This Agreement contains the complete
terms and conditions that apply to an individual's or entity's
participation in the Rules of the Road Affiliate Partner Program
(the "Program"). As used in this Agreement, "we"
means JUMBY BAY STUDIOS LLC, "you" means the applicant,
and "Product" means the Rules of the Road DVD being
shipped in conjunction with the Rules of the Road program which
is promoted on your World Wide Web site ("Affiliate Site"
or "Site").
1. Enrollment in the Program
To begin the enrollment process, you must submit a complete Program
application via our site https://www.vat19.com/gooddriverdvd/affiliate/webpages/signup.cfm.
By submitting your application you are agreeing to be bound by
the terms and conditions of this operating agreement. We will
evaluate your application and, if accepted, will notify you of
your acceptance into the Program. We may reject your application
if we determine (in our sole discretion) that your Site is unsuitable
for the Program or your participation in the Program is contrary
to Jumby Bay Studios' business interests. Unsuitable sites may
include, but are not limited to, sites that:
· Promote, contain or link to sexually explicit materials
· promote violence
· promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age
· promote illegal activities
· violate intellectual property rights or violate any local,
state, federal or other law or regulation
· contain any libelous, defamatory or disparaging materials
· contain little or no original content
· engage in unprofessional activity such as "spamming"
· alter Program links without prior written permission,
or utilize Program links in a manner for which they are not intended.
· solicit, promote or otherwise engage in selling products
or services that are incompatible with Jumby Bay Studios' business
interests or corporate image.
2. Promotion of our Affiliate Relationship
You agree to maintain hypertext links provided by Jumby Bay Studios'
Rules of the Road "Link(s)" to GoodDriverDVD.com from
your Site. The Links will serve to identify your site as a member
of the Affiliate Program. We will provide approved sites access
to an HTML link generator and you must use that generator to create
the Links. You shall not make any changes to any Link, including
without limitation, changes to the content, appearance or functionality
of any Link. You may not alter any materials provided to you under
this Program, including but not limited to banners, logos, or
other content available through the link generator. You may not
use (from whatever source) or create any content or materials
to market Jumby Bay Studios' Rules of the Road DVD other than
those Links and materials provided by Jumby Bay Studios' Rules
of the Road DVD to you under this Program. You agree to allow
Jumby Bay Studios' Rules of the Road DVD to use in promotional
materials screen shots of your web page that contains the Jumby
Bay Studios' Rules of the Road DVD Links. Jumby Bay Studios' Rules
of the Road DVD, at any time, may withdraw its approval for you
to post Jumby Bay Studios' Rules of the Road DVD information on
your Site and/or to cancel this Agreement with you. If we do,
or if this Agreement ends for any other reason, you agree to immediately
cease use of the Link from your Site to any applicable Jumby Bay
Studios Rules of the Road DVD Web site.
3. Orders of the Rules of the Road program
We will process orders for the Rules of the Road program placed
by customers who follow Links from your site to www.GoodDriverDVD.com.
We will be responsible for all aspects of order processing and
fulfillment. We will track customers who purchased the Rules of
the Road DVD using authorized Links from your site to our site
and will provide you access to reports summarizing this activity.
4. Referral Fees
Referral fees will be paid to Affiliates based on the Jumby Bay
Studios Rules of the Road DVD printer shipments acquired through
the Affiliate Site. DVD shipments generated through the Affiliate
Link entitle the Affiliate to earn a cash Referral fee based on
the following structure.
Monthly:
- $10 Referral payment for each
affiliate generated Rules of the Road shipment.
Referral payments are earned only
for Rules of the Road DVD shipments by Jumby Bay Studios when
a customer purchased the program on the Rules of the Road web
site through the Link during the term of the contract and only
for the eligible Jumby Bay Studios Rules of the Road DVD. Referral
payments are paid after the end of each month in which the Referral
payments are earned. The Referral rate is subject to change at
any time or from time to time, at our sole and absolute discretion.
See item 10."Modification". If a DVD shipment that generated
a Referral is returned, we will deduct the corresponding Referral
payment from your next monthly payment. If there is no subsequent
payment, we will bill you for the amount of the Referral paid
earlier.
You will only receive Referral payments
with respect to DVD shipments that are made during the term of
this Agreement and you expressly agree that no further Referral
payments will be due from Jumby Bay Studios Rules of the Road
DVD for DVD shipments generated by customers after this Agreement
has been terminated. Payment of the final Referral payment to
You may be withheld for a period not to exceed sixty (60) days
after termination or expiration of this Agreement in order to
ensure that the correct amount is paid.
5. Policies and Pricing
Individuals who enroll in Rules of the Road through this Program
will be deemed to be customers of JUMBY BAY STUDIOS LLC. Accordingly,
all JUMBY BAY STUDIOS LLC Rules of the Road rules, policies, and
operating procedures concerning customer applications, orders,
customer service, marketing, promotions, and product sales will
apply to those customers. We may change Rules of the Road policies
and operating procedures at any time. Product prices and availability
may vary from time to time. You may not include Rules of the Road
program criteria or qualification suggestions in your Program
or Product descriptions or make any representations relating to
Product or price information.
