1. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Affiliate
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 written notice of termination. You are only eligible to earn referral
fees on sales occurring during the term.
2. Modification.
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 this site. Modifications may include, for example, changes in the scope of
available referral fees, 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.
3. 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
to this Agreement.
4. Enrollment in the Program.
To begin the enrollment process, you will submit a complete Program application
via our site. We may reject your application if we determine that your site
is unsuitable for the Program for any reason. Unsuitable sites include those
that:
Use of any unsolicited bulk mail emails to solicit sales may result in the suspension of your account.
5. Advertising.
Affiliates who choose to market Brand it Yourself must use ethically acceptable
copy (keywords, terms, meta tags, descriptions and web designs) in their advertising
campaigns. Ethically acceptable copy is considered copy that in no way deceptive
or impose upon the trademarks, copyrights or intellectual property of another
product, company or entity. BIY Profit may, from time to time, require affiliates
to clarify website content and ad copy and claims/representations made to customers.
Affiliate cooperation is required and recommended changes must be complete within
reasonable time.
6. Order Processing.
We will process product orders placed by customers who purchase products from
the sites included in our Affiliate Program. We reserve the right to reject
orders that do not comply with any and all of our requirements that we periodically
may establish. We will be responsible for all aspects of order processing and
fulfillment. You will be paid twice a month, provided your commission earnings
are at least $100.
7. Sales Tracking.
The BIY Profit site will track sales made to customers who purchase products
using links on your site. We will make available to you the sales activity,
as well as reports regarding end-user impressions and clickthroughs, at its
site. You and we each agree to rely on, and not to challenge or dispute, the
sales tracking and other information that Affiliate System compiles in connection
with the Program, which will bind both you and us for all purposes under this
Agreement.
8. Payment.
You will earn a percent or flat fee commission on all products shipped to customers
who purchase products from our sites through your site. We will pay all commissions
that accrue on a bi-monthly basis, ten days in arrears .
9. Policies and Pricing.
All customers who buy products through the Program are customers of BIY Profit
and Faulkner Brand Inc. Accordingly, policies and operating procedures concerning
customer orders, customer service, pricing and product sales will apply to those
customers. We may change our policies and operating procedures at any time,
in our sole discretion. 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.
10. Limited License.
We grant you a nonexclusive, revocable right to use BIY Profit and Brand it
Yourself and any other images or text that we may provide to you solely for
the purpose of identifying your site as a Program participant and to assist
in generating product sales through the Program. You agree to follow our instructions
respecting the use of our trademarks and those instructions may change from
time to time. We may revoke your license at any time by giving you written notice.
11. Responsibility for Your Site.
You will have sole responsibility for the development, operation and maintenance
of your site and for all materials that appear on your site.
12. Disclaimers.
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 merchantability, fitness for a particular purpose or no infringement,
or any implied warranties arising from a course of performance, dealing or trade
usage). In addition, we make no representation that the operation of our site
or our commerce server will be uninterrupted or error-free, and we will not
be liable for the consequences of any interruptions or errors.
13. Privacy Policy.
We will only use the information you submit to maintain your account. That is,
to make your commission payments and to communicate changes in our product offerings.
We will not email you with any other company's products. We will notify you
of new banners or text links to facilitate promotion of our products. We do
not now nor will we in the future, sell, rent or otherwise make your personal
information available to anyone.
We reserve the right to unilaterally modify the terms of this agreement.In the event of any violation of any of the rules of this agreement including but not limited to the rules outlined in paragraph 4, we reserve the right to cancel all commissions earned under our program.
By signing up for the BIY Profit program you are agreeing to the above Affiliate Agreement.