This is a legal and contractually binding Agreement between you and Funsational, Inc..
You apply by completing the Application and clicking on the submit button indicating your willingness to be bound by this Agreement. This Agreement will take effect if and when Funsational, Inc. reviews and accepts the Application and gives you notice of acceptance.
By submitting your Application, you certify that you have read and understand the terms set forth herein, and that you are authorized to submit this Application by the named Affiliate. While this Agreement is referred to as the Affiliate Partner Agreement, this Agreement does not operate to create a Partnership or Agency relationship between you and Funsational, Inc..
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Funsational, Inc. Affiliates Partners Program (the "Program"). As used in this Agreement,
- "we", "us", "our", "Funsational, Inc." or "PrintableGamesAtoZ.com" means PrintableGamesAtoZ.com, BabyShowerGamesAtoZ, BridalShowerGamesAtoZ.com, BirthdayGamesAtoZ.com, HolidayGamesAtoZ.com, ChristmasGamesAtoZ.com, HalloweenGamesAToZ.com, ValentinesGamesAtoZ.com, and EasterGamesAtoZ.com.
- "You" or "your" means the applicant, as identified in your Application to Funsational, Inc.
- "Site" or "Web-site" means a World Wide Web site and, depending on the context, refers either to PrintableGamesAtoZ.com site located at the URL www.PrintableGamesAtoZ.com, or to the site that you link to our site (and which you will identify in your Program application).
- "Product" means any item offered for sale by us on Funsational, Inc., PrintableGamesAtoZ.com, BridalShowerGamesAtoZ.com, BirthdayGamesAtoZ.com, HolidayGamesAtoZ.com, ChristmasGamesAtoZ.com, HalloweenGamesAToZ.com, ValentinesGamesAtoZ.com, and EasterGamesAtoZ.com Websites.
1. ENROLLMENT IN THE PROGRAM
To begin the enrollment process, you will submit a complete Program Application via our site or directly at ShareASale.com, www.shareasale.com . We will evaluate your Application in good faith and notify you of your acceptance or rejection. We may reject your Application if we determine (in sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Include "Unbeatable" or variations or misspellings thereof in their domain names
- Otherwise violate intellectual property rights
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 at any time.
2. LINKS ON YOUR SITE
As the host of an affiliate site ("Affiliate Site"), you will be provided with banner advertisements, button links to our site and/or text links to our site containing logos and words identifying our sites (each of these links sometimes being referred to herein as "Links", or individually as a "Link"), which, subject to the terms and conditions hereof, you may display on your site. You agree that in using the Link or Links, you will cooperate fully with us in order to establish and maintain such Link or Links. You may place and use any Link in the manner and frequency determined in your sole discretion, subject only to the limitations set forth in this Agreement. You agree to display such Links and graphic images prominently throughout your Site. You also agree that you shall use the Links only in order to link to our site and to promote your ability to do so pursuant to this Agreement. You agree that you shall not present the Links or any images comprising the Links in combination with any other name or mark, in connection with your own goods or services, or in any manner that may suggest or imply that you or your goods or services are supplied by, sponsored by, endorsed by or affiliated with us. You may not modify the images provided by us without our prior written consent. You may not create links to our site other than Links provided by or approved by us, and you may not use the Links in any way that may alter the look, feel or functionality of our site. We will provide 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 have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
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. Among other things, we will prepare order forms, process payments, cancellations and returns, and handle customer service. Share A Sale will track sales made to customers who purchase Products using Special Links from your site to our site and will make available reports summarizing this sales activity.
4. COMMISSIONS Only products that are given away on your site or sold by us purchased by users ("Linked Users") Linking to our site from your site pursuant to a Link and Linked Users visit is tracked by Share A Sale from the time of the Link to the time of the final transaction, shipped by us, and for which we have received full payment will qualify for payment of a commission. No commission will be paid if the visitor to our site cannot be tracked by our tracking system or if the visitor to our site later accesses our site by a means other than the use of the Link. You are due a commission only if your site is the affiliated site from which the purchaser most recently Linked to our site. Commission payment will be a 4-tiered level commission not to exceed 45% of the total dollar amount of the total order from a customer's purchase.
5. COMMISSION PAYMENT
The Funsational, Inc. affiliate program is run by Share A Sale www.shareasale.com . Share A Sale will pay you a commission every month on our behalf so long as your commission balance is at least $50.00 (fifty dollars). Otherwise, you will be paid once your commission balance reaches or exceeds $50.00. Share A Sale will hold those monies until the total amount owed you is equal to or exceeds $50.00. Share A Sale will send your earnings as stated on their web site at www.shareasale.com.
