Internet Gift Shopping
If you have any specific questions regarding this agreement, please contact us at freesites@netgift.com. Thank you for your interest!

By submitting your Application to become a NetGift Affiliate, "you" (meaning the person or entity designated as the Affiliate in that Application) confirm that you have read and agree to be bound by all terms of this "Agreement" with Merimax, Inc and NetGift.com ("NetGift.com," "we" and "our") if we accept you for participation in our customer/order referral "Program" as described below. NetGift.com is owned and operated by Merimax, Inc.
1. Enrollment in the Program. You should not apply to participate in the Program if the web site you wish to link to www.netgiftecards.com or www.netgift.com ("Merimax, Inc's web sites") (i) promotes illegal activities, sexually explicit materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (ii) is not yet operational, or (iii) utilizes any type of forced download. To begin the enrollment process, you must submit a complete and accurate Application, found at http://www.netgift.com/signup.htm. NetGift has the right in its sole and absolute discretion to terminate your participation in the Program, for any reason.
2. Commissions. While you are enrolled in the Program, NetGift will pay you a "Commission" equal to 10% of Net Sales resulting from Qualifying Orders. "Qualifying Order" means a bone fide order that a purchaser submits via the shopping cart on the NetGift.com web site, in the session in which he or she is delivered by your Link (as described below). Our affiliate tracking system will place a cookie on the end-user's computer as he/she is delivered from your Link to the NetGift.com web site, to identify your web site as the delivering source when an order is placed in our shopping cart. The cookie will NEVER expire. If the end-user returns to the NetGift.com web site and places an order while your cookie remains active, the tracking software will treat this as a Qualifying Order. In cases where the end-user has multiple cookies, commission will be awarded based on the last cookie set. You will not receive a Commission if the end-user orders by telephone or fax. We reserve the right to change the technology we employ to calculate Commissions owed to you. "Net Sales" means the selling price of NetGift.com merchandise (not counting sales tax, shipping and service charges, or other separately itemized special charges, such as gift wrapping or insurance) specified in a Qualifying Order, less Deductions. "Payment Source" means the credit card issuer or other payment means designated by the purchaser in the Qualifying Order. Sometimes the Payment Source will refuse to approve a Qualifying Order for payment because an invalid card number has been given, the order price exceeds the purchaser's credit limit, or the order appears suspicious. Sometimes merchandise will be out of stock when a Qualifying Order is received, or will be manufactured to order, so shipment or approval by the Payment Source may be delayed, or an order may be canceled. In the case of stolen credit card numbers, the Payment Source that initially approved an order may reverse the charges when the actual card holder complains about a bill. "Deductions" means the selling price of NetGift.com merchandise that a customer returns within 90 days, that is not shipped due to cancellation by the customer or NetGift.com or disapproval by the Payment Source, or that the Payment Source charges back after shipment. Deductions also include such negative or positive amounts as are necessary to adjust for errors in the Qualifying Order, such as duplicate submission or inaccurate price, that NetGift.com's order processors or customer service personnel correct with customer consent or at the customer's request.
3. Payments and Reports. Commissions will be calculated daily, and paid to you by the end of the month after NetGift.com reconciles that month's accounts. However, if Commissions owed to you are small, payment may be deferred until the earlier of the payment cycle for (i) the month when Commissions we owe you aggregate at least $25 or (ii) the month when you cease to be an Affiliate. Transaction data will be posted to your account, after processing. You will have a password-protected account provided to you that you can access to obtain information concerning Commission credits and Deductions that have been posted to your account. Information on the Reporting Site will be in U.S. dollars, and your Commissions will be paid in U. S. dollars. All information available on the Reporting Site is NetGift.com's Confidential Information, protected by Section 11. If a Deduction is posted in a later monthly cycle than the Commission we paid you on the transaction, NetGift.com may take the Deduction as a credit against your subsequently earned Commissions. You should check your account at least monthly and promptly notify NetGift.com if you believe there are errors in the calculation of Commissions we owe you or Deductions that we have taken. You will waive the right to contest any underlying calculation 90 days after a payment is made to you. You acknowledge and agree that information reported to you will include order number and aggregate dollar amounts, but will not include any personally identifiable information about the end user that placed a Qualifying Order, or the specific merchandise or type of merchandise he/she ordered.
