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Geographical Coverage USA UK Europe Australasia Asia South East Asia Middle East Africa South America Worldwide
AFFILIATE AGREEMENT This agreement is made and effective this date between Royal Selangor International Sdn Bhd (hereinafter called Royal Selangor), whose registered office is situated at 4 Jalan Usahawan Enam, Setapak Jaya, 53300 Kuala Lumpur, Malaysia and the Affiliate. The Affiliate provides and sells "Royal Selangor" brand products (hereinafter called the Products) via the Affiliate's website. Royal Selangor provides and sells the Products worldwide. Royal Selangor maintains an e-commerce site, www.royalselangor.com. The purpose of this agreement is to formalize both parties' intention to form a business partnership in order to generate sales of the Products via the Affiliate's website (hereinafter called The Store) Royal Selangor will feature the Products in www.royalselangor.com. The product range featured may change from time to time and the Affiliate may choose to feature additional Products in The Store with the approval from Royal Selangor. The Affiliate shall assign exclusive rights to Royal Selangor's pewter Products to be advertised on Affiliate's website. 1. AFFILIATE'S OBLIGATIONS 1.1 Royal Selangor will propose and approve relevant Products to be sold in the Store. 1.2 The Affiliate will set up links, maintain and exhibit Products with the input and approval of Royal Selangor or The Affiliate may place and maintain Royal Selangor's banners on The Affiliate's website. 1.3 The Affiliate will carry out the necessary marketing activities (which shall include but not be limited to write-ups, products and promotional announcements, active links from The Affiliate's site to shopping pages and periodical write-ups in relevant sections within their website) to promote and drive traffic to the Products. 1.4 The Affiliate will create a linking path to the Store for browsers to have access to the Products. 2. ORDERS ADMINISTRATION 2.1 Orders by customers will be made at the Store and Royal Selangor will fulfill and transact payment for the orders. Orders will be transacted in all currencies available at The Store according to customer's shipping destination. Prices are available in US$, £, €, AUD, ¥, SGD, RMB and MYR. 2.2 All orders in other currencies will be converted to US$ using the daily foreign exchange rates in Affiliate's reports. 2.3 The Affiliate will be able to view details of transactions made through The Store by logging in at www.royalselangor.com's Affiliate account page. 3. COMMISSION AND ADMINISTRATION 3.1 For every order made through the Store, Royal Selangor will pay The Affiliate a flat rate of 10% on product price, engraving or product customization. Commission will not be calculated for any delivery charges, duties or taxes paid by customer. 3.2 Royal Selangor reserves the right to change the commission payable but will inform The Affiliate at least 7 days in advance. 3.3 In the event any order cannot be completed (eg. Credit card cannot be transacted), complaints, goods returned or any other incident, Royal Selangor will not pay The Affiliate any commission. 3.4 The commission applies to all purchases made within the Store only. 3.5 The Affiliate will be credited the commission earned for each month, upon request by The Affiliate through the website, e-mail or fax. Each request via e-mail or fax should be attached with an Invoice stating all sales recorded for the payment. Invoice can be in the form of Affiliate sales report obtainable online. 3.6 Payment of commission can only be requested if amount is above US$100. Requests made for payments below this amount will not be entertained. 3.7 Payment of commission will be made to the Affiliate via cheques or via bank drafts into the Affiliate's account in US$. 3.8 In the event that the Affiliate does not generate any transactions for the first ninety (90) days, Royal Selangor has the right to review and terminate this agreement by giving the Affiliate thirty (30) days notice in advance. 4. MAINTENANCE AND UPDATES 4.1 The Products will reside in Royal Selangor's host server. 4.2 The Affiliate may request to update and maintain Royal Selangor's products on Affiliate's own web-server with the approval from Royal Selangor. 4.3 Royal Selangor will update any new products whenever necessary without any prior approval from the Partner but will inform the Partner on product updates. 4.4 The Affiliate will be responsible for informing its website's visitors of the Store's promotions via announcements on Affiliate's website. 4.5 The Affiliate will obtain prior approval from Royal Selangor for any alterations, updates and articles relating to the Store or Royal Selangor before hosting it on the Affiliate's website. 4.6 Royal Selangor reserves the right to refuse to host the Store which it believes in its discretion the Affiliate has substantially changed it's website's contents that it does not fit the sole purpose of this partnership or has received a significant number of complaints for failing to be reasonably accessible to customers. 4.7 The Affiliate acknowledges and agrees that the content available from Royal Selangor or the Store, including but not limited to text, software, logos, trademarks, service marks, photographs, graphics or video is protected by copyright, trademark, patent, or any other proprietary rights and laws, and may not be used in any other manner other than specified by this agreement. 4.8 The Affiliate shall not attempt to gain unauthorized access to any servers controlled by Royal Selangor. 5. TERMS OF AGREEMENT 5.1 This Agreement shall continue effective from the date of submission approval of this agreement by Royal Selangor and The Affiliate, until terminated, with or without cause, at any time by either party. 