Affiliate Agreement - iStudyHebrew.com

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

  1. Enrollment in the Program:
    To begin the enrollment process, you will submit a complete Program
    application via our site. We will automatically generate an account for
    you, so that you can start earning money immediately. We will
    evaluate your application in good faith and will notify you if we feel we
    need terminate the program with you or your site. We may terminate
    your account if we determine (in our sole discretion) that your site is
    unsuitable for the Program.
    Unsuitable sites include, but are not limited to, sites that:
    • promote sexually explicit materials
    • promote violence
    • promote discrimination based on race, sex, religion,
      nationality, disability, sexual orientation, or age
    • promote illegal activities violate intellectual property rights
  2. Linking to Our Site: You will provide a special link from your site to the
    iStudyHebrew.com website. You may link to any page within our site
    that you desire. If your site discusses a particular book, category or
    author, you may link directly to the relevant pages. You will receive
    your percentage of the sale regardless of which page you link to, as
    long as your link is generated properly.
  3. Order Processing:
    We will process orders placed by customers who follow special link
    from your site to the iStudyHebrew.com on-line catalog. 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 items using special links from your site to our
    website. To permit accurate tracking, reporting, and fee accrual,
    you must ensure that the special links between your site and our site are
    properly formatted.
  4. Affiliate Fees: We will pay you Affiliate fees on products sales to third parties. For a
    sale to generate a Affiliate fee, the customer must follow a special link
    from your site to our online catalog, purchase products using our online
    automated ordering system (to the exclusion of phone or mail
    orders), accept delivery of the product at the shipping destination, and
    remit full payment to us. We will pay Affiliate fees on all items that are
    added to a customer's Shopping Cart as long as they followed your
    special link from your site to our catalog and they are shipped and
    retained by the customer. The Program is intended for commercial use
    only, and you may not purchase books through the Program for your
    own use. Such purchases may result (in our sole discretion) in the
    withholding of Affiliate fees or the termination of this Agreement.
  5. Commission Schedule: You will earn Affiliate fees based on the sale price of qualifying
    products, according to fee schedules to be established by us. Sale
    price means the actual sale price after the online discount that appears
    on the iStudyHebrew.com website and excludes costs for shipping,
    handling, gift wrapping, and taxes. The current fee schedule is: as
    described at the Affiliate system page in the Affiliate Program Payment
    Terms section.
  6. Commission Payment: We will pay you Affiliate fees on a monthly basis. Approximately 30
    days following the end of each calendar quarter, we will send you a
    check for the Affiliate fees earned on products that were shipped
    during that month, less any taxes that we are required by law to
    withhold. However, if the fees payable to you for any calendar month
    are less than $20.00, we will hold those fees until the total amount
    due is at least $20.00 or (if earlier) until this Agreement is terminated.
    If a product that generated a Affiliate fee is returned by the customer,
    we will deduct the corresponding fee from your next quarterly
    payment. If there is no subsequent payment, we will send you a bill
    for the fee.
  7. Policies and Pricing: Customers who buy products through this Program will be deemed to
    be customers of iStudyHebrew.com. Accordingly, all
    iStudyHebrew.com rules, policies, and operating procedures
    concerning customer orders, customer service, and 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. Prices and availability may vary from time to
    time. Because price changes may affect products that you may refer to
    on your site, you should not include price information on your site for
    these products.
  8. Terms of the Agreements: 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 Affiliate fees on sales 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.
  9. 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 Affiliate 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.
  10. 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.
  11. 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 Affiliate fees paid or payable to you under to this Agreement.
  12. 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.
  13. 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 AFFILIATES 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.
  14. Miscellaneous: This Agreement will be governed by the laws of Israel, without
    reference to rules governing choice of laws. Any action relating to this
    Agreement must be brought in the state courts located in Tel-Aviv,
    Israel and you irrevocably consent to the jurisdiction of such courts.
    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 enforceable
    against the parties and their respective successors and assigns. 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. back
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