4. Advertisements and Links. NetGift.com will make available various graphic banners, one or more electronic advertisements for the NetGift.com web site or specific merchandise available from the NetGift.com web site, each containing text and/or graphics and a hyperlink that will deliver an end user to the home page or the appropriate category, product or special offer page of the NetGift.com web site when the end user clicks on the hyperlink (each such electronic file an "Advertisement" and its hyperlink a "Link"). NetGift.com is and will remain sole owner of the entire content of each Advertisement. NetGift.com will provide a Link Generation tool on the Reporting Site that will enable you to select and generate links for your site to Advertisement images served by our servers. NetGift.com grants you a non-exclusive, revocable and limited license while this agreement remains in effect, to display links to the Advertisements you select on the Affiliate web site, but only in the form in which NetGift.com provides them. Once a link to an Advertisement is generated by the Link Generation Tool, you may not alter its code in any way. We may dynamically update the Advertisements you select. We will periodically send e-mails or newsletters describing new Advertisements available for selection. If requested but at NetGift.com's sole discretion, we may work with you to develop and enable customized Advertisements tailored to special business needs of the Affiliate Site that will be served from our servers through links on the Affiliate Site. You may add to or delete from the Affiliate web site, links to any Advertisement at any time at your sole discretion, but you may not link to the NetGift.com web site through any code that NetGift.com has not authored or approved. All uses of NetGift.com trademarks that appear in any Advertisement will inure solely to the benefit of NetGift.com.
5. Your Obligations. You are solely responsible for development, operation, and maintenance of the Affiliate web site(s), for selecting, generating and displaying links to Advertisements on the Affiliate web site, and for all other content that appears on the Affiliate web site. You will operate the linkage from Links to the NetGift.com web site that will enable our tracking system to place cookie and other tracking code on the end user's computer to identify the Link as the source of traffic. You are responsible for monitoring and notifying NetGift.com of any malfunction of Links and of links from the Affiliate Site to Advertisements, or other problems with your participation in the Program. You acknowledge that you will not receive Commissions on Qualifying Orders if and while technical problems prevent the tracking system from tracking delivery of Qualifying Orders. You acknowledge that the software and other technology that NetGift.com uses to track Qualifying Orders and calculate Net Sales, is NetGift.com's confidential and proprietary technology, protected by Section 11 of this Agreement.
6. Restrictions. You are prohibited from engaging in any of the following types of activities (collectively, "Prohibited Activity") Any violation of prohibited activity will provide grounds for immediate termination of your enrollment in the NetGift.com affiliate program:

a. Absolutely prohibited.

b. Prohibited unless NetGift.com gives its prior written consent as to the specifics:

NetGift.com has the right, at its sole discretion, to monitor the Affiliate web site for compliance with this Agreement. If we determine, in our sole discretion that you have engaged in any Prohibited Activity, we may (without limiting any other rights or remedies available to us) withhold any Commissions otherwise payable to you and/or terminate this Agreement.
7. Order Fulfillment. NetGift.com shall be solely responsible for operating, maintaining and managing the content of the NetGift.com web site and its shopping cart, in the ordinary course of NetGift.com's business. Customers who purchase NetGift.com's merchandise through the Program will be deemed to be customers of NetGift.com. NetGift.com shall be solely responsible for all aspects of its relationship with such customers, including without limitation: (i) obtaining approval for orders from the Payment Source, (ii) accepting and processing Payment-Source-approved orders; (iii) fulfilling accepted orders; (iv) managing returns and cancellations; and (v) servicing customers. Affiliate shall not be deemed to be involved in any transaction of any kind between NetGift.com and its customers. As between the parties, NetGift.com shall be sole owner of all information that end-users submit to NetGift.com in Qualifying Orders.
