BeachBums.biz Affiliate Agreement***DO NOT USE SPAM TO PROMOTE ANY OFFER!***
Send your messages ONLY to those you have permission from. We ALWAYS report spammers to the authorities. Spammers will lose any and all commissions they might otherwise have been entitled to, and will be held responsible for any and all costs and loss of business to us, our site and our other affiliates, resulting directly or indirectly from their actions.
The following are terms and conditions for participating in the BeachBums.com Affiliate Program.
Teri & Doug Champigny and Brandy & Xavier Nelson reserve the right to amend this agreement as needed from time to time, and you, the Affiliate agree that any such amendment will apply to you. The continuation of your Affiliate status or your acceptance of income or bonuses shall constitute your acceptance of any and all amendments.
For the purpose of this document, "Affiliate" refers to you, your company or companies, your partners, heirs, agents and assigns. "BeachBums.biz" refers to Teri & Doug Champigny and Brandy & Xavier Nelson, their employees, agents, assigns, heirs, websites, affiliate programs and operations.
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1. Affiliate agrees that BeachBums.biz's Affiliates are independent contractors and not employees, agents, partners, legal representatives, or franchisees of BeachBums.biz. Affiliate further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of BeachBums.biz.
2. Affiliate must be of the age of majority in his/her state or country.
3. All Affiliate applications are subject to approval by BeachBums.biz.
4. Affiliate agrees to receive BeachBums.biz e-mail, including but not restricted to sales reports, training, newsletters, e-zines and updates.
5. Affiliate agrees to present BeachBums.biz's products and services as set forth on the various official BeachBums.biz Websites. Affiliate will make no claims regarding potential income, earnings, products, or services beyond what is stated on said sites.
6. Affiliate agrees not to disparage BeachBums.biz, other BeachBums.biz Affiliates, BeachBums.biz products, BeachBums.biz's affiliate compensation plan, BeachBums.biz employees, or BeachBums.biz's Independent Contractors. Affiliate understands that disparagement may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions.
7. Affiliate agrees to not utilize SPAM in promoting BeachBums.biz. This action may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of BeachBums.biz's Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by BeachBums.biz. Any service interruptions to BeachBums.biz sites, business or other affiliates as a result of Affiliates spamming will be billed to Affiliate at $200 U.S. dollars per hour until service is restored, in addition to any real or potential losses incurred by BeachBums.biz.
For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about BeachBums.biz, who has not specifically requested the information directly from Affiliate. BeachBums.biz also considers ANY type of advertisement about BeachBums.biz posted to a newsgroup or chat room to be spam, unless said resource specifically allows such postings in writing. Violators may be fined at $50 U.S. dollars per incident.
8. Affiliate agrees to provide BeachBums.biz with a valid e-mail address upon registration, and notify BeachBums.biz of any changes thereto. Affiliate understands that the use of an autoresponder e-mail address as your contact e-mail is prohibited.
9. Although the BeachBums.biz Affiliate Program is available anywhere PayPal operates, all payments will be made in U.S. dollars. Affiliate commissions shall normally be paid by PayPal and sent out monthly by the 15th for the previous month's sales. If a sale is canceled or refunded after the reulting commission has been paid, the related commission will be deducted from a subsequent payment.
10. Affiliate will be issued an "Affiliate Link", a unique URL which allows BeachBums.biz to identify visitors from Affiliate site as originating from Affiliate. These visitors are tracked with this unique URL, and sales are recorded with the appropriate Affiliate ID. To receive commissions, Affiliate must use the provided Affiliate Link. The URL may be in various forms, such as a banner, image, or text link. BeachBums.biz will not be responsible for commissions on any orders not sent through Affiliate's properly-configured link.
11. Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to qualify for commissions.
12. BeachBums.biz is not responsible for technical problems, service/website outages, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.
13. BeachBums.biz will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, Affiliate understands that Affiliate tracking can never be 100% accurate and BeachBums.biz is not responsible for inaccuracies that might occur beyond it's control. Tracking of Affiliate sales depend on several factors, technical and otherwise, which are beyond the control of BeachBums.biz. It is BeachBums.biz's goal to make Affiliate tracking as accurate as possible. However, BeachBums.biz cannot guarantee 100% tracking for situations beyond it's control.
