AGREEMENT FOLLOWING ACCEPTANCE
FREQUENTLY ASKED QUESTIONS
Join the BYORK LLC. (‘BYORK’) and BYORK.us Affiliate Network and start earning commissions to your site.
EARN 4-20% COMMISSION DEPENDING ON SITE TYPE
We’ve worked hard to create a program that helps our partners achieve their goals. It’s our business to make people happy—and that includes you.
PUT OUR FASHION EXPERTISE, LEGENDARY SERVICE, HIGH-DEMAND PRODUCTS AND EXCLUSIVE OFFERS TO WORK.
FRESH CREATIVE: Banners and links for multiple categories, sales and events.
PRODUCT DEPTH: BYORK, BYORK by LORA HAYWORTH, BYORK NY, LAEL. Our assortment spans diverse prices, trends and brands; choose product advertising that fits your audience the best.
EXCLUSIVE OFFERS: Stand out with high-demand brands and unique offers, including our collaboration with LORA HAYWORTH.
PROMOTIONAL BENEFITS: Promote the services that our customers love:
• Free Shipping. Free Returns. All the Time.
• Buy Online, Pick Up In Store.
• Same-day delivery in selected markets.
EARN 4-20% COMMISSION (DEPENDING ON SITE TYPE) WITH A PROGRAM DESIGNED TO HELP OUR AFFILIATE PARTNERS SUCCEED.
MARKETING EXPERTISE: Receive free affiliate newsletters from the BYORK marketing team with tips on best sellers, upcoming promotions and more.
WE MAKE IT SIMPLE—AND THERE’S NO COST TO YOU.
EASY SET-UP: Getting up and running is a snap. We’ll provide step-by-step directions to get set up with access to BYORK banners and links for your site.
This BYORK,LLC. Affiliate Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the BYORK, LLC. Affiliate Program, which is operated through the BYORK CORP. Affiliate Network operated by BYORK CORP. This Agreement is made and entered into by BYORK,LLC., a Delaware corporation, and you, the applicant. As used in this Agreement, “we” means BYORK,LLC.. and “you” means the applicant. “Site” means a World Wide Web site and, depending on the context, refers either to (a) the BYORK,LLC. site located at the URL BYORK.us or such other site as BYORK,LLC. might designate, or (b) the site that you will link to our Site and which you have identified in your Program application..
ENROLLMENT IN THE PROGRAM
To begin the enrollment process, you need to submit a complete Program application at the BYORK CORP. Site located at www.byork.us and/or byorkny.com we will evaluate your application and will notify you through the BYORK CORP. Site of your acceptance or rejection. We may reject your application for any reason, including, but not limited to our determination, in our sole discretion, that your Site is unsuitable for the Program. Unsuitable Sites include, but are not limited to, those that: (a) contain or link to nudity or pornography or promote sexually explicit materials; (b) promote violence; (c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (d) promote illegal activities; (e) infringe our intellectual property rights or those of any third party or otherwise violate the rights of any third party; (f) contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party; (g) promote the use of any pyramid or similar schemes; (h) contain software downloads that potentially enable diversions of commissions from other sites, (i) include ” BYORK “,” BYORK,LLC.”, “BYORK.us” or variations or misspellings thereof, in their domain names; (j) have a clear stated mission that is in part to support religious or politically active causes, as represented on the homepage or one of the key landing pages; or (k) distribute content to third parties. If a Site distributes content to third parties and is willing to give BYORK,LLC. a list, for approval, of all sites, which currently feature the content, and written notice upon acceptance of any new distribution partnerships, Site may be accepted into the Program
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AGREEMENTS FOLLOWING ACCEPTANCE
The following terms and conditions will be effective if and only if BYORK,LLC. accepts your application. By applying to be a BYORK,LLC. affiliate, you agree to be bound and abide by such terms and conditions.
