Affiliate Program at ShareASale

11:40 pm   -   July 10th, 2006

Fila Online, Inc.
Program Status: Online
Sale Commission: 10.00 %
Tracking Cookie lasts for 30 Days after the initial clickthru.
Campaign Start Date: 18-Nov-05
Auto-Approval of Affiliates: No

Merchant provided description:
Get in on the ground floor with Fila, one of the world’s leading footwear and apparel companies. We’ve recently relaunched the brand and the website, and feature beautiful Italian-designed products for women and men. Our affiliate program offers 10% commissions for sales on Our average order size is around $100 and growing. We look forward to working with strong affiliates that will portray Fila in a high-end manner consistent with our brand image.

Merchant provided Terms of Agreement:
Program Agreement This Program Agreement contains the complete terms and conditions that apply to your participation as an Affiliate of, and the establishment of links from your website to our website. By submitting an application to join’s Affiliate Network, you confirm that you have read this Program Agreement and have agreed to be bound by its terms and conditions. Program Agreement Definitions “Fila” – Fila Online, Inc., a Delaware corporation, headquartered at 1 Fila Way, Sparks, 21152 USA. “Affiliate” – the business, individual or entity that displays Fila’s products, services and/or promotions on its website in exchange for receiving renumeration from Fila for sales resulting from such display. 1. Fila Affiliate Sales Program Affiliate agrees to display Fila products, services and/or promotions (“Products”) on its website with links to pursuant to the terms of this Agreement and Affiliate will receive compensation for such display as set forth herein. 2. Representatives and Warranties Affiliate represents and warrants that: a. Affiliate conducts business via the internet. b. Affiliate is not a manufacturer of footwear, apparel or accessories products. 3. Affiliate Commissions. Commission Structure Fila shall compensate Affiliate a 10% commission on Qualified Sales based upon the Net Invoice Price of Products. Sales must occur within 30 days from the date the click-through is initiated. b. Net Invoice Price For purposes of this Agreement “Net Invoice Price” shall be the total billing to the user less promotional discounts, sales tax, duties, shipping, handling, insurance, gift wrapping and similar charges. Fila shall chargeback Affiliate’s commission account for returned Product, credit card fraud and amounts remaining unpaid by user. Such chargebacks shall be deducted from future commission payments. c. Qualified Sales For purposes of this Agreement “Qualified Sales” shall mean sales of Product via the website to users of Affiliate’s website who purchase Product by utilizing the link between the Affiliate website and the website. Qualified Sales are limited to sales tracked by’s system from the time the link is initiated through the time of sale and excludes: (1) sales which cannot be tracked by’s system, (2) sales where the user links through Affiliate’s website but then utilizes another Affiliate’s link to Fila’s website prior to sale and (3) sales which are not consummated by 11:59 p.m., Eastern Standard Time. d. Commission Payments Commissions shall accrue upon Fila’s receipt of payment for Product sales. e. Modification of Commission Structure Fila reserves the right to modify the Commission structure at any time upon notice to Affiliate. Commissions earned prior to such notice shall not be affected by such modification. f. Commission Reports adidas shall track the Qualifying Sales and will make commission reports available to Affiliate on BeFree’s website. adidas may vary the form and content of the reports from time to time. The reports will be updated on a regular basis, which in no event shall be less than quarterly. 4. Order Processing and Fulfillment Fila shall process orders for Products but reserves the right to reject orders that do not meet Fila requirements. Affiliate shall not accept orders for Product. Fila is solely responsible for Product order processing and fulfillment. Order information, including customer information, is considered confidential and will not be provided to Affiliate. 5. Trademarks Other than the right to display the Fila trademarks, names and logos (“Fila Trademarks”) on Affiliate’s internet site in the manner prescribed by Fila, Affiliate shall have no right to otherwise utilize or display Fila Trademarks without Fila’s prior written approval. Fila shall have no right to utilize or display Affiliate Trademarks without Affiliate’s prior written approval. 6. Indemnification Each party is solely responsible for the development, operation, maintenance and content of their website and each party hereby agrees to indemnify and hold harmless the other party from all liability, claims, suits, damages and expenses, including without limitation, attorney’s fees, arising from the development, operation, maintenance and content of each party’s website. 