TERMS

UBERBARTOOLS™/SYNERGY MERCHANDISING PTY.LTD. AFFILIATE TERMS & CONDITIONS

Please read these terms and conditions carefully as they constitute a legal agreement between you and ÜberBarTools™/Synergy Merchandising Pty. Ltd. 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.

ENROLLING AS AN AFFILIATE

To become a participant in the ÜberBarTools™/Synergy Merchandising Pty. Ltd. Affiliate Program, you will have to submit a complete Affiliate Program Application via our Web site. 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 or Blog 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 or Blog to delete all offending content.

LINKING TO OUR SITE

After you have enrolled as an affiliate, you can provide one or more links from your site to our site. We will provide you with special link formats designed for tracking and reporting for all links between your site and our site. You will be solely responsible for properly utilizing the link formats. We do not accept any responsibility for the incorrect use of the special links / link formats and therefore we shall not be accountable for any loss of fees as a result of your errors.

COMMISSIONS

Subject to the terms and conditions of this Agreement, you will be paid a 10% commission for each customer referred from your site through the ÜberbarTools™ Affiliate link on your site who successfully purchases and pays for ÜberBarTools™/Synergy Merchandising Pty. Ltd. products using a credit card or PayPal. If it is later found that the customer's purchase was refunded, we retain the right to withhold any payments to you resulting from that individual's purchases. The affiliate scheme relies on cookies to track customers. If for whatever reason, the customer isn't using cookies, or the cookie expires or the customer deletes the cookie, they cannot be tracked and you will not earn commission for any sales that customer may make. Our cookies are set to expire after 90 days. If at any time the commissions owed to you become less than the total deductions due to refunds as mentioned above the difference shall be immediately payable to ÜberBarTools™/Synergy Merchandising Pty. Ltd.

Commission may not be paid to an affiliate if the details we hold for that affiliate are not accurate. It is the affiliate's responsibility to make sure that ÜberBarTools™/Synergy Merchandising Pty. Ltd. is notified of any change in their details such as email or postal address. We also reserve the right to cancel commission payments if we believe that there has been any fraudulent attempt to use the service.

COMISSION SCHEDULE

You will earn an affiliate referral fee of 10 percent (10%) which is payable to you at the end of each 3 month financial quarter. This payment will only be made once your commission has reached a minimum of US$ 50.00 or after 2 payment quarters if this minimum amount has not been reached, paid directly into your nominated bank account.

LIMITED LICENSE

ÜberBarTools™/Synergy Merchandising Pty. Ltd. grant you a non-exclusive, non-transferable, non sub-licensable, revocable right to use our logos and text for which we grant express permission, solely for the purpose of identifying your site as a scheme participant. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes or/or defames the image and or reputation of ÜberBarTools™/Synergy Merchandising Pty. Ltd. We will revoke your license.

YOUR RESPONSIBILITY

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.

You will indemnify, defend and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your site as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement. You acknowledge and agree that your Web site information (name, URL, traffic counts, etc.) may be utilized by ÜberBarTools™/Synergy Merchandising Pty. Ltd. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc. The information provided byÜberBarTools™/Synergy Merchandising Pty. Ltd. to you may be proprietary in nature. You acknowledge that you are not a competitor of ÜberBarTools™/Synergy Merchandising Pty. Ltd. and agree not to share this information with any of our competitors. Any violation of these terms and conditions may cause us to terminate this agreement.

LIMITATION OF LIABILITY

ÜberBarTools™/Synergy Merchandising Pty. Ltd. will not be liable for indirect, special or consequential damages (or loss of revenue, profits or data) arising in connection with this agreement or the affiliate scheme, even if we have been advised of the possibility of such damages.

TERMINATION

Either Party may terminate this agreement with 30 days written notice to the other party. The agreement may be terminated sooner by ÜberBarTools™/Synergy Merchandising Pty. Ltd. in the event of any breach by the Affiliate.

DISCLAIMERS

ÜberBarTools™/Synergy Merchandising Pty. Ltd. make no express or implied warranties or representations with respect to the scheme or any products sold through the scheme 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.

GOVERNING LAW

This Agreement will be governed by the Laws of N.S.W., Australia without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts of Australia, 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.

© UberBarTools™ 2010. The products and content on this site are copyrighted and cannot be reproduced without prior written permission from Synergy Merchandising Pty. Ltd. WARNING: Products depicted on this site are protected by intellectual property rights including patents, design registrations and copyrights. Synergy Merchandising Pty. Ltd. & its associated companies will take vigorous action against counterfeiters and infringers.