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Zoara Afilliates
Affiliate Program
join Zoara's affilate program

Welcome to Zoara's Affiliate Program!

  1. Introduction

    Zoara's Affiliate Program Agreement (the "Agreement") contains the terms and conditions of the Zoara's Affiliate Program (the "Affiliate Program").

    Defined terms in this Agreement include the following: (a) "you" or "your" shall mean you, the applicant applying to participate in the Affiliate Program, and upon our acceptance of your application, the Affiliate, (b) "we" or "us" or "our" shall mean Zoara, Inc. or and/or all persons or entities controlling, controlled by or under common control with Zoara, (c) "our Web Site" or "our Site" shall mean the Zoara's Web site currently located at www.zoara.com, (d) "your Web Site" shall mean the World Wide Web site from which you will link to our Web Site, (e) "Affiliate" shall mean a party accepted as a member of the Affiliate Program, (f) "User" shall mean a customer who is referred from your Web Site to our Web Site by clicking on the Link, (g) "Products" shall mean any merchandise offered for sale by us on our Web Site and does not include items offered for sale by third parties on our Web Site, (h) "Affiliate Site" shall mean an Affiliate Web Site that has been accepted as an Affiliate of Zoara and (i) "Link" or "Links" shall mean banner advertisements, buttons, data feeds, storefronts, widgets, search boxes, links or text links that will be provided by us to you which link your Web Site to the home page of our Web Site or other specific pages of our Web Site.

  2. Program Enrollment

    To begin the enrollment process in the Affiliate Program, you must complete Zoara's Online Application (the "Online Application") and accept the terms and conditions of this Agreement. Once you have accepted this Agreement by clicking the "ACCEPT" button at the bottom of the Online Application, we will review your completed Online Application in good faith and inform you two working days of whether or not you have been accepted as an Affiliate. We reserve the right to accept or reject Affiliates in our sole discretion. We may reject your application if we determine, in our sole discretion, that (a) you are under the age of 18; (b) your Online Application was registered by a "bot" or other automated methods; (c) your Web Site and/or your registration to the Affiliate Program do not comply with applicable laws; or (d) your Web Site is inappropriate or objectionable, in our sole discretion. Web sites that are objectionable or inappropriate include, without limitations, web sites that (i) are unavailable or under construction; (ii) are aesthetically unpleasing; (iii) contain hate/violent/sexually explicit/offensive content; (iv) promote excessive drinking and/or drug use; (v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (vi) are libelous, disparaging, or defamatory; (v) promotes violence or illegal activities; (vi) use Zoara variations or misspellings in its domain names; and/or (vii) Incorporates materials that infringe upon copyright trademark or other intellectual property rights. If we temporarily reject your application, you may not participate in the Affiliate Program, but you may reapply to be an Affiliate at any time. If we permanently reject your application, you may not reapply to the Affiliate Program. If your Web Site is accepted, you will be eligible to link Zoara's Links to your Web Site. We reserve the right in our sole discretion to reject Online Application, at any time, for any reason, even after we have communicated acceptance to you or may remove an Affiliate from the Affiliate Program at any time for any reason, with immediate effect and without any obligation to compensate you.

  3. Linking Requirements
    1. When you become an Affiliate Site in our Affiliate Program, we will provide you with Links that will allow Users entering your Web Site to be transported directly when they click on the Link to our Web Site. As an Affiliate, you may display these Links on your Web Site subject to the terms and conditions contained herein. All Links are subject to our approval and we will provide you with the information that you need to enable you to make appropriate Links to our Web Site from your Web Site. By accepting the terms of this Agreement, you agree that you shall cooperate fully with Zoara to maintain such Link or Links and to place the Link(s) on your Web Site.
      You further agree that (a) such Link or Links shall be displayed prominently throughout your Web Site as you see fit, (b) no Link or Links shall be modified, expanded or reduced in any way without our consent and (c) no Link or Links on your Web Site shall in any way modify the look, feel and/or functionality of our Web Site. We reserve the right to monitor your Web Site at any and at all times to make certain that you are in compliance with the terms and conditions of this Agreement, but in any case, we are not obligated to perform such monitoring and nothing herein imposes any obligation on us in connection with your Web Site. You shall be solely responsible for all content, links and activities conducted on your Web Site. We disclaim all liabilities related to such matters. You agree to indemnify Zoara and hold us harmless (as well as our employees, officers, agents, directors and affiliated entities) from all liability claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, activities, contents and links of your Web Site.

