Revenue Share Payments. (a) During the term of this Agreement, we agree to pay you a revenue share (the "Revenue Share") equal to the applicable percentage of Net Revenue determined pursuant to the schedule set forth in the Affiliate Program materials posted on the PepperJam Network or otherwise provided by us. We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Revenue Share schedule at any time without notice. For purposes of this Agreement, "Net Revenue" means all cash consideration (not including any portion of payment made through the redemption of coupons or credits, or the purchase of gift certificates or gift cards) from merchandise sold in a transaction resulting directly from a Qualifying Link tracked by PepperJam from your website to the Merchant Website in accordance with this Agreement, where the customer purchases such merchandise, less all taxes, shipping and handling charges, gift wrapping and other value-added service charges, returns and chargebacks. You acknowledge and agree that we will not be obligated to pay any revenue share unless we actually ship the applicable order and receive full payment for such order. (b) A transaction may be deemed to be resulting directly from a Qualifying Link tracked by PepperJam from your website to the Merchant Website if: (i) such purchase is made during the time period set forth by us through the PepperJam Network after the customer has initially entered our website through your tracked Qualifying Link ("Revenue Share Time"). After the Revenue Share Time, we will not pay referral fees on any products that are added to a customer's shopping cart after the customer has re-entered our website (other than through a Qualifying Link from your website), even if the customer previously followed a link from your website to our website. (ii) your tracked Qualifying Link is the most recent referral to the Merchant Site prior to such purchase among all marketing channels tracked by us. If we are able to track a referral from another marketing channel (e.g., another affiliate, comparison shopping engine, paid search, banner advertisement or any other trackable marketing channel) that is more recent than your Qualifying Link, then the resulting purchase will be deemed not to be directly resulting from your tracked Qualifying Link. All determinations of Qualifying Links and whether a referral fee is payable will be made by us and PepperJam and will be final and binding on you. (c) Subject to the terms and conditions of this Agreement, we will pay you the above-described Revenue Share on a monthly basis. PepperJam will send payment for the Revenue Share earned, less any taxes or other amounts that we may be required by law to withhold. No interest will be paid on any such amount held by us. If a Revenue Share payment is made hereunder and relates to merchandise that is later returned by the customer, the applicable Revenue Share will be deducted from the next applicable payment hereunder. If any portion of such Revenue Share cannot be recovered through a deduction, we will invoice you for such amount and you agree to pay this amount within 30 days after receipt of such invoice. Upon termination of this Agreement, PepperJam will send, or cause to be sent, payment for the total amount of Revenue Share then owed to you as of the termination date. The final Revenue Share payment may be withheld by us for a reasonable period of time to ensure that the correct amount is paid after making any adjustments that may be required, including, but not limited to, adjustments for returns.
Appears in 2 contracts
Samples: Affiliate Participation Agreement, Affiliate Participation Agreement
Revenue Share Payments. (a) During the term of this Agreement, we agree to pay you a revenue share (the "“Revenue Share"”) equal to the applicable percentage of Net Revenue determined pursuant to the schedule set forth in the Affiliate Program overview/description materials posted on the PepperJam Network or otherwise provided by usPartner Network. We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Revenue Share schedule at any time without with seven (7) days’ written notice. For purposes of this Agreement, "“Net Revenue" ” means all cash consideration (not including any portion of payment made through the redemption of coupons or credits, or the purchase of gift certificates or gift cards) from merchandise sold in a transaction resulting directly from a Qualifying Link tracked by PepperJam Affiliate Partner from your website to the Merchant Website in accordance with this Agreement, where the customer purchases such merchandise, less all taxes, shipping and handling charges, gift wrapping and other value-added service charges, returns and chargebacks. You acknowledge and agree that we will not be obligated to pay any revenue share unless we actually ship the applicable order and receive full payment for such order.
(b) A transaction may be deemed to be resulting directly from a Qualifying Link tracked by PepperJam Affiliate Network Partner from your website to the Merchant Website if:
(i) such purchase is made during the time period set forth by us through the PepperJam Partner Network after the customer has initially entered our website through your tracked Qualifying Link ("“Revenue Share Time"”). After the Revenue Share Time, we will not pay referral fees on any products that are added to a customer's ’s shopping cart after the customer has re-entered our website (other than through a Qualifying Link from your website), even if the customer previously followed a link from your website to our website.; and
(ii) your tracked Qualifying Link is the most recent referral to the Merchant Site prior to such purchase among all marketing channels tracked by us. If we are able to track a referral from another marketing channel (e.g., e.g. another affiliate, comparison shopping engine, paid search, banner advertisement or any other trackable marketing channel) that is more recent than your Qualifying Link, then the resulting purchase will be deemed to not to be directly resulting from your tracked Qualifying Link. All determinations of Qualifying Links and whether a referral fee is payable will be made by us and PepperJam the Affiliate Network Partner and will be final and binding on you.
(c) Purchases determined to be made for resale or other commercial purposes will not be considered commissionable. Qualifying Links resulting from activities that violate this Agreement will not be considered commissionable. Merchant shall have sole and absolute discretion in determination of “commercial intent” of an order.
