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IMPORTANT – Please read carefully below, the terms and conditions for our affiliate program.
STACY TUSCHL LLC AFFILIATE PROGRAM
ST offers the Program, through which approved companies operating their own Websites (“Affiliate(s)”) are granted a revocable, limited and non-exclusive right to:
- advertise and promote ST and ST’s Websites (only as approved by ST);
- post hyperlinks (“Link”) directing individuals to ST and its Websites; and
- direct visitors from the Affiliate’s Website to a specific URL or landing page designated by ST (“Destination Site”).
Affiliates may earn an “Affiliate fee” for each “Qualified Purchase” (as defined below).
**At ST’s discretion, it may allow individuals and/or companies to distribute a Link via printed materials. This agreement shall apply in full force to those individuals, as if the printed materials were a Website under this Agreement. Those individuals must physically sign this Agreement on a separate signature page.
Participation in the Program is subject to ST approval, which may be withheld in ST’s sole discretion. Affiliate must submit the URL for each Website for which the Affiliate is seeking approval.
- ST/Affiliate License to Use Marks.
Subject to the limitations set forth in this Agreement, ST grants Affiliate a non-exclusive, non-transferable, revocable license to (i) access our site through the links solely in accordance with the terms of this agreement and (ii) solely in connection with such links, to use the ST’s trademark and logos and similar identifying material relating to us (but only in the form(s) that they are approved by ST) (collectively, the “Marks”), for the sole purpose of the Program. Affiliates may not alter, modify, or change the Licensed Materials in any way. Affiliates are only entitled to use the Licensed Materials to the extent that Affiliate is a member in good standing of the Program. Affiliate shall not:
- make any specific use of any Marks for purposes other than the Program. Affiliate agrees not to use the Marks in any manner that is disparaging or that otherwise portrays ST, or its websites in a negative light. ST reserves rights in the Marks and of other proprietary rights. We may revoke Affiliate’s license at any time, by giving Affiliate written notice. If not revoked, this license shall terminate upon expiration or termination of this Agreement.
- Affiliate grants to ST a non-exclusive license to utilize Affiliate’s names, titles, and logos, as the same may be amended from time to time (the “Affiliate TradeMarks”), to advertise, market, promote, and publicize the Program.
This Agreement does not give Affiliate any right, title or interest any ST logo or mark. All rights not expressly granted in the Agreement are reserved by ST.
The Affiliate’s right to use the Marks is limited to and arises only out of the license granted hereunder. This license may be immediately terminated upon notice from ST and shall automatically terminate upon any termination or expiration of this Agreement.
Affiliate shall not assert the invalidity, unenforceability, or contest the ownership by ST of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice ST’s right, title or interest in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
Affiliate agrees not to register or attempt to register any phrases, Marks or logos that would cause confusion, or be likely to cause confusion, with any of the ST’s Marks.
Affiliate agrees that its efforts may not result in Qualified Purchases.
Affiliate acknowledges ST rights in and to the Marks and any display by Affiliate of Marks will inure to the sole benefit of ST.
Affiliate’s use of the ST’s graphical and textual Links must comply with the following:
- The Link between the Affiliate’s Website and ST Destination Site must be a direct Link (e.g., no interstitials, pop-up windows or);
- The Link between the Affiliate’s Website and ST Destination Site may not signify that it is Affiliate’s Link;
- The Link between the Affiliate’s Website and ST Destination Site may not contain any trojan horses, spyware, worms, time bombs, viruses or other harmful programming routines; and
- Affiliate must ensure that each of the Links between its Website and the Destination Site properly utilize the unique ST provided link in order to permit accurate tracking, reporting and credit for Affiliate fee payments. Affiliates will only earn Affiliate fees with respect to activity on the Destination Site occurring directly through the ST provided Links. ST will not be liable to pay Affiliate for Qualified Purchases that are received from non-ST provided Links.
- Usage Guidelines.
ST requires that artwork in connection with ST and its products be approved by ST.
- Advertising Restrictions.
Affiliate’s Website shall not use domain names which are similar to the Marks, the Destination Site or to ST Website.
Further, Affiliate shall not:
- make or publish any statement, claims, representation or warranty about ST products or services unless expressly authorized by ST in writing;
- misrepresent the services provided by ST or the services offered by the ST Website;
- imply any type of affiliation or relationship with ST, other than that of advertiser;
- solicit visitors by telemarketing;
- solicit visitors by pop-up advertisements; or
- any monetary or promotional incentive to complete an action on the Destination Site, unless expressly authorized by ST.
In connection with the advertising,
- Affiliate shall not employ any means, method or device to monitor, track or record any information about a visitor’s usage on the Destination Site;
- ST shall be the sole owner of all data and personal information gathered on the Destination Site and through the Link to the Destination Site;
- Affiliate’s Website shall employ its best efforts to safeguard and protect visitor information from loss, misuse and unauthorized disclosure.
- Qualified Purchases.
ST will only pay an Affiliate fee for “Qualified Purchases” that:
- originate from a click on an approved ST advertisement;
- result in purchase of one or more of ST’s products and
- be received by ST during the term of this Agreement before termination.
Affiliate agrees that ST may seek a refund from Affiliate any Affiliate fees paid or credited to Affiliate with respect to purchases that do not meet the above criteria and/or were paid by mistake.
- Representations, Warranties and Covenants.
