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To get started, simply review our Affiliate Agreement and
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Broderbund.com Affiliate Agreement
THIS IS AN AGREEMENT BETWEEN ENCORE SOFTWARE, INC. ("Encore") AND YOU ("you" or "Affiliate") to use the Broderbund.com Material(s). You first need to read and agree to the terms of Broderbund.com Affiliate Agreement. If the license terms are acceptable to you, continue on to the Broderbund.com Affiliate Application. Thank you for your interest in Broderbund.com.
Terms
You agree to the following terms and conditions in order to use the Broderbund.com Materials:
- LICENSE.
Subject to the terms and conditions of this contract and
upon approval of your completed Application, Broderbund.com
hereby grants to the Affiliate a limited, non-exclusive,
non-transferable license to use the Broderbund.com advertising
materials provided to Affiliate by Broderbund.com (if any)
(the "Broderbund.com Materials"), and to use the Broderbund.com
trademarks, service marks and logos set forth therein, or
as otherwise specified in writing by Broderbund.com (collectively
the "Broderbund.com Marks"), for the sole purpose of linking
to the appropriate Broderbund.com page.
The Affiliate shall use only the most current Broderbund.com
Materials, as may be provided by Broderbund.com from time
to time. Affiliate shall not form any combination marks
with Broderbund.com Materials. Affiliate hereby admits and
recognizes Broderbund.com's exclusive ownership of Broderbund.com's
Materials and the renown of such Materials worldwide. Affiliate
agrees not to take any action inconsistent with Broderbund.com's
ownership of Broderbund.com's Materials and agrees that
any benefits accruing from use of such Materials shall automatically
vest in Broderbund.com.
Affiliate may not modify for public display any Broderbund.com
Materials, logos or marks, except upon receiving Broderbund.com's
prior written approval. Affiliate may not use the Broderbund.com
Materials in conjunction with any site that contains pornographic
or other illegal material or who business or purpose violates
any law or regulation. Affiliate may not sublicense, resell,
assign or transfer any of its rights hereunder, without
the prior written approval of Broderbund.com. Any attempt
to resell, assign or transfer such rights absent such approval
is void and shall, at Broderbund.com's election, result
in immediate termination of this contract, without liability
to Broderbund.com.
All rights not expressly granted hereunder
are reserved to Broderbund.com. The Broderbund.com Materials
and Broderbund.com Marks may not be used in conjunction
with any sites that contain pornography or other obscene
materials, promote the sale of guns or similar items or
otherwise conducts illegal transactions of any kind. Broderbund.com
may deny your Application to become an Affiliate at any
time for any reason.
- PAYMENT.
Affiliate can earn commissions under the following conditions:
You can earn 15% per sale. Commission rates are based on
the sale price (minus shipping and handling as well as any
returns or credit reversals) of the qualified product a
customer buys after linking to Broderbund.com from your
Web page.
- RESTRICTIONS.
3.1 You may use the Materials only as an
active hypertext link to (as applicable) the appropriate
Broderbund.com page. The Materials may not link to any other
page. You may not frame the Broderbund.com site, cause the
link to create a new browser window (unless such window
occupies 100% of the user's screen and appears above all
other browser windows), or otherwise cause users to display
the Broderbund.com site in a distorted fashion.
3.2 You may display the Materials only
in the form and at the size Broderbund.com provides to you.
You may not modify or alter the Materials in any way, including
size, proportions, colors, elements, type or in any other
respect. You may not animate, morph or otherwise distort
the Materials' perspective or dimensional appearance, nor
may you use screen shots of your pages (to the extent that
the Materials appears in the screen shot) in any other medium.
If Broderbund.com provides you with a substitute version
of the Materials, you shall replace the Materials as soon
as reasonably possible.
3.3 The Materials shall be surrounded by
a reasonable amount of empty space, and you may not use
the Materials in conjunction with other logos or marks in
a way that would create a combination mark. You may not
use the Materials in a way that suggests that Broderbund.com
endorses or sponsors your site. The Materials may not appear
larger or more prominently than other branding on the page
on which it is displayed.
3.4 You may not use the Materials in any
way that tarnishes, blurs or dilutes the quality of the
Broderbund.com trademarks or any associated goodwill. Without
limiting the foregoing, you shall not display the Materials
on any pages that contain infringing or illegal content
or links.
