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TERMS & CONDITIONS-AFFILIATES

1. Introduction
2. Program Enrollment
3. Linking Requirements
4. Partner's Responsibilities
5. Order Processing
6. Licenses
7. Commissions and Payment Schedule
8. Spam
9. New York State Affiliates
10. Agreement Modification
11. Tracking
12. Agreement Terms
13. Indemnification
14. Independent Investigation
15. Warranty Disclaimers


IMPORTANT: PLEASE READ THE FOLLOWING CAREFULLY BEFORE AGREEING TO PARTICIPATE IN THE Ice.COM AFFILIATE PROGRAM (THE "AFFILIATE PROGRAM"). YOUR PARTICIPATION IN THE Ice.COM AFFILIATE PROGRAM IS CONDITIONED UPON YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE ONLINE APPLICATION, YOU ARE ENTERING INTO A LEGAL AGREEMENT WITH Ice.COM, FORMALLY INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT SELECT THE "ACCEPT " BUTTON AT THE BOTTOM OF THE ONLINE APPLICATION.

1. Introduction

Defined terms in this Agreement include the following: (a) "you" or "your" means you, the applicant applying to participate in the Program, and upon our acceptance of your application, the Affiliate, (b) "we" or "us" or "our" means Ice.com. (c) "our web site" means the Ice.com web site currently located at http://www.ice.com, (d) "your web site" means the World Wide Web site from which you will link to our web site, (e) "Affiliate" means a party accepted as a member of the Program, (f) "User" means a customer who links from your web site to our web site, (g) "Products" means any merchandise offered for sale by us on our web site. (h) "Affiliate Site" means an Affiliate web site that has been accepted as an Affiliate of Ice.com and (i) "Link" or "Links" means banner advertisements, buttons, links or text links that link to the Ice.com web site.

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2. Program Enrollment

To begin the enrollment process in the Program, you must complete the Ice.com Affiliate Application and accept the terms and conditions of the Agreement. Once you have accepted this Agreement, we will review your completed Affiliate Application and inform you whether or not you have been accepted as an Affiliate. We reserve the right to accept or reject Affiliates at our sole discretion. We may reject your application if we determine, at our sole discretion, that your web site is inappropriate or objectionable. Web sites that are objectionable or inappropriate include sites that:

  • Promote violence, are libelous, disparaging or defamatory
  • Promote illegal activities
  • Promote discrimination based on age, disability, nationality, race, religion, sex or sexual orientation
  • Contain little or no original content (such as sites that are 'under construction')
  • Contain images that are sexually explicit, obscene, harmful or harassing
  • Contain otherwise objectionable material
  • Incorporate materials that infringe upon third party copyright, trademark or other intellectual property rights
  • Are not accessible at the time of our application review

If we reject your application, you may not participate in the Program at this time, although you may re-apply to be an Affiliate at any time thereafter. We reserve the right, at our sole discretion, to reject an Affiliate application even after we have communicated acceptance to you, or to remove an Affiliate from the Affiliate Program at any time.

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3. Linking Requirements

When you become an Affiliate Site in our Affiliate Program, we will provide you with Links that will allow Users to your Web site to be transported directly when they click on the Link to Products on our Web site. As an Affiliate, you may display these Links on your Web site subject to the terms and conditions contained herein. All Links are subject to our approval and we will provide you with the information that you need to enable you to make appropriate Links to our Web site from your Web site. By accepting the terms of this Agreement, you agree that you shall cooperate fully with Ice.com to maintain such Link or Links. You further agree that (a) such Link or Links shall be displayed prominently throughout your Web site as you see fit and with our consent, (b) no Link or Links shall be modified, expanded or reduced in any way without our consent and (c) no Link or Links on your Web site shall in any way modify the look, feel and/or functionality of our Web site. We reserve the right to monitor your Web site at any and at all times to make certain that you are in compliance with the terms and conditions of this Agreement. You shall be fully responsible for all content, links and activities conducted on your Web site. We disclaim all liabilities related to such matters. You agree to indemnify Ice.com and hold us harmless (as well as our employees, officers, agents, directors and affiliated entities) from all liability claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, activities, contents and links of your Web site.

