participation in our Affiliate Program. As used in this Agreement, "we" or "us"
refers to HomeOfficeWorkouts.com. and "you" refers to the applicant. You must be
18 years of age or older to enter into this Agreement with us.
- How Do I Enroll in Your Affiliate Program? To begin the
enrollment process you must submit a completed Affiliate Program application.
Upon receipt of your application we will evaluate it and notify you of its
acceptance or rejection. Although we hope your application will be successful,
we reserve the right to reject applications for any or no reason. For example,
we may reject your application if we determine that your site is unsuitable for
the Program, including if it:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on
any copyright, trademark or other intellectual property rights or to violate the
law
- Includes "HomeOfficeWorkouts.com" or variations or misspellings thereof in
its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene,
harassing, or racially, ethnically or otherwise objectionable to us in our sole
discretion.
- Purchase or bid for placement of any of HomeOfficeWorkouts.com 's
trademarked company names. These names include: (HomeOfficeWorkouts -
HomeOfficeWorkouts.com) and any variation of our trademarked name.
If we reject your application, you are welcome to reapply to the Program at any
time. You should also note that if we accept your application and your site is
later determined (in our sole discretion) to be unsuitable for the Program, we
may terminate this Agreement at any time. We will not be liable to you for any
costs, damages or lost profits as a result of our termination of this Agreement.
- How Do I Link to HomeOfficeWorkouts.com? Once we notify you
that your application has been accepted, we will make available to you banner
advertisements, buttons and/or text links to our site. The links we may make
available could be in the form of:
These links will allow your visitors to enter our site and enable us to keep track of the
sales you may earn if they purchase products from us. If we accept your
application, we will provide you with instructions describing how to include and
maintain links to our site. To permit accurate tracking, and reporting the links
we provide you are in a special "tagged" link format, or "Tagged Links". You are
responsible for ensuring that each of the links between your site and our site
is a Tagged Link. You agree not to modify the Tagged Links in any way.
- How are Customer Orders Processed? We will process orders
placed by customers who enter our site via Tagged Links. We reserve the right to
reject any orders that do not comply with our policies or conditions at the time
of the order. We will be responsible for all aspects of order processing and
fulfillment. Among other things, we will prepare order forms, process payments,
cancellations and returns and handle customer service. We will track sales made
to customers who purchase using Tagged Links and will make available to you
reports summarizing this sales activity. The form, content, frequency and method
of delivery of the reports may vary from time to time in our sole discretion.
- How Do I Get Paid? We will pay you when visitors from your
site use the Tagged Link to purchase products from us. Referral fees are
calculated based on a percent of the "Net Sales" from "Qualifying Purchases"
made during a "Session". The percent is specified in referral fee schedules to
be established by us. "Net Sales" shall mean gross shipped sales from Qualifying
Purchases less: Returns Postage, shipping and handling charges Sales, use or
other like taxes "Qualifying Purchases" shall mean a purchase of a product
offered on our site that meets the following criteria: The purchase must be
completed on our site. The purchase must be made via a valid credit card. No
phone orders. The ship-to address must be a domestic U.S. address. The purchase
must be completed during a "Session" (defined below). "Session" shall mean the
period beginning upon a visitor's entry to our site via a Tagged Link
(regardless of whether the visitor leaves and then returns to the site) and
ending 7 days thereafter if the visitor accepts "cookies" from our site (see
explanation below). Any Session in progress will automatically terminate upon
the expiration or termination of this Agreement or upon the visitor deleting our
cookie. Note regarding Net Sales - Net Sales include only "shipped" sales.
Orders entered for which the product does not ship are not reported as sales.
Note regarding "Cookies": To keep track of the Session, we use a small text file
called a "cookie" that is placed on the hard drive of the visitor's computer.
Some web browsers permit users to elect not to receive cookies. Only visitors
who accept cookies can be tracked for referral fees. You understand that no
referral fee can be paid for any purchase made by a visitor who does not accept
"cookies" or who has deleted our "cookies" during a session.
- How Much Do I Get Paid? We will pay you up to 51% of all
sales, depending on the product and individual affiliate agreement.
- Who Sets the Policies and Pricing for Customers? Customers
who buy products through this Program will be deemed to be our customers.