3.5 You acknowledge Broderbund.com's sole and exclusive ownership of the Materials, and you shall not take any action inconsistent with such ownership, including but not limited to
(i) adopting, using, registering, or attempting to register any logo or trademark confusingly similar to the Materials,
(ii) purchasing keywords on Internet search engines or services that are in any way related to the Materials,
(iii) buying or registering domain names, or
(iv) registering user names or other site names related to the Materials on any social media site(s). All use of or goodwill associated with the Materials shall accrue to Broderbund.com's benefit.
- REPRESENTATIONS.
Affiliate represents and warrants that:
(i) all Broderbund.com advertisements and links shall be
displayed in accordance with this contract and in a professional
and tasteful manner and shall not be used to endorse, or
imply the endorsement of the Affiliate's or any third party's
products or services;
(ii) the Affiliate shall at all times comply with all laws
and regulations applicable to its site and its performance
under this contract;
(iii) materials posted on the Affiliate's site do not violate
or infringe upon the rights of any third party, are not
libelous or otherwise illegal;
(iv) this Agreement has been duly and validly executed and
delivered to you and constitutes the legal, valid and binding
obligation of you, enforceable against you in accordance
with its terms; and
(v) you are duly organized, validly existing and in good
standing under the laws of your State of organization and
have full power and authority to execute, deliver and perform
this Agreement. In the event of the Affiliate's breach of
any warranty or representation set forth in this Section,
Broderbund.com may terminate this contract, without liability
of any kind. Affiliate shall indemnify and hold harmless
Broderbund.com against any and all expenses and losses of
any kind (including reasonable attorneys' fees and costs)
incurred by Broderbund.com and/or its affiliates in connection
with any claims arising out of the publication of the Broderbund.com
advertisements, and/or the Affiliates use of the Broderbund.com
materials provided hereunder.
- INDEMNIFICATION.
In the event of Affiliate's breach of any warranty or representation
set forth in Section 4, Broderbund.com may terminate this
contract, without liability of any kind. Affiliate shall
indemnify and hold harmless Broderbund.com against any and
all expenses and losses of any kind (including reasonable
attorneys' fees and costs) incurred by Broderbund.com and/or
its affiliates in connection with any claims arising out
of the publication of the Broderbund.com advertisements,
and/or the Affiliate's use of the Broderbund.com materials
provided hereunder.
- TERMINATION.
Broderbund.com may terminate this Agreement or the trademark
license at any time for any reason or no reason. You may
terminate this Agreement at any time for any reason or no
reason. This Agreement and your license automatically terminates
if you breach any provision of this Agreement. In the event
of termination, (a) you shall immediately remove the Materials
from your site, and (b) Sections 3-7 shall survive.
- NO WARRANTY.
THE MATERIALS IS PROVIDED "AS IS." BRODERBUND.COM DISCLAIMS
ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Some
states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other
legal rights which vary from state to state.
- LIABILITY LIMITS.
BRODERBUND.COM DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL OR
SPECIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
BRODERBUND.COM'S TOTAL LIABILITY TO YOU IS LIMITED TO $250.
Some states do not allow the foregoing limitations of liability,
so they may not apply to you.
- PUBLICITY
Affiliate shall not issue any press release nor make any
public statement regarding this Agreement (including the
terms and existence thereof) or the relationship of the
parties without Broderbund.com's prior written approval
which may be withheld in Broderbund.com's sole discretion.
Nothing herein shall require Broderbund.com to approve the
issuance of a press release nor obligate Broderbund.com
to participate in a press release with Affiliate.
- CONFIDENTIALITY.
The Affiliate shall keep confidential the terms and conditions
of the Agreement, and all information regarding the specific
viewing of Broderbund.com advertisements, the click-through
rates of such advertisements and the demographics of viewers
who click-through to an Broderbund.com site. The Affiliate
may not disclose the other party's confidential information
and may not use such information except as required to perform
under this contract. The Affiliate's breach of this confidentiality
provision would cause Broderbund.com irreparable harm and
Broderbund.com shall be entitled to appropriate injunctive
relief in the event of such breach. However, the Affiliate
may use aggregate demographic information once stripped
of any personal identifiable information.
- ENTIRE AGREEMENT/AMENDMENT.
This Agreement contains the entire agreement between you
and Broderbund.com with respect to the Materials. However,
this Agreement does not modify in any respect the Broderbund.com
user agreement. This Agreement may be modified by Broderbund.com
at anytime. If you do not agree with any change, you may
terminate your license to the Materials. |
