3432 Denmark Ave. #108
Eagan, MN 55123
eMail:
Kevinhogan.com Affiliate Program
Terms and Conditions
Operating
Agreement
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Kevinhogan.com Affiliates Program (the "Program"). As used in this Agreement, "we" means Kevinhogan.com aka Network 3000 Publishing Co., and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Kevinhogan.com's site, located at the URL www.kevinhogan.com, or to any site that you will link to our site (and which you will identify in your Program application).
1.
Enrollment in the Program
To begin the enrollment process, you will submit a complete Program
application via our site. 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 Program. Unsuitable sites include
those that:
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promote sexually explicit materials
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promote violence
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promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
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promote illegal activities
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include "kevinhogan," any other trademark of kevinhogan.com or its affiliates, or variations or misspellings of any of them, in their URLs to the left of the top-level domain name (e.g., ".com", ".net", ".uk", etc.) -- for example, a URL such as "kevinhogan.mydomain.com", "kevinhgoan.com" or "kevinhoganauctions.net" would not be acceptable.
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otherwise violate intellectual property rights
By participating in the Program you agree that you will not engage in
any such activities. If we reject your application, you are welcome to
reapply to the Program at any time. You should also note that if we
accept your application and your site is thereafter determined (in our
sole discretion) to be unsuitable for the Program, we may terminate
this Agreement.
2.
Links on Your Site
Once you have been notified that your site has been accepted into the
Program, you may provide on your site one or more of the following
types of links to our site:
Product Links: You may select one or more Products to list on your site. A "Product" is any product listed on our site that is fulfilled by us, or any product sold by a third party seller on our site. You will provide a Special Link (as defined below) from each Product reference on your site to the corresponding kevinhogan.com online catalog entry. Each such link will connect directly to a single item in our online catalog. You may add or delete Products (and related links) from your site at any time without our approval.
Text Links: You may provide a kevinhogan.com text link on your site that will permit your site visitors to link directly to a product on our site.
We will provide you with guidelines and graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site (called Special Links hereafter) You must ensure that each of the links between your site and our site properly utilizes such special link formats. You will earn referral fees only with respect to activity on our site occurring directly through these Links; we will not be liable to you with respect to any failure by you to use these Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
You acknowledge that, by participating in the Affiliates Program and placing any of the above links within your site, kevinhogan.com may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the kevinhogan.com program constitutes your specific and unconditional consent to and authorization for kevinhogan.com's access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in kevinhogan.com's Privacy Notice (we do not share or sell visitor's information.)
In addition,
you acknowledge that we may crawl or otherwise monitor your site for
the purpose of ensuring the quality and reliability of Links on your
site (for example, to detect links that are broken or non-functional,
links to products that are out of stock or otherwise unavailable,
etc.). Therefore, you agree that we and our corporate affiliates may
take such actions and that you will not seek to block or otherwise
interfere with such crawling or monitoring (and that we and our
corporate affiliates may use technical means to overcome any methods
used on your site to block or interfere with such crawling or
monitoring).
3.
Order Processing
We will process Product orders placed by customers who follow Special
Links from your site to our site. We reserve the right to reject
orders that do not comply with any requirements that we may establish
periodically. 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 and will
make available to you reports summarizing this sales activity. The
form, content, and frequency of the reports may vary from time to time
in our discretion.
4.
Referral Fees
We will pay you referral fees on certain Product sales to third
parties. For a Product sale to be eligible to earn a referral fee, the
customer must click-through a Special Link from your site to our site,
and add the Product to his or her shopping cart and complete the
purchase. The session ends upon one of the following events: (a)
24 hours elapses from the customer's initial click-through, (b) the
customer orders the Product, or (c) the customer follows a third
party's Special Link. We will only pay referral fees on such
Products after order, payment and shipping have occurred.
We will not, however, pay referral fees on any Products that are added to a customer's Shopping Cart after the customer has reentered our site (other than through a Special Link), as determined by us, even if the customer previously followed a link from your site to our site. In addition, gift certificates are not eligible to earn referral fees.
In addition, any customer sale that includes a discount coupon obtained through the ezine 'Coffee with Kevin Hogan' is ineligible for affiliate commissions, as the sale is a direct sale from Coffee with Kevin Hogan. If a sale is deemed ineligible, you will be notified via email of the adjustment.
In addition, certain products are ineligible for affiliate commissions and will not be featured products in the affiliate program and will not have text or banner links available for your use. (example: "Breakthrough Copywriting" is ineligible for affiliate commissions.) If a product is ineligible for affiliate commissions but is part of a customer sale made from a link from an affiliate, that portion of the sale will be deducted from the order and the affiliate commission will be adjusted. Affiliate will be notified by email if such an adjustment is made.
You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives, or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. Products that are eligible to earn referral fees under the rules set forth above are referred to as "Qualifying Products."
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; (g) attempt to circumvent the referral fee schedule or artificially increase your referral fees (e.g. 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); (h) attempt to intercept or re-direct (including, without limitation, via user-installed software) traffic from or on, or divert referral fees from, any web site that participates in the Program; or (i) seek to purchase or register any keywords, search terms or other identifiers that include the word "kevinhogan" or variations thereof (for example "kevin hogan", "kevinhgoan", etc.) for use in any search engine, portal, sponsored advertising service or other search or referral service. 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.5.