Accordingly, all rules, policies, and operating procedures concerning customer
orders, customer service and product sales from and by Our Company.com will
apply to those customers. Also, the terms, conditions and policies of our site
will apply to the visitors' conduct and their rights and obligations while
visiting our site. We have the right to change our policies and operating
procedures at any time. For example, we will determine the prices to be charged
for products sold under this Program in accordance with our own pricing
policies. Because product prices and availability may vary from time to time, we
cannot permit you to include pricing or product descriptions on your site
independent of the materials we provide in the Links. We will use commercially
reasonable efforts to present accurate information, but we cannot guarantee the
availability or price of any particular product. You are responsible for
periodically visiting, reviewing and becoming familiar with the terms and
conditions sections of HomeOfficeWorkouts.com site, which are incorporated into
this Agreement by reference
- Ownership and License. We hereby grant you a limited,
non-exclusive, nontransferable, non-sub licensable, revocable right to use the
graphic images and text we are providing to you solely for the purpose of
creating links from your site to ours. You may not modify the graphic image or
text, or any other of our images, in any way, or engage in "site framing" or
similar processes. We reserve all of our rights in the graphic image and text,
any of our trade names, trademarks, domain names, copyrights trade dress and any
other intellectual property rights. You agree to follow our guidelines for use
of our trademarks, as those guidelines may change from time to time, in
addition, you agree not to use our trademark in any search engine keyword
optimization. We may revoke your license at any time by giving you written
notice. You also agree that you shall use the Tagged Links only in order to link
to our site and to promote your ability to do so pursuant to this Agreement. You
agree that you shall not present the Tagged Links or any images comprising them
in combination with any other name or mark, in connection with your own goods or
services, or in any manner that may suggest or imply that you or your goods or
services are supplied by, sponsored by, endorsed by or affiliated with
us.
- You are Responsible for 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. For example, you will be solely
responsible for:
- The technical operation of your site and all related equipment · posting and
maintaining links to our site
- The accuracy and appropriateness of materials posted on your site
- Ensuring that materials posted on your site do not violate or infringe upon
the rights of any third party (including, for example, copyrights, trademarks,
privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise
illegal We disclaim all liability for these matters.
Further, you will indemnify and hold us harmless from all claims, damages, and expenses
(including, without limitation, reasonable attorneys' fees) relating to the
development, operation, maintenance, and contents of your site.
- How Long is the Term of this Agreement? The term of this
Agreement will begin upon our acceptance of your 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 notice of termination in
accordance with the notice provision of this Agreement. Upon the termination of
this Agreement for any reason you will immediately cease use of, and remove from
your site, all links to our site, and all HomeOfficeWorkouts.com or
HomeOfficeWorkouts.com trademarks, trade dress and logos, and all other
materials provided by or on behalf of us to you pursuant hereto or in connection
with the Program. You are only eligible to earn referral fees on Qualifying
Purchases occurring during the term, and referral fees earned through the date
of termination will remain payable only if the related orders are not canceled
or returned. We may withhold your final payment for a reasonable time to ensure
that the correct amount is paid.
- Can this Agreement be Modified? 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 our site.
Modifications may include, for example, changes in the scope of available
referral fees, referral 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 THREE DAYS
AFTER OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
- What is the Legal Nature of our Relationship? You and we
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. This is a binding contract between you and us. By
completing the application and by clicking on the "Agree" button below, you
indicate your willingness to be bound by this Agreement.
- Our Liability to You is Limited. 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 this Agreement.
- More "Fine Print" 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 fitness, merchantability,
non-infringement or any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition, we make no representation
that the operation of our site or the links or Tagged Links will be
uninterrupted or error-free, or will not be re-routed or "black holed." As a
result, we might temporarily be unable to capture information regarding Tagged
Links. We will not be liable for the consequences of any such interruptions or
errors. The Program is intended for commercial use only. 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 OR MAINTAIN AFFILIATES ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED
IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN
THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT. Notices to you are effective if
provided in writing to the postal addresses, electronically to the e-mail
address set forth in the application or if posted on our website. Notice to us
may be given in writing to HomeOfficeWorkouts.com, 41 Brick Kiln Lane,
Pembroke, MA 02359, Attention Affiliate Marketing Program; or by e-mail at
affiliates@HomeOfficeWorkouts.com. This Agreement will be governed by the laws
of the state of Massachusetts without reference to rules governing choice
of laws. Any action relating to this Agreement must be brought in the federal or
state courts located in Boston, Massachusetts and you irrevocably consent
to the jurisdiction of such courts. You may not assign this Agreement, by
operation of law or otherwise, without our prior written consent. 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 performance of any provision of this Agreement will not
constitute a waiver of our right to subsequently enforce such provision or any
other provision of this Agreement.