ERGObaby - referral incentive opportunity

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Welcome Participant! Join our referral incentive opportunity and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.

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Terms and Conditions
	This ERGObaby Affiliate Program Agreement (the "Agreement") is by and between The ERGO Baby Carrier, Inc., a Hawaiian corporation ("ERGObaby") and any individual or legal entity applying for status as an ERGObaby Affiliate pursuant to this Agreement ("You"), and sets forth the terms and conditions under which ERGObaby makes the ERGObaby Affiliate Program ("Affiliate Program") available to you. By becoming an ERGObaby Affiliate and using the Affiliate Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Affiliate Program. ERGObaby reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the ERGObaby Web Site (ergobaby.com, ergobabycarrier.com) or such other internet domain as may be designated by ERGObaby). In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the ERGObaby Web Site will constitute binding acceptance of the changes. 1. General Rules 1.1 The ERGObaby Terms of Service and the ERGObaby Privacy Policy as found on the ERGObaby Website are incorporated herein by this reference. As an Affiliate you will continue to be bound by the ERGObaby Terms of Service and the ERGObaby Privacy Policy. For purposes of clarity, the Affiliate Program is deemed part of the "ERGObaby Services," and all initially-capitalized terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service and/or the Privacy Policy. 2. Becoming a ERGObaby Affiliate 2.1 Eligibility. ERGObaby will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may participate in the Affiliate Program only under the supervision and consent of a parent or legal guardian who agrees to be bound by this Agreement. The Affiliate Program is not intended for children under the age of 13. 2.2 Opening an Account. To become an Affiliate and have the right to participate in the Affiliate Program, you must enroll in the Affiliate Program by opening an Affiliate account ("Account") with ERGObaby through its online registration process. 2.3 Contact Information. You must provide ERGObaby with accurate and complete contact and payment information when you open an Account. You must immediately notify ERGObaby via the online Affiliate Program interface, if any of your contact or payment information changes. If you do not provide ERGObaby with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Affiliate Program. 2.4 Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify ERGObaby immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify ERGObaby immediately if you become aware of any other breach or attempted breach of the security of your Account or the ERGObaby Service. 3. Your Obligations 3.1 You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of ERGObaby and third parties. You must comply with the Affiliate Guidelines and any other applicable guidelines set forth in the ERGObaby Content Usage Policy. 3.2 Special Links. As a member of the Affiliate Program, ERGObaby will provide you with special "tagged" link formats ("Special Link(s)") to be used in linking to the ERGObaby Web Site. The Special Links will permit tracking, reporting, and commission calculations. You must ensure that each of these links properly utilize the Special Link formats. You will only earn commissions on activities occurring on the ERGObaby Web Site if such activity was originated from properly formatted Special Links. ERGObaby will not be liable to you for any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts, which may otherwise be paid to you pursuant to this Agreement. 3.3 Use of Special Links. ERGObaby will provide you with the Special Links and graphical artwork to use in linking to the ERGObaby Web Site. You must use the Special Links in accordance with the terms and conditions in this Agreement and the Affiliate Guidelines. The Special Links will include, without limitation, one or more of the following types of links to the ERGObaby Web Site: (a) Portal Page Links (b) Category Links (c) Search Results Link (d) Banner Links (e) General Link To ERGObaby Home Page (f) Product Links (g) Participating Shops You may not place Special Links in third party newsgroups, third party message boards, third party blogs, unsolicited email and other types of spam, link farms, counters, chatrooms, or guestbooks. ERGObaby reserves the right, in its sole discretion, to decline or terminate permission to use the Special Links in any form or media as may be determined by ERGObaby. 4. Customers Purchasing Via the Affiliate Program. 4.1 Order Processing and Reporting. ERGObaby will process all product orders placed by customers who follow Special Links to the ERGObaby Web Site ("Customers"). ERGObaby reserves the right to reject orders that do not comply with any requirements that ERGObaby has and may periodically establish. ERGObaby will be responsible for all aspects of order processing and fulfillment. Among other things, ERGObaby will prepare order forms, process payments and handle customer service. ERGObaby will track sales made to Customers who purchase products using Special Links from your web site to the ERGObaby Web Site and will make available to you reports summarizing sales activity. ERGObaby will use commercially reasonable efforts to present accurate information in the reports, but ERGObaby cannot guarantee the accuracy of the reports. 4.2 Customers. Customers who buy products through the Affiliate Program will be deemed to be customers of ERGObaby. Accordingly, all of the ERGObaby rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. ERGObaby may change the ERGObaby policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your web site. ERGObaby will use commercially reasonable efforts to present accurate information, but ERGObaby cannot guarantee the availability or price of any particular product. 5. Affiliate Commissions and Reporting. 5.1 Affiliate Commissions. ERGObaby will pay you commissions in accordance with this Agreement and the Affiliate Commission Schedule ("Commissions"). The Affiliate Commission Schedule is incorporated herein by this reference. ERGObaby Affiliates can earn commissions on the following types of transactions: (a) ERGObaby will pay you a commission on qualifying retail sales only, (wholesale pricing does not qualify for commission), originating from Special Links on your web site or web space in accordance with the then current Affiliate Commission Schedule, as may be from time to time amended; provided that ERGObaby will provide no less than ten (10) days notice prior to any change in the Affiliate Commission Schedule. The current Affiliate Commission Schedule is attached as Exhibit A to this Agreement and incorporated herein by reference. 