Terms & Conditions

This Affiliate Agreement ("Agreement") contains the terms and conditions between us, KidsWearhouse.net which owns and operates (“KidsWearhouse.net") located at 1117 East 15^th Street; Scottsbluff, NE 69361 and you, regarding your application and participation as an affiliate of KidsWearhouse.net ("Affiliate"), and the establishment of links from your Web site to our Web site at "KidsWearhouse.net"

Please read these terms and conditions carefully as they constitute a legal agreement between you and our company upon your acceptance into our affiliate program. By applying to and being accepted into our affiliate program, you agree to be bound by all of the terms and conditions set forth in this agreement relative to your participation in the affiliate program.

Affiliate Program Enrollment: To become a participant in KidsWearhouse.net’s Affiliate Program, you will have to submit a complete Affiliate Program Application. We will evaluate your application and notify you of your acceptance. We may reject your application if we determine, in our sole discretion, that your Web site is not suitable for the Affiliate Program 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, which by way of example only, contains (i) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) graphic violence (which may include certain types of game sites), or (iv) any unlawful behavior or conduct. If we reject your application, you are welcome to reapply to the Affiliate Program at any time, provided, you alter your Web site to delete all offending content.

Setting Up Links: We will make available to you, banner advertisements and text links to our Web site ("Links"). In using the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. All Affiliate Web sites shall display such graphic images prominently throughout your Web sites as you see fit and with our consent. A Link may modified and/or expanded with our consent. We have the right, in our sole discretion, to monitor your Web site at any time and from time to time to determine if you are acting in compliance with the terms of this Agreement.

Order Processing: We will process orders placed by customers who follow the Links from your web site to the KidsWearhouse.net’s web site. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements, which we may establish from time to time. All aspects of order processing and fulfillment, including order entry, customer service, cancellations, returns, and payment processing will be our responsibility. We will track the amount of sales generated by your Web site and will make this information available to you through our tracking website. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your Web site and our Web site are properly formatted. You are responsible to inform KidsWearhouse.net of any suspected problems in the tracking code immediately.

Commissions: We will pay you a commission equal to ten (10%) percent (after deduction of store returns/chargeback’s and shipping cost) for all new customer purchases, utilizing the Links between your Web site and ours, for products which we deliver to such customer and for which we have received full payment. A commission will only be paid if the customer is tracked as originating from your Link from the time of the Link to the time of the sale.

For a sale to generate a commission, the customer must follow the Link for your Web site to our Web site, purchase the items in question using our online ordering system, accept delivery of the items at the shipping destination, and remit full payment to us. However, no commission will be paid for orders that are refunded, not paid for, undeliverable or payment for which is credited to any customer.

KidsWearhouse.net shall set the price of any products at it's sole discretion.

Products referred to in this agreement, refer to individual inventory items available directly through KidsWearhouse.net. No commission is due or payable on the sale of any other products, including but not limited to advertising subscriptions, supplies offered by or sold by KidsWearhouse.net or any other partners, affiliates, advertisers or sponsors.

Payments: We will pay your commission on a monthly basis. Within approximately 30 days following the end of each month, we will send you a check or payment via Paypal.com for the commission earned on the products shipped during the preceding month. If the commission payable to you for any month is less than twenty-five ($25.00) U.S. dollars, we will hold those commissions until such time as your commission earned equals at least twenty-five ($25.00) U.S. dollars. When the customer refunds a product sale that generated commission, we will deduct the corresponding commission from your monthly payment. We reserve the right to remit payments to you electronically, in our sole discretion.

Fraud: KidsWearhouse.net also retains the right to review all commissions for possible fraud. Any incidence of fraud constitutes a breach of this Agreement, and KidsWearhouse.net retains full authority to terminate this Agreement immediately.

Non-Exclusive: This is a non-exclusive agreement as to KidsWearhouse.net and Affiliate. Both parties may enter into similar agreements with other parties.

Termination: Either Party This may terminate this agreement with 30 days written notice to the other party. The agreement can be terminated sooner by KidsWearhouse.net in the event of any breach by Affiliate.

Governing Law: This Agreement shall be subject to and construed according to the laws of the State of Nebraska. Any suit to enforce any provision of this agreement must be filed in the city of Scottsbluff.

Validity: In the event that any one or more of the provisions of this Agreement for any reason shall be held to be invalid, such invalidity shall not affect any other provision of this Agreement.

Interruption of Service: Although KidsWearhouse.net will try to keep the service operational at all times, a certain amount of downtime and interruption of service is always possible and inevitable. KidsWearhouse.net is not responsible for any interruption of the service and Affiliate agrees not to hold KidsWearhouse.net liable for any consequences of interruption of any service.

Entire Agreement: This Agreement contains the entire agreement of the parties and no oral statements or prior agreements shall have any force and effect. KidsWearhouse.net may modify the terms of this agreement in writing by giving 10 days written notice to Affiliate.

Kids Wearhouse offers the best value in Kids Clothes featuring infant layette, baby clothes, toddler outfits, boys clothes and girls clothes in all sizes from preemie to tween clothes including preemie, 0-3 months, 3-6months, 6‐9 months, 3 months, 6 months, 9 months, 12 months, 18 months, 24 months, 2T, 3T, 4T, 5, 6, 6x, 7, 8, 10, 12, 14, 16, 7/8, 10/12, 14/16

Quality Children's Apparel Streamers LLC

829 Phillips Rd Suite B-103, Victor NY 14564 • Phone: Toll-free 888-652-0205 (585-672-1316 outside US & Canada) • sale@kidswearhouse.net

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