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Notice:
Our affiliate program has been suspended till further notice. We
are looking for a new affiliate management provider.
You can earn easy money just by putting our
banner or link on your site to invite people who to visit
www.AdultClothDiaper.com, the number one source for premium quality
incontinence products for adults and children at affordable prices.
When you join our Affiliate Program, all you have to do is set up our
banners or links on your site, and we'll do the rest. Every time a
customer makes a purchase from our site through your link, you earn a
commission.
Fill out the Registration form below, add our banner or link on your
site and you could begin making money today!
1. Agreement
By completing the
AdultClothDiaper.com Affiliate Program registration form, you are
entering into a legal agreement with AdultClothDiaper.com, which
contains all of the terms and conditions below and governs your
participation in the AdultClothDiaper.com Affiliate Program.
2. Statement of
Evaluation
You acknowledge that
you have read this Agreement and agree to all of its terms and
conditions. You understand that AdultClothDiaper.com may, at any time
(directly or indirectly) solicit referrals for users of information
retrieval services on terms that differ from those contained in this
Agreement, or operate sites that are similar to or compete with your
site. You acknowledge that you independently have evaluated the
desirability of participating in the AdultClothDiaper.com Affiliate
Program and are not relying on any representation, guarantee or
statement other than as set forth in this Agreement.
3. Enrollment in
the AdultClothDiaper.com Affiliate Program
To begin the enrollment process, you must submit a completed
AdultClothDiaper.com Affiliate Program application and that
AdultClothDiaper.com may reject your application if it determines (in
its sole discretion) that your site is unsuitable for the
AdultClothDiaper.com Affiliate Program for any reason.
Your application and/or participation may be cancelled or rejected if
we determine (in our sole discretion) that your site is unsuitable for
the Program for any reason, including harmful, threatening, defamatory,
obscene, illegal harassing, or racially, ethically, or otherwise
objectionable content, such as sites that
- promote sexually explicit materials.
- promote violence.
- promote discrimination based on sex,
religion, nationality, disability, sexual orientation, or age.
- promote illegal activities, infringe or
otherwise violate any copyright, trademark, or other intellectual
property rights.
2. Promotion of Our Affiliate Relationship
As an affiliate site, we will make available to you a variety of
graphic and textual links (each of these links referred to herein as
"Links" or, individually, as a "Link") which, subject to the terms and
conditions hereof, you may display on relevant areas of your site. The
Links will serve to invite visitors to your site to visit
AdultClothDiaper.com. These links may not identify your site as a
member of our Affiliate Program however they will establish a Link from
your site to ours.
3. Our
Responsibilities
We will be responsible for providing all information necessary to allow
you to make appropriate Links from your site to our site, however, all
Links must be submitted for review and approved in writing by us. We
will be solely responsible for processing orders placed on our site by
a customer following a Link from your site, tracking the volume and
amount of sales generated by your site, and providing information to
affiliate sites regarding sales statistics. We reserve the right to
reject orders. We will be responsible for order entry, payment
processing, shipping, cancellations, returns, and customer service
related to our site.
4. Other
Responsibilities for Affiliate Sites
In utilizing the Links, you agree that you will cooperate fully with us
in order to establish and maintain such Links. In order to permit
accurate tracking and reporting, you will be responsible for ensuring
that the Links between our site and yours are properly formatted.
If you qualify and agree to participate as an affiliate site in our
Program, you shall display Links prominently in relevant areas of your
site, subject to any and all limitations herein and with our consent.
As an affiliate site in the Program, you are entitled to earn
commissions as set forth below.
We have the right based on our sole discretion to review your site at
any time to determine if you are in compliance with the terms of this
Agreement.
You agree not to buy or encourage others to buy AdultClothDiaper.com
products through your Links for subsequent resale.
You agree that the Links will in no way affect or alter the look, feel,
or functionality of our site. Without limiting the generality of the
foregoing, you are expressly prohibited from framing our site in any
manner, including without limitation causing your site's tool bar to
appear on our site. You shall not alter, modify, or expand the Links in
any way without our express prior written consent.
5. Commission
Determination
Sales of AdultClothDiaper.com products will qualify for a commission
when all of the following conditions are met: 1) products are sold by
us, 2) products are purchased by users linking to our site from your
site through an approved Link, 3) products are shipped by us, and 4)
AdultClothDiaper.com has received full payment. Commission will be
based on the aggregate amount actually paid to us for qualifying
purchases, excluding amounts collected by AdultClothDiaper.com for
sales tax, duties, shipping and handling, returns, credit card fraud
and bad debt ("net sales"). All available items purchased online
through our site will be included in the computation of net sales.
Commission rates are as follows: Commission rate will be equal to 8% of
net sales for qualifying purchases. The commissions paid under this
Agreement are for use by you only and may not be transferred or in any
manner passed on to any third party unless expressly authorized in
writing by us.