6. Limited Right to Use
As a condition of participating in the Program, you agree not
to use any Jumby Bay Studios Rules of the Road DVD trademarks
in meta-tags, domain names or in any other manner except as expressly
permitted in this agreement. Likewise, you agree not to engage
in framing or unauthorized/misleading linking (such as "deep
linking") to Jumby Bay Studios Rules of the Road DVD web
pages or other activities related to the use of Jumby Bay Studios
Rules of the Road DVD proprietary, copyrighted or other Jumby
Bay Studios Rules of the Road DVD materials not expressly permitted
in this Agreement. The only materials (hereinafter "Linking
Agents") that may be used by Program participants are: 1)
"plain text" hypertext links to web/home pages as specifically
designated by Jumby Bay Studios Rules of the Road DVD; 2) banner
advertisements linked directly to web/home pages as specifically
designated by Jumby Bay Studios Rules of the Road DVD; and 3)
Jumby Bay Studios Rules and the Rules of the Road DVD designated
logos or materials thatJumby Bay Studios Rules of the Road DVD
may hereafter provide to you as "Affiliate Program Authorized
Links". Other than the aforementioned Linking Agents that
you obtain directly from Jumby Bay Studios Rules of the Road DVD
in connection with this Program, you have no right to display
or otherwise use any Jumby Bay Studios Rules of the Road DVD trademarks,
logos or other materials. You may display and use the Linking
Agents described in the preceding sentence solely as part of the
Links to Rules of the Road.com provided to you by Jumby Bay Studios
Rules of the Road DVD and solely to promote the Rules of the Road
program. Any display of Linking Agents (and the Jumby Bay Studios
Rules of the Road DVD trademarks and other materials they contain)
must be in good taste, and in a manner that preserves their value
as trademarks of JUMBY BAY STUDIOS LLC and Jumby Bay Studios Rules
of the Road DVD and in accordance with standards provided by JUMBY
BAY STUDIOS LLC and Jumby Bay Studios Rules of the Road DVD for
their display. You will not use any JUMBY BAY STUDIOS LLC or Jumby
Bay Studios Rules of the Road DVD trademark or any symbol in any
manner that may imply that you are a legal agent or branch of
JUMBY BAY STUDIOS LLC or Jumby Bay Studios Rules of the Road DVD.
This Agreement does not include authorization to use the title
Jumby Bay Studios Rules of the Road DVD Partner or Jumby Bay Studios
Rules of the Road DVD Affiliate except on your web site and solely
in direct connection with this Program, according to the Linking
Agents we provide to you. In addition, You agree not to infringe
on any intellectual property rights of JUMBY BAY STUDIOS LLC Rules
of the Road. You acknowledge the ownership of JUMBY BAY STUDIOS
LLC Rules of the Road in the Linking Agents (and the trademarks,
trade names, logos and/or copyrighted material they contain) used
pursuant to this Agreement. You further agree that all use of
trademarks, tradenames, logos and other Jumby Bay Studios Rules
of the Road DVD materials shall inure to the benefit, and be on
behalf of JUMBY BAY STUDIOS LLC Rules of the Road. You acknowledge
that your utilization of the Jumby Bay Studios Rules of the Road
DVD trademarks will not create in you, nor will you represent
you have any right, title, or interest in or to such trademarks,
the message, or any of our proprietary materials other than the
limited rights to use expressly granted herein. You agree not
to do anything contesting or impairing the trademark or other
intellectual property rights of Jumby Bay Studios Rules of the
Road DVD.
7. Responsibility for Your Site
Subject to our right of approval relating to your exercise of
the licenses granted herein, you will be solely responsible for
the development, operation, and maintenance of your site. We disclaim
all liability for matters relating to the operation of your site.
For example, you will be solely responsible for:
· the technical operation of your site and all related
equipment
· any problems you may encounter implementing Links under
this Program
· creating and posting product descriptions on your site
and linking those descriptions to our site
· the accuracy and appropriateness of materials posted
on your site (including, among other things, all product-related
materials)
· ensuring that materials posted on your site do not violate
or infringe upon the rights of any third party (including, copyrights,
trademarks, privacy, or other personal or proprietary rights)
· ensuring that materials posted on your site are not libelous
or otherwise illegal.
8. Representations and Warranties
Each Party represents and warrants to the other party that: (i)
such party has the requisite legal right, power and authority
to enter into this Agreement and to perform the acts required
of it hereunder; (ii) the execution of this Agreement by such
Party, and the performance by such Party of its obligations and
duties hereunder, do not and will not violate any agreement to
which such Party is a party or by which it is otherwise bound;
(iii) when executed and delivered by such Party, this Agreement
will constitute the legal, valid and binding obligation of such
Party, enforceable against such Party in accordance with its terms;
(iv) such Party acknowledges that the other Party makes no representations,
warranties or agreements related to the subject matter hereof
that are not expressly provided for in this Agreement.
