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Our Affiliate Agreement

This Internet Referral Program Agreement ("Agreement") contains the complete terms and conditions that apply to your participation in the Gainan's Flowers Affiliate Program and the establishment of links from your web site to the Gainan's Flowers web site, "www.gainans.com". You may also be referred to herein as "PARTICIPANT", "you" or "Party".

I. The Affiliate Program:

1) As a member of the "Gainan's Flowers Affiliate Program" you will be provided a variety of graphical and text based links, which you may place, multiple times if you wish, on your web site. The provided links will include a designated code that will identify your site as a Participant of our program. As a participant you agree that you will only display the graphical images and text based links that have been provided to you from Gainan's Flowers.

2) In order to be processed as an acting participant you must first submit the required enrollment form, which can be found on this website. Upon completion of your application, a designated representative will evaluate your application and notify you of your acceptance or rejection, which is based on numerous conditions.

II. Terms:

1) This agreement will become in effect once your enrollment Application is approved. This agreement may be terminated at any time by either yourself or Gainan's Flowers without any reason or without notifying the other party of termination.

2) Participants are only eligible to earn commissions on sales which are completed during the term of active participation. All commissions earned through termination will be payable only if the related purchases are not canceled or returned. Gainan's Flowers may withhold final payment for a reasonable time to ensure that the correct amount is paid.

III. Commissions:

1) Commission rates are determined at the time of registration and are subject to change.

2) Payments will be received within 30 days after the end of each month. Total commissions due you for such month must exceed $25. A check will then be commissioned, minus any taxes required to be withheld. For any calendar month in which your commissions do not exceed $25, Gainan's Flowers will roll over your balance to the next month, and so forth, until a total amount that equals or exceeds $25 is due.

IV. Maintenance:

1) Participants are required to ensure that visitors to their site have easy access to Gainan's Flowers and that all links and images are in working order.

2) Participants must continue to maintain an appropriate web site that does not violate the terms of "appropriateness." If any of the following is found on your web site Gainan's Flowers will terminate your account.

  • Violate any laws, rules or regulations.
  • Violate or infringe upon the rights of any third party including, without limitation, copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
  • Contain lewd, pornographic, sexually explicit, or obscene content.
  • Violate any laws regarding unfair competition, anti-discrimination or false advertising.
  • Promote violence or contain hatful view or language
  • Contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious program routines; or

Gainan's Flowers reserves the right to monitor particpant's Web Site, at any time and from time to time to determine whether a site is in compliance with the terms of this Agreement.

V. Fulfillment:

Gainan's Flowers will fulfill all fully paid orders for Products in accordance with Gainan's Flowers' customary business practices. Gainan's Flowers shall be solely responsible for fulfilling all orders placed by a customer as a direct result of the Links. Gainan's Flowers' Products offered through the links will be supported by the same favorable warranty and return policy for such Products as offered through other Gainan's Flowers' channels. Customers who purchase through the Affiliate Program are deemed to be customers of Gainan's Flowers, all of Gainan's Flowers' rules, policies, and operating procedures concerning customer orders, customer service, and use of customer names and information, will apply to those customers.

VI. Promotion:

Any promotional activity you may wish to engage in that requires the prior written consent of Gainan's Flowers. PARTICIPANT shall not create, publish, distribute, or permit any written material that makes reference to Gainan's Flowers without first submitting such material to Gainan's Flowers and receiving written consent.

VII. Licenses:

1) Gainan's Flowers grants to all participants a non-exclusive, non-transferable, royalty-free, revocable license to access the Gainan's Flowers Web Site through the Links solely in accordance with the terms of this Agreement and in connection with such links, to use Gainan's Flowers' logos, trade name, trademarks, service marks and similar identifying material relating to Gainan's Flowers, for the sole purpose of selling Products on your Web Site for Gainan's Flowers. You may not alter, modify, amend, or change the these in any way.

2) Participating sites may not use any such images, logos, or links for any purpose other than promoting or selling products from Gainan's Flowers. If participating web sites wish to use images in other ways, they may not do so without the written consent of Gainan's Flowers. Participants also agree not to use any images or logos in any way that may show Gainan's Flowers in a negative manner. Gainan's Flowers reserves all of its rights in the images and logos and all of their other proprietary rights. Gainan's Flowers may revoke this license at any time, by giving you written notice. Participants may not alter, modify, or change any files, whether graphical or text based, in any way.