(d) Subject to the terms and conditions of this Agreement, we will pay you the above-described Revenue Share on a monthly basis. PepperJam We will send send, or cause to be sent, to you payment by check, wire transfer, ACH direct deposit, PayPal or any other method offered by the Partner Network for the Revenue Share earned, less any taxes or other amounts that we may be required by law to withhold. The method of payment will be selected by us or our Partner Network. No interest will be paid on any such amount held by us. If a Revenue Share payment is made hereunder and relates to merchandise that is later returned by the customer, the applicable Revenue Share will be deducted from the next applicable payment hereunder. If us for any portion of such Revenue Share cannot be recovered through a deduction, we will invoice you for such amount and you agree to pay this amount within 30 days after receipt of such invoicereason. Upon termination of this Agreement, PepperJam we will send, or cause to be sent, to you, payment for the total amount of Revenue Share then owed to you as of the termination date. The final Revenue Share payment may be withheld by us for a reasonable period of time to ensure that the correct amount is to be paid after making any adjustments that may be required, including, but not limited to, adjustments for returns. If affiliate is terminated for cause, we reserve the right to reverse commissions currently owed and may reverse any unlocked commissions owed for the previous 30 days prior to termination, as long as such commissions are associated with a violation of this Agreement.
Appears in 1 contract
Samples: Affiliate Participation Agreement
Revenue Share Payments. (a) During the term of this Agreement, we agree to pay you a revenue share (the "Revenue Share") equal to the applicable percentage of Net Revenue determined pursuant to the schedule set forth in the Affiliate Program overview/description materials posted on the PepperJam Network or otherwise provided by us. We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Revenue Share schedule at any time without notice. For purposes of this Agreement, "Net Revenue" means all cash consideration (not including any portion of payment made through the redemption of coupons or credits, or the purchase of gift certificates or gift cards) from merchandise sold in a transaction resulting directly from a Qualifying Link tracked by PepperJam from your website to the Merchant Website in accordance with this Agreement, where the customer purchases such merchandise, less all taxes, shipping and handling charges, gift wrapping and other value-added service charges, returns and chargebacks. You acknowledge and agree that we will not be obligated to pay any revenue share unless we actually ship the applicable order and receive full payment for such order.
(b) A transaction may be deemed to be resulting directly from a Qualifying Link tracked by PepperJam from your website to the Merchant Website if:
(i) such purchase is made during the time period set forth by us through the PepperJam Network after the customer has initially entered our website through your tracked Qualifying Link ("Revenue Share Time"). After the Revenue Share Time, we will not pay referral fees on any products that are added to a customer's shopping cart after the customer has re-entered our website (other than through a Qualifying Link from your website), even if the customer previously followed a link from your website to our website.
(ii) your tracked Qualifying Link is the most recent referral to the Merchant Site prior to such purchase among all marketing channels tracked by us. If we are able to track a referral from another marketing channel (e.g., e.g. another affiliate, comparison shopping engine, paid search, banner advertisement or any other trackable marketing channel) that is more recent than that your Qualifying Link, then the resulting purchase will be deemed to not to be directly resulting from your tracked Qualifying Link. All determinations of Qualifying Links and whether a referral fee is payable will be made by us and PepperJam and will be final and binding on you.
(c) Subject to the terms and conditions of this Agreement, we will pay you the above-described Revenue Share on a monthly basis. PepperJam We will send payment send, or cause to be sent, to you a check for the Revenue Share earned, less any taxes or other amounts that we may be required by law to withhold. No interest will be paid on any such amount held by us. If a Revenue Share payment is made hereunder and relates to merchandise that is later returned by the customer, the applicable Revenue Share will be deducted from the next applicable payment hereunder. If any portion of such Revenue Share cannot be recovered through a deduction, we will invoice you for such amount and you agree to pay this amount within 30 days after receipt of such invoice. Upon termination of this Agreement, PepperJam we will send, send or cause to be sent, payment to you, a check for the total amount of Revenue Share then owed to you as of the termination date. The final Revenue Share payment may be withheld by us for a reasonable period of time to ensure that the correct amount is to be paid after making any adjustments that may be required, including, but not limited to, adjustments for returns.
Appears in 1 contract
Samples: Affiliate Participation Agreement
Revenue Share Payments. (a) During the term of this Agreement, we agree to pay you a revenue share (the "Revenue Share") equal to the applicable percentage of Net Revenue determined pursuant to the schedule set forth in the Affiliate Program materials posted on the PepperJam Network or otherwise provided by us. We reserve the right, at our sole discretion, to change, modify, add add, or remove portions of this Revenue Share schedule at any time without notice. For purposes of this Agreement, "Net Revenue" means all cash consideration (not including any portion of payment made through the redemption of coupons or credits, or the purchase of gift certificates or gift cards, including shipping and handling) from merchandise sold in a transaction resulting directly from a Qualifying Link tracked by PepperJam from your website to the Merchant Website in accordance with this Agreement, where the customer purchases such merchandise, less all taxes, shipping and handling charges, gift wrapping and other value-added service charges, returns and chargebacks. You acknowledge and agree that we will not be obligated to pay any revenue share unless we actually ship the applicable order and receive full payment for such order.