    2. You agree that you shall not: (a) place or use any Link of Zoara except with the intention of delivering valid sales, leads, clicks or other specified compensable actions; (b) inflate the number of applications, accounts, clicks or other specified compensable actions or any impressions of our Web Site, by any method or using any hidden frames, java pop ups, Web bot, robot, automatic redirecting of users, auto spawning of browsers, or any other technique or means of generating automated click-throughs, requiring visitors to click on the Link before entering any area of Your Web Site(s), by placing or including promotions or links on pages of your Web Site that automatically reload or go to another page without interaction from the user (for example, client pull or server push technology, METATAG reload, refresh command on page html, or cookie dropping) or on any page that is not generally accessible to all Web users (for example, pop-up windows and hidden frames).

    3. You will be solely responsible for the development, technical operation and maintenance of your Web Site and for all materials that appear on your Web Site. You shall be solely responsible for ensuring that materials posted on your Web Site do not violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, and ensuring that materials posted on your Web Site complies with any and all applicable laws. You must have express written consent to use another party's copyrighted or proprietary material.

    4. We disclaim all responsibility if you use another party's copyrighted or other proprietary material in violation of the law. Further, you will indemnify us and hold us harmless from all liability, claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operations, maintenance and contents of your Web Site.

    5. You hereby represent and warrant to us that this Agreement has been duly executed and validly approved by your authorized agent and that such Agreement has been validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms and that the execution, delivery and performance of this Agreement are within your legal capacity and power, have been duly authorized by all requisite action on your part, require the approval or consent of no other persons and neither violate nor constitute a default under the provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or the terms of any other agreement, document or instrument applicable to you or binding upon you.

    6. The use of unsolicited commercial e-mail ("spam") by Affiliates is absolutely prohibited. Your participation in the Affiliate Program constitutes your specific and unconditional agreement to abide this anti-spam policy. Proper e-mail solicitation, however, can be an important means of advertising your Web Site and your relationship with Zoara. The following rules represent best practices, which are permitted under this agreement: (i) you may use "opt-In" system (Opt-In systems are those where the user specifically requests to be placed on a mailing list.); (ii) You may generate your own opt-In list through forms on your Web Site, as long as you disclose that users will receive emails from you; (iii) Use of any lists, whether purchased or created, compiled by means of automated tools are not permitted. This includes, for example, lists developed by scanning UseNet, e-mail archives, or web pages for e-mail addresses, regardless of whether the scan was "targeted." You must use valid e-mail headers at all times; (iv) You must give the web address of the opt-in system used and tell the user receiving your mail that such e-mails can be stopped by visiting that opt-in site and indicate any further information as required by any applicable law; (v) If anyone contacts you and asks to be removed from your list you will do so within 24 hours and send an e-mail acknowledging the removal.

    Violation of these rules will result in the suspension or termination of your affiliate relationship with Zoara including the forfeiture of any Commissions from the date of the offending e-mailing.

  4. Order Processing

    All orders, customer service and fulfillment of such orders will be handled by and through Zoara. You may not take orders, perform customer service or deliver Products on our behalf. We will process orders from any Users directed by you through your Web Site, but we reserve the right to reject any orders that do not comply with any requirements that we may periodically impose or from any other reason. We and/or any party on our behalf will be responsible for all aspects of Product order processing and fulfillment, including order entry, payment processing, shipping, cancellations, returns and related customer service.

    Zoara will be responsible for tracking the number of Products sold to Users who are directed from your Web Site to our Web Site and will make available to you reports, summarizing the sales activity of such directed Users through our Website. The form, content and frequency of the reports may vary from time to time in our sole discretion. We are not responsible for ensuring that your Web Site contains proper Links and/or linking to our Web Site to ensure that accurate tracking, reporting and sales accrual can occur. You are responsible for making certain that the Links between your Web Site and our Web Site are formatted properly. We reserve the right to change the prices and the purchase terms of any or all of our Products at any time in our sole discretion without notice. We cannot ensure that if an order is placed that any Product will be available to the User or that a stated price for a Product will be accurate.

    We do not honor misquoted prices. All personal information regarding the User is the sole and exclusive property of Zoara and shall not be provided to you as is required pursuant to Zoara's privacy policy.