In accordance with the LinkShare Terms and Conditions, You agree that You shall not:

  • Place or use any Link of Ice.com except with the intention of delivering valid sales, leads, applications, accounts, clicks or other specified compensable actions;
  • Inflate the number of applications, accounts, clicks or other specified compensable actions or any impressions of the Ice.com web site, by any method or using any hidden frames, java pop ups, Web bot, robot, automatic redirecting of users, autospawning of browsers, or any other technique or means of generating automated click-throughs, requiring visitors to click on Ice.com's Link before entering any area of Your Site(s), by placing or including Promotions or links on pages of Your Site that automatically reload or go to another page without interaction from the user (for example, client pull or server push technology, METATAG reload, or refresh command on page html) or on any page that is not generally accessible to all Web users (for example, pop-up windows and hidden frames);

Affiliates using any of the aforementioned techniques or methods to establish a click, and/or place a cookie on a users computer will be terminated without notice and forfeit all outstanding and future commissions.

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4. Partner's Responsibilities

Partner will link its site to areas within Ice.com's site using special URLs specified in the Engagement (the "Required URLs"). Partner may post as many links to the Required URLs and the rest of Ice.com's site as it likes on Partner's site. The position, prominence and nature of links on the Partner's site shall comply with any requirements specified in the Engagement, but otherwise will be in the discretion of Partner.

Partner agrees not to make any representations, warranties or other statements concerning Ice.com, Ice.com's site, any of Ice.com's products or services, or Ice.com's site policies, except as expressly authorized by the Engagement.

Partner is responsible for notifying Ice.com and The LinkShare Network of any malfunctioning of the Required URLs or other problems with Partner's participation in the Engagement. Ice.com will respond promptly to all concerns upon notification by Partner.

At any time prior to Partner providing a Qualifying Link, Ice.com may with or without notice (a) change, suspend or discontinue any aspect of an Offer or an Engagement or (b) remove, alter, or modify any graphic or banner ad submitted by Ice.com for an Offer or an Engagement. Partner agrees to promptly implement any request from Ice.com to remove, alter or modify any graphic or banner ad submitted by Ice.com that is being used by Partner as part of an Engagement.

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5. Order Processing

We will be responsible for processing orders placed by customers acquired through the links. We reserve the right to reject orders that do not comply with any requirements that we may periodically establish. We currently ship only to addresses in the U.S. & Canada, however we also ship internationally for a flat shipping fee of $50 US.

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6. Licenses

You grant us a non-exclusive license to utilize your names, titles, logos, trademarks and urls (collectively, the "Affiliate Trademarks") to advertise, market, promote and publicize in any manner our rights hereunder; provided, however, we shall not be required to advertise, market, promote or publicize your Web site. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant us the license to use the same contemplated in this Agreement and that such grant does not and will not (a) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you or (b) infringe upon any trademark, trade name, service mark, copyright or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

Ice.com does not allow any trademark term bidding without expressed permission within any and all pay for placement, paid inclusion and other search engines. These trademark terms include but are not limited to:

ice.com
ice.com jewelry
ice online jewelry
ice.com coupon
ice.com discount

Any affiliates violating this policy may be terminated without notice and forfeit all outstanding and future commissions.

In addition, Affiliate may not claim to be Ice.com, Inc. in any pay-for-placement, paid inclusion or other search engines, and must clearly state the nature of the Affiliate relationship. Affiliates violating this policy may be terminated without notice and forfeit all commissions.

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7. Commissions and Payment Schedule

In compliance with the conditions below the commission structure of the Ice Affiliate program is as follows: TEN percent (10%) on all jewelry items, excluding select bridal and engagement products where we offer SIX percent (6%). At our sole discretion we may increase or decrease the revenue share percentages at any time.

Approximately thirty days after the end of each calendar month during the term of this Agreement, we will pay you the Referral Fees due for the month (one month lead-time for LinkShare verification period). All Referral Fees will be paid in United States Dollars. Payment schedule may vary during Christmas and Valentine's periods.

We will have no obligation to pay any Referral Fee for orders that are (i) cancelled or returned or (ii) placed after the termination of this Agreement. All Referral Fees previously paid with respect to orders that are cancelled or returned shall be deducted from the next payment due.

