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  1. #1
    ABW Veteran Mr. Sal's Avatar
    Join Date
    January 18th, 2005
    Posts
    6,795
    Thumbs down I Wonder What Affiliates would read These New Agreements...
    Since this is the second time I receive these canned emails with New Agreement Effective Date: Whatever...

    I Wonder What Affiliates would read These BS emails, because they look stupid.

    They look like worse than a DNA paragraph...

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    This is an automated notification regarding the program agreement for the AmberDesire.com - Amber & Silver Jewelry ShareASale Affiliate Program.
    New Agreement Effective Date: March 28, 2013

    Merchant provided summary of changes:
    New agreement effective 3/28/13

    Complete New Agreement:
    Amberdesire Affiliate Terms & Conditions IMPORTANT: PLEASE READ THE FOLLOWING CAREFULLY. YOUR PARTICIPATION IN THE AMBERDESIRE AFFILIATE PROGRAM THROUGH SHAREASALE AFFILIATE NETWORK IS GOVERNED BY ALL THE MARKETER SPECIFIC TERMS CONTAINED IN THESE TERMS AND CONDITIONS AS WELL AS YOUR PUBLISHER AGREEMENT WITH SHAREASALE AFFILIATE NETWORK (COLLECTIVELY, THE "AGREEMENT"). TO THE EXTENT THAT ANY PROVISION OF THESE MARKETER TERMS CONFLICT WITH THE PUBLISHER AGREEMENT BETWEEN YOU AND SHAREASALE AFFILIATE NETWORK, THESE MARKETER TERMS SHALL CONTROL. PLEASE MAKE SURE YOU READ AND UNDERSTAND THE TERMS BELOW. 1. Introduction. The terms contain terms and conditions of the Aamberdesire Affiliate Program in addition to those terms and conditions set forth in your Publisher Agreement with Shareasale Affiliate Network. Defined terms in these Marketer Specific Terms include the following: (a) "you" or "your" shall mean you, the participant in the Affiliate Program (b) "we" or "us" or "our" shall mean Amberdesire, (c) "our Web site" shall mean the Amberdesire site currently located at Amber Jewelry | Contemporary Silver Jewelry, (d) "your Web site" shall mean the World Wide Web site from which you will link to our Web site, (e) "Affiliate" shall mean a party accepted as a member of the Affiliate Program, (f) "User" shall mean a customer who links from your Web site to our Web site, (g) "Products" shall mean any merchandise offered for sale by us on our Web site and does not include items offered for sale by third parties on our Web site, (h) "Affiliate Site" shall mean an Affiliate Web site that has been accepted as an Affiliate of Amberdesire and (i) "Link" or "Links" shall mean banner advertisements, buttons, datafeeds, storefronts, search boxes, links or text links that link to the Amberdesire home page or other specific pages of the Amberdesire site, containing the Amberdesire logo. 2. Linking Requirements. We will provide you with Links that will allow Users to your Web site to be transported when they click on the Link to Products on our Web site. As an Affiliate, you may display these Links on your Web site subject to the terms and conditions contained in the Agreement. All Links are subject to our approval, and we will provide you with the information that you need to enable you to make appropriate Links to our Web site from your Web site. By accepting the terms of this Agreement, you agree that you shall cooperate fully with Amberdesire to maintain such Link or Links. You further agree that (a) such Link or Links shall be displayed prominently throughout your Web site as you see fit and with our consent, (b) no Link or Links shall be modified, expanded or reduced in any way without our consent and (c) no Link or Links on your Web site shall in any way modify the look, feel and/or functionality of our Web site. We reserve the right to monitor your Web site at any and at all times to make certain that you are in compliance with the terms and conditions of this Agreement. You shall be fully responsible for all content, links and activities conducted on your Web site. We disclaim all liabilities related to such matters. In accordance with the Agreement, You agree that You shall not: • Place or use any Link of Amberdesire except with the intention of delivering valid sales, leads, applications, accounts, clicks or other specified compensable actions; • Inflate the number of applications, accounts, clicks or other specified compensable actions or any impressions of the Amberdesire web site, by any method or using any hidden frames, java pop ups, Web bot, robot, automatic redirecting of users, autospawning of browsers, or any other technique or means of generating automated click-throughs, requiring visitors to click on Amberdesire Link before entering any area of Your Site(s), by placing or including Promotions or links on pages of Your Site that automatically reload or go to another page without interaction from the user (for example, client pull or server push technology, METATAG reload, or refresh command on page html) or on any page that is not generally accessible to all Web users (for example, pop-up windows and hidden frames). • publish, link to, sell, otherwise distribute, or place a Qualifying Link on the same page or in close proximity to any Objectionable Content. For purposes of this Agreement, "Objectionable Content" means any material, including textual, audio or video material, which is offensive (including hate speech or violence against a particular group of people); contains any nudity, explicit violence or sexual material; contains depictions of violent or sexual acts; is defamatory to any group or individual; or promotes alcohol, tobacco, or gambling/lottery; • employ, use or place any web browser add-ons, toolbars or pop-ups on your website; • employ the use of any type of software download or technology which attempts to intercept or redirect traffic or Referral Fees to or from any website; • install spyware on another person’s computer; cause spyware to be installed on another person’s computer, or use a context based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising other content on a website in a way that interferes with a person’s ability to view that website; • display any material on a website containing a Qualifying Link which contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines; • use our Links in any form of fashion for any PPC campaigns Affiliates using any of the aforementioned techniques or methods to establish a click, and/or place a cookie on a users computer will be terminated without notice and forfeit all outstanding and future commissions. 3. Order Processing. All orders, customer service and fulfillment of such orders will be handled by and through Amberdesire. You may not take orders, perform customer service or deliver Products on our behalf. We will process orders from any Users directed by you through your Web site, but we reserve the right to reject any orders that do not comply with any requirements that we may periodically impose. We will be solely responsible for all aspects of Product order processing and fulfillment, including order entry, payment processing, shipping, cancellations, returns and related customer service. Amberdesire will be responsible for tracking the number of Products sold to Users who are directed from your Web site to our Web site and you will be provided access to reports summarizing your sales activity through Amberdesire. The form, content and frequency of the reports may vary from time to time. We are not responsible for ensuring that your Web site contains proper Links and/or linking to the Amberdesire Web site to ensure that accurate tracking, reporting and sales accrual can occur. You are responsible for making certain that the Links between your Web site and our Web site are formatted properly. We reserve the right to change the prices of any or all of our Products at any time in our sole discretion without notice. We cannot ensure that if an order is placed that any Product will be available to the User or that a stated price for a Product will be accurate. We do not honor misquoted prices. All personal information regarding the User is the sole and exclusive property of Amberdesire and shall not be provided to you as is required pursuant to Amberdesire’s privacy policy. 