8. Term. The "Term" of this Agreement begins if and when we notify you that we have accepted your application, and ends when either side e-mails notice of termination. Either side may terminate this Agreement at any time, for any reason. If NetGift.com believes you have breached an agreement term, it may (but is not required to) send you notice of the breach and the corrective action you must take to cure it. Upon termination of this agreement for any reason, (i) you will immediately remove from the Affiliate Site and any other site where they have been placed, all links to Advertisements and other content related to NetGift.com, (ii) we may revoke your access privileges to NetGift.com reporting, disable any Links from the Affiliate web site to the NetGift.com web site and any links from the Affiliate web site to Advertisements served by our servers, and (iii) Commission's will cease to accrue on Qualifying Orders. We will retain the right to charge back Deductions that are posted after the effective date of the termination, and may withhold final payment to you for a reasonable time to determine if Commissions owed to you exceed Deductions. Your obligation to cease all uses of Advertisements, Links and NetGift.com's name and trademarks upon termination, will survive that termination and entitle NetGift.com to obtain an injunction against continued violation. Sections 3, 6, 7, 10, 11 and 12 will also survive termination.
9. Modification. We may modify any provisions of this Agreement (including those related to the amount of the Commission, the duration of cookies, the frequency of payment, and the minimum payment amount) at any time, and in our sole discretion, by posting a change notice or a new agreement on the NetGift.com web site and sending you an e-mail notice that this has been done. The modification will be effective as of the date stated in the e-mail notice (which will be at least 5 days after the notice is sent), unless in the interim you exercise your right to terminate this Agreement.
10. Disclaimers and Limitations on Liability
10.1 EXCEPT AS EXPRESSLY STATED, NETGIFT.COM MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, REGARDING THIS AGREEMENT, THE PROGRAM, REVENUES YOU WILL RECEIVE FROM PARTICIPATION IN THE PROGRAM, PRODUCTS SOLD THROUGH THE PROGRAM, (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). WITHOUT LIMITING THE FOREGOING, NETGIFT.COM SPECIFICALLY DISCLAIMS ANY WARRANTY (I) THAT THE NETGIFT.COM TRACKING SYSTEM OR USE OF THE SOFTWARE, HARDWARE OR WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (II) THAT OPERATION OF NETGIFT.COM'S WEB SITE OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; (III) THAT DEFECTS IN NETGIFT.COM'S SOFTWARE WILL BE CORRECTED; (IV) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS IN NETGIFT.COM'S SOFTWARE OR DATA TRANSMISSIONS; (V) THAT THE SECURITY METHODS USED IN PROVIDING SERVICES WILL BE SUFFICIENT, OR (VI) REGARDING CORRECTNESS, ACCURACY OR RELIABLITY OF SOFTWARE, HARDWARE, INTERNET CONNECTIONS, OR DATA OF NETGIFT.COM.
10.2 IT IS EXPRESSLY AGREED THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN THE EVENT OF ANY CLAIM, BREACH OR PURPORTED BREACH OF THIS AGREEMENT BY NETGIFT.COM, THE REMEDY SHALL BE LIMITED TO EQUITABLE REMEDIES AND AN ACTION AT LAW FOR MONEY DAMAGES. NETGIFT.COM WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA ARISING UNDER THIS AGREEMENT OR THE PROGRAM, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF NETGIFT.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NETGIFT.COM'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT. YOU HEREBY WAIVE ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY.
10.3 NetGift.com shall not be liable to you for any delay or default hereunder to the extent due to any cause beyond its reasonable control. A "cause beyond the reasonable control" includes any act of God, act of any government authority, act of terrorism, labor dispute, fire, explosion, accident, power failure, epidemic, quarantine restrictions, flood, riot or declared or undeclared war, data loss due to hardware or software failure, and unusually severe weather conditions.
10.4 The disclaimers of warranties and limitations on damages stated in this Article 10 are an essential element of the benefit of the bargain reflected in this agreement.