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 notice of termination
via e-mail. You are only eligible to earn Referral fees on printer
shipments occurring during the term, and fees earned through the
date of termination will remain payable only if the related printer
shipments are not canceled or returned. We may withhold your final
payment for a reasonable time to ensure that the correct amount
is paid. Upon termination of this Agreement, for any reason, you
will immediately refrain from representing yourself in any capacity
relative to the Jumby Bay Studios Rules of the Road DVD Affiliate
Program. Affiliate referrals resulting in printer shipments after
a termination will not result in Referral payments.
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. We agree to make
reasonable efforts to notify you via e-mail regarding what we
consider to be substantive modifications to the terms of your
affiliate agreement. Modifications may include, for example, changes
in the scope of available Referral fees, fee schedules, payment
procedures and Program rules. However, your continued participation
will constitute a binding acceptance by you of such rules, changes
or modifications. 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
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 would contradict anything in this Section.
12. Limitation of Liability
Under no circumstances shall we 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 to this Agreement (and in no event
shall exceed $5,000).
13. Disclaimers
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH
RESPECT TO SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, BUT NOT
LIMITED TO, THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM
(INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY,
NON-INFRINGEMENT, 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. Indemnification
You hereby agree to indemnify, defend, save and hold harmless
JUMBY BAY STUDIOS LLC, its shareholders, officers, directors,
contractors, partners, employees, agents, affiliates, successors
and assigns, from and against any and all claims, demands, losses,
liabilities, damages or expenses (including, without limitation,
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 on i) the breach of any representation,
warranty, or covenant made by you herein; ii) any claim based
upon your breach of our intellectual property rights, or iii)
any claim related to the development, operation, maintenance and
contents of your site.
15. Data Privacy
You acknowledge and agree that your web site information (name,
URL, traffic counts, etc.) may be utilized by JUMBY BAY STUDIOS
LLC, Rules of the Road. Possible uses include (but are not limited
to) lists of the busiest sites, lists of member sites, etc. Additionally,
in the course of conducting its Rules of the Road program, JUMBY
BAY STUDIOS LLC will collect and process certain personal information
about its customers, Affiliate Program participants and other
contacts, including names, addresses, telephone numbers and e-mail
addresses as well as other personal information. Such use may
be worldwide within JUMBY BAY STUDIOS LLC and, in appropriate
circumstances, outside JUMBY BAY STUDIOS LLC. You agree that JUMBY
BAY STUDIO LLC may use and share such personal information and
your web site information within the JUMBY BAY STUDIOS LLC enterprise
and with third parties. You agree to fulfill legal requirements
to make such disclosures and use and transfer of such information
lawful.
16. Independent Investigation
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 AND WILL
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.
17. No Guarantees
Neither party makes any guarantees whatsoever as to the results
of efforts in connection with this Agreement. Neither party makes
any warranties, promises or statements except as specifically
stated herein with respect to any matter. Neither party has made
an affirmation of fact or promise relating to the services or
duties that have become any basis of this Agreement other than
as stated herein, and the parties acknowledge that they have relied
on no warranties, promises or statements other than those expressly
set forth in this Agreement. The parties acknowledge that any
estimates, projections, or forecasts provided to it by or on behalf
of the other party are only estimates and are not representations
that such estimates will be realized.
18. Jurisdiction; Choice of Law; Construction
This Agreement shall be governed by the laws of the United States
and the State of Missouri, without reference to rules governing
choice of laws. Any action relating to this Agreement must be
brought in the federal or state courts located in St. Louis County,
Missouri, and you irrevocably consent to the jurisdiction of such
courts. In the event that any provision of this Agreement conflicts
with the law under which this Agreement is to be construed or
if any such provisions is held invalid by a court with jurisdiction
over the Parties to this Agreement, such provision shall be deemed
to be restated to reflect as nearly as possible the original intentions
of the Parties in accordance with applicable law, and the remainder
of this Agreement shall remain in full force and effect.
19. Miscellaneous
This Agreement will be binding on, inure to the benefit of, and
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. Upon the expiration or termination
of this Agreement, each Party shall promptly return all information,
documents, manuals and other materials belonging to the other
party except as otherwise provided in this Agreement.
20. Electronic Communications
Each of us may communicate with the other by e-mail (for example
to provide written notice) and such communication is acceptable
as a signed writing to the extent permitted by applicable law,
both of us agree that for all electronic communications, an identification
code ( a "user ID") contained in an electronic document
is sufficient to verify the sender's identity and the document's
authenticity.
21. Entire Agreement
This Agreement sets forth the entire agreement, and supersedes
any and all prior agreements of the Parties with respect to the
transactions set forth herein.