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This contains the complete terms and conditions that apply to Partner’s (also known as “Publisher or Affiliate”) participation in the Café Britt Affiliate Program and the establishment of links from Partner’s website to the Café Britt website located at "www.cafebritt.com"(the "Web Site").
1.The Affiliate Program:
(a) As a Partner, Café Britt will make available to Partner via the Web Site a variety of graphic, product, textual and other links as determined by Café Britt Corp. (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link") subject to the terms and conditions of this Agreement. The Links will serve to identify the Partner site as a part of Café Britt’s Affiliate Program and will establish a link from Partber site to the Café Britt Web Site. Partner agrees to display on its Web Site only those Links that are provided by Café Britt through the Affiliate Network.
(b) To commence the process of enrolling as a Partner in the Affiliate Program, Partner will submit an Enrollment Application via Café Britt’s Web Site or as otherwise authorized by Café Britt. Café Britt will evaluate Partner’s application and notify Partner of acceptance or rejection; which determination shall be in Café Britt’s sole discretion.
(a) By joining or participating in the Café Britt Affiliate Program, Partner acknowledges to having read these terms and agrees to abide by them, which may be amended from time to time in Café Britt’s sole discretion. Café Britt will notify Partner of any amendment by posting a notice on the Web Site or, in Café Britt’s sole discretion, by E-mail and Partner continued participation in the Affiliate Program after such notice shall constitute Partner binding and legally enforceable agreement to such amendment.
(b) Partner is only eligible to earn commissions on sales which are completed during the term of this Agreement.
1. Offers and Engagements.
1.1. From time to time, Café Britt may post on the Affiliate Network offers to pay to other participants a specified commission in return for certain advertising services leading to a Qualifying Link (defined below). If such offers receive an identification number, they shall be deemed to be an "Offer".
1.2. At any time prior to Partner providing a Qualifying Link, Café Britt may with or without notice (a) change, suspend or discontinue any aspect of an Offer or an Engagement or (b) remove, alter, or modify any graphic or banner ad submitted by Café Britt for an Offer or an Engagement. Partner agrees to promptly implement any request from Café Britt to remove, alter or modify any graphic or banner ad submitted by Café Britt that is being used by Partner as part of an Engagement.
2. Partner's Responsibilities.
2.1. Tracking URLs placement: Partner will link its site to areas within Café Britt's site using special URLs to track referrals (the "Required URLs"). Partner may post as many links to the Required URLs and the rest of Café Britt's site as it likes on Partner's site. The position, prominence and nature of links on the Partner's site shall comply with any requirements specified in the Engagement, but otherwise will be in the discretion of Partner.
2.2. Representation: Partner agrees not to make any representations, warranties or other statements concerning Café Britt, Café Britt's site, any of Café Britt's products or services, or Café Britt's site policies, except as expressly authorized by the Engagement, as determined in Café Britt’s sole discretion.
2.3. Tracking functionality notification: Partner is responsible for notifying Café Britt and the Affiliate Network of any malfunctioning of the Required URLs or other problems with Partner's participation in the Engagement. Café Britt will respond promptly to all concerns upon notification by Partner.
2.4. CAN-SPAM compliance: Café Britt is committed to the mission of eliminating spam email on the Internet. To that end, Café Britt rigorously maintains only opt-in email addresses and always permits any email recipient to conveniently opt-out of emails. Café Britt is adamant that its partners and affiliates should be similarly diligent. To that end, Partner agrees not to send any email or other form of electronic message or advertisement containing Café Britt's name, product, website address, metatag or any other type of identifier to any recipient unless the recipient has directly consented to receive such communication from Partner or Partner has a pre-existing business relationship with the recipient and assure all its communications are CAN-SPAM compliant.
2.5. Technology: Partner agrees to abide by all applicable federal, state and local laws, including, without limitation, laws which prohibit a person or company from (a) installing spyware on another person's computer, (b) causing spyware to be installed on another person's computer, or (c) using a context based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising or other content on an Internet website in a way that interferes with a user's ability to view the Internet website. Affiliates caught using outside technologies to compromise cafebritt.com infrastructure and resources will be terminated from the program.