Affiliate represents and warrants that:
- Affiliate is organized, validly existing, and in good standing under the laws of the state or country of Affiliate’s origin;
- Affiliate complies with the provisions of the CAN-SPAM Act of 2003 and with the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16 C.F.R. Part 310);
- Affiliate will immediately notify ST, in writing, if it receives any complaints or notices from any governmental agencies (including any third party claims asserted in state or federal courts) referencing a violation of any federal, state and local laws and regulations and particularly, the provisions of the CAN-SPAM Act of 2003 and with the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16 C.F.R. Part 310);
- Affiliate will indemnify, defend, and hold harmless ST from any and all third party claims resulting or arising from Affiliate’s acts or omissions;
- Affiliate has the power and authority to enter into this Agreement and to carry out and perform its obligations under the terms of this Agreement;
- this Agreement has been authorized, executed, and delivered by Affiliate and is a valid and binding obligation of Affiliate enforceable in accordance with its terms;
- the execution and performance of and compliance with this Agreement does not and will not conflict with, or constitute a default or violation under, nor result in the breach of: (a) any term of Affiliate’s governing documents; (b) any term or provision of any contract or agreement to which Affiliate is a party; or (c) any order, code, regulation or law applicable to Affiliate.
- Disclaimer of Warranties and Limitation of Liability.
THE DESTINATION SITE IS PROVIDED ON AN “AS IS” BASIS AS DEFINED IN THE WEBSITE’S TERMS AND CONDITIONS. FURTHER, ST WILL NOT BE LIABLE TO AFFILIATE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL ST’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE FEES PAID TO YOU UNDER THIS AGREEMENT. ST MAKES NO WARRANTIES AS TO THE CONTINUED EXISTENCE OF THE PROGRAM. ALL OFFERS AND ADVERTISEMENTS THROUGH THE PROGRAM SHOULD BE CONSIDERED LIMITED TIME OFFERS. THE SERVICES ARE OFFERED THROUGH KAJABINEXT.COM, YOU AGREE THAT ST SHALL NOT BE LIABLE FOR ANY ACTIONS PERFORMED OR OMITTED BY KAJABINEXT.COM
- Term and Termination.
The term of this Agreement shall be continuous, unless and until either party notifies the other in writing, with seven days advanced notice, that such party desires to terminate the Agreement.
This Agreement may be terminated immediately, without penalty, by ST in the event that Affiliate:
- engages in any illegal activity of any type, including but not limited to displaying illegal content on its Website and/or in its subscription e-mails or offering any illegal goods or services through its Website and/or subscription e-mails;
- uses its Website or any Links therefrom to promote, any content which ST believes is inappropriate in any way;
- engages in indiscriminate or unsolicited advertising;
- places Links to the Destination Site anywhere except Affiliate’s Website or email list;
- employs the services of any firm that utilizes spyware or similar applications in connection with any Website on which Links to the Destination Site appear;
- allows third parties to place Links to the Destination Site without ST prior written permission;
- breaches the provisions of this Agreement; or
- dilutes, blurs or tarnishes the value of ST Marks.
Upon termination of this Agreement for breach, ST will be released from all obligations and liabilities owed to Affiliate.
For purposes of notification of termination, delivery via email is considered a written and immediate form of notification.
Termination of this Agreement will not relieve Affiliate from any liability arising from any breach of this Agreement.
Unless otherwise stated, upon termination of this Agreement:
- Qualified Purchases obtained through Affiliate’s efforts shall not constitute a continuation or renewal of this Agreement or a waiver of such termination;
- Affiliate shall not be entitled to Affiliate fees for Qualified Purchases delivered after the date of termination;
- Affiliate shall be entitled only to unpaid and undisputed Affiliate Fees, earned by Affiliate prior to the date of termination;
- all rights and licensees granted to Affiliate shall immediately terminate and, as such, Affiliate will promptly cease all uses of any trade names, trademarks, service Marks, logos and other designations of ST or the Program; and
- Affiliate shall return to ST any confidential information, and all copies thereof, in its possession, custody and control.
- Confidential Information.
Any information that Affiliate is exposed to by virtue of its relationship with ST under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Company Information.” Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from ST. Confidential Company Information includes, but is not limited to, any information disclosed in conversations regarding potential products and/or strategies discussed with potential or current Affiliates.
- Additional Terms.
Assignment: Neither Party may, without the prior written consent of the other Party, assign, subcontract, or delegate its obligations under this Agreement, except that ST may transfer the right to receive any amounts that may be payable to it for its Services under this Agreement, which transfer will be effective only after receipt by the Affiliate of written notice of such assignment or transfer.
No Implied Waiver. The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party’s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the reminder of the Agreement shall remain in full force and effect and shall in no way be impaired.
Entire Agreement. This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or understandings, whether written or oral.
Modification. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
Choice of Law and Venue. This Agreement has been made in the State of Wisconsin and shall be construed and enforced in accordance with Wisconsin law for contracts made and performed in the State of Wisconsin. Any action to enforce this Agreement shall be brought in the Wisconsin federal or state courts (for the County of Milwaukee), the parties hereby by consenting to such exclusive jurisdiction and venue.
Notice. Official notices should be sent to ST via certified mail to: Stacy Tuschl, LLC, PO Box 321073, Franklin, WI 53132. Notices for termination can be sent via email at firstname.lastname@example.org.
Independent Contractor. Participation in the Program does not constitute an employment, broker or agency relationship, between Affiliate and ST, nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.
BY CLICKING ON THE BUTTON BELOW, YOU ARE SIGNIFYING THAT YOU INTEND TO BE BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT IN INK.