Affiliate Service Agreement

Affiliates agree to accept the terms and conditions of the affiliate agreement as an affiliate in the X10.com Affiliate Program. X10.com reserves the right to change our affiliate policies, affiliate agreements, or affiliate commission structure at any time. Failure to follow the direction of the following conditions could be cause for termination of your affiliate relationship with X10.com as an affiliate. If all terms are acceptable by you please sign up below to become one of our affiliates.

APPROVAL AND AUTHORITY

X10.com reserves the right to reject any web site if we determine, in our sole discretion and following our review of your site, that your site is unsuitable for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable, or that includes or promotes sexually explicit materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. X10.com has the right in its sole and absolute discretion to reject your application, or to terminate your participation in the Program, for any reason.

QUALIFYING ORDERS

Qualifying Orders are defined as a commissionable order of X10 products including: X10, Powerhouse and ActiveHome.

Orders are NOT eligible for commission if the:
1) order is fraudulent
2) credit card used is declined for any reason
3) product is returned
4) order appears to be purchased by the affiliate or direct family member or friend (self-purchase) for purpose of receiving a discount
5) tracking code has been improperly entered
6) affiliate account has been deactivated for any reason.

PAYMENTS AND REPORTS

When you sign up with the X10.com Commission Junction Affiliate Program, you will have access via username and password to sales and traffic reports 24 hours a day via your Commission Junction account login.

All Affiliate payments will be sent via check to the specified payee on the affiliate account. Checks are mailed once per month by Commission Junction for “Qualifying Orders” and only if the affiliate has earned $25.00 or more in commissions. Commissions checks may be mailed up to 60 days after the sale was made.

Additional bonuses and bounties awarded by X10.com will be paid to you through Commission Junction on an ‘as-determined’ basis by the affiliate program director. X10.com reserves the right to change, enhance, or modify the terms of our commission structure and this agreement at any time. By accepting this agreement and by signing up as an X10 affiliate you agree to pay all taxes and other taxable appropriation on the money you make as an affiliate and understand that X10.com will report sales commissions to appropriate authorities for taxable purposes. You also understand that you are not an employee of X10.com nor a spokesperson or representative for the company. You agree that as an affiliate you are responsible for the marketing and maintenance of your own website or other materials.

COMMISSION STRUCTURE

Tier 1 Publishers (Up to $5000 in sales) will be paid 30% commission on all “Qualifying Orders” of X10 products sold through your site.
Tier 2 Publishers (Over $5000 in sales) will be paid 40% commission on all qualifying orders of X10 products sold through your site.

COOKIES

The X10.com tracking cookie will be set with a 30 duration. Sales made on X10.com to customers who were originally referred to X10.com through a working affiliate link within 30 days of the sale will be credited to the original referring affiliate providing the order remains in “Qualifying” status.

ADVERTISEMENT AND LINKS

All media creative including your affiliate tracking identification number will be generated through Commission Junction at www.cj.com. Instructions can be found at www.cj.com. If after visiting the online resources you still need assistance in setting up your links or accessing our media please contact us at affiliates@x10.com.

YOUR OBLIGATIONS

You are solely responsible for development, operation, and maintenance of the Affiliate web site(s) emails, 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 must receive approval directly from X10.com's affiliate marketing manager to use www.X10.com , X10, or any variation of the X10 trademarked name thereof within any Google or Overture display URL or ad copy or any other network or other contextual ad marketing.

Observe strict adherence to the following PPC (Pay Per Click) rules:

You must not out-bid or out-position X10 ads within the PPC channel for any keyword in any search engine. Further, PPC 'jamming' of X10 is strictly prohibited. Bids must be kept below X10.com bids.

Affiliates who violate PPC rules will face immediate suspension of commission payments for a term of which is at our sole discretion to correct the offending actions of the affiliate. We reserve the right to temporarily or permanently terminate any affiliate for continued offenses.

CAUSE FOR TERMINATION

Possible Cause for Termination and/or withholding of commissions can occur if the affiliate(s) are not in compliance with these or any other rules as set forth now or in the future. If the affiliate:

• Uses X10, or any variation of the X10 trademarked name thereof within any Google or Overture display URL or ad copy or within any other network or other contextual ad marketing without receiving approval directly from X10.com’s affiliate manager.
• Out-bids or out-positions the X10 ads within the PPC channel for any keyword in any search engine.
• Does not maintain PPC bids below X10.com’s PPC bids. PPC 'jamming' of X10 is strictly prohibited. Bids must be kept below X10.com bids at all times.
• Direct-linking of your search engine advertisement to X10.com, X10 servers, or any site operated by X10 Wireless.
• Uses any form or method of selling (ie, dropshipping, eBay, Craigs List) whereas the paying customer does not directly place their order(s) or customer information into the shopping cart of any X10 website.
• Operates or utilizes a Web site(s) or email link(s) to Web site(s) that contain or promote any of these types of content: libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal good or service, or link to a Web site(s) that do so.
• Engages in cyber-squatting or typo-squatting.
• Offers rebates, gift certificates, points or other rewards to end-users who submit orders through X10.com links without permission from X10.com.
• Submits or encourages others to submit orders to X10.com in bad faith, such as (but not limited to) placing orders with intent to return the merchandise to X10.com after X10.com has paid a commission on the order.
• Attempts to receive commission on self-purchase(s) or disounts for family members.
• Accesses or attempts to access an area of the Commission Junction / X10.com web site for which access is not authorized.
• Makes any representations regarding the relationship of Commission Junction with X10.com or you.
• Uses any trademark of Commission Junction without its prior written consent as to the specifics from Commission Junction.
• Takes any action that could reasonably cause any customer confusion as to X10.com's relationship with the affiliate, or as to the site on which any functions or transactions (such as search, order, and browse) are occurring.
• Does not adhere to current SPAM-ACT compliancy laws in e-mails. For current regulations please visit http://www.ftc.gov/spam/
• Defames or slanders X10.com’s name, image, and products or makes any other defamatory statement either electronically, in print, web or media.
• Employs any technology to read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials that we serve to customers who click through links to the X10.com web site.
• Alters the content of any Advertisement that X10.com provides, or creates their own advertisements with links to the X10.com web site.
• In any way modifies, redirects, suppresses, or substitutes the operation of any button, link, or other interactive feature to the X10.com web site from their affiliate site.
• Posts or serves any advertisements or promotional content around or in conjunction with the display of pages of the X10.com web site or X10.com-branded pages of third party web sites (such as through framing technology or pop-ups).
• Displays any content of the X10.com web site or other proprietary X10.com content except advertisements provided by X10.
• Issues any press release, announcement, or promotional material that uses X10.com's name or trademarks without X10’s direct approval upon issuance of an exact copy of media to be used.
• Uses “X10.com Official Site” text in <Title> or other Meta tags within any of the pages on your website or within any statement of your e-mail or any code thereof, including PPC ad copy.
• Makes any warranty or representation concerning X10.com's products or services except those expressly stated by X10.com in advertisements and on the X10.com web site.
• Does not maintain an operable website in good standing within the WWW community nor maintain updated creative.
• Does not respond to our affiliate emails in a timely fashion, as new updates to creative will be sent regularly.

YOU AGREE

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 X10.com, the remedy shall be limited to equitable remedies and an action at law for money damages.

Except as expressly stated, X10.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, no infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).

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