2.6. SEM & SEO Policies: Affiliates engaging in Search Engine Marketing or Search Engine Optimization (SEO), including their Web Site page titles or meta-tags and/or pay per click advertising (PPC) to promote Café Britt are not authorized to utilize or bid on keywords incorporating the “Café Britt” trade name (A.K.A. branded Terms) or any variation thereof. This includes possible misspellings, abbreviations, Terms identical to restricted trade name but use the wrong case, and the merging of the restricted trade name with other terms, words or phrases.
Some examples of branded terms that are off limits to affiliates include but are not limited to: “cafe britt”, “cafebritt”, “www.cafebritt.com”, “cafebritt.com”, “cafebritt”, “cafebrit.com”, “caffebritt.com”, “caffebrit.com”, “britt coffee”, “brittcoffee”, “cafebritt coffee”, “café britt coffee”, “cafe britt costa rica”, “cafebritt costarica”, “cafebritt site”, “cafe britt site”, “cafebritt website”, “café britt website”. Café Britt may, at its sole discretion, modify this list from time to time to include any other word or phrase.
2.7. Affiliates domain names can not contain any variation of the words Café Britt at any time, nor can the site resemble cafebritt.com. Partner will not frame its site so that it is confusingly similar to Café Britt’s site. Partner will not redirect traffic to Café Britt’s site where its URL remains in the address when a customer attempts to bookmark, what appears to be, Café Britt’s site, as determined by Café Britt in its sole discretion. For Café Britt’s products listed for sale on Partner’s site, Partner will direct customers only to Café Britt’s site for the purchase or will purchase the products only from Café Britt’s site. Partner will use the product images and descriptions only as provided by Café Britt and only in the manner consistent with these terms for the promotion and sale of Café Britt products.
2.8 Promotion Codes – Affiliates are only authorized to advertise promotion codes that are posted on the Café Britt Web site cafebritt.com or within the Café Britt advertiser area of the Affiliate Network in compliance with their effective date, unless otherwise pre-approved in writing by the Café Britt.
Failure to comply with this section may result immediately in permanent termination from the Merchant's affiliate program.
In accordance with section 4.2, Partner agrees to not use Café Britt’s content on any web site other than its registered Affiliate Network web site without the express written permission of Café Britt.
3.1. Café Britt agrees to pay Partner the commission specified in the program offer or terms if Café Britt sells to a visitor to Café Britt's site (a "Customer") if that Customer has accessed Café Britt's site and purchased the product or service via a Qualifying Link.
3.2. A "Qualifying Link" is a link from Partner's site to Café Britt's using one of the Required URLs or any other URL provided by Café Britt for use in the Affiliate Network if it is the last link to the Café Britt's site that the Customer uses during a Session where a sale of a product or a service to Customer occurs. A "Session" is the period of time beginning from a Customer's initial contact with Café Britt's site via a link from the Partner's site and terminating when the Customer either returns to the Café Britt's site via a link from a site other than Partner's site or the Engagement expires or is terminated, whichever is sooner.
3.3. Café Britt shall have the sole right and responsibility for processing all orders made by Customers. Partner acknowledges that all agreements relating to sales to Customers shall be between Café Britt and the Customer.
3.4. All determinations of Qualifying Links and whether a commission is payable will be made by the Affiliate Network, subject to the Engagement, as determined by Café Britt, in its sole discretion, and will be final and binding on both Café Britt and Partner. Prices for the products will be set solely by Café Britt in its discretion.
4. Ownership and Licenses.
4.1. Each party owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
4.2. Subject to Partner abiding by the provisions of these terms, including, without limitation, Sections 2, 6.1 and 7.1, Merchant grants Partner a revocable, non-exclusive, worldwide license to use, reproduce and transmit the name, logos, trademarks, service marks, trade dress and proprietary technology, and other content (collectively, “IP”) as designated in the Engagement or during the registration process in the Affiliate Network, on Partner's site solely for the purpose of creating links from Partner's site to Café Britt's site during Engagements and as contemplated by these terms. Except as expressly set forth in this Agreement or permitted by applicable law, Partner may not copy, distribute, modify, reverse engineer, or create derivative works from the same IP. Partner may not sublicense, assign or transfer any such licenses for the use of rights in and to the same IP, and any attempt at such sublicense, assignment or transfer is void. Partner will not use nor negligently nor intentionally allow any third party to use the Content for any purpose other than to drive sales to the Café Britt’s site.
