Affiliate Agreement

To be an authorized affiliate of MODEL ME KIDS, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement before registering and using the MODEL ME KIDS service as an affiliate. By signing up for the MODEL ME KIDS affiliate program, you indicate your acceptance of this agreement.
1. ENROLLMENT IN THE PROGRAM Acceptance into the Model Me Kids Affiliate Program is granted at the sole discretion of Model Me Kids. Model Me Kids affiliates may be based anywhere, but will be paid in US dollars. Prohibited sites and messages include but are not limited to those that promote or engage in illegal activities, violence, hate, explicit content, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age. Affiliates who violate these policies will be terminated from the program.
2. NATURE OF THE AFFILIATE RELATIONSHIP Under this affiliate agreement, the affiliate will promote Model Me Kids™ videos by referring via links to the web site. In exchange for this effort, Model Me Kids will pay the affiliate a referral fee for sales completed online via the Model Me Kids website that result from the affiliate link. Model Me Kids affiliates are independent contractors of Model Me Kids. The affiliate relationship does not create a partnership, joint venture, agency, franchise, or employment relationship between the affiliate and Model Me Kids. The affiliate will have no authority to make or accept any offers or representations on the behalf of Model Me Kids.
3. RESPONSIBILITIES Under this affiliate agreement, Model Me Kids is responsible for the processing and fulfillment of all customer orders received on web site. The affiliate is responsible for selecting and implementing properly formatted affiliate links. If the affiliate chooses to place the affiliate links on a web site, the affiliate is solely responsible for the development, operation, and maintenance of the affiliate web site and for all materials that appear on the affiliate web site. Model Me Kids disclaims all liability resulting from the affiliate's use of affiliate links. The affiliate will indemnify and hold Model Me Kids harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of the affiliate's web site. Affiliates may develop their own text links for Model Me Kids videos but must cease from using any such material if Model Me Kids notifies the affiliate that it disapproves of the links.
4. ANTI-SPAM POLICY Model Me Kids affiliates may earn referral fees by promoting Model Me Kids in opt-in newsletters and personal e-mail messages. The promotion of Model Me Kids videos in electronic mail messages sent to recipients whom the affiliate does not personally know is not permitted unless the recipients specifically have opted-in to receive such messages. Prohibited messages include but are not limited to "spam" e-mail messages, newsletters sent to a group in which some or all of the recipients have not specifically requested to receive the newsletter, and newsgroup postings, chat group postings, and "listserv" postings that deviate from the topic of discussion or that generate multiple complaints. Affiliates who are found to have violated this anti-spam policy will be terminated from the program.
5. REFERRAL FEES Model Me Kids will pay affiliates 17% (not including shipping/handling) on orders that are generated as a result of a customer's arrival at the web site using an affiliate link containing the affiliate's ID number and processed via our online shopping cart, as determined by the tracking system.* The tracking system uses cookies to track affiliate referrals. Shipping and handling are excluded from the sales total used to determine referral fees. Referral fees are not paid on customer returns; the affiliate's account will be adjusted for all returns. If a return occurs after payment of the corresponding referral fee, the amount will be deducted from the next payment. If there is no subsequent payment from which to deduct it, the affiliate will be billed for the balance. To receive credit, the affiliate is responsible for ensuring that the links are properly implemented with the affiliate's ID number properly formatted in the link.

*Please note that some customers order by purchase order and these will not be able to be tracked by our online shopping cart system.

6. PAYMENT Payments are issued on the 1st of each month for sales referred during the previous month. If the payment date falls on a weekend or a holiday, the payment will be issued on the next business day after the 28th. The payment currency is U.S. dollars. Payment is issued via Paypal using the email address on the affiliate application. It is the responsibility of the affiliate to keep this information up to date.
7. PROGRAM DURATION This affiliate program will continue until further notice. Model Me Kids reserves the right to discontinue this program at any time without advance notice. In the case of program discontinuation, affiliates will be paid all accrued referral fees earned up to the date of program discontinuation, according to the normal payment schedule.
8. INACTIVE ACCOUNTS Accounts that have not referred a sale for at least three months may be closed at the discretion of Model Me Kids. If Model Me Kids closes an affiliate's account, any accrued referral fees will be paid according to the normal payment schedule.
9. WITHDRAWAL FROM THE PROGRAM Any affiliate may withdraw from the program at any time. The affiliate will be paid according to the normal payment schedule.
10. LIMITED LICENSE Model Me Kids grants the affiliate a non-exclusive, non-transferable, non-sublicensable, revocable right to use the Model Me Kids affiliate images solely for the purpose of participating in the Model Me Kids affiliate program. The affiliate may not modify the images in any way. Model Me Kids reserves all rights for its images, trade names, trademarks, and all other intellectual property rights, and may revoke the affiliate license at any time by providing written notice. Except as provided in this affiliate agreement, the affiliate agrees that it has no rights, title or interest in or to the intellectual property of Model Me Kids and agrees not to apply for registration of any of the intellectual property anywhere around the world. The affiliate agrees that it will not engage, participate or otherwise become involved in any activity or course of action that diminishes the image of Model Me Kids or any trademark of Model Me Kids.
11. INDEPENDENT INVESTIGATION The affiliate acknowledges that it has read this agreement and agrees to all of its terms and conditions. The affiliate understands that Model Me Kids may at any time solicit customer referrals on terms that may differ from those contained in this agreement. The affiliate has independently evaluated the desirability of participating in this affiliate program and is not relying on any representation, guarantee, or statement other than as set forth in this agreement.
12. MODIFICATION Model Me Kids may 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 web site. Modifications may include but are not limited to changes in scope of the referral fees, rates of the referral fees, payment procedures, and affiliate program rules. The affiliate's continued participation in the affiliate program following the posting notice of any changes in these terms and conditions will constitute a binding acceptance by the affiliate of such rules, changes, or modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILIATE, THE ONLY RECOURSE AVAILABLE TO THE AFFILIATE IS TO TERMINATE THIS AGREEMENT. THE AFFILIATE'S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE MODELMEKIDS.COM SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
13. MISCELLANEOUS This affiliate agreement will be governed by the laws of the United States and the State of Maryland. You may not assign this agreement, by operation of law or otherwise, without our prior written consent. Any dispute relating in any way to this agreement shall be submitted to confidential arbitration in the State of Maryland. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.
14. ACCEPTANCE OF THE TERMS OF THIS AGREEMENT The terms of this agreement must be accepted in order to sign up with the affiliate program.