This Agreement contains the complete terms and conditions that apply to your participation as a member of the Don Rosario Cigars Affiliate Program.
Enrollment in this Program
To begin the enrollment process, you must:
- By requesting admittance you agree to be bound by the Affiliate Terms of Service set forth in this document, so please read it carefully and completely before proceeding.
- If you already have a customer account at DonRosarioCigars.com, request admittance to the Affiliate Program by clicking on the Become an Affiliate button under the My Account menu item
If you don't yet have a customer account, submit the Affiliate Registration Form available here or in the footer of our site (it will also create a customer account for you).
- Your account will then be pending administrator approval.
- You'll need to provide rosario [@] DonRosarioCigars.com a valid Paypal account email address, and a completed W9 form (download here) or a W8 form (download here) (if you 're a foreign person), before being eligible to be approved to receive any commissions.
- Puerto Rico Affiliates may be subject to Tax Withholding, and will receive a 1099 form from us, each year.
- When approved, you will have access to the Affiliate Dashboard under My Account
- You will be issued an Affiliate Token like this: https://donrosariocigars.com/?ref=[your_token_number]You can then use this link for your promotional efforts.
We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine in our sole discretion that you or your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement, or if your site is or promotes a business-opportunity program (collectively, "Content Restrictions").
Your Affiliate Token, link and cookie
Your Affiliate Link works when a user is directed to our site. If the user registers, he/she will be related to your Affiliate Token for as long as the account exists, and we will honor any commissions from initial and subsequent sales, even if the customer logs in directly to DonRosarioCigars.com without using your Affiliate Link.
- Please login before using share buttons provided by Don Rosario Cigars, your Affiliate Link will be inserted on the URL.
Upon getting to DonRosarioCigars.com the system will also attempt store a cookie on the visitor's browser with your Affiliate Token. The cookie never expires.
- Keep in mind that it may be rejected or deleted by the user, depending on his browser settings.
- Please understand that a user may click on your Affiliate Link, and not be credited to you as an affiliate, if they already registered with DonRosarioCigars.com, or if they have an active cookie with the Affiliate Token of another affiliate that got their attention first.
- Puerto Rico Affiliates may be subject to Tax Withholding, and will receive a 1099 form from us, each year.
- If a user becomes an affiliate, no commissions will be paid to original referring affiliate on subsequent orders.
Utilizing Links on Your Site
As an affiliate website of Don Rosario Cigars, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you here-under. Allowable promotional links may contain Don Rosario Cigars' trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by Don Rosario Cigars. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
We will pay you a 10% commission based on the proceeds of each sale related to your Affiliate Token, excluding taxes, and shipping charges.
No commissions will be paid on your own purchases.
Incentivized commissions, and offering any form of incentive to obtain a sale is forbidden, unless prior approval is given and cleared by Don Rosario Cigars' Staff. To inquire on whether your incentive is acceptable, please e-mail rosario [@] donrosariocigars [dot] com
The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice.
Commissions deemed due and owed to you under the program will be paid to you directly by DonRosarioCigars.com after any holding period and in accordance with a regular payout cycle established by us. We reserve the right to only pay for referrals that are active. Active is defined by active affiliate link, unexpired browser cookie, or client already associated to your affiliate id. Commissions can be earned per each new sale through the unique affiliate link or cookie. An existing customer, defined by any client who has had an existing account with us at anytime in the past, would not be eligible for a commission with the program. We reserve the right to cancel any of your affiliate coupons, even if you are currently using the coupon. All coupons created internally for DonRosarioCigars.com promotions are ineligible for affiliate commission.
PayPal payments will only be re-issued within 120 days of the original issue date in the case of incorrect PayPal address or refusal from PayPal to accept payment.
Responsibility for Your Site
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law.
Please note: You should obtain legal advice on how to fully comply with these responsibilities in your specific situation.
