4Hearts LLC Affiliate Program Agreement

 Please read the online application below. Fill out the form below agreeing that you read the document and Submit.

This agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Four Hearts, LLC Online Affiliate Program (the "Program"). As used in this Agreement, "we" or "Four Hearts, LLC " means Four Hearts, LLC , and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Four Hearts, LLC.com's site located at the URL http://www.4heartsllc.com, a related Four Hearts, LLC web site, www.HighRollDice.com  or to the site that you will link to our site (and which you will identify in your Program application).

In addition to the name "Four Hearts, LLC " we have trademark rights to all of the following copyrights and trademarks of the Four Hearts, LLC name: Four Hearts, LLC, 4heartsllc.com and HighRollDice.com   As used in this Agreement, the term "trademark" or "trademarks" refers to any and all of the trademarks listed above and copyrights.


1. Enrollment in the Program

To begin the enrollment process, you will submit a complete Program application via our Site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites may include, by way of illustration and not limitation, those that:   

• Promote abuse or mistreatment of animals or the depiction of such abuse or mistreatment   
• Promote sexually explicit materials   
• Promote violence   
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age   
• Promote illegal activities   
• Attempt to copy and/or assume the creative or business identity of any Four Hearts, LLC.com or HighRollDice.com web site in any manner   
• Otherwise violate intellectual property rights, trademarks and copyrights   

If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement at any time.


2. Referring Customers  

    a. Web Site Links  

Once you have been notified that you and your site has been accepted into the Program, you may provide on your site one or more of the various links to our site that will be made available to you through our affiliate web site. Four Hearts, LLC  will occasionally change the appearance and type of links made available to affiliates. Four Hearts, LLC  may change the appearance of these links and may make changes to their appearance at any time without your prior consent or notification. To permit accurate tracking, reporting, and referral commission accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will only earn referral commissions with respect to activity on our site occurring directly through the Special Links provided by us. We will not be liable to you with respect to any failure by you to use Special Links or by the improper implementation or use of these Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.  

    b. Promotion Codes  

Optionally, and/or in addition to the use of Special Links, we may allow you to enter unique "Promotion Codes." Any such Promotion Code can be utilized by any customer during the checkout process. When a customer enters a valid Promotion Code your affiliate account will be credited with the appropriate referral commission pursuant to this agreement. Promotion Codes may consist up to a maximum of 20 characters consisting of alphanumeric characters or spaces only.  

3. Order Processing

We will process product orders placed by customers who follow Special Links from your site to our site or who enter a valid Promotion Code during checkout. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle customer service in connection with product orders. We will track sales made to customers who purchase products using Special Links from your site to our site or who enter a valid Promotion Code during checkout and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.


4. Referral Commissions

We will pay you (in accordance with Sections 5 and 6 below) referral commissions on certain product sales to third parties. For a product sale to be eligible to earn a referral commission, a Customer must follow a Special Link from your site to our site or must enter a valid Promotion Code during checkout, select and purchase the product using our automated ordering system, accept delivery of the product at the shipping destination, and remit full payment to us ("Qualifying Sale"). A "Customer" is defined as a unique user who generates his or her qualified purchase through an Affiliate's Special Link or use of a valid Promotion Code. If a Customer creates a Qualified Purchase with Four Hearts, LLC after the process of making a Qualifying Sale, that customer made a transaction will another referral agent, then the agent whom referred the customer first, based upon our tracking system earns the "Qualifying Sale." We reserve the right to exempt from this Program, in our sole discretion, specific products or transactions for sale on our site. Exempted product or transaction totals will be subtracted from customer orders before calculating your referral commission and reflected accordingly in your site statistics. You may request a list of the exempted products or transactions at any time. The Program is intended for commercial use only, and you may not purchase products through the Program for your own use or for resale or other commercial use. Such purchases may result (in our sole discretion) in the withholding of referral commissions or the termination of this Agreement. In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your site to access our site); (b) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (c) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (d) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (e) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; (f) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action; or (g) use any of our designated trademarks in any pay-per-click marketing or advertising campaign without our express written approval. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.