- Links on Your Site. To permit accurate tracking, reporting and referral fee accrual, we will authorize BYORK CORP. to give you access on the BYORK CORP. Site to special “tagged” link formats (“Special Links”) to be used in all links between your Site and our Site. You must ensure that each of the links between your Site and our Site properly uses such special link formats. We will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Each Special Link, as viewed by a customer, will be in the form of a BYORK logo, text link or product provided by us. The BYORK logo for each Special Link will be served by BYORK CORP. servers, which can only be accessed by using the special “tagged” link formats. You agree only to use the BYORK logos and images provided by us via the BYORK CORP. Site, and you further agree not to obtain or use BYORK logos or images from any other source. Your Site’s title and other trademarks and linking logos must appear at least as prominently as the BYORK.us logo that is used to create the Special Link.
- Order Processing. We will process product orders placed by customers who follow Special Links from your Site to our Site. We reserve the right to reject orders that do not comply with any and all requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. BYORK CORP. will track sales made to customers who purchase products using Special Links from your Site to our Site and will be solely responsible for making available to you reports summarizing this sales activity through the BYORK CORP. Network. The form, content and frequency of the reports may vary from time to time at our discretion. You hereby agree not to disclose the information contained in these reports to any third party without prior written consent from BYORK,LLC.
- Referral Fees. We will pay you referral fees on certain product sales to customers as provided in Section 4. For a product sale to be eligible to earn a referral fee, the customer must follow a Special Link from your Site to our Site, select and purchase the product using our online ordering system, accept delivery of the product at the shipping destination, and remit full payment to us (“Qualifying Purchase”). We will not, however, pay referral or other fees on any products that are subsequently purchased after the customer has reentered the BYORK.us Site other than through a Special Link from your Site, even if the customer previously followed a Special Link from your Site to the BYORK.us Site. Purchases of BYORK Gift Cards are not eligible to earn referral fees.
You may not purchase products during sessions initiated through the Special Links on your Site for your own use, resale, or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives or associates in any manner. Such purchases may result, in our sole discretion, in the withholding of referral fees or the termination of this Agreement.
- Referral Fee Schedule. You agree and acknowledge that the referral fees you earn pursuant to Section 3 will be in amounts established by us and posted on the BYORK CORP. Site together with the application materials. The Referral Fee Schedule is incorporated into this Agreement by reference. We reserve the right to modify the Referral Fee Schedule at any time in our sole discretion upon prior notice to you. Referral fees shall be limited to a maximum of 5% per item unless otherwise provided in the Referral Fee Schedule.
- Referral Fee Payment. We will pay referral fees on a monthly basis. Approximately 45 days following the end of each calendar month, BYORK CORP. will send you a check for the referral fees earned on net sales of products that were shipped during that month, less any taxes that we are required by law to withhold. However, if the referral fees payable to you for any calendar month are less than $25.00 , we will hold those referral fees until the total amount due is at least $25.00 or until this Agreement is terminated. If a product that generated a referral fee is returned by the customer, we will deduct the corresponding referral fee from your next monthly payment. If there is no subsequent payment, we will send you a bill for the returned product referral fee.
- Policies and Pricing. Customers who buy products through this Program will be deemed to be our customers. Accordingly, all BYORK,LLC. rules, policies and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
- BYORK,LLC. Marks. The trademarks, trade names, designs and logos made available to you through the BYORK CORP. Site, that are used or owned by BYORK,LLC, or their wholly owned subsidiaries (“BYORK,LLC. Marks”) are proprietary marks of BYORK,LLC. Subject to the terms and conditions of this Agreement, BYORK,LLC. grants you a limited non-exclusive, nontransferable, revocable license to use the BYORK,LLC. Marks during the term of this Agreement. You will not (a) modify the BYORK,LLC. Marks, or (b) cause any act or thing that would impair our rights in the BYORK,LLC. Marks or damage the reputation for quality inherent in the BYORK,LLC. Marks. Further, you acknowledge (a) your use of BYORK,LLC. Marks do not convey to you any right, title or interest in or to the BYORK.us Marks; (b) BYORK,LLC. ownership of the BYORK,LLC. Marks, (c) you may not contest the BYORK,LLC. Marks, register or attempt to register in any jurisdiction any BYORK,LLC. mark or any confusingly similar mark or trade name; (d) you agree to identify the BYORK, LLC. Marks by including appropriate symbols and notices reasonably requested by us; (e) you may not obtain or use the BYORK,LLC. Marks except as provided in Section 1; and (f) your use of the BYORK,LLC. Marks, including all goodwill associated with such use, shall inure solely to BYORK,LLC.
