We've never had to do this, but please note that Tarot.com reserves the right to reject any partner application or terminate a partnership relationship, in our sole discretion, for any reason, including, but not limited to, the following: sites that violate any copyright, trademark, or other intellectual property rights; sites that promote violence or contain sexually explicit material; sites that promote or endorse any form of discrimination, including discrimination based on religion, gender, sexual orientation or ethnic origin; and sites that promote or endorse any illegal activities.
Tarot.com shall be solely responsible for processing and fulfilling Virtual Product Orders -- defined for the purposes of this Agreement to include all Karma Coin, interactive reading and downloadable report sales transacted on Tarot.com by customers following a text or graphical link from your Partner site. Tarot.com agrees to take full responsibility for tracking sales and fulfilling orders generated by your Partner site, in addition to providing you as a Partner with a 24-hour, real-time web-based auditing system, as outlined below:
Partners approved by Tarot.com will qualify for a 20% commission on the sale of Virtual Products to customers who come to the Tarot.com website from a link on your Partner Site. Your commissions shall be equal to 20% of Net Sales of Virtual Products, defined as the aggregate amount paid to Tarot.com after credit card processing fees, refunds, and bank charge backs. Due to limitations associated with our current online store technology, commission rates are not applicable to sales of durable goods in the Tarot.com online store, sometimes referred to as the "Mystic Mall".
Paid commissions to Partners may not be sent to any third party, without prior written consent of Tarot.com. Commission checks will be mailed to Partners within 30 days at the end of each calendar quarter, when the total commission owed is $200 or greater. If a Partner Account carries a balance of less than $200, the actual amount of commissions owed shall be carried over and added to commissions earned during the next quarter, to be paid after that quarter has ended if the total then exceeds $200.
Partners may be provided access to a password-protected area of Tarot.com’s administrative website in order to independently track commissions on all Virtual Product transactions placed by customers originating from the Partner site on a real-time basis.
All customers purchasing Tarot.com’s Virtual Products shall be considered customers of Tarot.com and, as such, shall be governed by existing terms, conditions as well as the Legal Notices and Privacy Policy of Tarot.com. Tarot.com naturally reserves the right to change and amend our terms and policies at any time.
Tarot.com grants Partner a non-exclusive, non-transferable, and non-assignable (without the right to sublease or assign) rights to the following: banners, links, and buttons provided by Tarot.com, for use on the approved Partner site. Partner agrees to refrain from framing any section of Tarot.com Partner agrees not to modify, copy, reformat or redistribute any content, including text, graphics and images found on Tarot.com.
The term of this Agreement will commence at the time of Tarot.com’s verification of Partner's acceptance into the Partner Program, which may be communicated by an e-mail confirmation from Tarot.com. Both parties, at their sole discretion, shall retain the right to terminate this Agreement at any time, for any reason. (In Partner’s case, this merely involves the removal of links, buttons, etc. from Partner’s own site.)
Upon termination of the Agreement by either party, the rights granted to Partner hereunder will immediately cease and terminate, and Partner will promptly remove all banners, links and buttons that were provided by Tarot.com.
Each party shall act, at all times, as an independent contractor and shall be fully responsible for its own activities. Nothing in this Agreement shall constitute an employer/employee relationship, master/servant, or principal/agent between the parties. Partner shall be solely responsible for all its withholding taxes, and other taxes arising out of its performance under this Agreement, including the payment of compensation by Tarot.com to Partner pursuant to this Agreement. Partner may make no representations or statements contradicting the aforementioned on Partner's site, nor in any other venue or medium. Partner further agrees not to create, publish, distribute, or grant permission on any materials that reference Tarot.com in any fashion whatsoever, on its site and/or regarding related sites, without the express written consent of Tarot.com. The parties expressly agree and understand that the term "Partner," as used in this Agreement, only characterizes the relationship of Tarot.com and Partner in their efforts to deliver users to Tarot.com and is not intended to have, and shall not be construed as, a term of legal significance.
You, as a Tarot.com Partner, are fully responsible and accountable for the maintenance, operation and development of your site. Tarot.com is released of all liability for the aforementioned. Additionally, Partner shall indemnify and hold Tarot.com and it heirs, executors, administrators, officers, directors, employees, successors and assigns harmless, and at Visionary's election, defend Tarot.com from any and all claims, losses, damages, fines, charges, actions, or other liabilities of any description and kind. In the event that any litigation or proceeding is brought against Tarot.com arising out of Partner's activities, Partner shall, upon notice from Tarot.com, vigorously resist and defend such action or proceeding in consultation with Tarot.com through legal counsel reasonably satisfactory to Visionary. Partner's obligations under this indemnification and hold harmless clause shall survive any termination or satisfaction of this Agreement.
Tarot.com shall not be liable for special, incidental, consequential, indirect, punitive, or exemplary damages of any kind whatsoever, including without limitation, damages resulting from interruption of business, or loss of profits or anticipated profits, revenues, or benefits, and regardless of the form of action, e.g., contract, tort, warranty or otherwise or any equitable action which may be brought against Visionary. In no event shall Visionary's liability for any damages arising out of or related to this Agreement, or with regard to its business with Partner, exceed the amount of money actually paid by Tarot.com to Partner for the quarter prior to the event giving rise to such liability.
You acknowledge that you have read this Agreement and agree to all of its terms and conditions. You agree that you have independently evaluated the desirability of participating in the Tarot.com Partner Program and are not relying on any representation, guarantee or statement, other than asset forth in this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous written or oral understandings, agreements, and communications with respect to such subject matter.
This Agreement will be governed by the law of the State of Oregon without regard to principals or conflicts of law. The parties stipulate and agree that any mediation, arbitration, or litigation arising from or relating to this Agreement will be filed and prosecuted before a court or arbitrator of competent subject matter jurisdiction in Oregon. The parties consent to the jurisdiction of such mediators, arbitrators, and courts in Oregon, and stipulate to the convenience, efficiency, and fairness of such mediators, arbitrators, and courts, and covenant not to assert any objection of proceeding in such courts based on the alleged inconvenience, inefficiency, or unfairness.
Partner shall comply with all applicable provisions of federal, state, and local laws, rules, regulations, ordinances, and orders.
If any provision of this Agreement is unenforceable, the remaining provisions will remain in effect, to be construed as if the unenforceable provisions were originally deleted.
Excepting injunctive relief, any dispute, controversy or claim arising out of, in connection with, or relating to, this Agreement or any breach or alleged breach of this Agreement, shall, upon request of any party involved, be submitted to mediation in Multnomah County, Oregon. If a settlement cannot be reached through mediation, the parties agree that the dispute will be submitted to and be settled by arbitration in Multnomah County, Oregon, pursuant to the rules then in effect of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties so involved). Any award rendered shall be final and conclusive upon the parties, and a judgment on such award may be entered in the highest court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of their respective own experts, evidence and counsel's fees. The parties to either mediation or arbitration recognize that mediation sessions are settlement negotiations and that settlement negotiations are inadmissible in any litigation or arbitration of their dispute, to the extent allowed by law. The parties will not subpoena or otherwise require the mediator to testify or produce records, notes, or work product in any future proceeding beyond mediation. In addition, the parties agree that all information obtained in either the mediation or arbitration process is strictly confidential and further agree that all such information shall be held in confidence by the party not otherwise having such information available to them other than through the mediation or arbitration process.