4. Referral Fees and Commissions. We will pay you on all net sales based on the amount of net revenue achieved in a given month. The Commission shall be equal to a percentage of the Net Sales of Products purchased by a User utilizing the Links between your Web site and our Web site (the "Commission"). "Net Sales" shall mean the gross sale price of a Product, excluding amounts collected by us for gift certificates, sales taxes, duties, shipping, handling, fraud, charge-backs, exchanges, credit card processing fees, taxes and similar charges. 5. The Referral Fees and the Commission rates are subject to change at any time in our sole discretion without notice. In order for you to generate a Referral Fee or Commission, the User must follow a link from your Web site to our site, and within 45 days purchase the product, accept the delivery of the Product at the shipping destination, remit full payment to us and not cancel the order. You will not be eligible for a Referral Fee or Commission under the following circumstances: • A party comes to Amberdesire through you and does not purchase anything and then returns to Amberdesire via another Affiliate or partner at a later date and then makes a purchase, the second Affiliate or partner will receive the credit for the ultimate purchase. • A party comes to Amberdesire through your Web site and returns more than 45 days later by entering our url directly, then you will not receive credit for that later purchase. • The User has prevented cookies from being saved on his, her or its' hard drive. • If a User to our Web site cannot be tracked by our online ordering system for any reason. 6. Referral Fees and Commission Payments. We will pay your Referral Fees and Commission payments to Shareasale Network on a monthly basis for merchandise purchased by a User directed from your Web site provided all of the conditions in this Agreement have been met. Referral Fees and Commission payments for items that have been returned 30 days from purchase will be deducted in the month that the items are returned. 7. Policies and Pricing. Users who purchase Products through the Affiliate Program will be deemed to be customers of Amberdesire. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service and sales will apply to those Users. We may change our policies and operating procedures at any time in our sole discretion without notice. Products, availability of our Products and our pricing of such Products may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or the price of any particular Product. 8. Licenses. • Non-Exclusive, Limited License to Amberdesire Logo and Trademarks. You agree to display the Amberdesire logo (the "Logo") on your homepage or other promotional location of your Web site. We hereby grant to you a non-exclusive, non-transferable, revocable, limited license to use our Logo, name, url and trademarks in such a manner and to otherwise display our Logo, name, url and trademarks (collectively, the "Licensed Trademarks") on your Web site. You acknowledge and agree that such license is limited and that all right, title, ownership and interest in the Licensed Trademarks shall remain with us at all times. You shall use the Licensed Trademarks in exactly the form provided to you for your use. Your use of such Licensed Trademarks shall comply with any trademark usage policies that we may adopt from time to time. You shall not take any action inconsistent with our ownership of or goodwill associated with the Licensed Trademarks, including, without limitation, applying for registration of any of our trademarks (or any mark similar thereto) anywhere in the world. You agree that any benefits and goodwill arising from your use of the Licensed Trademarks shall inure solely to our benefit. You agree that you shall not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and/or reputation of Amberdesire. You also agree that you shall not use the Licensed Trademarks in any manner that is disparaging or that otherwise portrays us in a negative light. We reserve all of our rights in the Licensed Trademarks and all other intellectual property rights. You shall obtain no rights in or to the Licensed Trademarks in the event of the termination of this Agreement. You shall not create, publish, distribute or permit any written materials that make reference to us, without first submitting such material to us and receiving our written consent. We may revoke your license at any time. You shall obtain no rights in and to the Licensed Trademarks in the event of the termination or expiration of this Agreement. This license shall terminate upon the effective date of the expiration or termination of this Agreement. • Non-Exclusive Limited License and Use of Affiliate Logos and Trademarks. You grant us a non-exclusive license to utilize your names, titles, logos, trademarks and urls (collectively, the "Affiliate Trademarks") to advertise, market, promote and publicize in any manner our rights hereunder; provided, however, we shall not be required to advertise, market, promote or publicize your Web site. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant us the license to use the same contemplated in this Agreement and that such grant does not and will not (a) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you or (b) infringe upon any trademark, trade name, service mark, copyright or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement. 9. Ownership; Confidentiality. The Links and all User data collected pursuant to this Agreement are, as between us and you, our property and we own all right, title and interest in the Licensed Trademarks (as described above) and User data. During the course of this Agreement, Affiliate may be in possession of or have access to certain confidential, non-public, proprietary, or secret information and material of Amberdesire, including, without limitation, User data or information, information regarding Product sales, and similar data ("Confidential Information"). You agree and acknowledge that this Confidential Information shall at all times be and remain our sole and exclusive property, and you further agree that: • You will hold all Confidential Information in the strictest confidence, and will protect all Confidential Information from any unauthorized use, disclosure, copying, dissemination or distribution. • You will not disclose any Confidential Information to any third party without our express prior written consent. • You will disclose Confidential Information within your organization only to the extent necessary for your compliance with the terms of this Agreement. • You will treat all Confidential Information with no less than the same degree of care as you accord your own secret or proprietary information • You will not utilize the Confidential Information in any way other than in connection with your compliance with this Agreement and your participation in the Affiliate Program. Without limitation on the foregoing, you will not use any Confidential Information for the benefit of any third party or to design, develop, provide or market any other product or service. Upon termination of this Agreement, you agree to return to us all documents and other tangible materials and copies thereof in your possession containing any Confidential Information. You acknowledge that all Confidential Information is, and shall be, owned solely by us and that the unauthorized disclosure or use of such Confidential Information could cause irreparable harm and significant injury, the extent of which may be difficult to ascertain. Accordingly, you agree that we will have the right to seek an immediate injunction enjoining any breach of this Agreement and shall be entitled to equitable relief in addition to any other remedies at law, including compensatory and consequential damages. The protections afforded to Confidential Information under this Agreement are in addition to, and not in lieu of, the protections afforded under any trade secrets laws, including the Uniform Trade Secrets Act. 10. Affiliate Partner Responsibilities. You will be solely responsible for the development, technical operation and maintenance of your Web site and for all materials that appear on your Web site. You shall be solely responsible for ensuring that materials posted on your Web site do not violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, and ensuring that materials posted on your Web site are not libelous or otherwise illegal. You must have express written consent to use another party's copyrighted or proprietary material. We disclaim all responsibility if you use another party's