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This Agreement contains the complete terms and conditions that apply to your participation as a member of the Ammee’s Affiliate/Consultant Program (the “Program”) operated by Ammee’s Babies, LLC (hereinafter, “Company,” “we” or “us). As used in this Agreement, “you” or “your” means the applicant/participating member.
1. Enrollment in this Program.
To begin the enrollment process, you will submit a completed Program Application. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We will reject your application if we determine that you have provided inaccurate or incomplete signup information, determine that you are under 18 years of age or determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, “Content Restrictions”).
2. Utilizing Links on Your Site / BULK EMAILING (SPAM) ZERO TOLERANCE POLICY!
As an affiliate/consultant in the Program, you may use on your web site (“Affiliate Site”) any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the “Links”), however, you cannot employ deceptive language or misleading URL’s in the Links, and you CANNOT MARKET BY SENDING BULK EMAILS (SPAM) !!! Promotional links must contain Ammee’s Babies, LLC trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and link designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting web sites owned, operated or controlled by Ammee’s Babies, LLC In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links.
3. Commissions.
We will pay you a commission per sale. The Commission Rate is subject to change from time to time, upon email notice to you and commencing the 30-days following such notice. Note that a commission will only be paid if the visitor to your site can be tracked by the system from the time of the Link to the time of the sale. No commission will be paid if the visitor's payment to your site cannot be tracked directly to our site by our system or if full payment for services is not made to us by the customer.
4. Commission Payment.
Commissions due and owing to you under the Program will be paid to you directly by Ammee’s Babies, LLC on the first and fifteenth of each month.
5. Responsibility for Your Site.
You will be solely responsible for the operation and maintenance of your site and for all materials that appear on your site. You are not an Ammee’s Babies agent, and we shall have no responsibility for the operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
- Unsolicited bulk email, IRC or IM advertising, forged header mailings or any other form of mailing, in violation of federal or state law; - Provide inaccurate or incomplete information to Ammee’s Babies, LLC concerning your identity, bank account, address or other required information; - Attempt to cheat, defraud or mislead us in any way; - Misrepresent to the public the terms and conditions or content of our sites or your sites
6. Independent Investigation.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. We have the right to monitor your Web site at any time and from time to time to determine if you are in compliance with this Agreement. We also reserve the right to review all commissions for possible fraud. Any incidence of fraud constitutes a breach of this Agreement, and Ammee’s Babies, LLC retains the right to terminate this Agreement immediately.
7. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Affiliate/Consultant 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 notice of termination. Notice by email, to your email address on our records, is considered sufficient notice to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
8. Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by email, to your address on our records, or the posting on our site of a change notice of a new Agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new Agreement on our site, will constitute binding acceptance of the change.
9. Relationship of Parties.
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. You are not an agent of the Ammee’s Babies, LLC and we expressly disclaim responsibility for any conduct by you in violation of our terms of Agreement.
10. 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.
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