This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Blue Velvet Affiliate Program (the "Program"). As used in this Agreement, "we" means Blue Velvet, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Blue Velvet's site or to the site that you will link to our site.

1. Enrollment in the Program
• You will submit a complete Program application via our site. Although the account will be opened immediately for use Blue Velvet will review the application. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that:
  • Promote violence.
  • Promote illegal activities.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Violate intellectual property rights.
If we reject your application, you are welcome to reapply to the Program at any time.


2. Links on Your Site
   • General Link to Blue Velvet Home Page. You may provide a general link on your site to our home page in a format to be approved by Blue Velvet. We will provide you with guidelines and graphical artwork to use in linking to our home page.
   • Product Lists. You have the option to link to as many products as you wish that are listed on our site. You will be responsible for the content, style, and placement of these references. You will provide a special link from each product reference on your site to the corresponding Blue Velvet online catalog entry. Each link will connect directly to a single item in our online catalog, using a special link format that we give you. Products that are individually listed and linked as described above will be referred to as "Individually Linked Books."



3. Order Processing
   • Once the customer completes an order generated from a link on your site at Blue Velvet, they will be considered a customer of Blue Velvet. We will handle the entire order process. This includes order processing, payment retrieval, order shipping, and customer service. We reserve the right to refuse any order that does not meet the requirements of Blue Velvet order rules and regulations.



4. Referral Fees
   • We will pay you referral fees on certain product sales to third parties. For a product sale to generate a referral fee, the customer must follow a special link (in the format specified by Blue Velvet) from your site to the Blue Velvet site; purchase the product using our automated ordering system; ship the package from our facility; accept delivery of the product at the shipping destination; and remit full payment to us. We will not, however, pay referral fees on any products that are added to a customer's Order after the customer has reentered the site (other than through a special link from your site), even if the customer previously followed a link from your site to our site. We also do not pay referral fees to titles added to an order via our Order Status features or for products that do not ship from our facility. The Program is intended for commercial use only, and you may not purchase products through the Program for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. Products that are entitled to earn referral fees under the rules set forth above are hereinafter referred to as "Qualifying Products."



5. Fee Schedule
   • You will earn referral fees based on the sale price of Qualifying Products (as defined above), according to fee schedules to be established by us. "Sale price" means the sale price listed in our catalog (under the "Blue Velvet price" column) and excludes costs for shipping, handling, and taxes. The current fee schedule is: " 20% of the sale price for sales on Blue Velvet (www.bluevelvet.com) Website using either an individual link to a product or a general link to Blue Velvet homepage.



6. Fee Payment
   • We will pay you referral fees on a monthly basis. Approximately 30 days following the end of each calendar month, we will send you a check for the referral fees earned on products that were shipped during that month, less any taxes that we are required by law to withhold. However, we do not issue a check that total is less than $50 dollars. Monthly commissions under $50 will be rolled over to the next month.



7. Policies and Pricing
   • Customers who buy products through this Program will be deemed to be customers of Blue Velvet. Accordingly, all Blue Velvet 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 site, 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.



8. Limited License
   • We grant you a nonexclusive, revocable right to use the icon and message described in Section 8 and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the icon, the message, or any of our images in any way. We reserve all of our rights in the icon, the message, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice. Blue Velvet holds all copyrights and licenses over all content and materials found on the Blue Velvet website.



9. Terms of the Agreement
   • The terms of this Agreement will begin upon our acceptance of your 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 written notice of termination. You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term, 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.



10. 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 a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR 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.



11. Relationship of Parties
    • You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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.



12. Limitation of Liability
    • We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, 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.



13. Email Usage
    • Sending unsolicited emails promoting the goods/services of Blue Velvet, or any Three thirty, LLC subsidiary, except with clear permission from the recipient, is strictly prohibited and constitutes a breach of our Terms. If it is discovered an Affiliate is involved in such a practice, we will terminate said Affiliate's Account leading to forfeiture of ALL and ANY unpaid Affiliate commissions at that time.



14. Disclaimers
    • We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, 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.



15. 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 (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 COMPETE WITH YOUR WEB SITE. 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 THIS AGREEMENT.



16. Miscellaneous
    • This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to its conflict of laws principles. Venue of any dispute between the parties to this Agreement shall be in a court of competent jurisdiction located in Charlotte, Mecklenburg County, North Carolina. The parties hereby waive any objection that they may now or hereafter have to the venue of any such suit or any such court or that such suit is brought in an inconvenient court.
      
      You may not assign this Agreement, by operation of law or otherwise, without Blue Velvet's prior written consent. Subject to the foregoing restriction, this Agreement shall be binding upon and inure to the benefit of the parties named herein and their respective heirs, legal representatives, successors and permitted assigns.
      
      The failure of Blue Velvet to exercise or enforce any right or provision in this Agreement does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.