(b) A transaction may be deemed to be resulting directly from a Qualifying Link tracked by PepperJam from your website to the Merchant Website if:
(i) such purchase is made during the time period set forth by us through the PepperJam Network after the customer has initially entered our website through your tracked Qualifying Link ("Revenue Share Time"). After the Revenue Share Time, we will not pay referral fees on any products that are added to a customer's shopping cart after the customer has re-entered our website (other than through a Qualifying Link from your website), even if the customer previously followed a link from your website to our website.
(ii) your tracked Qualifying Link is the most recent referral to the Merchant Site prior to such purchase among all marketing channels tracked by us. If we are able to track a referral from another marketing channel (e.g., another affiliate, comparison shopping engine, paid search, banner advertisement or any other trackable marketing channel) that is more recent than your Qualifying Link, then the resulting purchase will be deemed not to be directly resulting from your tracked Qualifying LinkWebsite. All determinations of Qualifying Links and whether a referral fee is payable will be made by us and PepperJam and will be final and binding on you.
(c) Subject to the terms and conditions of this Agreement, we will pay you the above-described Revenue Share on a monthly basis. PepperJam We will send payment for the Revenue Share earned, less any taxes or other amounts that we may be required by law to withhold. No interest will be paid on any such amount held by us. If a Revenue Share payment is made hereunder and relates to merchandise that is later returned by the customer, the applicable Revenue Share will be deducted from the next applicable payment hereunder. If any portion of such Revenue Share cannot be recovered through a deduction, we will invoice you for such amount and you agree to pay this amount within 30 days after receipt of such invoice. Upon termination of this Agreement, PepperJam we will send, or cause to be sent, payment for the total amount of Revenue Share then owed to you as of the termination date. The final Revenue Share payment may be withheld by us for a reasonable period of time to ensure that the correct amount is paid after making any adjustments that may be required, including, but not limited to, adjustments for returns.
Appears in 1 contract
Samples: Affiliate Participation Agreement
Revenue Share Payments. (a) During the term of this Agreement, we agree to pay you a revenue share (the "“Revenue Share"”) equal to the applicable percentage of Net Revenue determined pursuant to the schedule set forth in the Affiliate Program materials posted on the PepperJam Affiliate Network or otherwise provided by us. We reserve the right, at our sole discretiondiscre- tion, to change, modify, add or remove portions of this Revenue Share schedule at any time without notice. For purposes of this Agreement, "“Net Revenue" ” means all cash consideration (not including any portion of payment made through the redemption of coupons or credits, or the purchase of gift certificates or gift cards) from merchandise sold in a transaction trans- action resulting directly from a Qualifying Link tracked by PepperJam Calyx Wellness from your website to the Merchant Website in accordance with this Agreement, where the customer purchases such merchandise, less all taxes, shipping and handling charges, gift wrapping and other value-added service charges, returns and chargebacks. You acknowledge and agree that we will not be obligated to pay any revenue share unless we actually ship the applicable order and receive full payment for such order.
(b) A transaction may be deemed to be resulting directly from a Qualifying Link tracked by PepperJam Calyx Wellness from your website to the Merchant Website if:
: (i) such purchase is made during the time period set forth by us through the PepperJam Affiliate Network after the customer has initially entered our website through your tracked Qualifying Link ("“Revenue Share Time"”). After the Revenue Share Time, we will not pay referral fees on any products that are added to a customer's ’s shopping cart after the customer has re-entered our website (other than through a Qualifying Link from your website), even if the customer previously followed a link from your website to our website.
(ii) your tracked Qualifying Link is the most recent referral to the Merchant Site prior to such purchase among all marketing channels tracked by us. If we are able to track a referral from another marketing channel (e.g., another affiliate, comparison shopping engine, paid search, banner advertisement or any other trackable marketing channel) that is more recent than your Qualifying Link, then the resulting purchase will be deemed not to be directly resulting from your tracked Qualifying Link. All determinations of Qualifying Links and whether a referral fee is payable will be made by us and PepperJam and will be final and binding on you.
(c) Subject to the terms and conditions of this Agreement, we will pay you the above-described Revenue Share on a monthly basis. PepperJam will send payment for the Revenue Share earned, less any taxes or other amounts that we may be required by law to withhold. No interest will be paid on any such amount held by us. If a Revenue Share payment is made hereunder and relates to merchandise that is later returned by the customer, the applicable Revenue Share will be deducted from the next applicable payment hereunder. If any portion of such Revenue Share cannot be recovered through a deduction, we will invoice you for such amount and you agree to pay this amount within 30 days after receipt of such invoice. Upon termination of this Agreement, PepperJam will send, or cause to be sent, payment for the total amount of Revenue Share then owed to you as of the termination date. The final Revenue Share payment may be withheld by us for a reasonable period of time to ensure that the correct amount is paid after making any adjustments that may be required, including, but not limited to, adjustments for returns.
Appears in 1 contract
Samples: Affiliate Participation Agreement