copyrighted or other proprietary material in violation of the law. 11. Affiliate Representations and Warranties. You hereby represent and warrant to us that this Agreement has been duly executed and validly approved by your authorized agent and that such Agreement has been validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms and that the execution, delivery and performance of this Agreement are within your legal capacity and power, have been duly authorized by all requisite action on your part, require the approval or consent of no other persons and neither violate nor constitute a default under the provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or the terms of any other agreement, document or instrument applicable to you or binding upon you. 12. Agreement Term. The term of this Agreement shall begin upon our acceptance of your Online 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 written notice of termination. Notice by e-mail to your address on our records is considered sufficient notice for termination of this Agreement. If this Agreement is terminated because (a) you violated the terms of this Agreement or (b) because your Web site is deemed by us to be objectionable, you are not eligible to receive any Referral Fees or Commission payments, even for Referral Fees or Commissions that you earned prior to the date of your termination. If this Agreement is terminated for any other reason, then you shall be eligible to receive only those Referral Fees and Commissions generated prior to the termination of this Agreement. Referral Fees and Commissions earned through the termination of the Agreement shall remain payable only if the related Product orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable period of time to ensure that the correct amount is paid to you. Further, in the event that we determine, in our sole and absolute discretion, that You have breached or are breaching any of the terms set forth in these Special Terms or have engaged or are engaging in any other activity which could cause us to be deemed a sales or similar tax collector under State law, we reserve the right to suspend or terminate your affiliate relationship with Amberdesire, including the forfeiture of any Referral Fees and/or Commission payments from the date of the breach. 13. Agreement Modification. We may modify any of the terms and conditions contained in these Marketer Specific Terms, at any time and in our sole discretion, by posting a change notice or new agreement on our site. Notice of any change to this Agreement delivered by e-mail, to your address on our records, or the posting of a new agreement on our Web site is considered sufficient notice for notifying you of a modification to these Marketer Specific Terms. Modifications may include, but are not limited to, changes in the scope of available Referral Fees, the Commission schedule, payment procedures and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If a modification is unacceptable to you, your sole recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following our posting of a change will constitute binding acceptance by you of such change. 14. Relationship of the Parties to this Agreement. Each party shall act as an independent contractor and nothing set forth 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 15. Unsolicited Commercial e-mail ("spam"). You understand that the use of unsolicited commercial e-mail ("spam") by affiliates is absolutely prohibited. Your participation in the Amberdesire affiliate program constitutes your specific and unconditional agreement to abide this anti-spam policy. Proper e-mail solicitation, however, can be an important means of advertising your site and your relationship with Amberdesire. The following rules represent best practices, which are permitted under this agreement: • If an "opt-In" system exists for your line of business and target market, you may use it. (Opt-In systems are those where the user specifically requests to be placed on a mailing list.) • You may generate your own opt-In list through forms on your web site, as long as you disclose that users will receive e-mailings from you. • Use of "opt-out" systems are strictly prohibited. • Use of any lists, whether purchased or created, compiled by means of automated tools are not permitted. This includes, for example, lists developed by scanning UseNet, e-mail archives, or Web pages for e-mail addresses, regardless of whether the scan was "targeted." • You must use valid e-mail headers at all times. • You must give the Web address of the opt-in system used and tell the user receiving your mail that such e-mails can be stopped by visiting that opt-in site. • If anyone contacts you and asks to be removed from your list you will do so within 96 hours and send an e-mail acknowledging the removal. Violation of these rules will result in the suspension or termination of your affiliate relationship with Amberdesire including the forfeiture of any commissions from the date of the offending e-mailing. 16. Limitations on Liability. We will have no liability of any sort arising from any interruptions or errors in our Web site. WE WILL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST REVENUES, DATA OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Further, our aggregate liability arising under or with respect to this Agreement or the Affiliate Program shall in no event exceed the total amount of Referral Fees and Commissions paid or payable by us to you under this Agreement. 17. Warranty Disclaimers. WE HEREBY DISCLAIM, AND YOU HEREBY RELEASE US, FROM ANY AND ALL LIABILITY FOR DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE LINKS AND/OR OUR WEB SITE. WITHOUT LIMITING THE FOREGOING, THE LINKS, THE LICENSED TRADEMARKS ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OR ANY KIND. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH REGARD TO THE AFFILIATE PROGRAM OR ANY PRODUCTS, EXPRESS OR IMPLIED, STATUTORY, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUR WEB SITE OR PRODUCTS WILL BE ERROR FREE, FUNCTION WITHOUT INTERRUPTION OR THAT ANY ERRORS WILL BE CORRECTED. IF AS A MATTER OF LAW WE MAY NOT DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW. 18. Indemnification. You hereby agree to indemnify, defend and hold harmless us, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorneys' fees) of any nature whatsoever incurred or suffered by us (the "Damages") insofar as such Damages (or actions in respect thereof) arise out of or are based upon: (a) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party, (b) the breach of any representation or warranty or covenant made by you in this Agreement, (c) your unauthorized use of any of our Confidential Information or (d) any claim related to your Web site, including any claims relating to the development, operation, maintenance, activities, contents and links of your Web site. Additionally, You shall indemnify, defend and hold harmless Amberdesire from and against any administrative, regulatory or legal proceeding arising out of Amberdesire’s alleged failure to collect State sales tax to the extent that such proceeding results, in whole or in part, from Your breach or alleged breach of any provision of the Special Terms. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF 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 COMPETITIVE 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. 19. Miscellaneous. This Agreement shall be governed by the laws of the United States and of the State of Florida, as applied to agreements made, entered into and performed entirely within the State of Florida, notwithstanding your actual state of residence or principal business location. Any action relating to this Agreement must be brought in federal or state courts located in Broward County, Florida and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation or law or otherwise, without our prior written consent, any such purported assignment shall be null and void. Subject to such restriction, this Agreement will be binding upon, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. 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 provision or any other provision of this Agreement. This Agreement constitutes the entire agreement between the parties regarding its subject matter, supersedes any other agreements or understandings between them.