11. Confidentiality. In connection with the business relationship contemplated by this Agreement, you may receive or have access to commercially valuable technical and non-technical confidential or proprietary information ("Confidential Information") of NetGift.com. For convenience, the disclosing party is referred to as the "Discloser." Confidential Information includes all information, whether oral or written, relating to the business or technology of the Discloser that is not generally known or available to others, including, without limitation, source code and documentation for software, trade secrets, pricing strategies, marketing and business plans, information submitted in Qualifying Orders and Commission reports, and the Discloser's contemplated plans, strategies and prospects. However, Confidential Information shall not include, or as the case may be, shall cease to include information that: (i) is now or subsequently becomes generally available to the public through no fault or breach on the part of Affiliate; (ii) Affiliate can demonstrate it had rightfully in its possession prior to disclosure by Discloser; (iii) is independently developed by Affiliate without the use of any Confidential Information of a Discloser; or (iv) Affiliate rightfully obtains from a third party who has the right to transfer or disclose it. Affiliate acknowledges and agrees that any Confidential Information received or obtained from a Discloser will be and remain the sole and exclusive property of the Discloser and may not be used, disseminated or disclosed except as may be necessary to perform the obligations required under this Agreement or as may be required by law. You agree to protect Confidential Information with substantially the same degree of care as that used to protect your own most confidential information.
12. Representations. You represent and warrant that (i) Advertisements selected by you will be displayed in accordance with this Agreement and in a professional and tasteful manner, (ii) you will at all times comply with all laws and regulations applicable to the Affiliate web site and your performance under this Agreement, (iii) at all times, content appearing on the Affiliate web site will not violate or infringe upon the rights of any third party, or be libelous or illegal, (iv) all information submitted in your application to participate in the Program is true and not misleading in any respect, (v) you have not been terminated from any third party's similar program for engaging in activity of a type prohibited by Section 6 of this Agreement, and (vi) you have full authority to submit your offer to enter into this Agreement, and to bind Affiliate to Agreement terms if NetGift.com accepts the offer.
13. Miscellaneous.
13.1 The relationships created by this Agreement are nonexclusive, and each party remains free to enter into similar arrangements with third parties. NetGift.com shall have no obligation to cross promote the Affiliate web site. No party will be considered as, or hold itself out to be, an agent of the other, and no party may act for or bind the other party in any dealings with a third party; rather, the parties are independent contractors.
13.2 You may not assign this Agreement without NetGift.com's prior written consent. This Agreement will benefit and bind the parties and their respective successors and assigns. 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. This Agreement contains a complete statement of all arrangements between the parties relating to its subject matter, and supersedes all existing agreements between them on that subject matter. This agreement may not be changed orally. The failure of NetGift.com to insist upon strict adherence to any term of this Agreement on any occasion will not be construed as a waiver or deprive it of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This agreement will be governed by and construed in accordance with the internal substantive laws of the State of Florida. It is made in Florida, and you agree that courts sitting in Brevard County, Florida will have sole jurisdiction over any disputes that arise under it. You consent to service of process by mail, and waive any objection that the agreed forum is inconvenient.
13.3 You agree to indemnify NetGift.com against all loss, cost and expense that results from your willful breach of this Agreement or any warranty or representation stated herein. This indemnification obligation includes, without limitation, repaying Commissions and reimbursing NetGift.com's shipping expenses on fraudulent orders for which you are responsible. You agree to reimburse NetGift.com for all costs and expenses, including reasonable hourly fees for time spent by our attorneys and outside counsel to enforce our rights under this Agreement. Remedies stated in this agreement are cumulative, and not exclusive.
13.4 Notices required by this Agreement shall be in writing delivered by e-mail, and be effective upon delivery. When notice is owed to you, we will send it to the e-mail address specified in your Application, or of which you have then most recently notified us. You will address required e-mail notices and consent requests to NetGift.com at freesites@netgift.com.
13.5 Your offer to enter into an agreement with NetGift.com on the terms stated herein, as indicated by submitting your application, and notices given pursuant to this agreement by digital signature, constitute a "signature" as interpreted under the Florida Commercial Code, and if we accept your application, this Agreement will be binding on all parties.
If you propose different terms for a business relationship, please email NetGift.com at freesites@netgift.com.