1. Joining the Program
By filling out the signup form you will automatically become an AFFILIATE and
are bound by the terms of this agreement. Your participation in the program is
solely for this purpose: to legally advertise our website to receive a
commission on products purchased by your referral individuals.
2. Payment Schedule
a. Eligible payments - all AFFILIATE monies due for orders generated as a result of AFFILIATE links/Web Site will be held for 30 days after the Shipping Date of an order. Orders are typically shipped within 1-3 days after a order is placed. This allows us ample time to compensate for returns, exchanges or canceled orders. Payments will be calculated and checks sent out to AFFILIATE during the last week of any given month according to the terms and conditions of this document.
b. AFFILIATE Payments - payment to AFFILIATE will not be rendered for amounts less than $50.00 USD unless requested by AFFILIATE. Example: if you have a total of $50.00 in sales you would have $5.00 in your affiliate account, thus your account will carry over into the next months cycle. When your account total reaches $50.00 or more you will be sent a check or sent a PayPal payment provided all orders associated meet the conditions set forth in (a) above.
c. Store Credit can be issued upon request in lieu of payment by check or PayPal to AFFILIATE.
3. Revocation of AFFILIATE Status
Your AFFILIATE application and status in the program may be suspended or
terminated for any of the following reasons:
· Inappropriate advertisements (False claims, misleading hyperlinks, etc.)
· Spamming (mass email, mass newsgroup posting, etc...)
· Advertising on sites containing/promoting illegal activities
· Violation of intellectual property rights.
4. AFFILIATE Links
You may use graphic and text links both on your Web Site and in emails. The
site may also be advertised "offline" in classified ads, magazines,
and newspapers. You may use the graphics and text provided to you by us, or you
may create your own as long as they are approved by us first.
5. AFFILIATE Tracking
When a web surfer clicks through your AFFILIATE link, a cookie is set in their
browser that contains your AFFILIATE username. Also, their IP address is
tracked in the database along with your AFFILIATE name. When this person
decides to buy a product, the script will look for this cookie and/or try to
match their IP address to identify the AFFILIATE who will be awarded the
commission. Visitors sent through your AFFILIATE link may make a purchase later
in time and the commission will still be awarded if the cookie is present in
their browser and/or the are using the same IP address as the one logged in the
database.
6. Terms of the agreement
These terms will begin upon your signup with the AFFILIATE program and will end
when your AFFILIATE account is terminated. The terms of this agreement may be
modified by us at any time. If any modification to the terms is unacceptable to
you, your only choice is to terminate your AFFILIATE account. Your continuing
participation in the program will constitute your acceptance of any change.
7. Liability
We will not be liable for indirect or accidental damages (loss of revenue,
commissions) due to AFFILIATE tracking failures, loss of database files, and
any results of "intents of harm" to the program or our website. We do
not make any expressed or implied warranties with respect to the AFFILIATE
program and/or products sold at this site. We make no claim that the operation
of the AFFILIATE program and our website will be error-free and we will not be
liable for any interruptions or errors.
Affiliate further agrees and warrants that it will comply with all local, state
and federal laws (including, but not limited to, the "CAN-SPAM" Act,
effective January 1, 2004) regarding the sending of e-mails.
AFFILIATE shall indemnify and hold Josh's Frogs LLC harmless from any and all
legal actions, damages or liabilities incurred from the day-to-day operations
of AFFILIATE. Under no circumstances will Josh's Frogs LLC be liable whether in
tort, contract or otherwise for indirect, incidental, consequential, special or
exemplary damages (including but not limited to damages for any loss of
revenue, profits, business interruption, loss of business information or data,
loss of goodwill, work stoppage, hardware or software failure, or other
pecuniary loss) arising from or relating to any provision of this Agreement or
the program. Without limiting the foregoing, Josh's Frogs LLC aggregate
liability arising with respect to this Agreement will not exceed the total fees
paid or payable to AFFILIATE under this agreement.
Josh's Frogs LLC will own all right, title and interest in and to all
information that is created or collected in the operation of the Josh's Frogs
LLC Web site and reserves the right to amend or terminate this Agreement at any
time, with or without notice to AFFILIATE.
The laws of the State of California shall govern this Agreement. Should there
be any legal dispute between the parties, then both parties agree to take the
matter before arbitration/mediation in Placer County , CA should Josh's Frogs
LLC request arbitration/mediation in lieu of formal legal process. Both parties
mutually agree that the sole legal venue for all disputes shall be in the
Placer County General District Court, CA.