7. Assignment The rights and obligations set forth in this Agreement may not be assigned by either party and any attempted assignment shall be void. 8. Limitation of Liability Neither party shall be liable to the other for special, consequential, indirect or incidental damages, including loss of profits or loss of business in connection with any claimed breach or violation of this Agreement or violation of any duty owed to the other arising from this Agreement. Neither party shall be liable to the other by reason of the termination, expiration or non-renewal of this Agreement for indemnities, reimbursement or damages on account of unjust enrichment, loss of clientele or business, or loss of prospective profits or compensation on anticipated sales. 9. Nonwaiver The failure on the part of either party to exercise any right hereunder shall not constitute a waiver of any such right. 10. Previous Agreements Superseded This Agreement expresses the entire understanding between the parties and cancels and supersedes any previous contracts, arrangements or understanding between the parties relative to the subject matter hereof. 11. Amendments, Revisions, Extensions No agreement or understanding amending, revising or otherwise changing the terms and conditions hereof, or extending the term hereof, shall be binding unless in writing and signed for each party by a duly-authorized representative. Any such written amendment, revision, extension or other change in this Agreement shall be binding on the parties notwithstanding any lack of a separate legal consideration therefore. 12. Separability Provision Should any provision of this Agreement in any way violate or contravene any law or regulation of any jurisdiction, such provision shall be deemed not to be a part of this Agreement in regard to activities conducted hereunder within such jurisdiction, but the remainder of this Agreement shall remain in full force and effect. 13. Notices Any notice under this Agreement shall be deemed to have been sufficiently given when, if given to Fila, it is addressed to: Fila Online, Inc. Attn: General Manager 1 Fila Way Sparks, MD 21152 and when, if given to Affiliate, it is addressed to the contact identified in the online affiliate application and sent by courier, registered or certified mail. The date of mailing shall be deemed to be the date on which such notice has been given. Each party shall give prompt written notice to the other party of any change in its address or corporate name and, after notice of such change has been given, any notice to it by the other party shall be addressed in accordance with that change. 15. Governing Law/Venue This Agreement is executed and delivered within the state of Maryland, and its construction, interpretation and performance shall be governed by the laws of the state of Maryland. Each party to this Agreement consents to exclusive venue for any dispute arising under this Agreement to be a court located in Baltimore County, Maryland. Each party to this Agreement acknowledges personal jurisdiction over such entity by any court located in Baltimore County, Maryland. 16. Confidentiality Affiliate and Fila shall keep confidential all information disclosed by the other concerning this Agreement and shall not divulge such information to any third parties. These obligations will survive termination of this Agreement. Upon termination of this Agreement each party shall, upon the other’s written request, return to the requesting party any such information, deemed by the requesting party to be confidential or proprietary. 17. Term This Agreement shall remain in effect until terminated by either party, with or without cause, upon 30 days prior written notice to the other party. Fila shall have the right to immediately terminate this Agreement if Fila determines, in its sole discretion that Affiliate’s actions or website are inconsistent with Fila’s e-commerce strategy for any reason, including, but not limited to, the following: a. Affiliate’s internet site uses images or content that are unlawful, harmful, threatening, defamatory, obscene, discriminatory, or otherwise objectionable; b. Affiliate’s domain name contains the words “Fila” or any variation or misspelling thereof; c. Affiliate bids against or outbids Fila for the placement of the following Keywords or search terms within any third party search engine or portal, including, but not limited to,,,,,,,,,,,,, and Keywords: Fila,,, www fila com,, shop fila com, Filativa or d. Affiliate implements direct linking from any purchased keywords or search terms to the or websites. Affiliates should not utilize or as their display URL in any search campaign (sponsored or otherwise). e. Affiliate automatically redirects the customer to the Fila website by execution of an affiliate link. Any method that automatically plants an affiliate cookie is strictly prohibited. f. Affiliate uses any of the above mentioned Keywords or misspelling thereof in meta tags, hidden text, source code, HTML/XHTML/DHTML/XML tags, including, but not limited to, page titles, or HTML comment tags. g. Affiliate engages in any email activity that is not in accordance with the U.S. federal Can Spam Act of 2003. h. Affiliate employs any technology including, but not limited to, toolbars, pop-ups, pop-unders and pop-overs, to serve messages to shoppers on our Site when the shopper has not directly linked from the affiliate’s site. i. Affiliate employs any technology including, but not limited to, toolbars, pop-ups, pop-unders and pop-overs, to serve messages to shoppers on our Site or another affiliate’s or merchant’s website, designed to divert them or pull them away from the Website he/she is currently shopping.