4.3. Partner grants Café Britt a non-exclusive, worldwide, royalty-free license to use, reproduce and transmit any graphic or banner ad submitted by Partner solely for co-branding purposes or as a return link from Café Britt's site to Partner's site. Café Britt will remove such graphic or banner ad upon Partner's request.
5.1. Either party may terminate any Engagement at any time by deleting their acceptance of the Engagement through Affiliate Network. Termination of an Engagement shall not terminate this Agreement or any other Engagement.
5.2. Either party may terminate this Agreement at any time, for any reason, provided that they provide at least five day's prior written notice of such termination to the other party and Affiliate Network. Termination of this Agreement shall also terminate any outstanding Engagements. However, all rights to payment, causes of action and any provisions which by their terms are intended to survive termination, shall survive termination of this Agreement until its fulfillment.
6.1. Each party represents to the other that (a) it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby, and (b) any material which is provided to the other party and displayed on the other party's site will not (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation, including, without limitation, any anti-spam or other email or electronic commerce related law; (iii) be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding unfair competition, anti-discrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines (c) it shall not send any email or other form of electronic message or advertisement containing the other's name, product, web site address, metatag or any other type of identifier to any recipient unless the recipient has directly consented to receive such communication from the sender or sender has a pre-existing business relationship with the recipient; and (d) it shall provide any recipient of such communication with the ability to “opt out” of further communications from the sender either by calling a toll free number or by sending an “unsubscribe” email to the sender.
6.2. EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF CAFÉ BRITT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.1. Each party hereby agrees to indemnify, defend and hold harmless the other party and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein including, without limitation, those contained in Sections 2., 4.2 and 6.1 of this Agreement.
8. LinkShare Required Provisions.
8.1. If the engagement is established through the Linkshare Network™, Café Britt and Partner jointly and severally hereby agree to indemnify, defend, and hold harmless The LinkShare Network™ and LinkShare Corporation and its affiliates, officers, directors, employees and agents (collectively, "LinkShare") from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any Offer, Engagement, any other matter related to this Agreement or the subject matter hereof any dispute relating thereto.
8.2. The parties agree that LinkShare may rely on any data, notice, instruction or request furnished to LinkShare by either party which is reasonably believed by LinkShare to be genuine and to have been sent or presented by a person reasonably believed by LinkShare to be authorized to act on behalf of one of the parties. In the event of any dispute between the parties, the parties agree that to the extent the parties contact and involve LinkShare, LinkShare may consult with and use counsel of its own choice in connection with such dispute and the reasonable fees and disbursements of LinkShare's counsel shall be within the costs and disbursements covered by the indemnity specified in Section 8.1 above.
9. Limitation of Liability.
9.1. In no event shall either party be liable to the other party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages. Notwithstanding the foregoing, Partner shall be liable to Merchant for any and all damages, losses or expenses (including attorneys' fees and other costs of defense) incurred in connection with all suits, claims, demands, or liabilities whatsoever, in law and equity, arising out of or resulting in any way from any actual or alleged violation by Partner of Sections 2.2, 2.3, 4.2, and 6.1, or pursuant to 7.1 of this Agreement.
9.2. The parties agree that the Affiliate Network and its affiliates, officers, directors, employees and agents shall not be liable to either party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages.
10.1. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
10.2. The parties agree that the Affiliate Networks are intended third party beneficiaries under this Agreement.
10.3. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of Café Britt's headquarters. Any action to enforce this Agreement shall be brought in the federal or state courts located in that state. If you need to send official correspondence, send it via registered mail to Café Britt's headquarters to the attention of Café Britt's legal department.
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