1. TERM OF THE AGREEMENTS. The term of this agreement will begin upon our acceptance of your Reseller/Affiliate 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.
2. ACCEPTANCE. You agree to keep the terms and conditions outlined in this agreement. By clicking on the "I accept" button at the bottom of this page you indicate your acceptance of this Agreement. If you do not accept this agreement, you are not authorized to be a Reseller/Affiliate, and may not use our data feeds, graphics, and utilities on your website. By completing and sending in the Reseller/Affiliate Program application form, you are entering into a legal agreement with AffiliateCube.com, which contains all of the terms and conditions below and governs your participation in the AffiliateCube.com Reseller/Affiliate Program.
3. DEFINITIONS. For purposes of clarity, the terms "we", "our", "us", "AffiliateCube" refer to and/or mean any of the trademarks, service marks, trade names, names, designs, logos, images and/or other proprietary names or marks of Wellbourne LTD; "you", "Reseller", "Affiliate", "Resellers" and "Affiliates" refer to the other party to the contract formed by your acceptance of these Terms and Conditions; "Reseller Program" and "Affiliate Program" refer to your participation in the promotion of our products and services.

"Your store" means to the online store, hosted and maintained by you; and through which You will have the capability to sell Merchandise and Services to Your Customers. "Content" means text, images, information and other materials provided or uploaded to Your store using our data feed. "Your storefront Name" means the name You choose to give Your store."Your store URL" means the store address that you registered for the purposes for your store Url. "Your Web Site(s)" means all web sites and web pages owned or operated by You, including Your storefront, on which You have permission to display text, images, information and other materials as defined in this agreement. "Customer" means any customer of Your store. "Merchandise", "item", "product", "products" mean one or more categories of merchandise offered for sale by us, our partner and designees; "Qualified Sale" means any sale of an item of Merchandise through Your store that meets all of the following criteria, namely the applicable Customer must (1) purchase the Merchandise or Service from your or your down line storefront (2) accept delivery of the ordered Merchandise at the Customer's shipping destination; (3) remit full payment for the ordered Merchandise to Us or Our designee; and (4) is not returned within 21 days of delivery date.

4. PREAMBLE. Reseller or Affiliate is an independent contractor seeking registration for the AffiliateCube.com Affiliate Program.
5. REGISTRATION. To sign up as an Affiliate you must be at least 18 (eighteen) years of age
6. RELATIONSHIP BETWEEN THE PARTIES. The parties are independent contractors, and this Agreement will not be construed to create a partnership, joint venture or employment relationship between them. Neither party will represent itself to be an employee, agent or representative of the other, and neither party will have the right or authority to create any obligation or responsibility on the other's behalf. The relationship specified in this Agreement is non-exclusive for both parties; therefore, the Reseller/Affiliate shall be entitled to pursue other marketing opportunities and provide links to sites of other companies through their own site, provided that any web sites, links, graphics, text and html, in whole or in part, obtained through your Affiliate relationship with us shall be used only for promoting our Affiliate Program; likewise we shall be permitted to contract with other Affiliates.
7. LIMITED LICENSE. We grant you a nonexclusive, revocable right to use images or text that we may provide to you solely for the purpose of assisting in generating product sales through the Program. You agree to follow our instructions respecting the use of trademarks and those instructions may change from time to time. We may revoke your license at any time by giving you written notice.
8. COMMISSION PAYMENTS. Your revenue-share (commission) payments are paid according to the schedule listed on AffiliateCube.com. We reserve the right to change the revenue-share (commission) rates at any time, and without prior notice. Pay Periods are: 1^st of the month till the last day of the month. Payments are made the 6-9^th of the month for the previous pay period, if you reach the minimum payout of $100.
   You are only eligible to earn commissions on sales occurring during the term of this agreement. You agree that it is your responsibility to maintain in our back office system accurate and up to date records of your banking and/or payment information. Resellers are responsible for payments to their affiliates.
9. INDEMNITY. You shall defend, indemnify, and hold Wellbourne LTD, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our content or this Reseller/Affiliate Program.
10. WARRANTIES AND DISCLAIMERS. Except as set forth in this agreement, we make no warranties of any kind to any person with respect to this Reseller/Affiliate Program, this includes the Reseller/Affiliate Program availability or lack there of, or any data or materials supplied thereby, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose or non-infringement. Furthermore, we make no representation that the operation of any of our computer systems will be uninterrupted, or error-free, and will not be liable for the consequences of any interruptions or errors, therefore you accept that our computer systems, products, and services are provided on an "as is" basis.
11. GOOD FAITH. You agree that you will not knowingly benefit from known or suspected traffic not generated using accepted marketing practices, this obligation remains regardless whether or not it causes Wellbourne LTD or the Reseller/Affiliate Program harm. You agree that should fraudulent activity arise, which includes but is not limited to false traffic, or clicks, and false or fraudulent sales, we retain the right to refuse payment of commission in such circumstances, and/or to retract any commission already paid. Our decision in this regard will be final, and no correspondence will be entered into.
12. LIMITATION AND EXCLUSION OF LIABILITY. Wellbourne LTD shall not be liable to You, or any other third party, and shall be held harmless for any loss, cost, damage or expense incurred in connection with the promotion, marketing and advertising of our products and services. In no event shall we be liable for any indirect, incidental, consequential, special or exemplary damages, including without limitation, loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not we had been advised of the possibility thereof. Our maximum aggregate liability shall not exceed the total outstanding commission fees payable to you under to this Agreement.
13. CONFIDENTIALITY. You agree to keep in confidence all materials connected to the Reseller/Affiliate program, this includes but is not limited to your rev-share (commission) rates, the working practices of, and documents relating to, the operation of this Reseller/Affiliate program, as well as the operations of Wellbourne LTD. This Clause survives termination, completion, expiry or repudiation of this Agreement.
14. WAIVER. A waiver by any party of any term or condition of this Agreement shall not be deemed or construed to be a waiver of such term or condition for the future or any subsequent breach thereof. All remedies, rights, undertakings, obligations and provisions in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or provision in respect of either party.

Wellbourne LTD may modify any of the terms and conditions contained in this Agreement. Wellbourne LTD will attempt to notify you via e-mail of any such modification and will post a change notice on the Wellbourne LTD site. If a modification is unacceptable, you may terminate this Agreement by giving notice as described.

Any notice to be given under this Agreement shall be in writing and shall be deemed delivered if delivered by e-mail: if to you, to you at the e-mail address provided in your Reseller/Affiliate Program application form; and if to AffiliateCube, to AffiliateCube at support@AffiliateCube.com.

Thank you for taking the time to ready the Affiliate Agreement. We look forward to working with you. By signing up for our Program, you are in effect, agreeing to the above Affiliate Agreement.