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Enrollment
in the Program: You will submit a complete Affiliate
Program application from our site. After we carefully review
your application, we will notify you of your acceptance or
rejection to the Program. We may reject your application (at
our sole discretion) if we feel your site is unsuitable or
inconsistent with the mission of BC Bud Depot. If your
site is accepted, the BC Bud Depot may terminate this Agreement
anytime thereafter if your site is determined (at our sole
discretion) to be unsuitable for the Program.
Promotion
of Our Affiliate Program: Upon your acceptance as an
Affiliate Site, we will make available to you (via BC Bud Depot
Affiliate website) a variety of graphic and textual links (the
"Links"), which you may display as often and in as
many areas of your site as you desire. The Links will serve to
identify your site as a member of the BC Bud Affiliate Network
and will establish a link from your site to ours.
BC Bud Depot
Agrees to: Pay Affiliates 10% of all sales revenue from links to the BC Bud Depot website. Affiliates are
paid on a monthly basis providing your account has reached a
minimum of $50.00. Accounts with a balance of less than $50.00
will roll over to the next month.
Affiliate
Agrees to: Place BC Bud Depot links on your site. Have
sole responsibility for the development, operation, and
maintenance of your site and for all the materials that appear
on your site. Ensure that all materials posted on your site are
not illegal and do not infringe on the rights of any person or
entity of any kind. We disclaim all liability for all materials
on your site. Indemnify, defend, and hold us harmless from all
claims, damages, and expenses relating to the development,
operation, and contents of your site. Make sure that your site
does not copy or resemble the look and feel of BC Bud Depot or
create the impression that your site is our site or a part of
our site. Submit the URLs for all sites you plan to use to
promote BC Bud Depot via e-mail to info@bcbuddepot.com
Publicity You shall not create, publish, distribute, or permit
any written material that makes reference to us without first
submitting such material to us and receiving our consent.
Confidentiality:
Except as otherwise provided in this Agreement or with the
consent of the other party hereto, each party agrees that all
information, including, without limitation, the terms of this
Agreement, business and financial information, customer and
vendor lists, and pricing and sales information, concerning us
or you, respectively, or any of our Affiliates provided by or
on behalf of any of them shall remain strictly confidential and
secret and shall not be utilized, directly or indirectly, by
such party for its own business purposes or for any other
purpose except and solely to the extent that any such
information is generally known or available to the public
through a source or sources other than such party hereto or its
affiliates.
Limitation
of Liability: 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 Affiliate Network, even if we have been advised of the
possibility of such damages. Further, our aggregate liability
arising with respect to this Agreement and the Affiliate
Program will not exceed the total commissions paid or payable
to you under this Agreement.
Limited
License: We grant you a nonexclusive, nontransferable,
revocable right to access our site through the Links solely in
accordance with the terms of this Agreement, for the sole
purpose of linking your site to our site, solely for the
purpose of identifying your site as a participant in the
Program and assisting in increasing membership in the BC Bud
Depot. You may not alter, modify, or change the Links in any
way. You are only entitled to use the Links to the extent that
you are a member in good standing of the BC Bud Depot Affiliate
Program. We may revoke your license anytime by giving you
written notice.
Disclaimers:
We make no express or implied warranties or representations
with respect to the BC Bud Depot Web site or the BC Bud Depot
Affiliate Program (including, without limitation, warranties of
fitness, merchantability, noninfringement, or any implied
warranties arising out of course of performance, dealing, or
trade usage). In addition, we make no representation that the
operation of our site will be uninterrupted or error-free, and
we will not be liable for the consequences of any interruptions
or errors.
Termination:
The terms of this Agreement will begin upon acceptance of your
application. This Agreement shall commence on the date of
approval of your Affiliate Program application and shall
continue thereafter in full force and effect until terminated
at any time by either party by giving the other party written
notice of termination. Upon 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 BC Bud Depot
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.
Modifications:
We may modify any of the terms and conditions of this Agreement
at any time. You will be notified by email, and a change notice
will be posted on our site. If the modifications are
unacceptable to you, your only recourse is to terminate this
Agreement. Your continued participation in this Affiliate
Program after a change notice has been posted will constitute
binding acceptance of the change.
Anti-Spam
Policy: Affiliates will be removed from the BC Bud Depot
Affiliate Program and forfeit any pending commissions if they
are caught spamming. Spamming is not allowed and will not be
tolerated!
Independent
Contractors: You and the BC Bud Depot 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.
Representations
and Warranties: You hereby represent and warrant to us
as follows: This Agreement has been duly and validly executed
and delivered by you and constitutes your legal, valid, and
binding obligation, enforceable against you in accordance with
its terms. The development, operation, and contents of your
site do not infringe upon the copyright, trademark, or any
other right of any person or entity.
Independent
Investigation: 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 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 BC Bud Depot Affiliate Program and are not relying on any
representation, guarantee, or statement other than as set forth
in this Agreement.
Fraud:
If you commit fraud or falsify information in connection with
the registration of members in BC Bud Depot through the Links
on your site, this Agreement will be terminated immediately. In
addition, you will be liable to BC Bud Depot for any and all
damages that BC Bud Depot suffers as a result of such actions.
You will also be responsible for returning to BC Bud Depot all
commissions received for fraudulent/falsified members, and we
will not hesitate to pursue all legal causes of action against
you to the fullest extent possible under the law.
Assignment:
This Agreement and the rights and obligations hereunder may not
be assigned by you without prior written consent of the BC Bud
Depot.
Reservation
of Rights: The BC Bud Depot may terminate this Agreement at
any time if your site is determined (at our sole discretion) to
be unsuitable for the Program, even if your site has not
changed since the time that your Affiliate Program application
was accepted. The BC Bud Depot also reserves the right to
monitor Affiliate sites at any time to determine whether they
are in compliance with this Agreement.
Governing
Law: 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
your strict performance of any provision of this Agreement will
not constitute a waiver of our right to subsequently enforce
such a provision or any other provision of this Agreement.
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