6. Commission
Payment
When the total commissions due to you (based on qualifications listed
in section 5) exceed $50 US, we will send a commission check for the
applicable amount, less any taxes required, and a statement of activity
to you. Commission checks will be paid in US funds and statements of
activity will be sent approximately 30 days after the end of every
fiscal quarter. If the balance of your account is less than $50 US, we
will roll over the balance to the next quarter.
7. Reports of
Sales
You will be able to check your sales statistics through our
Netfusion.org. This site is password protected, and you will be given a
password. All information available at Netfusion, including sales
statistics, is our confidential information and is protected under
paragraph 17 herein.
8. Policies and
Pricing
Customers purchasing AdultClothDiaper.com products through the Program
will be deemed our customers. All rules, policies, terms and
conditions, and operating procedures concerning customer orders,
customer service, and AdultClothDiaper.com product sales will apply to
those customers. We may change our policies and operating procedures,
including pricing, at any time. We solely will determine the prices to
be charged for AdultClothDiaper.com products sold under the Program in
accordance with our own pricing policies. Prices and availability of
AdultClothDiaper.com products may vary from time to time and are
subject to change without notice. We will use commercially reasonable
efforts to present accurate information and maintain adequate inventory
levels, but we cannot guarantee the availability any particular product.
9. Publicity/Use
of Our Name
You cannot create, publish, distribute, or permit any material that
makes reference to us or uses our name or any of our trademarks without
first submitting such material to us and receiving our written consent.
10. Licenses and
Use of the AdultClothDiaper.com Logos and Trademarks
a. We grant you a non-exclusive, non-transferable, revocable right to
1) access our site through the Links solely in accordance with the
terms of this Agreement, and 2) to use our marks and logos only in the
forms that they appear on our site (or such other images or messages
for which we granted prior express written permission, hereafter "Pre-
approved Images") solely in connection with such Links and only as
permitted herein. You may not alter, modify, or change the Marks or
Pre-approved Images or message in any way. You are only entitled to use
the Marks to the extent that you are a member in good standing of the
Program.
b. You cannot make any use of any Marks or any Pre-approved Images for
purposes other than Links without first submitting a sample to us and
obtaining our prior written consent. You agree that you will not in any
way dispute, or do anything to impair the validity of our rights in our
Marks, our ownership and right to use and control the use of our Marks.
You further agree that all use of our Marks by you shall inure to our
benefit of and on behalf of us and agree that nothing in this Agreement
shall give you any right, title, or interest in our Marks other than to
use the Marks in connection with this Agreement. You agree not to use
the Marks in any manner that is disparaging or that otherwise portrays
us in a negative light. We may revoke your license at any time by
giving you written notice. This license shall terminate upon the
effective date of the expiration or termination of this Agreement.
c. You grant us a non-exclusive license to utilize your names, titles,
and logos ("Affiliate Marks") to advertise, market, promote, and/or
publicize in any manner, provided however that we shall not be required
to do so. This license shall terminate upon the effective date of the
expiration or termination of this Agreement.
11. Obligations
Regarding 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. Such responsibilities include, but are not limited to, the
technical operation of your site and all related equipment; the
accuracy and propriety of materials posted on your site (including but
not limited to, all AdultClothDiaper.com product related materials);
ensuring that materials posted on your site do not violate or infringe
upon the rights of any third party and are not libelous or otherwise
illegal.
We disclaim all liability for all such matters. Further, you will
indemnify and hold us harmless from all claims, damages, and expenses
including, but not limited to attorneys' fees, relating to the
development, operation, maintenance, and contents of your site.
You hereby agree that your site will not, in any way, copy or resemble
the look and feel of our site, nor will you do anything to create the
impression that your site is our site or a part of our site, including
without limitation, framing our site in any manner. You also hereby
agree that your site will not contain any content of our site or any
materials which are proprietary to AdultClothDiaper.com, except 1) with
our prior permission, or 2))the materials were obtained by you via the
AdultClothDiaper.com affiliate program in accordance with the
provisions hereof or the policies or instructions thereon. You further
hereby agree that your domain name does not and will not contain any of
the following words:, ADULTCLOTHDIAPER.COM, ALL TOGETHER DIAPER, ATD,
ACD, LEAKMASTER or any variation thereof.
12. Term of the
Agreement
The term of this Agreement will begin upon our acceptance of your
Affiliate Program application and will end immediately when terminated
by either party. Either party may terminate this agreement at any time,
with or without cause, by giving the other party written notice of
termination. If we terminate this Agreement or notify you of a breach
by you, you shall be required to remove all Links within twenty four
(24) hours of receipt of notice. You are only eligible to earn
commission on sales incurring during the term, and commissions earned
through the date of termination will remain payable only if the related
AdultClothDiaper.com product orders are not cancelled or returned. We
may withhold your final payment for a reasonable time to ensure that
the correct amount is paid.