    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    This message was sent by one of
    your Merchant Partners, AmberDesire.com - Amber & Silver Jewelry,
    at ShareASale.

    If you do not wish to receive email from this Merchant,
    please remove yourself from their Affiliate Program.

    -shareasale.com
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    AND...

    Merchant provided summary of changes:
    Update to include Funsational.com Trademarks.

    Complete New Agreement:
    Affiliate Partner Agreement This is a legal and contractually binding Agreement between you and Funsational, Inc.. You apply by completing the Application and clicking on the submit button indicating your willingness to be bound by this Agreement. This Agreement will take effect if and when Funsational, Inc. reviews and accepts the Application and gives you notice of acceptance. By submitting your Application, you certify that you have read and understand the terms set forth herein, and that you are authorized to submit this Application by the named Affiliate. While this Agreement is referred to as the Affiliate Partner Agreement, this Agreement does not operate to create a Partnership or Agency relationship between you and Funsational, Inc.. This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Funsational, Inc. Affiliates Partners Program (the "Program"). As used in this Agreement, ? "we", "us", "our", "Funsational, Inc." means Funsational.com, PrintableGamesAtoZ.com, BabyShowerGamesAtoZ, BridalShowerGamesAtoZ.com, BirthdayGamesAtoZ.com, HolidayGamesAtoZ.com, ChristmasGamesAtoZ.com, HalloweenGamesAToZ.com, ValentinesGamesAtoZ.com, and EasterGamesAtoZ.com. ? "You" or "your" means the applicant, as identified in your Application to Funsational, Inc. ? “Site" or "Web-site" means a World Wide Web site and, depending on the context, refers either to Funsational.com site located at the URL Funsational.com, or to the site that you link to our site (and which you will identify in your Program application). ? "Product" means any item offered for sale by us on Funsational, Inc., Funsational.com, PrintableGamesAtoZ.com, BridalShowerGamesAtoZ.com, BirthdayGamesAtoZ.com, HolidayGamesAtoZ.com, ChristmasGamesAtoZ.com, HalloweenGamesAToZ.com, ValentinesGamesAtoZ.com, and EasterGamesAtoZ.com Websites. 1. ENROLLMENT IN THE PROGRAM To begin the enrollment process, you will submit a complete Program Application via our site or directly at ShareASale.com, ShareASale . We will evaluate your Application in good faith and notify you of your acceptance or rejection. We may reject your Application if we determine (in sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that: ? Promote sexually explicit materials ? Promote violence ? Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age ? Promote illegal activities ? Include "Unbeatable" or variations or misspellings thereof in their domain names ? Otherwise violate intellectual property rights 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 thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement at any time. 2. LINKS ON YOUR SITE As the host of an affiliate site ("Affiliate Site"), you will be provided with banner advertisements, button links to our site and/or text links to our site containing logos and words identifying our sites (each of these links sometimes being referred to herein as "Links", or individually as a "Link"), which, subject to the terms and conditions hereof, you may display on your site. You agree that in using the Link or Links, you will cooperate fully with us in order to establish and maintain such Link or Links. You may place and use any Link in the manner and frequency determined in your sole discretion, subject only to the limitations set forth in this Agreement. You agree to display such Links and graphic images prominently throughout your Site. You also agree that you shall use the 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 Links or any images comprising the Links 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 may not modify the images provided by us without our prior written consent. You may not create links to our site other than Links provided by or approved by us, and you may not use the Links in any way that may alter the look, feel or functionality of our site. We will provide all information necessary to allow you to make appropriate Links from your site to our site. However, all Links must be approved by us. We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement. 3. ORDER PROCESSING We will process Product orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. Among other things, we will prepare order forms, process payments, cancellations and returns, and handle customer service. Share A Sale will track sales made to customers who purchase Products using Special Links from your site to our site and will make available reports summarizing this sales activity. 4. COMMISSIONS Only products that are given away on your site or sold by us purchased by users ("Linked Users") Linking to our site from your site pursuant to a Link and Linked Users visit is tracked by ShareASale from the time of the Link to the time of the final transaction, shipped by us, and for which we have received full payment will qualify for payment of a commission. No commission will be paid if the visitor to our site cannot be tracked by our tracking system or if the visitor to our site later accesses our site by a means other than the use of the Link. You are due a commission only if your site is the affiliated site from which the purchaser most recently Linked to our site. Commission payment will be a 4-tiered level commission not to exceed 45% of the total dollar amount of the total order from a customer's purchase. 