CALL 1-877-484-7565
Shop by Brands
Shop by Type
Shop by Manufacturer

1800Color Referral Agreement

Terms and Conditions

  1. Making Referrals

    Anybody who is a member of 1800Color is eligible for the Referral Program. You become a referrer of 1800Color when you recommend our site to a friend. Whenever a customer enters your e-mail address when placing the first order or registering as a 1800Color member constitutes the customer's acceptance of all terms and conditions of this agreement.

    You receive referral commission when the new customer you have referred to the 1800Color site purchases a product. To ensure that you receive the correct commission, the new customer must come to the site and enter your e-mail address when placing the first order or registering as a 1800Color member.

    Currently, all the products offered at 1800Color are eligible for commission. The products offering and referral fee schedule are subject to change by us, upon notice to you. If we add products, we may allow you to also offer such products pursuant to the Referral Program. All contact lenses and other products added by us as being offered to the Referral Program.

  2. Referral Fees

    A. How You Earn Referral Fees
    You will earn a referral fee on any product that is purchased, shipped and paid for in full by a customer who has entered your e-mail address when placing the first order or registering as a 1800Color member.

    B. Your Referral Fee Schedule
    The 1800Color Referral Program pays you referral fees based on the net purchase price received by us for all products sold directly by us to people you referred to our web site. Referral fees are not paid on amounts collected for sales taxes, shipping, handling, and similar charges, credit card fraud and bad debt, and credits for returned goods.

    All available products on our web site are eligible for referral fees to be paid as follows:
    You will earn three percent (3%) of the net sales collected by us. This will be applied as a credit to your next order from 1800Color (excluding shipping and handling).

    1800Color will keep track of the total visits, sales and commission generated from the customers you referred to our web site. You must have your e-mail and password in order to view your Referral Statistics Report.

  3. Customers

    A. Handling Customer Orders
    All orders placed by customers you referred to 1800Color will be processed by us. We will prepare each order, process payments, cancellations, and returns, handle shipping, and service customers. Any order not complying with our requirements may be rejected. We will track all sales made by customers you have referred to our site. This can be checked at any time online by accessing the Referral Statistics Report.

    B. Customers Subject to Our Policies
    Any customers who purchase through our web site will be subject to 1800Color customer service policies and operating procedures. We reserve the right to alter these at our own discretion, including without limitation, the pricing of all Products.

  4. Referrer Responsibilities

    A. Compliance with this Agreement
    We have the right at any and all times to monitor your referral to determine if you are in compliance with the terms of this agreement.

  5. Name and Trademark Licenses

    A. Licenses
    This agreement includes our grant to you of non-exclusive, non-transferable, revocable licenses to (i) access our web site through the links established, strictly in accordance with the terms of this agreement and (ii) use those designs, trade names, trademarks, and similar identifying material relating to us which we authorize you to use (collectively, the ¡§Licensed Marks¡¨), for the sole purpose of selling authorized Products from your Referrals to 1800Color, and strictly in accordance with the terms of this agreement. You may not alter, modify, or change the Licensed Marks in any way. We may alter, modify or change the Licensed Marks, in our sole discretion, upon notice to you.

    B. Restrictions on Use
    You shall not anywhere make any specific use of any Licensed Marks, without first submitting a sample of such to us and obtaining the prior written consent of 1800Color, which may be unreasonably withheld. You agree not to use the Licensed Marks in any manner that is disparaging, portrays us in a negative light, or otherwise harms the good name and reputation of 1800Color. All other rights in the Licensed Marks are reserved. We may revoke your licenses at any time, by giving you written notice.

  6. Term of this Agreement

    Once we accept you as a refferer of 1800Color, this agreement will be in effect. It may be terminated at any time by either you or us, with or without cause, through written notice. You will be eligible to earn referral fees only on sales generated during the term of this agreement.

  7. Modifications

    We reserve the right to modify any of the terms and conditions contained in this agreement, at any time, in our sole discretion. You will be notified by e-mail and a notice will be posted on our web site. Modifications may include, but are not limited to, Products, changes in the scope of available commission fees, commission schedules, payment procedures, and Referral Program rules. If you find any modification unacceptable, your only recourse is to terminate this agreement, and cease to participate in the Referral Program. Your continued participation in the Referral Program following our posting of a change notice or new agreement on our web site will constitute binding acceptance of the change.

  8. Relationship of Parties

    Each party to this agreement is an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, that would contradict anything in this agreement.

  9. General Terms and Conditions

    A. Assignment and Waiver
    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 a provision or any other provision of this agreement.

    B. Disclaimers
    We make no express or implied warranties or representations with respect to the Referral Program or any products sold through the Referral Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of performance, dealing, or trade usage). In addition, we make no representation that the web site will operate, or that operation of our web site will be uninterrupted or error free, and we will not be liable for the consequences of any of the foregoing.

    C. Referrer¡¦s Representations
    You hereby represent and warrant to us as follows:
    (i) This agreement constitutes a legal, valid, and binding obligation on your part, enforceable against you in accordance with its terms. (ii) There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any Referral of yours, with respect to the execution, delivery or consummation of this agreement, or with respect to the Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.

    D. Confidentiality
    Except as otherwise provided in this agreement or with the consent of the other party hereto, we both agree that all information including, without limitation, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Referrals provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be disclosed to third parties, or utilized, directly or indirectly, by such party for its own business purposes (except as contemplated by this agreement) or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Referral. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to an order issued by any court or administrative agency, (b) to its accountants, lawyers, or other professional advisors on a confidential basis, and (c) otherwise as required by applicable law.

    E. Limitation of Liability
    We will not for any reason whatsoever be liable for any direct, indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this agreement or the Referral Program, even if we have been advised of the possibility of such damages. Without limiting the generality of the foregoing, our aggregate liability will not for any reason whatsoever exceed the total commission fees payable to you under this agreement.

    F. Indemnification
    You hereby agree to indemnify and hold harmless 1800Color, and its subsidiaries and Referrals, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including solicitor¡¦s fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to you, including, without limitation, content not provided by us.

    G. Independent Investigation
    You acknowledge that you have read this agreement, understand it in its entirety, and agree to all of 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 You have independently evaluated the desirability of participating in the Referral Program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

    H. Governing Law
    This agreement will be governed by the laws of the Province of British Columbia, Canada without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the provincial courts located in Vancouver, British Columbia, Canada and you irrevocably consent to the jurisdiction of such courts.

1800Color is a contact lens replacement center. We can only sell you contact lenses that have been prescribed by your eye care practitioner within the last year, and with which you are wearing successfully. By continuing with the order you confirm that you are successfully wearing the selected lenses for which you have a valid prescription.
Privacy Policy  |  Useful Info  |  Site Map  |  RSS  |  Colored Contacts       Copyright © 2024 1800Color. All Rights Reserved.