SPECIFIC CLAIMS REGARDING THE EFFICACY OF ANY PRODUCT. IF YOU MAKE UNSUBTANTIATED PRODUCT CLAIMS WITH RESPECT TO PRODUCTS WE SELL, YOUR MEMBERSHIP IN THE AFFILIATE NETWORK MAY BE TERMINATED IMMEDIATELY. 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 or any breach of your obligations under this agreement.

Terms of the Agreements

The terms 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. You are only eligible to earn referral fees on sales occurring during the term of this Agreement, and 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.

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 Affiliate Control Panel page. Modifications may include, for example, changes in referral fees, 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 AFFILIATE CONTROL CENTER WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

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.

Limitation of Liability

We will not be liable to you or any third party for any special, indirect or consequential damages (including, without limitation 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.

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.

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.

Identification of Affiliates

We may identify you or your site as a participant in the Program without providing you prior notice or obtaining your specific written consent. Such identification may be oral, written, or electronic, and may include, but is not limited to, public announcements, promotional materials, internal and external reports, and public filings.

Assignment

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.

Scope of Agreement

This Agreement constitutes the entire agreement and understanding between us and you with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements or representations between the parties. This Agreement may only be modified by a written instrument signed by all parties.

Miscellaneous

This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Los Angeles, California and you irrevocably consent to the jurisdiction of such courts. 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.