Terms and Conditions
In order to be compensated as an affiliate for referring customers to our services, you agree to the terms and conditions of this agreement.
Relationship of Parties
Shanti Boutique and Affiliate are entering into a simple business agreement in the best interests of both parties. Affiliate and Shanti Boutique are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between the parties.
Shanti Boutique reserves the right to accept or reject affiliate applications or revoke affiliation at any time for any reason, including but not limited to any activity or content deemed by Shanti Boutique to be defamatory, libelous, lewd, pornographic, obscene, or promoting violence or hate speech; in violation of any laws regarding unfair competition, antidiscrimination or false advertising containing viruses, Trojan horses, worms or other similar harmful or deleterious programming routines. Affiliate agrees not to include the words “Shanti Boutique” or misspellings thereof in metatags or other hidden text.
When you sign up, you will immediately access to your Affiliate account where you can choose a banner link or text link to paste into your website code.You will not be eligible to receive commission until your site is reviewed and approved by Shanti Boutique. You are responsible for notifying us of any malfunctioning of Shanti Boutique links or other problems with your participation.
Affiliate shall indemnify and hold Shanti Boutique harmless from any and all legal actions, damages or liabilities incurred from the day- to-day operations of affiliate. Under no circumstances will Shanti Boutique be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing, Shanti Boutique aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to affiliate under this agreement.
Commission and Payment Schedule:
Shanti Boutique will pay 10% commission of retail order totals not including shipping or tax on orders which originate from the Affiliate’s website. To be credited, your site must be the last link to shanti boutique’s website that the customer uses before making a purchase. Each purchasing session will remain open for 24 hours, after which time the customer must revisit your site first and link through to ours again to earn a commission.
Commissions are paid on net sales, minus returns and/or chargebacks and do not include any sales tax or shipping and handling. Please be aware that sales taxes in Europe (Netherlands) are 19% and are included in the retail price so any sales generated from links from the affiliate to our European site will first have 19% taken off the net retail order amount, then the 6% will be calculated. You are responsible for paying all applicable taxes on any commissions you receive from Shanti Boutique.
Commissions are paid at the end of each quarter by Shanti Boutique via PayPal. Affiliate must have a PayPal account in order to receive commissions (visit paypal.com to start a free account if you don’t already have one).
Wholesale orders are not eligible for commission.
Limitations
Shanti Boutique shall have the sole right and responsibility for processing all orders made by customers. Prices for the products will be set soley by Shanti Boutique. You agree not to make any representations, warranties or other statements concerning Shanti Boutique, shantiboutique.com, any of our products or services or our site policies.
Shanti Boutique grants its affiliates a revocable, non-exclusive license to reproduce our name, logo and artwork on your website solely for the purpose of creating links from your site to ours. You may not copy, modify, or distribute our artwork. All copyrighted material and trademarked names and logos used in accordance with this Agreement by either or both parties remain the exclusive intellectual property of the respective originating or issuing parties. No transference of intellectual property ownership or conveyance of rights is intended or conferred in this Agreement. Sales and interests in this Agreement may not be transferred or sold to any other entity and all business between the parties is subject to the terms of this Agreement. Both parties will be held to confidence in any matters of business with regard to this Agreement.
Each party hierby agrees to indemnify, defend and hold harmless the other party and it’s affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including attorney’s fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein.
Severability
The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
Termination
Either party may terminate this agreement at any time, for any reason, with 10 day’s prior written notice. We reserve the right to terminate the affiliate program at any time without prior notice. Shanti Boutique will own all right, title and interest in and to all information that is created or collected in the operation of the Shanti Boutique site and reserves the right to amend or terminate this Agreement at any time, with or without notice to Affiliate.