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 modelmekids.com 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 modelmekids.com 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 modelmekids.com
web site using an affiliate link containing the affiliate's
ID number and processed via our online shopping cart, as determined
by the emartcart.com tracking system.* The emartcart.com 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 modelmekids.com 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.