BBS Network, Inc. - Affiliate Program

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Terms and Conditions
	BBS Network Inc. AFFILIATE PROGRAM If you have any questions regarding the affiliate program terms and conditions please e-mail doug@bbsradio.com Affiliate Program Terms and Conditions This agreement describes the terms and conditions for participation in the BBS Network Inc. Affiliate Program ('Affiliate Program'). The terms "Affiliate," "you," and "your" refer to you, the applicant. "We" and "our" refer to BBS Network Inc., also known as BBS Radio (“The Company”). The Company has established an Affiliate Program for the purpose of (i) allowing affiliates to advertise and promote the Company's products on their web sites, amd (ii) establishing links from affiliates' sites to BBSRadio.com for the purpose of allowing users of affiliate sites to purchase products from BBSRadio.com WHEREAS, you desire to be accepted by the Company as an affiliate in the Affiliate Program, and to advertise and promote the Company's products on your web site and to allow users of your site to link to BBSRadio.com for the purpose of purchasing Company products, among other things; NOW, THEREFORE, in consideration of the covenants and premises contained herein, the parties agree as follows: THE APPLICATION The Company will evaluate your application and will notify you via the e-mail address listed in your Application of its acceptance or rejection of you as an affiliate. The Company may reject your application for any reason or for no reason in its sole discretion. Determining factors may include, but are not limited to, such things as unlawful, harmful, threatening, defamatory, obscene, harassing, discriminatory, or otherwise objectionable material on your website. If the Company rejects your application, you may reapply for participation in the Affiliate Program at any time. COMMISSION FEES You will receive 55% commission on gross sales! Gross sales is defined as the total order amount less any fees for shipping & handling, taxes and/or other duties charged the customer. You will receive a further 35% commission on affiliate earnings. Commission will be paid the month after the order was placed, on the 5th day of every month, however we reserve the right to make payments up to 60 days after any commission payments or sign-up bonuses have been approved. You must have at least $100 accumulated to be paid. We will not send smaller payments. For a sale to generate a commission to an Affiliate, the customer must complete the secure order form and remit full payment for the service ordered. If a credit card is declined, no successful order was made, and thus no commission is earned. The software can only track orders generated through the secure order form, thus any purchases made via telephone, check, money order, paypal, Western Union, or the non-secure order form cannot be accounted for unless an individual specifically mentions you or your web site as the referral source. The large majority of orders occur through the secure online order form, so most purchases stemming from your referral will be automatically logged. Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due a billing invoice for the amount will be issued. In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your site to access our site); (b) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (c) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (d) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (e) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; (f) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action; or (g) attempt to circumvent the referral fee schedule or artificially increase your referral fees by intentionally featuring, purchasing or requesting or encouraging any third party to purchase low-price items offered on our site (as determined by us) for the purpose of exceeding any referral fee threshold. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement. ORDERS PROCESSING The Company will be solely responsible for processing every order placed by a customer on the Affiliate sites. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase products by using Special Links from your site to our site. Customers who purchase products and services through the Affiliate Program will be deemed to be customers of the Company. Prices and availability of our products and services may vary from time to time. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies. SEARCH KEYWORD GUIDELINES You shall not purchase search engine keywords or domain names that use BBS Radio's trademark "BBSRadio.com" and/or certain variations and mispellings thereof. You shall not purchase or register keywords, AdWords, search terms, domain names, or other identifying terms that include the word "BBSRadio.com" and/or certain variations and mispellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions. LINKS As an affiliate, The Company will make available to you a variety of graphic and textual images. You may, subject to the terms and conditions of this Agreement, display Links as often and in as many areas on your site as you desire. You may display in your site only those Images provided to you by the Company. We may discontinue use of or replace Images at any time and from time to time at our sole discretion. Upon request, you shall remove any Image or link from your site and replace it with a new Image or link provided by the Company. Links may be modified or expanded from time to time, however, the banner link code cannot at any time be modified by the affiliate, doing so will not allow proper reporting of traffic sent through such banner link code. Without this I.D. we cannot recognize customers and/or that their orders came from your site. Links to our site placed on your site pursuant to this Agreement and which contain your affiliate identifier are referred to as "Special Links." You are responsible for showing valid data of our products, actions, and other activities. Misinformation of our customers can lead to an end of our affiliate relationship and in that case we are not liable to pay your referral fee. You acknowledge that, by participating in the Program and placing any of the above links within your site, the Company may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Program constitutes your specific and unconditional consent to, and authorization for the Company's access to, receipt, storage, use, and disclosure of any and all such information. SPYWARE, ADWARE ADVERTISING We will refuse all applications or signups from affiliates which we believe participate in spyware, adware or parasiteware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. The Company in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions. WEB SITE RESTRICTIONS The Company reserves the right not to accept any site into the Affiliate Program based on site content. Refessal can result from the promotion of sexually explicit materials, the promotion of violence, the promotion of descrimination, the violation of intellecutal property, and/or other illegal and/or questionable activities. YOUR RESPONSIBILITY You will be solely responsible for the development, operation, and maintenance of your website and for all materials that appear on your site. You will be solely responsible for the technical operation of your site and all related equipment, the accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials), ensuring that materials posted on your site does not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal, ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers. 