This Agreement contains the complete terms and conditions which you (the "Affiliate") agree to be bound by as a participant in the SingingBowlPlanet.com ("SBP") Affiliate Program (the "Program") and which shall apply once your application to participate in the Program has been accepted by SBP.
In order to be compensated as an Affiliate for referring customers to our products, you agree to the terms and conditions of this agreement. SBP and Affiliate are entering into a simple business agreement in the best interests of both parties. Affiliate and SBP are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between the parties. All copyrighted material and trademarked names and logos used in accordance with this Agreement by either or both parties remain the exclusive intellectual property of the respective originating or issuing parties. No transference of intellectual property ownership or conveyance of rights is intended or conferred in this Agreement. Sales and interests in this Agreement may not be transferred or sold to any other entity and all business between the parties is subject to the terms of this Agreement. Both parties will be held to confidence in any matters of business with regard to this Agreement
Affiliate shall indemnify and hold SBP harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of Affiliate. Under no circumstances will SBP be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing, SBP aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to Affiliate under this agreement. SBP will own all right, title and interest in and to all information that is created or collected in the operation of the SBP site. SBP shall have the right but not the obligation to terminate this Agreement with an Affiliate who does not maintain a valid email address with SBP (SBP tracks all bounces of communications and automatically terminates any affiliate whose email address is not valid) SBP shall have the right but not the obligation to terminate this Agreement if the Affiliate ceases to actively market the Product for a period of 90 days. The Affiliate shall have the right to terminate this Agreement at any time upon written notice to SBP.
It is the full responsibility of Affiliate to market SBP Products in a legal, ethical and honest fashion and Affiliate agrees that SBP will be held harmless from any and all actions of Affiliate and Affiliate marketing and promotional programs. Affiliate shall at all times comply with all local and Federal spam, and fax broadcast laws. Any affiliate advertisement that does not comply with applicable local, state, or federal laws is strictly forbidden and shall be expressly defined as unauthorized use of SBP trademarks, marks and names Should action be brought against SBP for such activity by Affiliate, Affiliate agrees to bear all costs and penalties associated with such activity including, but not limited to SBP legal costs for any alleged infraction of these laws. SBP reserves the right to amend all pricing plans, commissions or conditions relative to this agreement. SBP reserves the right to terminate any Affiliate with or without cause at the sole discretion of SBP with or without notice. By joining the SBP Affiliate Program, Affiliate is tendering his/her personal guarantee of these terms and conditions.
Affiliate further agrees and warrants that it will comply with all local, state and federal laws (including but not limited to, the "CAN-SPAM" Act, effective January 1, 2004 regarding the sending of e-mails.
Affiliate shall not issue nor cause to be issued any news/media/press release that uses the SBP trademarks(s)/marks without prior written consent from SBP.
SBP shall have the right to monitor Affiliate web site at any time and from time to time to determine if it is in compliance with the terms and conditions on this Agreement. |