3) All intellectual and proprietary property and information, supplied or developed by Gainan's Flowers shall be and remain the sole and exclusive property of Gainan's Flowers Upon termination of this Agreement, PARTICIPANT shall return to Gainan's Flowers any and all such property and information it received from Gainan's Flowers and immediately cease use of Gainan's Flowers' Marks. Participant agrees not to contest or challenge Gainan's Flowers' Marks or to use any confusingly similar marks.

VIII. Confidentiality:

Pursuant to this Agreement, the Parties may disclose to one another certain information which is considered by the disclosing party to be proprietary or confidential information, including, without limitation, the term of this Agreement, business, marketing and financial information, customer and vendor lists, and pricing and sales information. All such Information shall remain the sole property of the disclosing party, and its confidentiality shall be maintained and protected by the receiving party with the same degree of care as the receiving party uses for its own confidential and proprietary Information and the receiving party shall not disclose such Information to any third party without the consent of the disclosing party. The restrictions of the use or disclosure of any Information shall not apply to any information: after it has become generally available to the public without breach of this agreement by the receiving party; (is independently developed by receiving party; is rightfully in the receiving party's possession prior to disclosure to it by the disclosing party; is rightfully received by receiving party from a third party without duty of confidentiality; or is disclosed under operation of law or pursuant to legal or regulatory process.

IX. Indemnification:

Participants agrees to indemnify, defend and hold harmless Gainan's Flowers, its parent company, subsidiaries, affiliates, successors and assigns and their respective officers, directors, shareholders and employees, from and against any and all losses, liabilities, damages, actions, claims, expenses and costs including, without limitation, reasonable attorneys' fees, which result or arise from or are based on the negligence of the participant, its agents, servants and/or employees. If a participant breaches this Agreement or any of the terms hereunder, any misrepresentation of a representation or warranty, or breach of a covenant or agreement, or in the Enrollment Application, any claim that Gainan's Flowers' use of PARTICIPANT'S Marks infringe on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, or any claim related to participant's Web Site, including, without limitation, content therein not contributed directly by Gainan's Flowers.

X. Independent Parties:

Nothing contained herein shall imply any partnership, joint venture or agency relationship between the Parties and neither Party shall have the power to obligate or bind the other in any manner whatsoever, except to the extent herein specifically provided.

XI. Binding Effect; Benefit:

This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. Nothing in this Agreement, expressed or implied, is intended to confer on any person or entity other than the Parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

XII. Severability:

If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall not be affected and shall remain in full force and effect.

XIII. Liability:

Except as otherwise expressly provided in this Agreement, Gainan's Flowers shall not be liable for any breach of this Agreement or for any delay or failure of performance resulting from any cause beyond such Party's reasonable control, including without limitation, the weather, strikes or labor disputes, war, terrorist acts, riots or civil disturbances, government regulations, acts of civil or military authorities, or acts of God.

XIV. Entire Agreement:

This Agreement constitutes the binding agreement between the Parties; represents the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior agreements; and may not be modified or amended except in writing signed the Parties. Notwithstanding anything to the contrary contained herein, Gainan's Flowers may modify and change any of the terms and conditions of this Agreement, at any time in its sole discretion. Participants will be notified by E-mail. Modifications and changes may include, without limitation, changes in the scope of available commission fees and payment procedures. If any modification or change is unacceptable to participant, participant's only recourse is to terminate this Agreement. Your continued participation in the Program following the sending of the above E-mail, or a new agreement, will constitute binding acceptance of the modification or change.

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Gainan's Flowers https://www.gainans.com/images/siteSettingWide/GainanFGHforwebsite-150616111038.jpg 502 N 30th St Billings, MT 59101 866-445-7390 406-245-6436

LOCATIONS Gainan's Flowers: Downtown: 502 N 30th St Billings, MT 59101 406.245.6434 Gainan's Flowers: West Store: 1211 24th St W Billings, MT 59102 406.652.1650 Gainan's Flowers: Heights Garden Center: 810 Bench Blvd Billings, MT 59105 406.248.5029

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