1. AGREEMENT. In this Affiliate Agreement ("Agreement"), "we", us" and "our" refer to Mind2Print.com and "Services" refers to the Affiliate Program, services provided by us. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a affiliate name (including any updates to such information), whether during or after the term of your registration of the affiliate name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your affiliate name registration information by us.
2. JOINING THE PROGRAM. By filling out the affiliate signup form you will automatically become a Mind2Print.com affiliate. Your participation in the program is solely for this purpose: to legally advertise the Mind2Print.com site and products and receive a commission on sales generated by your referrals. You also agree to receive periodic mailings to affiliates regarding the Mind2Print.com affiliate program.
3. REVOCATION OF AFFILIATE STATUS. Your affiliate application and status in the program may be suspended or terminated for any of the following reasons: Inappropriate advertisements (False claims, misleading hyperlinks), Spamming (mass email, mass newsgroup posting, etc...), Advertising on sites containing/promoting illegal activities, Violation of intellectual property rights (copying Mind2Print.com material).
4. LINKING TO Mind2Print.com. You may use graphic and text links both on your website and in emails. Mind2Print.com may also be advertised "offline" in classified ads, magazines, and newpapers. You may use the graphics and text provided to you by Mind2Print.com, or you may create your own as long as they are deemed appropriate according to the conditions in 2.
5. AFFILIATE COMMISSIONS. You will be paid referral fees for every Mind2Print.com product purchased with credit card or paypal.com. This referral fee will be 15% of the final purchase price. If the referred product was refunded, or money was reimbursed, Mind2Print.com reserves the right to deduct the appropriate commissions from the affiliate`s account. Mind2Print.com does not give a commission when an affiliate makes a Mind2Print.com purchase and generates a commission for themselves.
6.AFFILIATE TRACKING.After signing up for the program you will receive a unique affiliate url which you will use to advertise our website. When someone clicks through this url a cookie will be set in their browser with your affiliate ID and their IP address will also be logged with your affiliate ID. During that visit to our website or any later visit, when a purchase is made the commission will be given based on the existence of the cookie or a match of the IP address in the database.
7. TERMS OF AGREEMENT. You agree that this Agreement will remain in full force during the term of your Affiliate registration as selected, recorded, upon registration. Should you choose to continue the term of your Affiliate registration, then the term of this Agreement will be extended accordingly. These terms will begin upon your signup with the affiliate program and will end when either you or Mind2Print.com terminates your affiliate status.
8. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on
notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You agree that, by maintaining the reservation or registration of affiliate name after modifications to the Terms & Conditions Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your affiliate name be deleted from the affiliate database. The terms of this agreement may be modified at any time byMind2Print.com. If any modification is unacceptable to you, your only choice is to terminate your affiliate status. Your continuing participation in the program will constitute your acceptance of any change.
9. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your affiliate identifier and the password that you were provided when you opened your account with us. Please safeguard your affiliate identifier and password from any unauthorized use. In no event shall Mind2Print.com be liable for the unauthorized use or misuse of your affiliate identifier or password.
10. LIABILITY. Mind2Print.com will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program. We make no claim that the operation of Mind2Print.com will be error-free and will not be liable for any interruptions or errors. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the extent
permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your affiliate identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we shall not be liable for any loss of registration and use of your affiliate name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
11. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney"s fees, from claims by third parties, including but not limited to Mind2Print.com relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
12. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration of your affiliate. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you.
13. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
14. REVOCATION. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your affiliate registration shall constitute a material breach of this Agreement and be a basis for cancellation of the affiliate registration.
15. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register or reserve your chosen affiliate name within thirty (30) calendar days from receipt of your affiliate registration. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your affiliate name or register you for other Services.
16. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
17. NON-AGENCY. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
18. ENTIRETY. You agree that this Agreement, the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
19. GOVERNING LAW. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of California.Any action relating to this Agreement must be brought in California and you irrevocably consent to the jurisdiction of such courts.
20. INFANCY. You attest that you are of legal age to enter into this Agreement.
21. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.