PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR THE PARTYMART.COM AFFILIATE PROGRAM. THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AS AN AFFILIATE USER.

WEBSITE AND AFFILIATE PROGRAM USAGE
Any user of this or any other affiliated website hereby agrees to all terms and conditions stated on this page. This page provides information which in all exempts PartyMart.com Worldwide Incorporated (“PARTYMART,” “US” or “WE”), its executives, directors, employees and any persons affiliated within from any and all possible liabilities. Any online user who does not agree to the terms listed below should not continue to browse our web-sites, affiliated web-sites and/or linked web-pages. For all supplementary information please call us toll free at 1 866 669-6278.

PRIVACY
PARTYMART respects your privacy. We will only collect, store and use your personal information for defined purposes. The information you provide will be kept confidential and will only be used to support your affiliate relationship with PARTYMART. Information we may request includes your name, e-mail address, phone number, address, type of business, customer preference information, as well as other similar/relevant corporate or personal information. We use your information to support and enhance our relationship with you. We do not sell your information. At any time you may contact PARTYMART with any privacy questions or concerns you may have. You may also ask at any time to see the personal data you have given us and request correction or deletion. We strive to protect the security of your personal data by using enhanced encryption technology verified by GeoTrust security. GeoTrust is a third party online specialist in privacy and security online, more information is available at www.geotrust.com.

THIRD PARTIES (including affiliates)
PARTYMART will not sell, trade, or rent your personal information to others. Information regarding you (such as name, address and phone number) or your order and the products you purchase will not be given or sold to any outside organization for its use in marketing or solicitation without your consent. Please be aware that other web sites that may be accessed through our site may collect personally identifiable information about you. The information practices of those third-party web sites linked to PARTYMART are not covered by this privacy statement. PARTYMART reserves all rights here in and is not responsible for any actions of a third party.

PREREQUISITES FOR AFFILIATE APPLICANTS
Unfortunately the PARTYMART affiliate program is not open to the general public. The affiliate program is available to companies and professionals who are involved in the entertainment, party and/or special events “industries,” These companies or professionals must operate in either the United States and/or Canada only. Only companies or professionals involved within these “industries” will be approved to promote their own party store. PARTYMART does reserve the right to approve and/or deny any application for the PARTYMART affiliate program. While applications are primarily based on the potential affiliates association to any of the “industries” PARTYMART may from time to time accept special cases. Special cases are determined on a case by case scenario where PARTYMART feels the applicant fit into the program.
Note: Professionals who work for any company that is signed up as an affiliate should have permission from their company to compete with a separate affiliate store. PARTYMART does not accept any liability for creating competition within any company. It is up to the company to decide those terms and enforce them.

PROHIBITED ACTIONS
Any affiliate who participates in a prohibited action may be removed from the PARTYMART affiliate program without notice. A prohibited action may include (but are not limited to) displaying or linking to a website that sells or displays any of the following merchandise or services: lottery tickets, escort and dating services, adult telephone call services, collection agency services, cheque cashing services, adult entertainment including pornography, massage parlour services, time share sales, gambling, extended car warranties except major car dealerships, weight loss vitamins and pills, cult material, pre-paid telephone cards, bail, credit reporting, resume preparing services, pyramid sales, satellite television sales except for satellite television sales that are legal in Canada, and any other merchandise or services as advised by PARTYMART from time to time in its absolute discretion.
Other Prohibited actions may include but are not limited to:
- Creating multiple affiliate or user accounts
- To promote or encourage illegal activity
- Interfere with other affiliate or user accounts
- Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose transfer any PARTYMART account.
- Reformat or frame any portion of the web pages that are part of the PARTYMART website.

PARTYMART’S RESPONSIBILITIES
PARTYMART will service, update and administrate all product information and sales information for sales processed through any of its affiliate stores. PARTYMART works hard to get the best prices and expand its product line regularly. PARTYMART’s affiliate program is designed to give the affiliate minimal work (most of which is optional), while PARTYMART will actually complete the order, bill the customer and pay the affiliate (as described in the COMMISSION PAID OR OWED TO AFFILIATES section of this agreement). PARTYMART is not responsible for actual advertising and promotions of any affiliate store. It is PARTYMART’s pleasure to pay your commission when owed.

AFFILIATES RESPONSIBILITIES
It is up to the affiliate to promote the affiliate’s store. We suggest showing it to your clients. If you have a website place links to your affiliate store. Tools for already designed links are available in your affiliate administration which is detailed below. Remember if the store exists and you don’t tell anyone, chances of making sales are very low.

AFFILIATE COMMISSION RATE
The commission rate which PARTYMART offers to its affiliates is 20% of the total sale through their affiliate store. The commission shown and the commission paid is based on the total of each sale before shipping and any applicable taxes. The commission also excludes charge backs, handling fees, returns, exchanges, refunds, bad credit and any other abnormal purchasing costs which are not part of the basic affiliate store products as shown on the PARTYMART e-commerce store.

