Pure Jake© eBooks & Videos - Affiliate Program

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Terms and Conditions
	Affiliate Terms and Conditions Please read these Affiliate Terms and Conditions carefully before applying to become an Affiliate, as they set out our and your legal rights and obligations in relation our Affiliate Program. You will be asked to agree to these Affiliate Terms and Conditions before becoming an Affiliate. ... 1. Definitions and interpretation 1.1 In the Agreement: "Acceptance Email" means an email sent by the Merchant to the Affiliate in accordance with Clause [2.3] confirming that the Affiliate has been accepted into the Affiliate Program; "Affiliate" means the person (natural or legal) specified as the applicant for our Affiliate Program on the Registration Form; "Affiliate Program" means the Merchant's affiliate Program detailed in the Agreement [and on the Merchant Website]; "Affiliate Website" means the website or websites owned and operated by the Affiliate and specified by the Affiliate on the Registration Form; "Agreement" means the agreement between the Merchant and the Affiliate incorporating these Affiliate Terms and Conditions, the Registration Form and the Acceptance Email, and any amendments to it from time to time; "Link" means a hyperlink (whether in text or in an image or otherwise) from the Affiliate Website to the Merchant Website enabling the Merchant to track visitors from the Affiliate Website to the Merchant Website using its affiliate tracking system. "Merchant" means PURE JAKE BOOKS & VIDEOS (Or other sites as the Merchant may from time-to-time establish) a sole proprietorship having its principal office at 725 Williamsboro Street, Oxford, NC 27565-3034. Contact person is Jake Jakubuwski, owner, or Kelly Johnson, Web Master. Email address is info@purejake.com. ["Merchant Website" means the website[s] accessible via the following URL http://www.purejake.com as well as other sites not yet determined but offered as available: Plus any other websites notified by the Merchant to the Affiliate from time to time; OR "Merchant Website" means those websites specified by the Merchant [in the Acceptance Email, plus any other websites notified by the Merchant to the Affiliate from time to time. "Payments" means payments of such amounts as are specified by the Merchant from time to time on the Merchant Website in respect of the relevant type of Payment Trigger; "Payment Trigger" means: [(a) a purchase of the Merchant's goods or services on the Merchant Website made by a user who [first] visited the Merchant Website by means of a Link and who made such purchase within [[30 / 60 / 90] days] of the date of that [first] visit, providing that such user did not at any time between the visit and the purchase visit the Merchant Website by means of a hyperlink associated with another affiliate within the Affiliate Program; [(b) the submission of a completed registration form on the Merchant Website by a user who [first] visited the Merchant Website by means of a Link and who submitted such registration form within [[30 / 60 / 90] days] of the date of that [first] visit, providing that such user did not at any time between the visit and the registration visit the Merchant Website by means of a hyperlink associated with another affiliate within the Affiliate Program; and… [(c) a unique user visit to the Merchant Website made by a user through a Link, providing that a user will not be considered a "unique" user if that user has at any previous time visited the Merchant Website; "Prohibited Materials" means content, works or other materials that constitute, or that the Merchant and/or Web Master - At Their Sole Discretion - reasonably determines constitute: (a) material that breaches any applicable laws, regulations or legally binding codes; (b) material that infringes any third party intellectual property rights or other rights; (c) indecent, obscene, pornographic or lewd material; (d) material that is offensive or abusive, or is likely to cause annoyance, inconvenience or anxiety to another internet user; (e) computer viruses, spyware, Trojan horses or other malicious or harmful routines, programs or software; and/or (f) spam or unsolicited bulk email [or unsolicited commercial email]. (g) The Merchant reserves the right to remove, block or otherwise restrict any affiliate that they deem to have violated the "Prohibited Materials" section of this agreement. "Registration Form" means the HTML form on the Merchant Website enabling users to apply to become Affiliates; "Term" means the term of the Agreement; and "Verified Payment Trigger" means a Payment Trigger that has been verified by the Merchant using its affiliate tracking system (for the avoidance of doubt, this excludes both Payment Triggers that have not been so verified and events that are not Payment Triggers but are falsely verified as such). ... 2. The Agreement 2.1 This agreement and the terms set forth herein constitute the full agreement between the parties as enumerated. However, this agreement may be modified, changed or altered by the Merchant when and if necessary; with such changes, modifications or alterations being set before the Affiliate for their consent and acceptance. ... 3. Affiliate Program 3.1 The Affiliate [may / will within [7] days] following the Effective Date include [at least one Link / Links] on the Affiliate Website, and will maintain at least one Link on the Affiliate Website during the Term]. [3.2 The Affiliate will be granted access to an Affiliate control panel on the Merchant Website during the Term, from which the Affiliate will be able to: (a) alter the Affiliate's account details and preferences; (b) access analytics information relating to the Affiliate's performance; and (c) download code to use as Links.] 4. Affiliate obligations ... 4.2 The Affiliate must not: (a) include any Prohibited Materials on the Affiliate Website, or include any hyperlink to any Prohibited Materials on the Affiliate Website; (b) market the Affiliate Website using spam or unsolicited emails or other unsolicited communications, or using any form of spyware, parasite-ware, adware or similar software, or using any other antisocial or deceptive methods; and (c) increase or seek to increase the number of Payment Trigger events using any fraudulent or deceptive method. 