AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
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THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Buckets-O-Fun, Inc.
As an authorized affiliate (Affiliate) of Buckets-O-Fun.com, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Buckets-O-Fun.com as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to Buckets-O-Fun.com by your own website or personal referrals.
By signing up for the Buckets-O-Fun.com Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. There is no legal recourse for the rejection of your Affiliate Program Application.
2. Commissions
Commissions for Buckets-O-Fun.com affiliates will be paid out upon request. For an Affiliate to receive a commission, the account must obtain a minimum of $50 in commission.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Buckets-O-Fun . 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
3. Termination
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, etc.)
- Spamming (mass email, mass newsgroup posting, etc.)
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Advertising on sites containing or promoting illegal activities, inappropriate, and explicit materials
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
- Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
- You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Buckets-O-Fun.com or any other affiliated business.
In addition to the foregoing, Buckets-O-Fun.com reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or for no reason. Written notice is required and can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
4. Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise Buckets-O-Fun.com in online and offline classified ads, magazines, and newspapers. You may use the graphics and text provided by us, or you may create your own.
5. Promotion Restrictions
You are free to promote your own web sites, but naturally any promotion that mentions Buckets-O-Fun could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Buckets-O-Fun. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Buckets-O-Fun so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Buckets-O-Fun so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Buckets-O-Fun. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Buckets-O-Fun Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
6. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
7. Liability
Buckets-O-Fun.com will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties. We make no claim that the operation of the Program and/or our website will be error-free and we will not be liable for any interruptions or errors.
8. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by Buckets-O-Fun.com at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, you must terminate your Affiliate account. Your continued participation in the Program will constitute your acceptance of any change.
9. Indemnification
Affiliate shall indemnify and hold harmless Buckets-O-Fun.com and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Buckets-O-Fun.com to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
10. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Oregon. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Portland, OR.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
11. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in Buckets-O-Fun.com affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Share a Sale and/or the Buckets-O-Fun.com application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
12. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