5. COMMISSION PAYMENT The Funsational, Inc. affiliate program is run by Share A Sale ShareASale . ShareASale will pay you a commission every month on our behalf so long as your commission balance is at least $25.00 (twenty-five dollars). Otherwise, you will be paid once your commission balance reaches or exceeds $25.00. ShareASale will hold those monies until the total amount owed you is equal to or exceeds $25.00. Share A Sale will send your earnings as stated on their web site at ShareASale. 6. POLICIES AND PRICING Customers who buy Product(s) through our Affiliate Partners Program are customers of Funsational, Inc., and all purchases and related transactions are subject to Funsational, Inc.’s terms and conditions of sale, rules, policies, and operating procedures. You do not have any authority to make any sale or representation on behalf of Funsational, Inc. or to bind Funsational, Inc. in any way, and you agree that you shall not do or hold yourself out as having authority to do either. 7. USE OF LOGOS, TRADEMARKS, AND IMAGES. Non-Exclusive Limited License and Use of Funsational, Inc.’s Logos and Trademarks. We grant you a non-exclusive, non-transferable, revocable right to use those Funsational, Inc. trademarks and logos that Funsational, Inc. provides to you and authorizes you to use ("Licensed Marks") in order to access our site through Links and promote such access in accordance with the terms of this Agreement. You may not alter, modify, or change the Licensed Marks in any way, and you may not use the Licensed Marks for any other purpose, including but not limited to the sale of your own products or services. You are only entitled to use the Licensed Marks to the extent you are a member, in good standing, of the Affiliate Partners Program pursuant to this Agreement, as it may be amended from time to time. You shall use the Licensed Marks in such forms and manners of presentation as are acceptable to us, and you shall use the Licensed Marks in accordance with the other terms of this Agreement, including but not limited to terms relating to the content and quality of your Web Site and the goods and services you offer. You agree not to use the Licensed Marks in any manner that is disparaging or that otherwise portrays Funsational, Inc. in a negative light. We reserve all of our rights in the Licensed Marks, and all other intellectual property rights. You obtain no rights in and to the Licensed Marks other than as is expressly licensed herein. You agree not to market, sell, or distribute content that is illegal, or not properly licensed or violates copyright or intellectual property laws You agree to not modify, publish, transmit, transfer or sell, reproduce, redesign, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. Violation of this will result in immediate removal from our affiliate program, and litigation pursuant of copyright and intellectual property laws. 8. PAY-PER-CLICK PROMOTIONAL RESTRICTIONS A. TERMS The term “brands” herein refers to the trademarked URL's of “printablegamesatoz.com”, “babyshowergamesatoz.com”, “Funsational.com”, “bridalshowergamesatoz.com”, “birthdaygamesatoz.com”, “halloweengamesatoz.com”, “valentinesgamesatoz.com”, “eastergamesatoz.com”, “thanskgivinggamesatoz.com”, and “christmasgamesatoz.com”. Funsational, Inc. refers to the corporate entity of funsational.com and the Funsational, Inc. line of brands. B. ALLOWED SEARCH ENGINES Bidding through the major search engines is allowed, except with a few restrictions listed herein. These search engines include Google, Yahoo, and MSN/Bing. Bidding on the smaller search engines such as Ask and FindWhat is permitted with no restrictions on the “brands”. C. FUNSATIONAL.COM TRADEMARKS Affiliates bidding on trademark terms on Google, Yahoo or MSN/Bing is prohibited, including the international versions of all three search engines. There are no trademark restrictions when bidding on Ask, FindWhat, or similar search engines. Using the “brands” URLS in the display URL at any PPC search engine is not allowed. In addition, affiliates may not bid on alternative spellings of any of our “brands” domain names. Use of Funsational, Inc. or Funsational.com trademarks to the right of the domain in the display is allowed. Example: www.website.com/bridalshowergamesatoz.com. The use of the word “Official Site” or any misrepresentation of the “brands” websites is prohibited. Affiliates may not bid on any “brand” + “term” through Google, Yahoo, or MSN/Bing. Ex: “birthdaygamesatoz.com bingo”. Affiliates may not bid on any keywords including “free” + “term”. Ex: free bingo. Additional keywords affiliates may not bid on include misspellings of our “brands” as well as using similar connotations to our “brands”, including, but not limited to: ? Funsational ? Funsational.com ? Funsational, Inc. ? printablegames atoz ? bridalshowergames atoz ? babyshowergames atoz ? birthdaygames atoz ? halloweengames atoz ? eastergames atoz ? valentinesgames atoz ? christmasgames atoz ? stpatricksgames atoz ? stpatricksday atoz ? thanksgivinggames atoz ? any term substituting the word “games” with “gamez” in our trademarked “brands” D. DIRECT TO MERCHANT Bidding Direct to Merchant is not allowed through Google, Yahoo, or MSN. Domain misspellings are not allowed in the display URL on any advertisement including, but not limited to our “brand” names followed by .net, .biz, .mobi, etc. E. AD COPY RESTRICTIONS When advertising products, affiliates must be honest when representing the Funsational, Inc. and PrintableGamesAtoZ.com brand. This includes information regarding selling our products for free, offering coupons for our products, and listing sales for our products. Affiliates are not allowed to create and use their own advertisements as an official Funsational, Inc. or PrintableGamesAtoZ.com endorsed advertisement. F. EXCLUSIONS, PENALTIES, AND NOTICIATIONS ? Funsational, Inc. reserves the right to exclude any or all of our PPC policy for individual affiliates at our sole discretion. ? Affiliates found violating any of Funsational, Inc.'s PPC policies will be notified in writing and must comply with our PPC Bidding Terms within 48 hours. ? Funsational, Inc. may remove affiliates from our affiliate program for violating any PPC policies if they choose not to comply within 48 hours. 