Effective Date: August 3, 2007
Welcome to the Walking Bliss Meditations (“WBM”) Affiliate Agreement ("Agreement").
This Agreement sets forth the terms and conditions under which WBM makes the WBM Affiliate Program ("Affiliate Program") available to you. By becoming a WBM Affiliate and using the Affiliate Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Affiliate Program.
WBM reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the walkingbliss.com website. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the walkingbliss.com website will constitute binding acceptance of the changes.
1. Becoming a WBM Affiliate
1.1 Eligibility. WBM will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. WBM reserves the right to terminate or decline any parties for any reason.
1.2 Opening an Account. To become an Affiliate and have the right to participate in the Affiliate Program, you must enroll in the Affiliate Program by opening an Affiliate account ("Account") with walkingbliss.com through its online registration process.
1.3 Contact Information. You must provide walkingbliss.com with accurate and complete contact and payment information when you open an Account. All payments will be made through Paypal. Paypal is the only option of payment.
1.4 Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify walkingbliss.com immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity.
2. Your Obligations
2.1 You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of WBM and third parties. WBM reserves the right to terminate any affiliate relationship based on conflicting site content or misuse of link or WBM logo.
3. Customers Purchasing Via the Affiliate Program.
3.1 Order Processing and Reporting. WBM will process all product orders placed by customers who follow Special Links to the walkingbliss.com. WBM reserves the right to reject orders that do not comply with any requirements that WBM has and may periodically establish. WBM will be responsible for all aspects of order processing and fulfillment.
3.2 Customers. Customers who buy products through the Affiliate Program will be deemed to be customers of WBM. Accordingly, all of the walkingbliss.com rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. WBM may change the walkingbliss.com policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your web site. Walkingbliss.com will use commercially reasonable efforts to present accurate information, but WBM cannot guarantee the availability or price of any particular product.
4. Affiliate Commissions and Reporting.
4.1 Affiliate Commissions. You will receive 30% of all qualifying sales that originate from your site.
4.2 Commissions will be paid at the end of the month and only when your account has inexcess of $50.
5. Limited Licenses.
5.1 WBM License to You of Logo and Links. WBM grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by WBM, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant and to assist in generating Commissions. In addition, WBM grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your web site or web space to the walkingbliss.com website and promoting the sale of products on the walkingbliss.com website. All product images must be served by the waklingbliss.com website and cannot be used in any form other than the form provided by WBM. You may not modify the graphic images or text, or any other of the WBM images, in any way. WBM may revoke your license at any time by giving you written notice. WBM reserves all of its rights in the graphic images, text, any other images, WBM trade names and trademarks, and all other intellectual property rights. Any and all rights in and to WBM intellectual property shall inure to the benefit of WBM.
6. Indemnification.
As you are bound by the Terms of Service in using the Affiliate Program, you must indemnify, defend and hold WBM and walkingbliss.com website harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the Affiliate Program in accordance with Section 7 of the Terms of Service. You must also indemnify, defend, and hold WBM and walkingbliss.com website harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation
(a) any claim that WBM’s and walkingbliss.com website use of any images provided via your web site or web space infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or
(b)any claim related to your web site, including, without limitation, content therein not attributable to WBM. WBM may withhold any Commissions that it owes you if you have to indemnify WBM or walkingbliss.com website.
7. Term and Termination.
7.1 Term. The term of this Agreement will begin upon WBM’s acceptance of your Affiliate Program application and will end when terminated by either party.
7.2 WBM Termination. In its sole discretion, with or without notice to you, WBM may terminate your participation in the Affiliate Program and terminate your Account. If WBM determines, in its sole discretion, that you are abusing the system, the walkingbliss.com Service and/or the WBM Affiliate Program, WBM may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any Commissions payable to you.
8. Your Termination.
8.1You may terminate your Account for any reason at any time.
8.2 Effect of Termination. You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. WBM may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the waklingbliss.com website, product images from the walkingbliss.com database, all WBM trademarks, trade dress and logos, all Special Links, and all other materials provided by or on behalf of WBM to you pursuant hereto or in connection with the Affiliate Program.
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