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 to the development, operation, maintenance, and contents of your site. You agree to pay and be responsible for all costs and expenses you may incur in connection with the Affiliate Program or your performance under this Agreement. MODIFICATION We reserve the right to modify any of the terms and conditions within this Agreement, with or without notice, at our sole discretion. These modifications may include, but are not limited to changes in referral fees, commission percentages, fee schedules, payment procedures and Program rules. You may terminate this Agreement if any modifications are deemed unacceptable to you! This is your only recourse! If you continue to participate in the Affiliate Program, it will be considered as your acceptance of any changes. RELATIONSHIP OF PARTIES You and the Company are independent contractors, and nothing in this Agreement shall be construed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on behalf of the Company. You may not make any statement, whether on your site or otherwise, that contradicts anything contained in this Section. IDENTIFICATION AS AN ASSOCIATE You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement. ABOUT LIABILITY We will not be liable for indirect, special, or consequential damages or any loss of revenue, profits, or data arising in connection with the agreement or the Software program, even if we have been advised of the possibility of such damages. Furthermore, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement. TERM OF AGREEMENT The term of this Agreement will begin upon our acceptance of your Program application 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 electronically written notice of termination sent by email. 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 Company trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on our sales of qualifying products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. You have the right to terminate your affiliation at any time. Simply email doug@bbsradio.com or mail the Company at 5167 Toyon Lane, Paradise, CA, 95969. DISCLAIMER The Company makes no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time. The Company makes no express or implied warranties or representations with respect to the Affiliate Program, BBSRadio.com, or any Company products sold through the Affiliate Program, including, without limitation, warranties of product benefits, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage. LICENCES, LOGOS & TRADEMARKS The Company grants you a limited, non-exclusive, non-transferable, revocable right to (i) access The Company through the Links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such Links, to use the The Company trademark and logo and similar identifying material relating to The Company (the 'Licensed Material'), but only in the form(s) that they appear on BBSRadio.com, for the sole purpose of promoting the Company's products on your site. You may not copy, except as expressly set forth in this Agreement, distribute, alter, modify, reverse engineer, or create derivative works from the Licensed Materials. The Company may revoke your license at any time by giving you written notice. Any goodwill arising out of your use of the Licensed Materials shall inure to the benefit of The Company only. You shall not make any specific use of any Licensed Materials for purposes other than promoting The Company's products on your site. You agree not to use the Licensed Materials in a manner that is misleading or deceptive or disparages The Company, its site, the Affiliate Program or The Company's products or services or that otherwise portrays The Company, in its discretion, in a negative light. The Company reserves all rights in the Licensed Materials. At no time during the Term or thereafter will you challenge, or assist others in challenging, the validity of the The Company Licensed Materials or the registration thereof or attempt to register any confusingly similar trademarks, service marks, logos, trade names or domain names. You grant to The Company a non-exclusive license to use your names, titles, logos, and trademarks (the "Affiliate Trademarks"), to advertise, market, promote, and publicize in any manner your participation in the Affiliate Program, and/or The Company's rights hereunder. Notwithstanding the foregoing, The Company is not obligated to advertise, market, promote, or publicize your participation in the Affiliate Program, the existence of the Affiliate Program, or any other aspect of the Affiliate Program. The licenses granted hereunder shall run concurrently with the term of this Agreement. REPRESENTATIONS & WARRANTIES You hereby represent and warrant that: a.) This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. b.) The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties. c.) You are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant licenses to use your trademarks in the manner contemplated herein, and such grant does not and will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. d.) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby. e.) There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any affiliate of yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding. CONFIDENTIALITY Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning The Company or you, respectively, or any other affiliate, provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder. INDEMNIFICATION You shall indemnify and hold harmless The Company and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that BBSRadio.com's use of the Affiliate Trademarks infringes any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to The Company. The Company shall indemnify you against Losses that arise out of any claim that your use of the Images provided to you by The Company infringe any rights of a third party; provided that the Images have not been modified by anyone other than The Company. INDEPENDENT EVALUATION YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT THE COMPANY MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT POTENTIAL AFFILIATES ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTY, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. GOVERNING LAW This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in The State of California, and you irrevocably consent to the exclusive jurisdiction of such courts. MISCELLANEOUS You may not assign this Agreement, by operation of law or otherwise, without the prior written consent of The Company. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. This Agreement contains the complete understanding between the parties pertaining to the subject matter hereof. The Company's failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such a provision or any other provision of this Agreement. Should any one or more provisions of this Agreement be determined illegal or unenforceable by any court of competent jurisdiction, all other provisions shall remain effective.


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