- Responsibility for Your Site. You are solely responsible for the development, operation and maintenance of your Site and for all materials that appear on your Site, including, but not limited to (a) the Special Links; (b) ensuring all banners, text links, individual product links and search box ads (hereinafter the “Creative”) are up to date with what is offered in the BYORK Create Links page of BYORK CORP. requires customers to login first; (c) ensuring all Creative work effectively and link directly to BYORK.us, unless your Site requires otherwise; (d) the accuracy and appropriateness of materials posted on your Site (including but not limited to all product-related materials), (e) ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party (including, but not limited to, copyrights, trademarks, privacy or other personal or proprietary rights); (f) ensuring that materials posted on your Site are not libelous or unlawful, or do not violate any provision of this Agreement, and (g) compliance with all applicable national, state, regional and local laws and regulations.
We disclaim all liability for the matters stated in this Section 9. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys’ fees) relating to the content development, operation, maintenance and contents of your Site or any breach of your obligations under this Agreement.
- You may not use the BYORK.us or the BYORK,LLC. name, or any variation thereof, in any manner not expressly authorized by this Agreement. In particular, you may NOT post BYORK,LLC.. sales, promotions or coupons on your site without our prior written consent; you may NOT purchase domain names that have BYORK variations or misspellings in them which are solely intended to direct traffic away from the BYORK.us; you may NOT create sub-affiliate accounts under the original approved affiliate account, unless each such sub-account is approved and review by BYORK; you may NOT promote BYORK.us in e-mails/newsletters without prior written approval of the placement; you may NOT use BYORK.us’s name, or any variation thereof, in subject lines of e-mails/newsletters; you may NOT use BYORK.us’s name, or any variation thereof, in hidden text or source code; you may NOT use BYORK.us’s name, or any variation thereof, in your domain or sub-domain; you may NOT engineer your site in such a manner that pulls Internet traffic away from BYORK.us; you may NOT engineer your site in such a manner that would be considered “keyword stuffing”, such as using terms in hidden or live text that is meant to attract search engine spiders in order to determine higher relevancy to BYORK.us; you may NOT purchase any keywords on search sites related to BYORK or any variation thereof. BYORK strongly discourages you from the use “coupon” terminology when promoting BYORK.us; as an alternative, the use of “event” or “sale” is highly recommended. You may not launch the BYORK.us site directly from search engine listings or from your site unless the visitor clicks through a BYORK banner, logo or product. BYORK may, in its sole discretion, suspend your account and/or withhold referral fees if, it in its sole judgment, it determines you are in violation of any of the prohibitions or conditions contained herein. In addition to the Termination provisions set forth below, violation of the forgoing prohibitions may result in the immediate termination of this Agreement.
- You may NOTutilize in connection with your Site or the promotion of our Site: (a) any framing technology that frames BYORK.us; (b) any software that gathers information through the customer’s Internet connection without his or her knowledge; (c) any software or action that violates any applicable federal, state or local laws, including without limitation, laws which prohibit a person or company from (i) installing spyware on another person’s computer, (ii) causing spyware to be installed on another person’s computer, or (iii) using a context based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising or other content on an Internet website in a way that interferes with a user’s ability to view the Internet website, or (d) browser-embedded contextual targeting applications or other applications which serve “Advertising” on BYORK ‘s competitors Sites or on any other Site other than your Site. “Advertising” means (i) pop-up ads and pop-unders, (ii) in-browser ads, and (iii) highlighting of Site content and redirecting to Sites with similar content, regardless of whether any such Advertising is served directly by you or is provided or purchased from a third-party purchaser;(e) any “opt-out downloads”. An “opt-out download” is any software, program, script, tool or element that would automatically download to a user’s computer or that would become operative when the user accesses the Internet unless the user takes affirmative action to prevent the download.
