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604Republic.com affiliate terms & conditions
604Republic’s affiliates are very important to us. We make every effort to treat you with fairness and respect. We simply ask that you as the affiliate do the same when promoting our company. The following affiliate agreement has been designed to protect our company but also you, the affiliate.

If you have any questions, please don’t hesitate to contact us at: affiliates@604republic.com

AFFILIATE AGREEMENT

Please read the entire agreement.

This is a legal agreement between you, the affiliate and 604Republic Apparel Inc.

By completing and submitting this online application you are agreeing that you the affiliate have read and understand the terms and conditions of this agreement and that you agree to be legally responsible for every term and condition contained within this agreement.

1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in 604Republic’s Affiliate Program. The purpose of this agreement is to allow you the affiliate the ability to link between your website(s) and the 604Republic.com website for the purpose of referring of traffic and sales. Throughout this agreement “we”, “us”, and “our” refer to 604Republic.com & 604Republic Apparel Inc. and “you”, “your”, and “yours” refer to the affiliate.

2. Affiliate Obligations
To start the enrollment process, you will complete and submit this online application at the 604Republic.com server. The fact that we approve your application does not imply that we may not re-evaluate and revoke your application and status as a 604Republic.com affiliate at a later time. We may reject your application at our sole discretion. We may cancel your application or status as an active affiliate within our program if we determine that your website(s) is unsuitable for our program, including if it:

2.1.1 Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
2.1.4. Promotes illegal activities.
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes “604Republic” or variations or misspellings thereof in its domain name(s)
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or in an implied manner which resembles our website nor design your website in a manner which may lead customers or visitors to believe you are 604Republic.com, 604Republic Apparel Inc. or any other affiliated business.

As a member of our Affiliate Program, you will have access to your account page. Here you will be able to review your current and historical owed commissions, previously made payments, current and historical click-through data, download HTML code (that provides links to web pages within 604Republic.com), and banner creatives.

In order for us to properly and accurately track all guest visits from your website(s) to ours, you must use the HTML code and links that we provide for each banner, text link or other affiliate link we provide you with.

604Republic.com and 604Republic Apparel Inc. reserves the right, at any time to review your placement and approve the use of your links and require you to chance the placement or use to comply with the guidelines provided to you in this agreement.

3. 604Republic.com Rights and Obligations

We have the right to monitor your site(s) at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel you should make, or to make sure that your links to our website are appropriate and to notify you of any changes that we feel should be made. If you do not make the changes that we feel are necessary, we reserve the right to terminate your active status in 604Republic’s Affiliate Program.

604Republic reserves the right to terminate this Agreement and your active status in 604Republic’s Affiliate Program immediately and without notice to you should you commit fraud in your use of the 604Republic Affiliate Program or should you abuse this program in any way. If any such fraud or abuse is detected, 604Republic.com and 604Republic Apparel Inc shall not be liable to you for any commissions for such fraudulent sales, click-throughs or earned commissions.

This Agreement will begin upon completion of your application and will continue unless terminated hereunder.

Termination. Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

Modification.
We may change any of the terms and conditions in this Affiliate Agreement at any time at our sole discretion. In such event, you will be notified by email to the email you have registered with. Modifications may include but are not limited to: changes in payment procedures, commission levels and 604Republic’s Affiliate Program rules. If any change is unacceptable to you, your only option is to end this Agreement. Your continued participation in 604Republic’s Affiliate Program following the posting of the chance notice or new Agreement on our website will indicate your agreement to the changes.

Payment.
604Republic.com and 604Republic Apparel Inc. agree to issue payment either via Paypal or company cheque to you for you previous month’s confirmed and accrued commissions on shipped orders within 30 days of the last day of the month.

Adjustments.
On occasion, orders are returned, refunded, adjusted, at the sole discretion of 604Republic.com and 604Republic Apparel Inc. in the daily operations of our website. Any such changes to orders / sales referred by you the affiliate will automatically adjust your accrued and earned commissions.

Access to the Affiliate account
You will create a password so that you may enter 604Republic’s secure affiliate account interface. From our site you will be able to receive your reports that will describe our calculation of commissions to you.

Promotion Restrictions.
Any promotion that mentions 604Republic could be perceived by the public or pres as a joint effort. You should know that certain forms of advertising and promotion are always prohibited and upon discovery will result in immediate termination of this Agreement. Advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email, postings to non-commercial newsgroups or forums. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to your customers, readers to promote 604Republic so long as the recipient has agreed to receive such mailings and recipients have the option to remove themselves from future mailings. At all times you must clearly represent yourself and your website(s) as independent from 604Republic. if it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the 604Republic Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such prohibited advertising or solicitation.

Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as 604Republic.com, 604Republic, www.604Republic, www.604Republic.com and / or any misspellings or similar alterations of these, be it separately or in combination with other keywords - AND do not direct the traffic from such campaigns to their own website prior to re-directing it to ours using the provided Affiliate Program links, will be considered trademark violators and will be banned from our Affiliate Program.

Affiliate shall not transmit any so-called “interstitials”, “Parasiteware”, “Parasitic marketing”, “Shopping assistance application”, “Toolbar installations and / or Add-ons”, “Shopping wallets”, or “deceptive pop-ups and / or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited 604Republic’s website. (i.e. no page from our site or any 604Republic.com content or branding is visible on the end-user’s screen). As used herein a “Parasiteware” and “Parasitic Marketing” shall mean an application that a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; b) intercepts searches to redirect traffic through an installed software, thereby causing, pop-ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Bing, Yahoo, Overture and similar search or directory engines). c) set commission tracking cookies through loading of 604Republic’s in frames, hidden links and automatic pop ups that open 604Republic’s website d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application.

4. Grant of Licenses
We grant you a non-exclusive, non-transferable, revocable right to a) access our site through links solely in accordance with the terms of this Agreement b) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of 604Republic’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of 604Republic.com and the good will associated therewith will inure to the sole benefit of 604Republic.com and 604Republic Apparel Inc.

Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

5. Disclaimer
604Republic.com and 604Republic Apparel Inc. makes no express or implied representations or warranties regarding the 604Republic.com website, service or the products or services provided therein, any implied warranties of 604Republic.com ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.

6. Representations and Warranties

You represent that:

6.1 The Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms;

6.2 You have the full right, power and authority to enter into and be bound by the terms and conditions of this Affiliate Agreement, without the approval or consent of an other party;

6.3 You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

7. Limitations of Liability
We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipates profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall 604Republic.com’s cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.

8. Indemnification
You hereby agree to indemnify and hold harmless 604Republic.com and 604Republic Apparel Inc. and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgements, settlements, costs, and expenses (including reasonable attorney’s fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on a) any claim that our use of the affiliate trademark infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or c) any claim related to your site, including, without limitation, content therein not attributable to us.

9. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Affiliate Agreement which is marked “Confidential”, will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

10. Miscellaneous

10.1 You agree that you are independent entity, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and 604Republic.com and 604Republic Apparel Inc. 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 website(s) or otherwise, that reasonably would contradict anything in this section.

10.2 This Agreement shall be governed by and interpreted in accordance with the laws of the province of British Columbia without regard to the conflicts of laws and principles thereof.

10.3. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

10.4 This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

10.5. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
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