This Agreement contains the complete terms and conditions that apply to your participation as an affiliate
of Feel 21. As used in this Agreement, "we" or "us" means Feel 21, "you" or "your" or "our"
means the applicant.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FEEL 21. BY CLICKING ON THE "I ACCEPT"
BUTTON AT THE END OF THIS AFFILIATE AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT
YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING
YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE
- Order Processing
We will be responsible for providing all information necessary to allow you to make appropriate Links from your
site to our site. We will process orders placed by customers who
follow the Links from your site to the Feel 21 site. We will be solely responsible for all aspects
of order processing and fulfillment, including order entry, payment processing, shipping, cancellations, returns and
related customer service. We will track the volume and amount of sales generated by your site and will make
unaudited reports, summarizing this sales activity, available to you through our site. The form, content, and frequency
of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you
must ensure that the Links between your site and our site are properly formatted.
- Referral fees
We will pay you referral fees of 12% of the Qualifying Product sale per new
order, Plus 5% of any dealer Qualifying Product sales that sign up through
your affiliates number during the calendar month in which such Qualifying Products are sold.
Only Qualifying Products that are sold by and for which Feel 21 has received full payment will
qualify for a referral fee. A referral fee will only be paid if the visitor to our site is tracked
by the system from the time of the Link to the time of the sale. No referral fee will be paid
if the visitor to our site cannot be tracked by our system.
Feel 21 will send a referral fee check for the applicable referral
fees on the tenth day of each month for the activity from the previous
- Qualifying Products
Qualifying Products are all products on the site. Feel 21
reserves the right to add or delete products at any time at our sole discretion as market conditions change.
- Tracking of Sales
The Participant will be solely responsible for ensuring that all
links are formatted properly, a necessary prerequisite to tracking such sales. Statements of product
sales activity will be provided to the Participant in realtime with a special URL that they are assigned.
You may add as many links to Feel 21, or remove such links,
at anytime and without prior approval from Feel 21.
Feel 21 policy applies to all orders: Every customer who buys a product through this
program is deemed
to be a customer of Feel 21. The Participant does not have the authority to make or
accept any offer on
behalf of Feel 21. All Feel 21 policies regarding customer orders, including
product availability, pricing
and problem resolution, will apply to these customers. Feel 21 is not responsible
for any representations made
by the Participant which contradict our policies.
No SPAM: SPAM (in any way, shape or form, including email and newsgroup spamming)
will result in immediate account termination. All refferal fees owed up to termination date will
be paid. THIS IS YOUR ONLY WARNING.
- Pricing and availability
Product prices and availability may vary from time to time. In case of any price discrepancies, the price charged to the
customer will always be the price listed on Feel 21 webpage linked from your sponsoring website.
We cannot guarantee the availability or price of any particular Product.
- Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product
descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. Feel 21
will not be responsible if you use another party's copyrighted or trademarked material in violation of the law.
- Term of the Agreements
The term of this Agreement will begin upon our acceptance of your 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 notice of termination. Notice by e-mail, to your address on our records, is considered sufficient
notice for to terminate this Agreement. If this Agreement is terminated because you
have violated the terms of this Agreement or if this Agreement is terminated for any other reason, you are only
eligible to earn a referral fee on sales occurring during the term of the Agreement, and referral fees earned
through the date of termination will remain payable only if the related orders are not canceled or returned. We
reserve the right to withhold your final payment for 15 days to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time
and in our sole discretion.
- Relationship of Parties
You and Feel 21 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 for indirect, incidental, special, or consequential punative or multiple damages, including
without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of
data, arising in connection with this Agreement or Feel 21 performance of services
or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to this Agreement will not exceed the
total commissions paid or payable to you under this Agreement.
The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are
We make no express or implied warranties or representations with respect to the Product
or other items sold through Feel 21 (including, without limitation, warranties of fitness for a particular
purpose, merchantability, non-infringement, 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.
- Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by
you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms;
and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power;
have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and
neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgement or decree to
which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument
applicable to you or binding upon you.
You hereby agree to indemnify, defend and hold harmless Feel 21, its shareholders, officers,
directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands,
losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or
suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are
related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the
rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) or any claim
related to your site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FEEL 21. BY CLICKING ON THE "I ACCEPT"
BUTTON THE END OF THIS AFFILIATE AGREEMENT YOU ARE AFFIRMATIVELY STATING
THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY
INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE
BOUND BY THE TERMS HEREOF.