NoDevice.com Partners program.

General: Terms of Use

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the NoDevice.com Affiliates Program (the "Program").
As used in this Agreement, "we" means NoDevice.com, and "you" means the applicant. "Website" means a World Wide Website and, depending on the context, refers either to NoDevice.com's Website located at the URL www.NoDevice.com, or to the Website that you will link to our Website (and which you will identify in your Program application). For purposes of this Agreement, “our Website” also includes any NoDevice Website operated by us other than www.NoDevice.com.

1. Enrollment In The Program To begin the enrollment process, you will submit a complete Program application via our Website. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your Website is unsuitable for the Program. Unsuitable Websites include those that:

• Promote violence;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Promote illegal activities or are intended to harass or defame anyone;
• Include "NoDevice" or variations or misspellings thereof in their domain names; or
• Otherwise violate our intellectual property rights or the intellectual property rights of others.
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your Website is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement immediately without prior notice.

2. Links On Your Website Once you have been notified that your Website has been accepted into the Program, you may provide on your Website one or more of the following types of links to our Website:
• Product Links
• Category Links
• Search Box Link
• General Link To Our Website Home Page
We will provide you with guidelines and graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and commission fee accrual, we will provide you with special "tagged" link formats to be used in all links between your Website and our Website. You must ensure that each of the links between your Website and our Website properly utilizes such special link formats.

3. Restrictions and Prohibited Activity You may not:
(a) Dilute, blur or tarnish the value of our names, and/or products and services. (For example, you are not allowed to say that you offer better and/or more promotions, products and services than NoDevice.com.);

(b) Misrepresent NoDevice.com’s brands including our URL, logos, trademarks and tradenames;

(c) Engage in indiscriminate or unsolicited commercial advertising emails;

(d) Cause or enable any sales to be made that are not in good faith, including, but not limited to, by means of any device, program, robot, Iframes, hidden frames or redirects;

(e) Establish or cause to be established any promotion that provides any rewards, points or compensation for sales, or that allows third parties to place Links to our Website or our Website content, without our prior written permission;

(f) Use any existing or future software products or services (including without limitation any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the Web user's access, view or usage of, or other aspect of the Web user's experience at the Website of any affiliate of ours in a manner that causes or otherwise results in a different experience from what was otherwise intended by our affiliate.
4. Order Processing We will process product orders placed by customers who follow a Special Link from your Website to our Website. We reserve the right to reject orders that do not comply with any 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. We will track sales made to customers who purchase products using Special Links from your Website to our Website and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.
5. Commission Fees We will pay you (in accordance with Sections 6 and 7 below) commission fees on certain Product sales to third parties. For a Product sale to be eligible to earn a commission fee, the customer must follow a Special Link from your Website to our Website, select and purchase the Product using our automated ordering system, accept delivery of the Product at the shipping destination, and remit full payment to us.
6. Commission Fee Schedule Direct Commissions.

You will earn commission fees based on Qualifying Revenues according to commission percentage schedules established by us from time to time. "Qualifying Revenues" are revenues derived by us from our sales of products such as posters, prints, photos, photo books, lobby cards, mounting or framing as a result of purchases made by visitors to our Website that come directly through a Special Link on your Website. “Qualifying Revenues” do not include shipping & handling, gift-wrapping, taxes or service charges.

NoDevice.com pays commissions on a sliding scale. At the end of each month we will add all of your sales together for that month and arrive at your commission percentage for the month according to our commission percentage schedule, which is currently:

Each time you refer a visitor to NoDevice.com and they complete a purchase, you earn commission fees on Qualifying Revenues related to that sale. If the visitor does not purchase immediately, but comes back within 10 days and purchases a product not in response to our own or another’s marketing activities, we still credit you with the sale.
50% per sale

Referral Commissions.
NoDevice.com will also pay you commission fees on sales made by all Websites you recruit to the Program. To qualify, the Websites you recruit must reference your Account Number or Website ID when they fill out our Program application. This reference can be made manually whereby the applicant enters your Account Number or Website ID into the field marked "Referrer Account Number or Website ID" on the Affiliates Application or automatically using our recruitment banners that contain Special Links.

For each Website you recruit, you will earn: 10%

Affiliates may not sign-up Websites owned, beneficially owned or directly or indirectly controlled by them. Affiliates that sign-up for the Program must have a valid URL that they are responsible for. Affiliates may not directly or indirectly offer any person or entity any consideration or incentive to sign up Websites to the Program.
If we determine, at our sole discretion, that you are abusing the system in the manner stated above, we may (without limiting any other rights or remedies available to us) withdraw your participation and withhold any commission fees payable to you for Websites you recruit. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys’ fees reasonably incurred in connection therewith.
7. Commission Fee Payment We will pay you commission fees on a monthly basis. 30 days following the end of each calendar month, we will send you a check for the commission fees earned on your Qualifying Revenues during that month, less any taxes that we are required by law to withhold. However, if the commission fees payable to you for any month are less than $100.00, we will hold those commission fees until the total amount due

8. Policies And Pricing Customers who buy products through this Program will be deemed to be customers of NoDevice.com. Accordingly, all of our 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. Because price changes may affect products that you already have listed on your Website, you may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

9. Identifying Yourself As An Affiliate We will make available to you a small graphic image that identifies your Website as a Program participant. You must display this logo or the phrase "In affiliation with NoDevice.com" somewhere on your Website. We may modify the text or graphic image of this notice from time to time. In addition, we encourage (but do not require) you to include a Special Link on your Website to our home page at www.NoDevice.com.

You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion.