Please read the agreement document below before registering.
I accept these terms and wish to register.
Enrollment in the Program
To begin the enrollment process, you will submit a complete Affiliate Program Application
via our web site, bellymask.com. We will evaluate your application in good faith and will
notify you of your acceptance or rejection. We may reject your application if we determine
(in our sole discretion) that your site is unsuitable for the Affiliate Program for any
reason, including, but not limited to, if your site incorporates images or content that
is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially,
ethically or otherwise objectionable, such as sites that facilitate illegal activity,
depict sexually explicit images; promote violence; promote discrimination based on
race, sex, religion, nationality, disability, sexual orientation, or age; promote
illegal activities or incorporates any which infringe or assist others to infringe
on any copyright, trademark or other intellectual property rights.
Terms
As a participant, we will make available to you (via bellymask.com) a variety of
graphic and textual links (each of these links sometimes being referred to herein as
"Links" or, individually, as a "Link"), which, subject to the terms and conditions
of the Agreement, you may display as often and in as many areas of your web site as
you desire. The Links will serve to identify your site as a participant of our
Affiliate Program and will establish a link from your site to bellymask.com. You
agree that you will display on your web site only those graphic or textual images
(indicating a Link) that are provided to you by bellymask.com.
This Agreement is conditioned
upon and will become effective on our acceptance of your Enrollment Application
and your acceptance of the terms of the Agreement. Either party may terminate
this Agreement at any time, with or without cause by giving the other party
notice of termination. The first twelve months following the date this Agreement
becomes effective and every twelve months thereafter that this Agreement remains
in full force and in effect are each a "Term Year".
Participant is only eligible to earn
commissions on sales which are completed during the term of this Agreement, and
commissions earned through the date of termination will be payable only if the
related purchases are not canceled or returned. Bellymask.com may withhold participant's
final payment for a reasonable time to ensure that the correct amount is paid.
Commissions
A 10% commission for monthly Net Sales will be paid out to participant for Tier 1 participants.
A 5% commission for monthly Net
Sales of Tier 2 participants will be paid out to Tier 1 participants.
Only products that are sold by
us (to users of your site through Links to our site), shipped to a customer and
for which we have received full payment will qualify for a commission. For a sale
to generate a commission, the customer must follow the Link from your site to our
site, purchase the product or products in question using our online ordering system,
accept delivery of the item at the shipping destination, and remit full payment to us.
We will pay you commissions on a monthly
basis. Approximately 30 days following the end of each month, we will send you a check for
the commissions earned on products that we shipped during that month, less any taxes that
we are required by law to withhold. However, if the commissions payable to you for any
month are less than $50.00 (the "Commission Payment Threshold"), we will hold those
commissions until the total amount due is at least equal to the Commission Payment
Threshold, or after 90 days accruement of commissions. The Commission Payment Threshold
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 Commission Payment Threshold via email notification.
Bellymask.com retains the option of reviewing all
commissions prior to disbursing funds to you. This process may require a period of approximately
thirty (30) days. If products that generated a commission are returned by the customer, we will
deduct the corresponding commission from your next monthly payment. Bellymask.com also retains
the right to review all commissions for possible fraud, including but not limited to the use of
software that generates real and fictitious email addresses for newsletter and other subscriptions.
Any incidence of fraud constitutes a breach of the Agreement, and bellymask.com retains full
authority to terminate the contract immediately.
Link Approval and Tracking Orders
We will be responsible for providing 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 will process orders placed by customers who follow the Links from your site to the
bellymask.com site. We will track the volume and amount of sales generated by your
site and will make unaudited reports, summarizing this sales activity, available to
you through our site. The form, content, and frequency of the reports may vary from
time to time in our discretion. To permit accurate tracking, reporting, and fee accrual,
you must ensure that the Links between your site and our site are properly formatted.
Fulfillment
Bellymask.com will fulfill all fully paid orders for products in accordance with bellymask.com's
customary business practices. Bellymask.com shall be solely responsible for fulfilling all orders
placed by a customer as a direct result of the Links. Bellymask.com's products offered through the
Links will be supported by the same favorable warranty and return policy for such products as
offered through other bellymask.com channels. Customers who purchase through the Affiliate
Program are deemed to be customers of bellymask.com. Accordingly, all of bellymask.com's
rules, policies, and operating procedures concerning customer orders, product fulfillment,
product shipment, customer service, and use of customer names and information, will apply
to those customers.
Responsibility For Your Site
Participant shall monitor and periodically test the general availability and operation
of your web site. Participant represents and warrants that its web site will perform
adequately so that customers will be able to shop for bellymask.com's products.
Participant is solely responsible for the
development, operation and maintenance of its web site and for all materials and content that
appear on participant's web site. Such responsibilities include, but are not limited to,
the technical operation of participant's web site and all related equipment; the accuracy
and propriety of all materials and content posted on participant's site; and ensuring that
materials and content posted on your web site will not violate any laws, rules or regulations;
violate or infringe upon the rights of any third party including, without limitation,
copyright, patent, trademark, trade secret or other proprietary rights or right of
publicity or privacy; contain viruses, trojan horses, worms, time bombs, cancelbots or
other similar harmful or deleterious program routines.
Bellymask.com disclaims all liability for
all matters set forth in previous paragraph. Further, participant will indemnify and hold
bellymask.com, its parent company, subsidiaries, affiliates and their respective officers,
directors, shareholders and employees free and harmless against and from all claims,
damages, losses, liabilities and expenses (including, without limitation, attorney's fees)
relating to the development, operation, maintenance, and contents of participant's web site.
Bellymask.com reserves the right, in its
sole discretion, to monitor participant's web site, at any time and from time to time,
to ascertain whether participant is in compliance with the terms of this Agreement.
Intellectual Property/Logos/Trademarks
We grant you a non-exclusive, non-transferable, royalty-free, revocable license to access
the bellymask.com web site through the Links solely in accordance with the terms of
this Agreement and solely in connection with such Links, to use bellymask.com's logos,
trade name, trademarks, service marks and similar identifying material relating to
bellymask.com (collectively the "Marks"), for the sole purpose of selling products on
your web site for bellymask.com (but only in the form(s) as they appear on
bellymask.com's web site). You may not alter, modify, amend, or change the
Marks in any way. You are only entitled to use the Marks to the extent that
this Agreement remains in full force and effect. The use of any such Marks
requires the prior written approval of bellymask.com in all instances.
Participant shall not make any
specific use of any Marks of bellymask.com for purposes other than selling products
on participant's web site for bellymask.com without first submitting a sample of
such proposed use to bellymask.com, and obtaining the prior written consent of
bellymask.com. Participant agrees not to use the Marks in any manner that is
disparaging o otherwise portrays bellymask.com in a negative light. Bellymask.com
reserves all of its rights in the Marks and all of their other proprietary rights.
No right, property, license or interest in any Marks is intended to be given to or
acquired by participant by the execution or the performance of this Agreement.
Bellymask.com may revoke this license at any time, by giving you written notice.
Participant may not alter, modify, or change the Marks in any way.
All intellectual and proprietary
property and information, supplied or developed by bellymask.com shall be and
remain the sole and exclusive property of bellymask.com. Upon termination of
this Agreement, participant shall return to bellymask.com any and all such
property and information it received from bellymask.com and immediately cease
use of bellymask.com's Marks. Participant agrees not to contest or challenge
bellymask.com's Marks or to use any confusingly similar Marks.
Participant grants to bellymask.com
a non-exclusive, non-transferable, royalty-free license to access the participant's
web site through the Links; and use participant's trade name, titles, logos,
trademarks, service marks, products and similar identifying material relating
to participant (the "participant's Marks"), to advertise, market, promote and
publicize in any manner this Agreement, the transactions contemplated hereunder
or bellymask.com's rights hereunder; provided, however, that bellymask.com shall
not be required to advertise, market, promote or publicize, in any manner, this
Agreement, the transactions contemplated hereunder, or participant's Marks.
Promotion
Any promotional activities you may wish to engage in requires the prior
written consent of bellymask.com. Participant shall not create, publish,
distribute, or permit any written material that makes references to bellymask.com
without first submitting such material to bellymask.com and receiving written
consent thereto.
SPAM
This company has a zero tolerance policy for SPAM. Any Affiliate accused
of SPAMMING will be immediately suspended while the company, in their sole
discretion, determines if the validity of the SPAM complaint. Valid SPAM
complaints will result in the immediate termination of your account and
forfeiture of any commissions owed you.
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 Program, even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to the Agreement and the
Affiliate Program will not exceed the total commissions paid or payable to
you under this Agreement.
Indemnification
Participant agrees to indemnify, defend and hold harmless bellymask.com,
subsidiaries, affiliates, successors, and assigns and their respective officers,
directors, shareholders, and employees from and against any and all losses,
liabilities, damages, actions, claims, expenses and costs including, without
limitation, reasonable attorneys' fees, which result or arise from or are
based on the negligence of participant, its agents, servants and/or employees;
participant's breach of this Agreement or any of the terms hereunder;
any misrepresentation of a representation or warranty, or breach of a
covenant or agreement made by participant herein, or within the enrollment
application; any claim that bellymask.com's use of participant's Marks
infringe on any trademark, trade name, service mark, copyright, license,
intellectual property, or other proprietary right of any third party, or
any claim related to participant's web site, including, without limitation,
content therein not contributed directly by bellymask.com.
Disclaimer
Bellymask.com makes no express or implied warranties or representations
with reference to the transactions and services contemplated hereunder
including, without limitation, warranties of fitness for a particular
purpose, merchantability, non-infringement, or any implied warranties
arising out of performance, dealing, or trade usage. In addition, bellymask.com
makes no representation that the operation of bellymask.com's web site will
be uninterrupted or error-free, and bellymask.com will not be liable for
any consequences whatsoever of any interruptions or errors. Furthermore,
bellymask.com makes no representation, warranty or guarantee as to the
amount of commissions to be paid to participant hereunder, or as to
any asset or profitability, if any, or other benefit participant may
derive hereunder, if any.
Independent Parties
Nothing contained herein shall imply any partnership, joint venture or
agency relationship between the parties and neither party shall have the
power to obligate or bind the other in any manner whatsoever, except to
the extent herein specifically provided.
Independent Investigations
Participant acknowledges that it has read this Agreement and agrees to all of
its terms and conditions. You understand that bellymask.com may at any time,
directly or indirectly, solicit customer referrals and enter into similar
agreements on terms that may be the same, similar or differ from those
contained in this agreement or enter into an agreement with competitors
of participant.
Miscellaneous
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BELLYMASK.COM. BY CLICKING ON THE
'APPLY' BUTTON AT THE END OF THE AFFILIATE ONLINE APPLICATION, YOU ARE ACTING
ON BEHALF OF YOURSELF AS AN INDIVIDUAL OF YOUR COMPANY AND YOU ARE ACTING ON
BEHALF OF YOUR COMPANY. (THE 'AFFILIATE') AGREE(S) TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT
CAREFULLY BEFORE ACCEPTING ITS TERMS.
I accept these terms and wish to register.
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