COMMISSION PAID OR OWED TO AFFILIATES
PartyMart will pay its affiliates once a month and only when a minimum 25 dollars Canadian or 20 dollars U.S. is owed. U.S. addressed affiliates will be compensated in U.S. dollars by default and Canadian affiliates will be compensated in Canadian dollars by default. Owed commission is based solely on orders which have been filled and where no balance is owed and the customer has received and accepted the order beyond the time allotted for refund. Affiliates may choose to either receive a check or inform PartyMart directly that they would like to save their commission as credit towards a future purchase. Commission will not be paid to any affiliate that has an outstanding balance.

AFFILIATE ADMINISTRATION AND TOOLS
After any affiliate is approved they have immediate access to their own administration section located at http://www.PARTYMART/affiliate.asp. This administration section allows for the customization of the affiliates party store. In the affiliate’s administration the affiliate may at any time edit and or update their corporate profile. Others tools include banners for the affiliate’s stand alone sites to link back to the affiliate’s store. PARTYMART believes that the affiliate’s administration is a powerful tool. Use it well and check it regularly as new additions and controls may be added from time to time.

CUSTOMIZATION: CORPORATE PROFILE AND LOGO
The PARTYMART affiliate program allows some customization. This customization includes the ability for affiliates to upload a company or personal logo. Other features include website links, contact information and some text space. While PARTYMART does not represent each affiliate and the information displayed PARTYMART reserves the right to immediately remove any affiliate from the program if the PARTYMART administrators, directors, executives, operators, regulators, or any other sufficient supervisor feel there is fraudulent, indecent, illegal or any unethical information displayed. PARTYMART suggests to its affiliates that all contact information and external web-links provided should remain within the special event industry excluding any adult only websites and youth sensitive material.

WHOLESALE ORDERS
PARTYMART does offer all of its products for wholesale purchase. The product quantities and pricing may change depending on current market prices. Wholesale orders are only available to approved PARTYMART affiliates and are subject to any applicable taxes, shipping charges and possible duty charges for cross border sales. Wholesale orders are currently only available offline. To make or enquire about a wholesale order please contact us at 1-866-669-MART.

ACCOUNT INACTIVITY
Any affiliate account with no activity for a period greater than 1 year may result in the affiliate account being terminated without notice. Rights to terminate account is described in its own section below.

RIGHTS TO TERMINATE ACCOUNT
PARTYMART reserves the right to terminate any account. Any affiliate wishing to terminate its account may have it removed. There is no guarantee of a quick removal of the affiliate store. PartyMart reserves the right to operate any affiliate store independently after any affiliate has requested their account be terminated, attempts to remove all corporate or personal information which may have been put up will be attempted but no guarantee can be made at this time.

CONFIDENTIAL INFORMATION
The affiliate understands that all information received concerning operations, sales, prices, services, bonuses, promotions and personal information is confidential. Any information received from the affiliate program is not to be used in for malicious, illegal or unauthorized action. All information exchanged by PARTYMART with its affiliates, members and partners is confidential and not to be exchanged or sold for any such reason. PARTYMART provides security to both its shoppers and affiliates and expects the same in return.

ONLINE PRODUCT DISCLAIMER
From time to time products may vary from their online photo appearance. PARTYMART does make every effort to update product information and photos. While the products shipped should match in basic form, shape and appearance there is always a chance that the models will be changed or updated to newer versions. Any discrepancy may be brought up with PARTYMART. Attempts to contact the customer will be made if the product is no longer available, out of stock or has been drastically changed.

LEGAL JURISDICTION & GOVERNING LAW
This website is controlled and operated by PartyMart.com Worldwide Incorporated, located and incorporated federally in the city of Montreal, Province of Quebec, country Canada. Any dispute between this website (or PARTYMART) and a visitor must be resolved in a competent legal court of law in the city of Montreal, province of Quebec, Canada, unless otherwise agreed upon by both parties.

INTELLECTUAL PROPERT RIGHTS
You acknowledge that PARTYMART owns all rights, titles and interest in and to the service, including without limitation all intellectual property rights (the "PARTYMART RIGHTS"), and such PartyMart Rights are protected by Canadian and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the affiliate program. You also agree that you will not use any automated device, or manual process to monitor or copy any content from the program. The PartyMart Rights include rights to the program developed and provided by PartyMart; and all software associated with the program.

LANGUAGE
It is the express will of all parties involved that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. Further documentation will soon be available in French. Plusieurs documentations seront etre present sur cette site-web.

COPYRIGHT NOTICE
All materials on this Site are protected by copyright and other laws. © Copyright PARTYMART Worldwide Inc and/or its licensors, 2004. All Rights Reserved.

RIGHTS RESERVED
PARTYMART and/or its partners reserve the right to amend, change or replace this policy statement at its own discretion without notifying its customers, affiliates or visitors. All rights not expressly reserved or granted are herein reserved.

AGREEMENT
You (the potential affiliate) hereby certify that you have read, understand and agree to all the terms and policies of both the PARTYMART Worldwide Inc. affiliate terms and conditions and the web-store terms and conditions which your customers will be able to view and must agree to while shopping on our website.