Referral Fee Schedule
For Qualifying Products sold during sessions initiated through Special
Links on your site, you will earn (subject to the other terms of this
Agreement) referral fees in accordance with the "Fee
Structure" described below.
Fee Structure.
For Qualifying Products sold during sessions initiated through Special Links on your site, you will earn (subject to the other terms of the Agreement):(a) 35% of Qualifying Revenues as defined below from the sale of each Individually Linked Product that, on the date of order, is listed in our catalog and that is added to the customer's shopping cart directly from the first page that results from following a Special Link to the Individually Linked Product. You should note that only certain items can qualify as "Affiliate Program Products" and no other products are eligible for this referral fee percentage, regardless of whether such products are individually linked on your site.
If
a customer uses a discount code, the affiliate fee will be adjusted to
reflect the actual price paid by the customer. If this should occur,
the affiliate will receive notice by email of any affiliate fee
adjustment.
6.
Referral Fee Payment
We will pay you referral fees on a monthly basis. At the end of
each month, we
will either (a) send you a check for the referral fees earned, or (b)
send you a gift certificate good for purchase of Products through our
site, subject to our standard terms or conditions. If you select
payment via kevinhogan.com gift certificate, we will accrue and
withhold referral fees until the total amount due is at least $10.00.
Referral fees begin to accrue 75 days after a sale to allow for
returns and chargebacks. Check payments will only be made to
affiliates who provide proper and valid TIN's (Taxpayer Identification
Number).
7.
Policies and Pricing
Customers who buy products through this Program will be deemed to be
customers of Kevinhogan.com. Accordingly, all Kevinhogan.com rules,
policies, and operating procedures concerning customer orders,
customer service, and product sales will apply to those customers. We
may change our policies and operating procedures at any time. For
example, we will determine the prices to be charged for products sold
under this Program in accordance with our own pricing policies.
Product prices and availability may vary from time to time. Because
price changes may affect Products that you have listed on your site,
prices may only be shown when we serve those prices through our "Product
Links", as applicable. You may not otherwise include price
information in your Product descriptions. We will use commercially
reasonable efforts to present accurate information, but we cannot
guarantee the availability or price of any particular product.
8.
Responsibility for Your Site
You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your
site. For example, you will be solely responsible for:
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the technical operation of your site and all related equipment
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creating and posting Product descriptions on your site and linking those descriptions to our catalog
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the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials)
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ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
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ensuring that materials posted on your site are not libelous or otherwise illegal
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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.
9.
Term of the 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 written notice of
termination. 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 kevinhogan.com 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.
10.
Modification
We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting a change
notice or a new agreement on our site. Modifications may include, for
example, changes in the scope of available referral fees, referral fee
schedules, payment procedures, and Program rules. IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS
AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR
POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
11.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties. You
will have no authority to make or accept any offers or representations
on our behalf. You will not make any statement, whether on your site
or otherwise, that reasonably would contradict anything in this
Section.
12.
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 Program, even if we have been advised of the
possibility of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Program will not exceed the
total referral fees paid or payable to you under this Agreement.
13.
Disclaimers
We make no express or implied warranties or representations with
respect to the Program or any products sold through the Program
(including, without limitation, warranties of fitness,
merchantability, noninfringement, or any implied warranties arising
out of a course of performance, dealing, or trade usage). In addition,
we make no representation that the operation of our site will be
uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
14.
Independent Investigation
BY SIGNING UP FOR THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY
OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS 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 PROGRAM AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS
SET FORTH IN THIS AGREEMENT.
15.
Arbitration
Any dispute relating in any way to this Agreement (including any
actual or alleged breach hereof), any transactions or activities under
this Agreement or your relationship with us or any of our affiliates
shall be submitted to confidential arbitration in Minneapolis,
Minnesota, except that, to the extent you have in any manner violated
or threatened to violate our intellectual property rights, we may seek
injunctive or other appropriate relief in any state or federal court
in the state of Minnesota (and you consent to non-exclusive
jurisdiction and venue in such courts) or any other court of competent
jurisdiction. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration
proceedings or otherwise.
16.
Miscellaneous
This Agreement will be governed by the laws of the United States and
the state of Minnesota, without reference to rules governing choice of
laws. You may not assign this Agreement, by operation of law or
otherwise, without our prior written consent. 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. Our failure to enforce your strict performance
of any provision of this Agreement will not constitute a waiver of our
right to subsequently enforce such provision or any other provision of
this Agreement.
By signing up, you agree to the terms and conditions of this program.
Thank you for your interest in the Kevinhogan.com Affiliate Program!
Your application should be approved within 24 hours--we will notify you if we run into a problem with your application. Upon approval, you will be provided with the administration panel and instructions.
Sincerely,
The Affiliate Program Staff
Kevinhogan.com
© 2009 Network 3000 Publishing
This website was created by Kathryn Hogan, Online Business Services. You can reach her at wizard AT KevinHogan.com