5.2 Payment of Commissions. (a) Tax Information. In order to receive your Commissions you must provide your taxpayer information to ERGObaby as required by the IRS. If ERGObaby does not have your current taxpayer information on file for a particular year, payments due to you under this Agreement will not be made until December 31st of such year, and all of such payments will be subject to a 30% backup withholding which will be submitted to the IRS. (b) Payment Terms. ERGObaby will pay you Commissions on a monthly basis. Within 60 days following the end of each calendar month, ERGObaby will send you a check for the Commissions you have earned for the relevant month. However, if the Commissions payable to you for any month are less than $25.00, ERGObaby will hold your Commissions until the total amount due is at least $25.00 or until this Agreement is terminated. ERGObaby may apply a debit to Your Account at any time in an amount equal to a Commission previously credited to Your Account in circumstances of: (i) product returns; (ii) duplicate entry or other clerical error; (iii) non-bona fide transactions involving fraud or misrepresentation; (iv) non-receipt of payment from, or refund of payment to customer; or (v) Your failure to comply with ERGObaby‚Äôs Terms of Service, Privacy Policies, or the Affiliate Program terms as set forth in this Agreement, as may be amended from time to time. (d) Processing Fees. If ERGObaby owes you accrued Commissions that are less than $25.00 for at least 365 days, then ERGObaby may send you payment of such accrued Commissions minus a $5 processing fee. If the amount of accrued Commissions is under $5 for at least 365 days, such amount will be used to cover ERGObaby's administrative costs and no payment will be made to you. (e) Termination Fees. If you or ERGObaby terminate your Account, and you have less than $25.00 in accrued but unpaid Commissions then outstanding, ERGObaby may charge you a $5 processing fee when sending you your final payment to cover its administrative costs. 6. Identifying Yourself As An Affiliate. 6.1 Logo. ERGObaby will make available to you a small graphic image that identifies you as an ERGObaby Affiliate Program participant. You must display this logo or the phrase "In affiliation with ERGObaby" somewhere on your web site or web space. ERGObaby may modify the text or graphic image of this notice from time to time. In addition, ERGObaby encourages (but does not require) you to include a Special Link on your web site to the ERGObaby home page at http://www.ergobaby.com 6.2 All other Communications. Except as provided for in the Affiliate Guidelines, you may not make any press release with respect to this Agreement or your participation in the Affiliate Program without ERGObaby's prior written consent, which may be given or withheld in its sole discretion. 7. Limited Licenses. 7.1 ERGObaby License to you of Logo and Links. ERGObaby grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by ERGObaby, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant and to assist in generating Commissions. In addition, ERGObaby grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your web site or web space to the ERGObaby Web Site and promoting the sale of products on the ERGObaby Web Site. All product images must be served by the ERGObaby Web Site and cannot be used in any form other than the form provided by ERGObaby. You may not modify the graphic images or text, or any other of the ERGObaby images, in any way. ERGObaby may revoke your license at any time by giving you written notice. ERGObaby reserves all of its rights in the graphic images, text, any other images, ERGObaby trade names and trademarks, and all other intellectual property rights. Any and all rights in and to ERGObaby's intellectual property shall inure to the benefit of ERGObaby. 8. Indemnification. As you are bound by the Terms of Service in using the Affiliate Program, you must indemnify, defend and hold ERGObaby harmless for any claim arising out of, relating to, or connected with your alleged breach of the ERGObaby Privacy Policy or Terms of Service in using the Affiliate Program. You must also indemnify, defend, and hold ERGObaby harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that ERGObaby's use of any images provided via your web site or web space infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b) any claim related to your web site, including, without limitation, content therein not attributable to ERGObaby. ERGObaby may withhold any Commissions that it owes you if you have to indemnify ERGObaby. 9. Term and Termination. 9.1 Term. The term of this Agreement will begin upon ERGObaby's acceptance of your Affiliate Program application and will end when terminated by either party. 9.2 ERGObaby Termination. In its sole discretion, with or without notice to you, ERGObaby may terminate your participation in the Affiliate Program and terminate your Account. If ERGObaby determines, in its sole discretion, that you are abusing the system, the ERGObaby Service and/or the ERGObaby Affiliate Program, ERGObaby may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any Commissions payable to you. 9.3 Your Termination. You may terminate your Account for any reason at any time by visiting the "Close Account" page within the member area (Your Account Account > Login Info > Close Account). 9.4 Effect of Termination. You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. ERGObaby may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the ERGObaby Web Site, product images from the ERGObaby database, all ERGObaby trademarks, trade dress and logos, all Special Links, and all other materials provided by or on behalf of ERGObaby to you pursuant hereto or in connection with the Affiliate Program. Please carefully review and consider this Agreement before making a decision to become an Affiliate. If you do decide to become an Affiliate, ERGObaby will be pleased to welcome you on board, and will do our best to answer any questions you may have, and we welcome any suggestions you may have regarding the Affiliate Program. Your comments and questions may be addressed to: friends@ergobaby.com Exhibit A Commission Schedule The Commission Schedule provides for increasing commission levels as the Affiliate's cumulative net commissions reach specified levels. Tier 1: (Cumulative Net Commissions up to US$80.00) 8% of all referred sales through the Affiliate Program's provided links. Tier 2: (Cumulative Net Commissions between US$80.00-US$199.99) 10% of all referred sales through the Affiliate Program's provided links. Tier 3: (Cumulative Commissions of US$200.00 or more) 12% of all referred sales through the Affiliate Program's provided links.
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