5. Referral Commission Schedule

You will earn referral commissions based on Qualifying Revenues according to referral commission schedules to be established by us. "Qualifying revenues" are revenues derived by us from our on-line sales of Four Hearts, LLC products, excluding costs for shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, and bad debt. The current referral commission schedule is:  

Commission rate on Four Hearts, LLC products will be equal to eight dollars($8.00) of Qualifying Revenues for Qualifying Sales.  

6. Referral Commission Payment

We will pay you referral commissions on a monthly basis. Approximately 15 days following the end of each calendar month, we will send you a check for the referral commissions earned on our on-line sales of Four Hearts, LLC products that were shipped during that month, less any taxes that we are required by law to withhold. However, if the referral commissions payable to you for any calendar month are less than $50, we will hold those referral commissions until the total amount due is at least $50 or (if earlier) until this Agreement is terminated. If a product that generated a referral commission is returned by the customer, we will deduct the corresponding referral commission from your next payment. If there is no subsequent payment, we will send you an invoice for the referral commission negative balance. Such invoices shall be paid by you within 30 days of the invoice date.


7. Reports of Sales

You will be given the ability to enter a password-protected site to receive your sales statistics at any time.


8. Policies and Pricing

Customers who buy products through this Program will be deemed to be customers of Four Hearts, LLC . Accordingly, all Four Hearts, LLC rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes can occur unannounced at any time and may affect products that you already have listed on your site, you should not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.


9. Limited License

We grant you a nonexclusive, revocable right to use the graphic images and text provided for Affiliates on the Affiliates Web Site and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, copyrights and all other intellectual property rights. We may revoke your license at any time by giving you written notice.


10. 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. For example, you will be solely responsible for:  

• The technical operation of your site and all related equipment   
• The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)   
• Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)   
• Ensuring that materials posted on your site are not libelous or otherwise illegal   

We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.


11. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your 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 written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all Four Hearts, LLC and High Roll Dice trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral commissions on our on-line sales of Four Hearts, LLC products occurring during the term, and referral commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.


12. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by changing this agreement as posted on our site. Modifications may include, for example, changes in the scope of available referral commissions, referral commission schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING CHANGES TO THIS AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.


13. Relationship of Parties

You and we 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. In our discretion, Four Hearts, LLC may cite your name or URL in connection with your participation in the program in materials including but not limited to postings on our site, newsletters, advertisements, and other communications. By submitting your application, you grant us a license to use your trademarks, trade names, service marks, logos, domain names and other similar intellectual property for use in connection with your participation in the program.


14. Confidentiality

Except as otherwise provided in this Agreement, each of the parties hereto agree that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent necessary to exercise rights and perform obligations under this Agreement. The foregoing restrictions will not apply to information to the extent it (i) was known to the receiving party at the time of disclosure; (ii) has become publicly known through no wrongful act of the receiving party; (iii) has been rightfully received from a third party under no obligation to the disclosing party; (iv) has been disclosed by court order or as otherwise required by law if the receiving party has given the disclosing party a reasonable opportunity to contest or limit the scope of such required disclosure.


15. 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 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 PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.


16. Disclaimers

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, 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.


17. Independent Investigation

BY SUBMITTING YOUR APPLICATION TO THE FOUR HEARTS, LLC ONLINE AFFILIATE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.


18. General

This Agreement will be governed by the laws of the United States and the State of Nevada, without reference to choice of law provisions. Our failure to enforce strict performance by you of any provisions of this Agreement will not constitute a waiver of our right to enforce subsequently such provision or any other provision of this Agreement. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to the preceding sentence, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of the remainder of this Agreement.

By submitting the following required information, I/we agree to the terms and conditions of this agreement if accepted into the Four Hearts, LLC Affiliate Program.

 Upon submittion of the Affiliate Program Agreement acknowledgement proceed to the Affiliate Program Application.