In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
- Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of DonRosarioCigars.com or state law;
- Provide inaccurate or incomplete information to DonRosarioCigars.com concerning your identity, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions of our sites or your sites;
- Engage in popup advertisement network activities;
- IFrames may not be used unless given express permission by DonRosarioCigars.com, sales made through hidden IFrames or Cookie Stuffing methods will be considered invalid
Paid Search Policy
You are required to comply with the following rules when bidding on keywords on any paid search engines or social media site, including without limitation, Google, Yahoo/Bing, Twitter and Facebook:
You are prohibited from bidding on any Don Rosario Cigars trademarks, or any variations and misspellings thereof without our prior written approval. Examples of prohibited keywords are "don rosario," "don rosario cigar", "DonRosarioCigars.com," "www.Don RosarioCigars.com," "Don Rosario Premium Cigars", "Don Rosario Cigar reviews", "the cigar for puerto rico", etc.
You are prohibited from bidding on keywords containing Don Rosario Cigars trademarks plus an additional term such as [don rosario coupons], [don rosario promotions], and [don rosario promos] Further, Affiliates are NOT permitted to broad or phrase match any of these keywords.
You are prohibited from outranking Don Rosario Cigars' internal paid search ad on any keywords.
You are prohibited from direct linking to DonRosarioCigars.com from any paid search ads.
You are prohibited from using DonRosarioCigars.com as a display URL.
All materials, including without limitation, ad copy, coupons, and promotions on your Affiliate Site must accurately represent active and valid promotions. For example, you may not display an ad on your Affiliate Site for a promotion that has expired. We continue to monitor all paid search landscapes. If you are determined to be in violation of this section your participation in the program may be terminated. For more information on match types, please visit Google's overview of match types.
Minimum Payment Threshold
Affiliates must earn a minimum affiliate account balance of $100 or more before their account is eligible for payment. Commission amounts earned for less than $100 (for example, 1 sale for $50) will remain pending until the full $100 minimum balance has been earned. All sales still pending due to the minimum payment threshold must remain active and in good standing according to our TOS requirements in order to be eligible for payment. Sales that are found not to be valid according to our TOS requirements at the time of the additional sale and earnings will be marked as invalid and not payable. Therefore there will be the requirement that 2 sales, or $100 in minimum earnings be valid according to our sale requirements listed in our TOS in order for payment to be sent.
There is a $100 minimum threshold for Commission Fees. If you do not meet the minimum threshold of $100 within 180 days after the end of the month in which a Qualified Purchase was properly completed, commission payments will be forfeited and your commission balance may revert to $0.
Tax Forms and Address Changes
Taxes/Address Changes: It is your responsibility to provide us with the tax and payment information required to issue a Commission Fee to You. If we do not receive the necessary tax or payment information within 120 days of a Commission Fee being earned, we will consider that Commission Fee to be forfeited by the Affiliate, and no payment will be issued. Each Affiliate is required to submit a W8/W9 tax form before we will issue any Commission Fees. You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. In compliance with tax laws, we will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with proper address, tax forms (including W8/W9 or other tax forms) or information within two (2) days of any request issued by us, to issue a Form 1099. Any address changes must be made in the Affiliate profile in the Affiliate Console at least 15 business days prior to the end of the calendar month in order for Commissions for that month to be sent to the revised address.
Term of the Agreements
The term of this Agreement will begin upon our acceptance of your Affiliate 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 notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
Relationship of Parties
You and Don Rosario Cigars 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. You are not an agent of the Don Rosario Cigars and Don Rosario Cigars expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
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 Affiliate 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 Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or any Don Rosario Cigars' services or other items 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.
Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and 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 by you 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 (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Don Rosario Cigars with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to Don Rosario Cigars, customer and vendor lists relating to Don Rosario Cigars and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered here-under, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
You hereby agree to indemnify, defend and hold harmless Don Rosario Cigars officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the Commonwealth of Puerto Rico, without reference to rules governing choice of laws. Don Rosario Cigars reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high charge-back/cancellation ratio. Don Rosario Cigars will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple Don Rosario Cigars affiliate accounts spanning multiple affiliate networks are strictly prohibited. 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.
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against Don Rosario Cigars or its subsidiaries in conjunction with this program. An arbitration firm selected by Don Rosario Cigars will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.