9. ANTI-SPAM POLICY Affiliates will be removed immediately from the Funsational, Inc. Affiliate Program and forfeit any pending commissions if they are caught spamming. Spamming is not allowed and will not be tolerated! 10. RESPONSIBILITY FOR YOUR SITE You will be solely responsible for the development, operation and maintenance of your site, for all materials that appear on your site, and for all business you conduct on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon copyrights, rights of publicity, trademark rights or other rights of us or any third party. You are responsible for ensuring that your business and site comply with all applicable laws, regulations, and ordinances, and that your site as well as the materials posted on your site are not defamatory, libelous, false or misleading, or otherwise illegal. You must have express permission to use another party's copyrighted material, and you also must have express prior written permission to use another's name, portrait, voice or likeness. 11. CONFIDENTIALITY Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto 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. 12. TERMS AND 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 Funsational, Inc. 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. 13. REPRESENTATIONS AND WARRANTIES You hereby represent and warrant to us that you have obtained all authorizations and consents necessary to enter into this Agreement; that the person making the offer contemplated by this Agreement has the authority to do so and to bind you contractually as a result; that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; that you will comply with all applicable laws, regulations and ordinances; that you will not infringe, misappropriate or use without authorization any Funsational, Inc. copyright, trademark or other intellectual property; and that neither this Agreement nor your performance hereunder will violate any other agreement to which you are bound. 14. DISCLAIMERS We make no express or implied warranties or representations with respect to the Affiliate Partners Program or any Product(s) or other items sold through the Affiliate Partners Program or otherwise on our Web site, and WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. In addition, we make no representation or warranty that the operation of our Web site, the Links, or our procedures and systems tracking sales generated by your site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. 15. 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 partners program, even if we have been advised of the possibility of such damages. 16. LIMITATION OF REMEDY Our aggregate monetary liability arising with respect to this agreement and the affiliate partners program shall not in any event exceed the total commissions payable to you under this agreement. 17. INDEMNIFICATION You hereby agree to indemnify, defend and hold harmless Funsational, Inc., its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all third-party actual or threatened claims, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based in any way on it) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; (iii) any claim related to your Web site, the conduct of your business, or your goods or services; (iv) your violation of any law, regulation, ordinance or applicable policy of or agreement with any governmental entity, business partner, or other party; or (v) your unauthorized use of any Licensed Marks or Approved Publishers' Images, or your infringement, misappropriation or other violation of any third-party intellectual property right. 18. FRAUD If you commit fraud or falsify information in connection with the registration of Funsational, Inc. through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to Funsational, Inc. for any and all damages that Funsational, Inc. suffers as a result of such actions. You will also be responsible for returning to Funsational, Inc. 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. 19. GENERAL PROVISIONS A. Merger This Agreement is the entire Agreement between the parties with respect to its subject matter, and it supersedes all prior agreements, representations and understandings, whether express or implied and whether oral or written. B. Modification We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our Web site of a change notice or a new agreement designated by us to be applicable to you or a group of persons or entities including you, is agreed to constitute sufficient notice of a binding modification of this Agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement pursuant to Section 11 of this Agreement. Your continued participation in the Affiliate Partners Program following our posting of a change notice or new agreement on our Web site will constitute binding acceptance of the modified terms. C. Governing Law This Agreement will be governed by the laws of the United States and the State of Washington, without reference to the rules of any jurisdiction governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in the City of Spokane, Spokane County, Washington (as determined by us in our sole discretion) and you irrevocably consent to the personal jurisdiction and venue of such courts. D. Assignment 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. E. Waiver 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 provision or any other provision of this Agreement. F. Relationship of Parties You and Funsational, Inc. 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, enter into any contracts, or make any representations on our behalf, or to act as a distributor, seller, or reseller of any Product.






