|
Online Store Accessories
Featured Products
|
Brown Bag Gourmet Goodies, LLC
Affiliate/Consultant Agreement
Effective 7-12-07 and supersedes all other agreements
Current Affiliates Log In
To be an authorized affiliate of Brown Bag Gourmet Goodies, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Brown Bag Gourmet Goodies service as an affiliate. By signing up for the Brown Bag Gourmet Goodies affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
Affiliate Program Registration. This agreement contains the complete terms and conditions that apply to your participation as and affiliate of Brown Bag Gourmet Goodies, Inc. Affiliate Program, where you place your links, from your Web Site to Brown Bag Gourmet Goodies, LLC. Web Site. By clicking on the JOIN NOW button you are stating that you have read and understand the terms of the Affiliate Program herein, and agree to be legally bound by the terms. ENROLLMENT IN THE PROGRAM To begin the enrollment process, you will submit the application contained in this agreement. We will evaluate your Web Site and will notify you of your acceptance or rejection. We may reject your application, or terminate your affiliate status at any time if we determine (at our sole discretion) that your site is unsuitable for our Affiliate Program for any reason including, but not limited to, violence promoted at your site, sexually explicit materials, profane/unappropriate language/images, discrimination based on race, sex, religion, nationally, disability, age, sexual orientation, promotion of illegal activities, or if your site incorporates materials that infringe or assist others to infringe on copyright, trademark or other intellectual property rights. Web Site is not manditory to become an affiliate. $25.00 Minimum Purchase IS REQUIRED each 3 month quarter to remain active. (Your initial start-up fee will cover this for your first 6 months with Brown Bag Gourmet Goodies, LLC). Start-Up Kit will include: Coffee Grinder, grinder brush, samples of our luscious gourmet coffee beans, catalog,and 24 BBGG starter business cards. LINKS ON YOUR SITE You will receive the link code to our site immediately, giving you the opportunity to start without waiting our approval of your site. If your application is declined, all links, banners, logos, ect. belonging to Brown Bag Gourmet Goodies, LLC must be removed immediately of notification via email. ORDER PROCESSING AND REPORTING You will receive the link code to our site upon approval and you will be set up on the cart to receive your 10% per order commission immediately. No discounts are given on sale items, start-up kits, variety packs, catalogs, or shipping charges. Services contracted and products purchased by customers who follow links from your site to our site will be processed and tracked. We are responsible for order processing and fulfillment including, but not limited to, processing payments, returns and handling customer service. Sales initiated by customers tracked from your site to our site will be recorded in sales reports available at ww9.aitsafe.com/mtracker. We are NOT responsible to pay you commission on orders placed by your customers who may order off our site without coming through your linking code. REFERRAL STRUCTURE, LIMITATIONS AND FEES ARE AS FOLLOWS: 1. The referral fee is as per scheduled for each new client. The referral rate is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the referral fee. Any subsequent change or changes in duties or compensation will not affect the validity or scope of this Agreement. 2. Payments will be made during the order processing time via PayPal. 3. You will be able to purchase, at a 10% discount.
Sale items, catalogs, business supplies and shipping are not included in the sales figures toward the monthly earnings. If a sale comes through with your referral link, but also has some retail items we will recalculate your referral.
4. You will keep all information updated and current on your site, where you promote, and in your mtracker account (ww9.aitsafe.com/mtracker), or we reserve the right to terminate your affiliate account. The email address given on your account MUST be your Paypal address.
5. If we receive an order through your affiliate link from our existing customers you will NOT receive a referral fee.
6. If we find that there are any attempts at usurping the system, we will terminate your affiliate account. This is a rising problem among affiliates and will not be tolerated.
7. AFFILIATES:
a. You will NOT receive commissions/discounts on Start-Up or Variety Packs, purchase of any business supplies or items on sale or closeouts.
b. Company Information: I agree at all times during the Affiliate term and thereafter, to hold in strictest confidence, and not to use, except for the benefit of the Company, or to disclose to any person, firm or corporation without written authorization from Susan Mattia, owner/president of Brown Bag Gourmet Goodies, LLC any Confidential Information of the Company. I understand "Confidential Information" to be any Company information, technical data, trade secrets or know-how, including but not limited to: research, product plans, products, services, customer lists and customers, markets, software and other business information disclosed to me by the Company either directly or indirectly in writing, orally or by drawings or observation of parts or equipment.
8. No costs are deducted from PayPal payments except those costs charged by PayPal themselves. Net Sales will be reduced for amounts due to credit card fraud, bad debts, cancellations and credits. A commission will only be paid if the visitor to our site is tracked by the system from the time of the link to the time of the sale. No commission will be paid if the visitor to our site cannot be tracked by our system
9. Policies - Customers, Products & Services
Customers who buy products and services through our Affiliate Program will be deemed to be customers of Brown Bag Gourmet Goodies, LLC. Accordingly, all Brown Bag Gourmet Goodies rules, policies, and operating procedures concerning customer service and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products and services sold under our Affiliate Program in accordance with our own pricing policies.
10. Limited License
We grant you a non-exclusive, revocable right to use the graphic image and text and such other images for which we grant express permission, solely for the purpose of identifying your site as a Brown Bag Gourmet Goodies, LLC. Affiliate Program participant and to assist in generating product and service sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, in part or in whole, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
11. Responsibility for Your Site
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You hereby represent and warrant to us that materials posted on your site do not violate or infringe upon the rights of any third party (including, form example, copyrights, trademarks, privacy, or other personal or proprietary rights), and that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law.
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating tot he development, operation, maintenance, and contents of your site.
12. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Brown Bag Gourmet Goodies Affiliate Program registrations 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 us to terminate this Agreement. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all banners and Brown Bag Gourmet Goodies, LLC trademarks, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with our Affiliate Program. You are only eligible to earn referral fees on sales of our services and products (as per schedule) occurring during the term, and commissions earned through the date of termination will remain payable only if the related services are completed and paid in full. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
13. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our Web Site or by e-mail to your address in our records. Modifications may include, but not be limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. your continued participation in our Affiliate Program, following our posting of change notice or new agreement on our Web Site, will constitute binding acceptance of the change.
14. Relationship of Parties
You and Brown Bag Gourmet Goodies, LLC are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Web Site or otherwise, that reasonably would contradict anything in this section.
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 our Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and our Affiliate Program will not exceed the total referral fees paid or payable to you under this Agreement.
16. Disclaimers
We make no express or implied warranties or representations with respect to our Affiliate Program or any products sold through our Affiliate Program (including, without limitation, warranties of fitness, merchantability, no infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
17.Indemnification.
You hereby agree to indemnify, defend and hold harmless Brown Bag Gourmet Goodies, LLC its members, managers, shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, 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 on (I) any claim or threatened claim that our use of the Affiliate Program Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) or any claim related to your site.
18. Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
19. Miscellaneous
The laws of Michigan will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Pontiac, Michigan, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, work 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 provision or any other provision of this Agreement.
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 WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. 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. NOTICE: This program is still in its infancy stage. Therefore, Terms Of Service may need to be revised without instant notice. We will send out a new notice as soon as possible if this occurs.
By completing the form below to sign up, you agree to the terms set forth above.
Should your email address begin to bounce regularly you will be removed from the affiliate plans.
|
||||
Food, Friends Fun!
|
Brown Bag Gourmet, LLC Please Call First To Fax
2006 Brown Bag Gourmet/Brown Bag Gourmet Goodies | All rights reserved |
||||
