Affiliate Program

1) This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the BarStore™ Affiliate Program (the "Program"). As used in this Agreement, "we" means BarStore™, "you" means the applicant, and "product(s)" means any items offered for sale at BarStore™. "Site" means a World Wide Web site and, depending on the context, refers either to the BarStore™ site or to the site that you will link to our site.

2) To begin the enrollment process, you need to complete the Affiliate Application. We will evaluate your application in good faith and will notify you of your acceptance or rejection. If you've already been pre-approved, please fill out this application as well. The information is needed so we know where to mail your check and/or sales activity. 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, sites that: promote or contain or link to 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 or violate any local, state, federal or other law or regulation; contain any libelous, defamatory or disparaging materials; or contain little or no original content. If we reject your application, you are welcome to reapply to the Program at any time.

3) We will process orders placed by customers who follow links from your site to BarStore™. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. A rejected order is typically one that has too many fraudulent factors (red flags). We will be responsible for all aspects of order processing and fulfillment.

4) It is suggested that you put many links to BarStore™ throughout your site. Product photos may be used FOR LINKS TO THE BarStore™ ONLY. Be sure to put the proper html link code to get credit for any sales that may occur. Please e-mail us if you have any problems with this matter. Click here to learn how to link to BarStore™.

5) 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 bar products using links from your site to BarStore™ and will provide you quarterly reports summarizing this sales activity. To permit accurate tracking, reporting, and fee accrual, you must ensure that the links between your site and BarStore™ are accurate. For a BarStore™ sale to generate a commission, the customer must follow a link from your site to BarStore™, purchase product(s) using our automated ordering system, accept delivery of the product(s) at the shipping destination, and remit full payment to us. You will earn commissions based on the sale price of the product(s) purchased by the customers who clicked onto our link from your site. Sale price means the sale price a customer pays for the product(s) and excludes costs for shipping, handling, gift wrapping, returns, charge backs, fraud, exchanges, and taxes.

6) The quarterly fee schedule is as follows:
All BarStore affiliates will receive a straight 20% of sales (shipping and tax not included) paid quarterly. Checks are mailed within the first two weeks of January, April, July and October for the previous quarter.

7) Subject to the terms and conditions of this Agreement, we will pay you commissions on a quarterly basis. Within 30 days following the end of each calendar quarter, we will send you a check for the commissions earned on products that were shipped during that quarter, less any taxes that we are required by law to withhold. If a bar product that generated a commission is returned by the customer, we will deduct the corresponding fee from your next quarterly payment. If there is no subsequent payment, we will send you a bill for the fee. Customers who buy bar products through this Program will be deemed to be customers of BarStore™. Accordingly, all BarStore™ rules, policies, and operating procedures concerning customer orders, customer service, marketing, promotions, and bar product sales will apply to those customers.

8) Bar product prices and availability may vary from time to time. Because price changes may affect products that you already have listed on your site, we recommend that you do not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular bar product.

9) We grant you a non-exclusive, non-transferable, non sub licensable, revocable right to use the BarStore™ name and images ("Marks") for which we grant express permission, solely for the purpose of identifying your site as a program participant and link purposes. You may not modify the "Marks" in any way. We reserve all of our rights in the Mark, 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.

10) You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: the technical operation of your site and all related equipment creating and posting bar product descriptions on your site and linking those descriptions to BarStore™. 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. Except as provided here you agree that you have no rights, title or interest in the Marks, the message or other images of BarStore™. You agree not to apply for registration of any of the Marks (or any mark similar there to) anywhere around the world. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of any BarStore™ Mark.

11) Members acknowledge and agree that their web site information (name, URL, traffic counts, etc.) may be utilized by BarStore™. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc. Members agree to allow BarStore™ to use screen shots of any web page that contains the BarStore™ HTML code in BarStore™ promotional materials.

12) The information provided by BarStore™ to members may be proprietary in nature. Members acknowledge that they are not competitors of BarStore™, and agree not to share this information with any competitors.

13) Anyone found in deliberate violation of these terms and conditions is subject to being banned from BarStore™. 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 commissions on sales occurring during the term, and fees earned through the date of termination will remain payable only if the related product orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. 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. 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 commissions paid or payable to you under this Agreement. We make no express or implied warranties or representations with respect to the Program or any products sold through the Program. 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.

14) It is recognized by both parties that BarStore™ is owned and operated by Bar Products Inc. of Largo Florida, USA. It is the intention of Bar Products Inc. to "Do(ing) Business As" your BarStore™ when dealing with your BarStore™ customers. When a customer phones in to place an order our sales staff is instructed to ask first "what website did you see our products on" and then direct the sale thru the appropriate affiliate given the affiliate credit for the sale.  Furthermore all email correspondence and mailing labels have a BarStore address.

15) Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorney's fees) relating to any warranties or representations made by you with respect to the Program or any bar products sold through the program or BarStore™. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including without limitation, attorney's fees) relating to any warranties or representations made by you with respect to the Program or any products sold through the program or BarStore™. This obligation will survive any termination of this Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. 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. This Agreement will be governed by the laws of the United States and the State of Florida, 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 Clearwater, Florida, 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.

16) 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.