14. BeachBums.biz reserves all rights in or to it's websites, graphics, trademarks and servicemarks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display any BeachBums.biz-owned logo, image, or trademark which may be distasteful, defame, or misrepresent BeachBums.biz.
15. Affiliate shall follow BeachBums.biz's advertising guidelines and agrees not to misrepresent BeachBums.biz's products or services. Affiliate agrees to use only BeachBums.biz-approved ads. You may submit your own ads for BeachBums.biz's approval. They must be approved, however, before you can publish them. Affiliate further understands that prohibited sites for advertising BeachBums.biz's products or services include: Websites that promote sexually explicit material or violence; sites that promote discrimination based on race, sex, religion, national origin, or physical disability; sites that promote illegal activities.
16. Affiliate may not assign rights or delegate duties under this Agreement without the prior written consent of the BeachBums.biz partners.
17. BeachBums.biz shall not be held liable for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if BeachBums.biz has been advised of the possibility of such damages. BeachBums.biz's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by BeachBums.biz under this agreement.
18. Affiliate agrees not to present others' creative works—in full or in part—as his or her own nor engage in violation of copyright agreements for any reason. Such violations could result in suspension or termination of membership and forfeiture of any unpaid commissions.
19. BeachBums.biz makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.
20. Both BeachBums.biz and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other. If terminated, outstanding commissions at time of termination shall be paid in the next payment so long as the terms of this agreement were not violated by the Affiliate. Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.
21. In the event that any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
22. Affiliate understands that BeachBums.biz reserves the right to purge the main affiliate database monthly of all affiliates who have been designated as "inactive" for a period of six months or more.
23. This agreement will be governed by and construed in accordance with the laws currently in effect in the Province of Ontario, Canada. This agreement is further governed by and construed in accordance with the laws of Canada.
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DISCLAIMER:
BeachBums.biz hereby disclaims all express and implied warranties for all products, goods or services, including the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE. All products, goods, or services are provided AS IS with respect to BeachBums.biz. Any warranty or other remedy offered by the original manufacturer or party offering any services, if any, is offered only by such entity and not by BeachBums.biz.
BeachBums.biz's obligations and your remedies hereunder are solely and exclusively as described and limited herein. BeachBums.biz's liability, whether based on contract, tort, warranty, strict liability, or other theory, shall not exceed the price of the individual unit of goods, products, or services of which the alleged defect or damage is the basis of the claim. In no event shall BeachBums.biz be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage.
BeachBums.biz's display of any products, goods, or services offered by or originating from a party other than BeachBums.biz are not intended nor offered as information or data comprising any claim or representation as to such products, goods, or services by BeachBums.biz. Any ultimate purchase of any product, good, or service from BeachBums.biz is made subject to the law of the Province of Ontario, which substantive law shall control the relationship of the parties.
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ARBITRATION:
Any controversy, dispute or claim between BeachBums.biz and any other party arising out of/or involving any of BeachBums.biz's business relationships shall be resolved by binding arbitration. This arbitration agreement does not cause waiver or modification of either party's right to legal proceedings in a court residing in Welland, Ontario, Canada to enforce any unpaid monetary debts by either party, as awarded by the arbitrator following Binding Arbitration. The parties agree to such venue as the forum of choice of the parties.
The arbitrator shall apply Ontario substantive and procedural law to the proceeding. The demand for arbitration must be in writing and must be made by the aggrieved party within 90 (ninety) days of the event giving rise to the demand. The arbitration shall take place in Welland, Ontario.
The arbitrator's power to award a remedy shall be limited to monetary damages. Should either party wish to seek injunctive relief or other non-monetary relief, such claims shall be brought exclusively in a court of competent jurisdiction located in the City of Welland, Province of Ontario, Canada.
The arbitrator shall determine if there is any prevailing party, and the prevailing party shall be awarded only such fees and expenses as are permitted under the law of the Province of Ontario. The fees for the arbitrator shall be paid equally by both parties. The parties understand and acknowledge that by agreeing to arbitration, they are giving up any right they may have to a judge or jury trial with regard to all issues subject to arbitration.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
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Affiliate is required to do Due Diligence before entering into this agreement and/or promoting any offer, program, product or website owned and/or operated by BeachBums.biz. Proper legal, accounting, business and other professional advice should be sought from legally-authorized licensed professionals before entering into any binding agreement.
If you required further clarification of BeachBums.biz's policies, please contact BeachBums.biz at BeachBums.biz.