6. POLICIES AND PRICING
Customers who buy Product(s) through our Affiliate Partners Program are customers of Funsational, Inc., and all purchases and related transactions are subject to Funsational, Inc.’s terms and conditions of sale, rules, policies, and operating procedures. You do not have any authority to make any sale or representation on behalf of Funsational, Inc. or to bind Funsational, Inc. in any way, and you agree that you shall not do or hold yourself out as having authority to do either.
7. USE OF LOGOS, TRADEMARKS, AND IMAGES.
Non-Exclusive Limited License and Use of Funsational, Inc.’s Logos and Trademarks. We grant you a non-exclusive, non-transferable, revocable right to use those Funsational, Inc. trademarks and logos that Funsational, Inc. provides to you and authorizes you to use ("Licensed Marks") in order to access our site through Links and promote such access in accordance with the terms of this Agreement. You may not alter, modify, or change the Licensed Marks in any way, and you may not use the Licensed Marks for any other purpose, including but not limited to the sale of your own products or services. You are only entitled to use the Licensed Marks to the extent you are a member, in good standing, of the Affiliate Partners Program pursuant to this Agreement, as it may be amended from time to time. You shall use the Licensed Marks in such forms and manners of presentation as are acceptable to us, and you shall use the Licensed Marks in accordance with the other terms of this Agreement, including but not limited to terms relating to the content and quality of your Web Site and the goods and services you offer. You agree not to use the Licensed Marks in any manner that is disparaging or that otherwise portrays Funsational, Inc. in a negative light. We reserve all of our rights in the Licensed Marks, and all other intellectual property rights. You obtain no rights in and to the Licensed Marks other than as is expressly licensed herein. You agree not to market, sell, or distribute content that is illegal, or not properly licensed or violates copyright or intellectual property laws You agree to not modify, publish, transmit, transfer or sell, reproduce, redesign, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. Violation of this will result in immediate removal from our affiliate program, and litigation pursuant of copyright and intellectual property laws.
8. PAY-PER-CLICK PROMOTIONAL RESTRICTIONS
The term “brands” herein refers to the trademarked URL's of “printablegamesatoz.com”, “babyshowergamesatoz.com”, “bridalshowergamesatoz.com”, “birthdaygamesatoz.com”, “halloweengamesatoz.com”, “valentinesgamesatoz.com”, “eastergamesatoz.com”, “thanskgivinggamesatoz.com”, “stpatricksdayatoz.com” and “christmasgamesatoz.com”.
Funsational, Inc. refers to the corporate entity of PrintableGamesAtoZ.com and the PrintableGamesAtoZ.com line of brands.
B. ALLOWED SEARCH ENGINES
Bidding through the major search engines is allowed, except with a few restrictions listed herein. These search engines include Google, Yahoo, and MSN/Bing. Bidding on the smaller search engines such as Ask and FindWhat is permitted with no restrictions on the “brands”.
C. PRINTABLEGAMESATOZ.COM TRADEMARKS
Affiliates bidding on trademark terms on Google, Yahoo or MSN/Bing is prohibited, including the international versions of all three search engines. There are no trademark restrictions when bidding on Ask, FindWhat, or similar search engines. Using the “brands” URLS in the display URL at any PPC search engine is not allowed. In addition, affiliates may not bid on alternative spellings of any of our “brands” domain names. Use of Funsational, Inc. or PrintableGamesAtoZ.com trademarks to the right of the domain in the display is allowed. Example: www.website.com/bridalshowergamesatoz.com. The use of the word “Official Site” or any misrepresentation of the “brands” websites is prohibited. Affiliates may not bid on any “brand” + “term” through Google, Yahoo, or MSN/Bing. Ex: “birthdaygamesatoz.com bingo”. Affiliates may not bid on any keywords including “free” + “term”. Ex: free bingo. Additional keywords affiliates may not bid on include misspellings of our “brands” as well as using similar connotations to our “brands”, including, but not limited to:
- printablegames atoz
- bridalshowergames atoz
- babyshowergames atoz
- birthdaygames atoz
- halloweengames atoz
- eastergames atoz
- valentinesgames atoz
- christmasgames atoz
- stpatricksgames atoz
- stpatricksday atoz
- thanksgivinggames atoz
- any term substituting the word “games” with “gamez” in our trademarked “brands”
D. DIRECT TO MERCHANT
Bidding Direct to Merchant is not allowed through Google, Yahoo, or MSN. Domain misspellings are not allowed in the display URL on any advertisement including, but not limited to our “brand” names followed by .net, .biz, .mobi, etc.