    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    This message was sent by one of
    your Merchant Partners, Funsational Inc.,
    at ShareASale.

    If you do not wish to receive email from this Merchant,
    please remove yourself from their Affiliate Program.

    -shareasale.com
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


  2. #2
    ABW Ambassador
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    I received the one from AmberDesire.com and decided it was less time consuming to just removing them from my website than to read that agreement.
    Last edited by msladybug; March 25th, 2013 at 06:22 PM. Reason: typo


  3. #3
    Beachy Bill's Avatar
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    Quote Originally Posted by msladybug View Post
    I received the one from AmberDesire.com and decided it was less time consuming to just removing them from my website than to read that agreement.
    heh - I did exactly the same thing with the other.
    Bill / Marketing Blog @ 12PM - Current project: Resurrecting my "baby" at South Baltimore..
    Cute Personal Checks and Business Checks
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  5. #4
    OPM and Moderator Chuck Hamrick's Avatar
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    Is there a legal translation service that can interpret that?

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  7. #5
    ABW Veteran Mr. Sal's Avatar
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    Quote Originally Posted by Bill View Post
    heh - I did exactly the same thing with the other.
    Until the end of last month, I was happy with that other... $.

    But after this month, and that soup letter email...

    If the other shoe drops...



  8. #6
    ABW Veteran Mr. Sal's Avatar
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    Quote Originally Posted by Chuck Hamrick View Post
    Is there a legal translation service that can interpret that?
    Legal or illegal, I am not going to pay a single penny to get that translated.

    I don't think those two different programs are managed by the same people, so I think that they just may be using some kind of free SAS "Complete New Agreement: " email template.

  9. #7
    OPM/Moderator Hectic GHC's Avatar
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    My terms of service are simple and to the point. They cover my rules. What many merchants do not understand is that affiliates sign terms of service with the network and most of the legal jargon and standard stuff is covered there. Why make it hard for the affiliates to understand with overlapping terms?
    Greg Hoffman
    Affiliate Marketing Advocate of the Year 2016; Best OPM/Agency - 2014; Best OPM/Agency, Five Years in a Row - ABestWeb.
    Visit Greg Hoffman Consulting


  10. #8
    ABW Ambassador JoyUnltd's Avatar
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    As I was scanning the Amber Jewelry agreement, my eye caught this:
    You grant us a non-exclusive license to utilize your names, titles, logos, trademarks and urls (collectively, the "Affiliate Trademarks") to advertise, market, promote and publicize in any manner our rights hereunder; provided, however, we shall not be required to advertise, market, promote or publicize your Web site. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant us the license to use the same contemplated in this Agreement and that such grant does not and will not (a) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you or (b) infringe upon any trademark, trade name, service mark, copyright or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement.
    Give you rights to use my name, title, logo, URLs, trademarks, etc.?! Please take a long walk off a short cliff.
    Renée
    Pay no attention to that woman behind the curtain. -Wizardress of Oz

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  12. #9
    ...and a Pirate's heart. Convergence's Avatar
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    Quote Originally Posted by JoyUnltd View Post
    Give you rights to use my name, title, logo, URLs, trademarks, etc.?! Please take a long walk off a short cliff.
    More than one merchant has that in their terms - seen it before...
    Salty kisses, Sandy toes, and a Pirate's heart...

  13. #10
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by Convergence View Post
    More than one merchant has that in their terms - seen it before...
    They're called "contracts of adhesion."
    Essentially the contracts are saying not to use their trademarks,
    not to use any of their intellectual property except for what they allow
    you to use. You are responsible for your own sites and you can not copy
    their original site nor can you pretend to be their actual site (i.e. the prohibition
    from using their tradename in your url).

    Any lawsuits will be held within Florida (at least in the 1st example) and
    legalese language releases them of anything (they won't pay legal fees etc.)

    The terms might look scary but they were written in legalese as "contracts of adhesion." I didn't see anything really different.
    I am not a lawyer.
    If you are really concerned, consult an attorney.
    I would accept the above contracts. A "contract of adhesion" is a
    "take it or leave it" deal; it is very close to installing new software into
    your computer and you have to click "Yes" to the "Shrinkwrap agreement" in
    order for the software to work.
    ~Rhia7 -- Remember the 7
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  14. #11
    ...and a Pirate's heart. Convergence's Avatar
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    Rhia7,

    My comment was specifically related to what JoyUnltd was quoting...
    Salty kisses, Sandy toes, and a Pirate's heart...

  15. #12
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by Convergence View Post
    Rhia7,

    My comment was specifically related to what JoyUnltd was quoting...
    Okay, this is from Post #8
    Her quote and my interpretation of it.
    (Although I am not an attorney I did support myself in the field
    of legal publishing where I indexed and wrote abstracts for law reviews
    & documents. Joy only quotes a passage. Is the entire context there?
    The entire context would be needed for dispute resolution if a legal dispute
    came about.)