Ineligible Commission

You will not be eligible for Commission under the following circumstances:

  • A User comes to Ice through your website but purchases using a "discount code" or a "reference code" that discounts their purchase, unless the code is provided to you directly from the Ice affiliate managers or it's obtained from the "Create Links" section in the LinkShare web site.
  • A party comes to Ice through your website and does not purchase anything and then returns to Ice via another affiliate or partner at a later date and then makes a purchase, the second partner or affiliate will receive commission for the sale.
  • A party comes to Ice through website and returns after 60 days by entering our URL directly, then you will not receive commission for that later purchase.
  • If the User cannot be tracked for any reason, by our online ordering system.
  • The user has prevented cookies from being saved on his, her or its hard drive.

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8. Spam

Partner understands that the use of unsolicited commercial e-mail ("spam") by affiliates is absolutely prohibited. Your participation in the Ice.com affiliate program constitutes your specific and unconditional agreement to abide this anti-spam policy. Proper e-mail solicitation, however, can be an important means of advertising your site and your relationship with Ice.com. The following rules represent best practices, which are permitted under this agreement:

If an "opt-In" system exists for your line of business and target market, you may use it. (Opt-In systems are those where the user specifically requests to be placed on a mailing list.)

Violation of this rule will result in the suspension or termination of your affiliate relationship with Ice.com including the forfeiture of any commissions from the date of the offending e-mailing.

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9. New York State Affiliates

As of June 1st, 2008, if an affiliate partner is based in the State of New York or has an office(s) located within New York State, Ice.com will only allow the affiliate partner to promote the Ice.com brand and/or web site via the affiliate partner's web site. The affiliate partner may not promote Ice.com through any other marketing channel including, but not limited to:

  • paid search marketing
  • e-mail marketing
  • lead generation
  • mobile marketing
  • telemarketing
  • flyers

The New York State affiliate by default will initially be placed into the 10%/6% commission offer when joining the Ice.com affiliate program. The affiliate will be offered to opt into a $0.01 CPC offer. Failing to opt into this offer may result in a suspension or termination of your affiliate relationship with Ice.com. Any commissions generated will not be paid.

The New York State affiliate partner agrees that if they are not in the $0.01 CPC offer and at anytime generates a sale, the commission will be held and will not be paid.

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10. Agreement Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or new agreement on our site. Notice of any change to this Agreement delivered by e-mail, to your address on our records, or the posting of a new agreement on our Web site is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available Referral Fees, the Commission schedule, payment procedures and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If a modification is unacceptable to you, your sole recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following our posting of a change will constitute binding acceptance by you of such change.

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11. Tracking

All links from your site to our site contain a unique identifier so that every time a user comes to us via your site, you receive credit when a purchase is made. This is made possible with HTML links we create for you through a tag generator on Ice.com's Affiliate Site.

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12. Agreement Terms

The term of this Agreement will begin upon our acceptance of your Affiliate 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 notice of termination. You are only eligible to earn referral fee payment(s) on sales occurring during the term, and referral fee payment(s) earned through the date of termination will remain payable only if the related Ice.com Product orders are not canceled or returned, provided, however. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

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13. Indemnification

You hereby agree to indemnify, defend and hold Ice.com and its affiliates, directors, officers, employees and agents, harmless from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys fees) incurred by Ice.com as a result of a breach, or alleged breach, of any of your representations or obligations herein.

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14. Independent Investigation

You acknowledge that you have read this Agreement and agree to all of its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or competitive with your web site. You further understand that we may make available additional private offers to our affiliates at our sole discretion. 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 the Agreement.

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15. Warranty Disclaimers

We hereby disclaim, and you hereby release us, from any and all liability for downtime or other interruptions in service regarding the links and/or our web site without limiting the foregoing. The links, the "Licensed Trademarks," are provided to you 'as is,' without any warranty of any kind. We make no warranties or representations of any kind with regard to the Program or any products, express or implied, statutory, arising by law or otherwise, including, without limitation, any implied warranties of title, non-infringement, merchantability, fitness for a particular purpose,or arising out of course of performance, course of dealing or usage of trade. We do not warrant that our web site or products will be error free, function without interruption or that any errors will be corrected. If as a matter of law we may not disclaim any warranty, the scope and duration of such warranty shall be the minimum permissible under applicable law.

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