E. AD COPY RESTRICTIONS
When advertising products, affiliates must be honest when representing the Funsational, Inc. and PrintableGamesAtoZ.com brand. This includes information regarding selling our products for free, offering coupons for our products, and listing sales for our products. Affiliates are not allowed to create and use their own advertisements as an official Funsational, Inc. or PrintableGamesAtoZ.com endorsed advertisement.
F. EXCLUSIONS, PENALTIES, AND NOTICIATIONS
- Funsational, Inc. reserves the right to exclude any or all of our PPC policy for individual affiliates at our sole discretion.
- Affiliates found violating any of Funsational, Inc.'s PPC policies will be notified in writing and must comply with our PPC Bidding Terms within 48 hours.
- Funsational, Inc. may remove affiliates from our affiliate program for violating any PPC policies if they choose not to comply within 48 hours.
9. ANTI-SPAM POLICY
Affiliates will be removed immediately from the Funsational, Inc. Affiliate Program and forfeit any pending commissions if they are caught spamming. Spamming is not allowed and will not be tolerated!
10. RESPONSIBILITY FOR YOUR SITE
You will be solely responsible for the development, operation and maintenance of your site, for all materials that appear on your site, and for all business you conduct on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon copyrights, rights of publicity, trademark rights or other rights of us or any third party. You are responsible for ensuring that your business and site comply with all applicable laws, regulations, and ordinances, and that your site as well as the materials posted on your site are not defamatory, libelous, false or misleading, or otherwise illegal. You must have express permission to use another party's copyrighted material, and you also must have express prior written permission to use another's name, portrait, voice or likeness.
11. 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 us or you, respectively, or any of our Affiliates 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.
12. TERMS AND TERMINATION
The terms of this Agreement will begin upon acceptance of your application. This Agreement shall commence on the date of approval of your Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon 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 Funsational, Inc. 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.
13. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that you have obtained all authorizations and consents necessary to enter into this Agreement; that the person making the offer contemplated by this Agreement has the authority to do so and to bind you contractually as a result; that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; that you will comply with all applicable laws, regulations and ordinances; that you will not infringe, misappropriate or use without authorization any Funsational, Inc. copyright, trademark or other intellectual property; and that neither this Agreement nor your performance hereunder will violate any other agreement to which you are bound.
14. DISCLAIMERS
We make no express or implied warranties or representations with respect to the Affiliate Partners Program or any Product(s) or other items sold through the Affiliate Partners Program or otherwise on our Web site, and WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. In addition, we make no representation or warranty that the operation of our Web site, the Links, or our procedures and systems tracking sales generated by your site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
15. 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 partners program, even if we have been advised of the possibility of such damages.
16. LIMITATION OF REMEDY
Our aggregate monetary liability arising with respect to this agreement and the affiliate partners program shall not in any event exceed the total commissions payable to you under this agreement.
17. INDEMNIFICATION ?You hereby agree to indemnify, defend and hold harmless Funsational, Inc., its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all third-party actual or threatened claims, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based in any way on it) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; (iii) any claim related to your Web site, the conduct of your business, or your goods or services; (iv) your violation of any law, regulation, ordinance or applicable policy of or agreement with any governmental entity, business partner, or other party; or (v) your unauthorized use of any Licensed Marks or Approved Publishers' Images, or your infringement, misappropriation or other violation of any third-party intellectual property right.
18. FRAUD
If you commit fraud or falsify information in connection with the registration of Funsational, Inc. through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to Funsational, Inc. for any and all damages that Funsational, Inc. suffers as a result of such actions. You will also be responsible for returning to Funsational, Inc. all commissions received for fraudulent/falsified members, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.
19. GENERAL PROVISIONS
This Agreement is the entire Agreement between the parties with respect to its subject matter, and it supersedes all prior agreements, representations and understandings, whether express or implied and whether oral or written.
B. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our Web site of a change notice or a new agreement designated by us to be applicable to you or a group of persons or entities including you, is agreed to constitute sufficient notice of a binding modification of this Agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement pursuant to Section 11 of this Agreement. Your continued participation in the Affiliate Partners Program following our posting of a change notice or new agreement on our Web site will constitute binding acceptance of the modified terms.
C. Governing Law
This Agreement will be governed by the laws of the United States and the State of Washington, without reference to the rules of any jurisdiction governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in the City of Spokane, Spokane County, Washington (as determined by us in our sole discretion) and you irrevocably consent to the personal jurisdiction and venue of such courts.
D. Assignment
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 enforceable against the parties and their respective successors and assigns.
E. Waiver
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.
F. Relationship of Parties
You and Funsational, Inc. 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, enter into any contracts, or make any representations on our behalf, or to act as a distributor, seller, or reseller of any Product.