Affiliate Program Terms And Conditions
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Childbook's Affiliate Program. As used in this Terms and Conditions Document, "we" means ChildBook.com, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Childbook.com's site, located at the URL www.childbook.com, or to any site that you will link to ChildBook.com (and needs to be identified in your Affiliate Program application).
1. Enrollment in ChildBook's Affiliate Program
To apply for ChildBook Affiliate Program, fill in the online registration program via the web site. ChildBook.com will review and evaluate your application in good faith and will contact you if you are accepted or rejected. ChildBook.com may at our sole discretion reject your application if we determine your site is not suitable. Unsuitable sites include (but are not limited to):
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Include "ChildBook" or variations or misspellings thereof in their domain names
- Otherwise violate intellectual property rights
- Sites with poor navigation and usability
- Promote the use of bulk E-Mail
- Promote the use of pyramid schemes
If you unsure if your site meets these requirements, please contact us.
If we reject your application, you are welcome to reapply to ChildBook Affiliate 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 ChildBook Affiliate Program, we may terminate this Agreement.
2. Linking from your site to ChildBook.com
Once you have been notified that your site has been accepted into ChildBook Affiliate Program, you may provide on your site products or a general link to ChildBook.com. Links contain a special vendor code so the orders resulting from your site can be tracked. This is called a "Special Link".
You may select one or more Products that ChildBook.com offers for sale to list on your site. Availability on items can't be guaranteed.
You may provide a general link on your site to our home page at http://www.childbook.com
ChildBook.com will provide you with guidelines and graphical artwork to use in linking to us. To permit accurate tracking, reporting, and referral fee 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 earn referral fees only with respect to activity on our site occurring directly through Special Links; we will not be liable to you with respect to any failure by you to use 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.
3. 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. Examples of your solely responsibility:
- Technical operation of your site and all related equipment
- Creating and posting Product descriptions on your site and linking those descriptions to Childbook.com
- 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 ChildBook.com and all related employees and directors harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
4. Order Processing
ChildBook.com will process Product orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. 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. We will track sales made to customers who purchase Products by using Special Links from your site to our site 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 in our discretion. we reserve the right to reject any orders that do not comply with our rules, operating procedures, and/or violates applicable laws.
5. Referral Fees
We will pay you referral fees on certain Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site to our site, and add the Product to his or her shopping cart during a session. The session ends upon one of the following events: (a) the customer closes their browser, (b) the customer orders the Product, or (c) the customer follows a third party's Special Link. We will only pay referral fees on such Products after order, payment and shipping have occurred. Gift certificates are not eligible to earn referral fees.
6. Referral Fee Schedule
You will earn referral fees based on Qualifying Revenues according to referral fee schedules to be established by us. "Qualifying Revenues" are revenues derived by us from our sales of Qualifying Products, excluding costs for shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, returns and bad debt. The current referral fee schedule is:
10% of Qualifying Revenues from the sale on the date of order, is listed in our site. You can also earn money by having other people sign up as an affiliate after clicking on your affiliate link. It's 3% for one level down, then 2% through level 5 (you refer a person who signs up after clicking on your affiliate link, who refers a person, who refers a person, who refers a person that purchases).
7. Referral Fee Payment
We will pay you referral fees on a monthly basis. Approximately 30 days following the end of each calendar month, we will send you either (a) a check for the referral fees earned for any referrals $50 and over or (b) via Paypal. In calculating referral fees, we will deduct the corresponding referral fee from your next quarterly payment if a Product that generated a referral fee is returned by the customer. If there is no subsequent payment, we (at our discretion) may send you a bill for the referral fee. All statements after 30 days will be deemed correct unless you give us notice of any error prior to that date.
8. Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of ChildBook.com and will be bound by our operating agreements which may change from time to time. Product prices and availability may vary from time to time. Because price changes may affect Products that you already have listed on your site, you may 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 after being approved as an affiliate, a nonexclusive, revocable right to use the graphic image and text for which we grant express permission, solely for the purpose of identifying your site as a ChildBook.com Affiliate 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, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice (written notice includes notification via E-Mail).
10. 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 with 24 hours written notice. 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 Childbook.com 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 eligible to earn referral fees only on our sales of Qualifying Products that occur during the term, and referral fees 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.
11. 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.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee 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 OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
13. 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 fees paid or payable to you under this Agreement.
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, non infringement, 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.
15. Independent Investigation
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.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunction or other appropriate relief in any state or federal court in the state of California (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of the United States and the state of California. This agreement many not be assigned by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on and be 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 any provisions of this contract.
ChildBook.com will make every effort to keep our web site up and operational. However, from time to time, there may be technical issues that result in the site not being able to accept or track affiliate orders such as service interruptions. You agree not to hold ChildBook.com or any employee, director, or owner liable for such occurrences.
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