- Term of the Agreement; Termination. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either of us. Either you or BYORK,LLC. may terminate this Agreement at any time and for any reason, with or without cause, by giving the other party written or electronic notice of termination. If you don’t generate at least 50 click-throughs or at least one sale per month through affiliate links, you may be removed from the program. You are only eligible to earn referral fees on sales occurring during the term of this Agreement, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon termination of this Agreement, (a) all licenses hereunder shall terminate, (b) you will immediately remove any links, BYORK,LLC. Marks, and other BYORK,LLC. Intellectual property or brand features from your Site, (c) BYORK,LLC. shall immediately remove any of your logos, marks, and brand features from the BYORK.us site, and (d) Sections 7 through 25 will survive such termination. BYORK may withhold referral fees at termination if BYORK, in its sole discretion, believes explicit provisions of this Agreement have been breached and such referral fees were earned in violation of this Agreement. In addition to the right to terminate this Agreement, BYORK shall be entitled, in addition to any and all remedies of law, to seek damages for breach of this agreement, including, injunctive relief, punitive damages, and/or refund of the fees and other payments made pursuant to the terms of this agreement.
- Modification. We reserve the right to change or modify the terms and conditions contained in this Agreement, at any time and in our sole discretion. Any changes or modifications will be effective upon posting of the revisions and notice of such changes to the Site. BYORK may deliver notice by any of the following methods: (a) by posting a change notice or a new agreement on the BYORK CORP. Site; (b) changing the date of this Agreement on the BYORK CORP. Site; or (c) by giving you notice of the change or modification through the BYORK CORP. Network. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOU’RE CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
- Relationship of Parties. Both of us are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. 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, special or consequential damages arising in connection with this Agreement, the Program or BYORK CORP., even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement. All claims made hereunder by you against us shall be made within 120 days of the act or omission, which forms the basis of such claims.
- Disclaimers. We make no express or implied warranties or representations with respect to BYORK CORP., the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, 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 or termination of any services, products or this Agreement.
- Independent Investigation. You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or compete with your web site.
- Assignment and Successors. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against, the parties and their respective successors and assigns.
- Scope of Agreement. This Agreement and the Referral Fee Schedule constitutes the entire agreement and understanding between us with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous written or oral agreements or representations between us.
- Injunctive Relief. You expressly agree that your violation of Sections 1, 7, 8, 10 or 11 will cause irreparable harm to BYORK, LLC. and that a remedy at law would be inadequate. Therefore, in addition to any and all remedies available at law, BYORK, LLC. will be entitled to seek an injunction or other equitable remedies in all legal proceedings in the event of any threatened or actual violation of any or all of the provisions hereof.
- Attorneys’ Fees. In the event any action is commenced to construe or enforce any provision of this Agreement, the prevailing party, in addition to all other amounts such party shall be entitled to receive from the other party, shall be entitled to receive its reasonable attorneys’ fees and costs incurred in bringing such action.
- Notices. Any notices required or permitted by this Agreement shall be delivered to the other party through the RBYORK CORP. Network. Notice shall be deemed given one business day after such notice was sent via the BYORK CORP. Network by the sending party.
- Governing Law, Jurisdiction, and Venue. This Agreement will be governed by the laws of the United States and the State of Washington, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought only in the federal or state courts located in Seattle, Washington, and you irrevocably consent to the jurisdiction of such courts.
- Waiver. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. The failure of either party to enforce any right or remedy shall not be deemed a waiver of said right or remedy.
- Publicity. We do not permit you to utilize media releases of any kind to publicize your business relationship with Us. You shall not use any BYORK, LLC. Mark, trademark, service mark, logo or any other information which identifies BYORK in Agency’s sales, marketing and publicity activities and/or materials, including, but not limited to interviews with representatives of any written publication, television station or network, or radio station or network, and publication in any Internet Web site, digital media, print, video or audio media.