13. Modification
We reserve the right to modify any terms and conditions contained in
this Agreement at any time. You will sent notification by email and a
change notice may be posted on our site. Modifications may include, but
are not limited to, changes of the scope of available commissions,
commission schedules, payment procedures, and Affiliate Program rules.
If any modification is unacceptable to you, your only recourse and sole
remedy 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 your binding acceptance of the
change.
14. Relationship
of Parties
The parties to this Agreement 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.
15. Disclaimers
We make no express or implied warranties or representations with
respect to the Affiliate Program or any AdultClothDiaper.com products
sold through the Affiliate Program (including without limitation,
warranties of fitness, merchantability, non-infringement, or any
implied warranties arising out of 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.
16.
Representations and Warranties
You hereby represent and warrant to us as follows and you will use the
Links only as authorized hereunder.
This agreement has been duly and validly executed and delivered by you
and constitutes your legal, valid, and binding obligation, enforceable
against you in accordance with its terms.
The execution, delivery, and your performance of this Agreement, and
your consummation of the transactions contemplated hereby will not,
with or without notice, lapse of time, or both, conflict or violate 1)
any provision of law, rule, or regulation to which you are subject, 2)
any provision of your by-laws or certificate of incorporation, or 3)
any Agreement or other instrument applicable to you or binding upon
your assets or properties.
You are the sole and exclusive owner of the Affiliate Marks and have
the right and power to grant us the license to use your trademarks in
the manner contemplated herein, and such grant does not and will not 1)
breach, conflict with, or constitute a default under any agreement or
other instrument applicable to you or binding upon your assets or
properties, or 2) infringe upon any trademark, trade name, service
mark, copyright, or other proprietary right of any other person or
entity.
No consent, approval, or authorization of, exemption by, or filing with
any governmental authority or third party is required in connection
with the execution, delivery, and performance of this Agreement or any
other action taken by you.
To the best of your knowledge there is no pending threatened claim,
action, or proceeding against you, or any affiliate of yours with
respect to the execution, delivery, or consummation of this Agreement,
or the Affiliate Marks. To the best of your knowledge, there is no
basis for any such claim, action, or proceeding.
You are an adult of at least 18 years of age.
17.
Confidentiality
Each of the parties hereto agrees that all information including,
without limitation, the terms of this Agreement, business and financial
information, product designs, customer and vendor lists; and pricing
and sales information, concerning us, you, or any of our affiliates
shall remain strictly confidential and secret. Such information shall
not be utilized, directly or indirectly, by such party for its own
business purposes, or for any other purpose, except and solely to the
extent that any such information is generally known or available to the
public through a source or sources other than such party hereto or its
affiliates. Notwithstanding the foregoing, each party is hereby
authorized to deliver a copy of any such information 1) to any person
pursuant to a subpoena issued by any court or administrative agency, 2)
to its accountants, attorney, or other agents on a confidential basis,
and 3) otherwise as required by applicable law, rule, regulation, or
legal process.
18. Limitation of
Liability
WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES,
OR ANY LOSS OR REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH
THIS AGREEMENT OR THE AFFILIATE NETWORK, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY
ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE NETWORK WILL
NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS
AGREEMENT.
19.
Indemnification
You hereby agree to indemnify and hold harmless us and our subsidiaries
and affiliates, and their directors, officers, employees, agents,
shareholders, partners, members, and other owners, against any and all
claims, actions, demands, liabilities, losses, damages, judgments,
settlements, costs, and expenses (including reasonable attorneys' fees
(any or all of the foregoing hereinafter referred to as "losses")
insofar as such losses, or actions in respect thereof, arise out of or
are based on 1) any claim that our use of the Affiliate Marks infringes
on any trademark, trade name, service mark, copyright, license,
intellectual property, or other proprietary right of any third party,
2) any failure or breach of any representation, warranty, covenant, or
agreement made by you herein, 3) any misuse of our name or trademarks,
or 4) any claim related to your site, including, without limitation,
content therein not attributable to us.
20. 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 websites that are similar
to or compete with your web site. You have independently evaluated the
desirability of participating in the affiliate network and are not
relying on any representation, guarantee, or statement other than as
set forth in this Agreement.
21. Governing Law
This agreement will be governed by the laws of the United States and
the State of Utah, without reference to rules governing choice of laws.
Any action relating to this Agreement must be brought in federal or
state courts located in Salt Lake City, Utah, and you irrevocably
consent to the venue and jurisdiction of such courts. You may not
assign this agreement, by operation of law or otherwise, without our
prior written consent. However, we shall have the right to assign our
rights hereunder to any of our related or affiliated entities. Subject
to that restriction, this Agreement will be binding on, inure to the
benefit of, and 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 or subsequently enforce such a provision or any other provision
of this Agreement.
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