5.2 Either party may terminate this agreement by giving a thirty (30) days advance written notice of intention. ADDENDUM TO THE AFFILIATE MEMBERSHIP AGREEMENT (Effective as of January 1, 2004) This Addendum to the Royal Selangor Affiliate Agreement effective as of January 1, 2004, amends and supplements your obligations thereunder in accordance with the terms thereof. 1. BACKGROUND. This Addendum addresses, in main, the following subject: Your use of Email and/or other electronic messages in connection with your continued participation on Royal Selangor Affiliate Program, including new requirements based on recently enacted federal legislation in the United States. Pursuant to the Affiliate Membership Agreement, you agreed to allow Royal Selangor to add to or otherwise change the terms of the Agreement at any time. This Addendum, delivered to you by email and/or other permitted methods, constitutes notice to you of our intent to do so. As an affiliate with Royal Selangor receipt of this email will constitute this amendment as binding and legally enforceable. 2. USING ELECTRONIC OR OTHER TYPES OF MESSAGES. Without limiting the generality of the foregoing or any other obligations you have under the Affiliate Membership Agreement, if you use email and/or, as applicable, mobile service messages (SMS), instant messaging (IM) or other types of electronic messages (individually and collectively, "electronic messages") in connection with your participation on the Royal Selangor Affiliate Program, you agree as follows: (a) Except as expressly authorised by Royal Selangor, any and all such electronic messages initiated or sent by you or on your behalf must: - Identify you as the sender and may not suggest or imply, or mislead or be likely to mislead a recipient into believing that Royal Selangor is a sender or sponsor of, or has procured you to send, such electronic messages. To be clear, you may not use a return address, subject heading, header information or message contents that misleads or confuses or is likely to mislead or confuse a recipient as to you being the sender; - Feature the service or product offering(s) that you are offering the recipient as its primary contents and purpose; - Contain a valid physical postal address for you (and not any other person or entity); Be clearly and conspicuously identified as an advertisement or solicitation, unless you have received affirmative consent to send electronic messages to that recipient - Not be sent by or through any computer without authorisation, including by relay or retransmission, or contain false header information regarding the transmitting computers and transmission path including the originating electronic mail address, domain name or Internet Protocol address. (b) You will implement and employ in connection with each electronic message sent by you or on your behalf an effective mechanism and procedure for any recipient of such electronic message to be able to request during the following thirty (30) days at a minimum not to receive further electronic messages from you or those sending electronic messages on your behalf and except as otherwise expressly permitted by applicable law, such request shall be heeded within ten (10) business days of receipt of such request (collectively, an "opt-out procedure"). - You will ensure that such opt-out procedure is fully compliant with any and all applicable laws, rules and regulations, including the requirements of the Can Spam Act of 2003 (Public Law No. 108-187). (c) You shall provide Royal Selangor with any information requested by Royal Selangor at any time, including evidence that you have complied with all required opt-out procedures and other aspects of your compliance herewith. Further, you authorise Royal Selangor to provide any information, including confidential information, and otherwise make any disclosures that Royal Selangor determines to be necessary or appropriate about you or your participation or activities on or in relation to Royal Selangor to any local, state, provincial, federal or foreign governmental authority or Internet Service Provider bringing or contemplating the bringing of any action or conducting any investigation in relation to the enforcement of any applicable laws, including the Can Spam Act of 2003. 3. NOT AN EMAIL OR OTHER SERVICE PROVIDER. Your participation in Royal Selangor's Affiliate Program is purely voluntarily and you may terminate your participation in accordance with the Affiliate Agreement. (a) Royal Selangor shall not be construed or deemed as having "procured" you to send or initiate any email or other types of electronic messages (as defined in Paragraph 2 above) to any computer, including for the purposes of promoting Royal Selangor's business, or goods, products, property, or services. 4. COMPLIANCE WITH LAWS. You shall at all times ensure that you must comply with all applicable federal, state, provincial and foreign laws, ordinances, rules, regulations, orders, judgments and decrees other than this Can Spam Act 2003. Without limiting the generality of the foregoing, such laws shall include without limitation any state and federal laws dealing with the transmission and labelling of commercial and/or other electronic mail messages, laws relating to fraud or predatory or abusive business practices, and rules and regulations that are, from time to time, established by governmental agencies. 5. GENERAL. This Amendment shall be deemed to be an amendment and part of the Affiliate Agreement, the terms of which are incorporated by reference herein. If there is any conflict between this Amendment and the Affiliate Agreement in relation to the subject matter expressly covered hereby, this letter agreement will govern and in all other respects the Affiliate Agreement will govern. To the extent any provision hereof is held to be invalid or unenforceable, such provision shall be enforced to the full extent permitted by law and the remaining provisions hereof shall remain in full force and effect. Clicking on the submit button would indicate your acceptence of this agreement. Denotes required fields.

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