- BYORK CORP. Required Provisions. You agree to indemnify, defend and hold harmless BYORK CORP. and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any other matter related to this Agreement or any related dispute. In the event of any dispute between the parties, the parties agree that to the extent the parties contact and involve BYORK CORP., BYORK CORP. may consult with and use counsel of its own choice in connection with such dispute.
You acknowledge and agree that the nature of the Program is such that in its normal operation it may access and download elements of software data from resources that are external to the computer or device running the Program, such as Program. You also acknowledge that BYORK CORP. has not undertaken to provide such external resources or servers and specifically disclaims any representation or warranty as the availability, quality or performance of such resources or whether they may contain any defects which may affect the performance of the Program. BYORK CORP. shall not be responsible for provision of any communications facilities or the costs associated with such communications.
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FREQUENTLY ASKED QUESTIONS
Why become a BYORK,LLC. Affiliate?
Becoming an Affiliate enables you to offer your customers extra value. Your Affiliate link provides easy access to high-demand products and BYORK ‘s legendary customer service. In turn, BYORK, LLC. will send you a monthly commission check for all sales generated by referring visitors to our site. BYORK, LLC. handles all processing, fulfillment, shipments and customer service for these orders. After setting up the Affiliate links, all you have to do is collect your check. You’ll also have 24-hour online access to traffic and sales statistics through BYORK CORP..
How do I become an Affiliate?
Visit www.byork.us and/or byorkny.com or click here to apply online. BYORK CORP. is the company we’ve partnered with to help maintain our affiliate program. Please read the Terms and Conditions at the bottom of the application page. After accepting the Terms and Conditions, you’ll need to fill out a brief application. We will let you know via e-mail whether or not your site has been accepted into the program.
Is my site eligible to become a BYORK,LLC. Affiliate?
BYORK,LLC. works with a limited number of high quality sites. We reserve the right to refuse any site that does not meet our quality and content standards.
What are BYORK’s criteria for accepting or rejecting an application?
We encourage anyone with a website to apply for our program. However, we reserve the right to reject sites that contain objectionable content. We define that as material that may be deemed pornographic, violent, illegal, discriminatory, or socially or politically controversial. Sites that contain such content will be rejected. We also reserve the right to reject any site for any reason. The Affiliate relationship may be terminated at the sole discretion of either BYORK,LLC. or the Affiliate at any time.
What does it cost to become an Affiliate?
Nothing. Applying to and participating in our Affiliate Program is completely free. We do not impose an application fee or a minimum sales quota.
How do you track the sales referred by my site?
We’ve partnered with BYORK CORP. to manage our Affiliate Program and to handle reporting. When a visitor clicks the affiliate link on your site and ends up making a purchase at BYORK.us, BYORK CORP. keeps track of that sale. BYORK CORP. will make available reports on how your links are performing and how much commission you’re earning.
How much commission will I earn?
We are offering a 2-20% commission on all net sales depending on site type. We are unable to project what your sales figures will be. But, put simply, the more customers you refer to BYORK.us, the more you will earn.
How and when do I get paid?
BYORK,LLC. issues commission checks monthly. If commissions from your site do not exceed $25 during the month, the commission will accrue and appear in the subsequent month. You are responsible for any taxes associated with commission fees.
What products are eligible for commission?
All products available online at BYORK.us are eligible. When customers referred by your site make a purchase, you earn a commission.
For further questions, please contact us at affiliates@BYORK.us
Signing up as a BYORK CORP. publisher is quick, easy, and free!
Just complete the info on this page and you’ll be up and running in no time.
(This section is temporarily under maintenance; please forward your inquiry through Contact us. Thanks.)
BYORK CORP. is legally required to collect W-8/W-9 tax information in order to process and issue your commission payments. Please verify that the information below is accurate.
If you have questions regarding which tax form to select, please refer to a qualified tax adviser or visit the IRS website at www.irs.gov
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