4.3 The Affiliate will not take any action in connection with the Affiliate Program which might reasonably be expected to lead to the possibility of damage to the reputation and goodwill of the Merchant and/or the Merchant Website(s). 5. Intellectual Property Rights ... 5.2 All intellectual rights, copyrights, ownership and other rights under the Laws of The United States, belong to the author of such intellectual property and the Affiliate has no claim, interests or possession of said material except as specified in this agreement 6. Payments 6.1 In respect of each Verified Payment Trigger, the Merchant will make a Payment to the Affiliate, subject always to the other terms of the Agreement. Said payment will be a percentage of each sale as determined by the Merchant and disclosed only to the Affiliate at the time this agreement is executed. 6.2 The Merchant will account to the Affiliate for all Payments due in respect of [a calendar month] before the end of the following [calendar month], unless the amount due is less than $1.00 USD, in which case the Payments may be held over to the next accounting date. All monies due the Affiliate at the end of any accounting period shall be remitted to the Affiliate via the Affiliate's PAYPAL account and the Affiliate is responsible for all fees, charges and setoffs imposed by PAYPAL regarding the remission of such funds to the Affiliate by the Merchant. 6.3 The Affiliate is responsible for all taxes, duties, fees and costs imposed by any state, province or governmental body regarding the fees earned by the Affiliate. 6.4 If the Merchant is required by law to deduct withholding tax or any other taxes or duties from any Payments, now or in the future, then the Merchant will deduct such amounts from the Payments before paying them to the Affiliate. ... 6.7 No Payments will be due in respect of: [(a) any visits to or actions upon the Merchant Website made by or on behalf of: (i) the Affiliate; (ii) any parent undertaking or subsidiary of the Affiliate; (iii) any employee, agent or officer of the Affiliate or any parent undertaking or subsidiary of the Affiliate; or (iv) any natural person related to any of the above;] [(b) any amount received by the Merchant by means of the fraudulent or unlawful use of a credit, debit or other payment card, or by any other fraudulent or unlawful means; or] (c) any purchases on the Merchant Website which are subsequently cancelled, refunded, reversed, or charged-back, and the Merchant will be entitled to require repayment of Payments made as a result of such visits, actions and purchases. ... 7. Warranties 7.1 The Merchant makes no warranties as to the fitness of any materials sold by the Affiliate on behalf of the Merchant except to state that each item (eBook, ePamphlet, PDF or document is as claimed regarding content. Otherwise there is no claim, warranty either expressed or implied regarding the content ... 8. Indemnity 8.1 The Affiliate hereby agrees to indemnify and hold harmless the Merchant against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any negligent act or omission of the Affiliate in the performance and/or failure to perform within this agreement including the negligent acts or omission of any Affiliate or any direct or indirect employees of the Affiliate. ... 9. Limitations and exclusions of liability 9.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE (THE MERCHANT), ON BEHALF OF OUR EMPLOYEES, OWNERS, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. .. 10. Force Majeure Events ... 10.1 This clause does not permit non-performance of either party's obligations hereunder due to negligence or malfeasance. Either, or both parties may be free from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (such as hurricane, flooding, earthquake, volcanic eruption, etc.), cyber attack or electronic failure do to any cause, prevents one or both parties from fulfilling their obligations under this agreement. 11. Termination ... 11.1 The Affiliate may terminate this agreement at any time by removing the unique link from their website that connects them to the Merchant's website and informing the Merchant via email, or other accepted means, of their desire to dissolve their affiliation with the Merchant. 11.2 The Merchant may terminate an Affiliate by removing, or blocking, their access via unique link to the Merchant's products. Any "commissions" or monies due the Affiliate by the Merchant shall be forwarded at the next and normal payment cycle in the event of such termination. 12. Pricing and Selling of Merchant's Goods ... 12.1 The Affiliate agrees to sell the Merchant's eBooks at a price equal to, or greater then the suggested price from the Merchant. In return, the Merchant agrees to pay each Affiliate a percentage of each sale as agreed at the time the Affiliate activates their "account" 12.2 The Affiliate is NOT liable for any fees, payments, royalties or franchise fees to the Merchant by reason of and for participating in the PURE JAKE BOOKS & VIDEO affiliate program. 12.3 The Affiliate is not required to "sell" any specific amount of merchandise offered by the Merchant and is not obligated to any contractual "time of service" as specified in 11.1 above. 13. General 13.1 As of November 15, 2011, this agreement constitutes the entire agreement between the MERCHANT and the AFFILIATE. Any changes, modifications, alterations, additions or deletions will be at the MERCHANT'S discretion and the Merchant will notify the Affiliate in a timely manner of such changes, modifications, etc. 13.2 By "ACCEPTING" these terms and conditions electronically, both parties agree that that acceptance constitutes a valid, defensible and legally binding agreement between the two parties. ...
	I have read, understand and agree to the above terms and conditions.

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