    You grant us a non-exclusive license to utilize your names, titles, logos, trademarks and urls (collectively, the "Affiliate Trademarks") to advertise, market, promote and publicize in any manner our rights hereunder; provided, however, we shall not be required to advertise, market, promote or publicize your Web site.
    The site might use your names, titles, logos, trademarks and urls within their
    advertising. They have a non-exclusive license which is good; it means that merchant can use your intellectual property in advertising *and* other merchants could do that as well. That site is not claiming that only they can use the "Affiliate Trademarks."
    You are free to make the deal with someone else.
    They probably want to name drop you or use your logos if they see
    the right fit. Nothing wrong with free publicity.
    However, they can choose not to do anything with your "Affiliate Trademarks" in terms of marketing or promotion.
    So the passage is saying they might wish to promote you and if they do they
    would use the "Affiliate Trademarks" specified in the above terms.

    You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant us the license to use the same contemplated in this Agreement and that such grant does not and will not (a) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you or (b) infringe upon any trademark, trade name, service mark, copyright or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement.
    That passage is saying: You are being honest in the representation that the
    "Affiliate Trademarks" are yours, created by "you," and not somebody else's.
    If you gave them the Coca Cola logo and said it was yours, you would be
    lying and that would be an infringement on another company's rights.

    All they are saying is: we'd like the option to promote & market you but
    we don't want to be obligated to do so. If we promote you, your names, titles, logos, trademarks and urls (collectively, the "Affiliate Trademarks")
    better really be yours.

    There is nothing wrong with the passage. I would say "yes" if I trusted
    the company & wanted to work with that company.

    Disclaimer: I am not a lawyer. My advice is not legal advice.
    Find out if any dispute would be resolved via arbitration or via court and find out what
    geographic jurisdiction would apply.
    If you have further questions, consult an attorney.
    There is a Consumer FindLaw on Twitter, Facebook, & G+ -- I think they have a forum.
    Last edited by Rhia7; March 26th, 2013 at 01:46 AM.
    ~Rhia7 -- Remember the 7
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  16. #13
    ...and a Pirate's heart. Convergence's Avatar
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    You sure you're not an attorney? You rambled on like one

    You grant us a non-exclusive license to utilize your names, titles, logos, trademarks and urls (collectively, the "Affiliate Trademarks") to advertise, market, promote and publicize in any manner our rights hereunder; provided, however, we shall not be required to advertise, market, promote or publicize your Web site.
    Part I was commenting on was their inclusion saying by becoming their affiliate they can use MY stuff for their own purposes. That's all. Didn't give a rat's ass and wasn't commenting on any other part of the "complete" contract...
    Salty kisses, Sandy toes, and a Pirate's heart...

  17. #14
    What's the word? Rhia7's Avatar
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    Convergence, they used these words in relation with what
    they might do with "your stuff:"

    advertise, market, promote and publicize
    What if You have a fantastic site, so fantastic that they
    want to name drop you/your site/logo in their radio and television commercials
    in order to advertise, market, promote etc...?

    I see it as including you with further promotions.

    I'm not telling you what to agree to but if I were able to
    read the entire agreement and I thought this was a reputable
    company, I would be inclined to agree.
    Before I agreed, I would want to know more about the
    dispute resolution process and the jurisdiction involved
    in case a dispute resulted. If the jurisdiction is in a foreign
    country I wouldn't agree to the contract.

    It's not an agreement that would let them copy your site
    and say it is theirs.

    It looks as if they have various promotions in mind and are asking
    if they could use what they specified in further promotions.
    Last edited by Rhia7; March 26th, 2013 at 02:08 AM.
    ~Rhia7 -- Remember the 7
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  19. #15
    What's the word? Rhia7's Avatar
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    There is an affiliate site that was advertised on radio.
    "Quit Your Day Job" or "My Day Job" that went so
    heavy one year on radio that one of my older relatives
    who has trouble turning on a computer knew about that
    site.

    What if the Company quoted in Post #8
    had visions of advertising/promoting on television or radio?
    Video? What about promotions on Youtube or Hulu?

    The quote is very specific about what the "Affiliate Trademarks"
    consist. Specifics are great. What exactly is included?

    What if the company had an ad on Hulu and said:
    "See our products featured on ConvergenceAffiliate.com"
    That would be free publicity for you.
    ~Rhia7 -- Remember the 7
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  20. #16
    ...and a Pirate's heart. Convergence's Avatar
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    Not entering into an agreement to promote them AND give them the right to use my company in their promotions. Just not going to happen without a separate agreement...
    Salty kisses, Sandy toes, and a Pirate's heart...

  21. #17
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by Convergence View Post


    Not entering into an agreement to promote them AND give them the right to use my company in their promotions. Just not going to happen without a separate agreement...
    That makes sense.

    If someone was interested in such a potential agreement,
    the affiliate could email and ask what type of promotions
    did the company have in mind?
    ~Rhia7 -- Remember the 7
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  22. #18
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    Two sentences into that agreement my ADD would be screaming; DECLINE! DECLINE! DECLINE! FREECELL! FACEBOOK! SHINY THINGS!

  23. #19
    ABW Ambassador JoyUnltd's Avatar
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    Quote Originally Posted by Convergence View Post
    More than one merchant has that in their terms - seen it before...
    TY! Never read the fine print so finely.
    Renée
    Pay no attention to that woman behind the curtain. -Wizardress of Oz

  24. #20
    ABW Veteran Mr. Sal's Avatar
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    One of the main issues I see with those emails is not only what they say, but the way those emails are sent.

    One thing is to email those New Agreement no matter how long they're, but another thing is to send those unformated Agreement letter to confuse and or annoy, those that decide to read them...

    They should send a copy of those emails to themselves and try to read them, before they bulk-email their affiliates database.

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