 My Music CD.com Affiliate Agreement Home Affiliate Sign Up Affiliate Log In This Affiliate Service Agreement (the "Agreement") is made by and between MyMusicCD.com LLC, an South Carolina, USA corporation ("MyMusicCD.com"), and you, as an Affiliate utilizing the MyMusicCD.com service ("You", "Your", "Affiliate"). You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for MyMusicCD.com, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the MyMusicCD.com Service as an Affiliate. The following agreement is summarized as follows:
PRIVACY POLICY MyMusicCD.com respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact info@MyMusicCD.com. DEFINITIONS "Performance Marketing" occurs when individual web sites that generate their own traffic ("Affiliates") partner with online Merchants ("Merchant")’s and the Merchant pays a commission or other reward for those Visitors resulting in a measurable action such as a closed sale. "Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. Affiliates use MyMusicCD.com to gain tracking, reporting, and receipt of commission payment. "Visitor" means any person, or user that clicks on a Link to a MyMusicCD.com’s Web site placed on an Affiliate's Web site. "sale commission" means the Payout the MyMusicCD.com sets and agrees to pay for Visitors referred to the MyMusicCD.com's Web site that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 30 days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur. "Payout" means the amount of sale commission MyMusicCD.com agrees to pay. The Payout is 15% of total sale amount (not including shipping, handling & Sales Tax). "Commission" means the amount sale commission MyMusicCD.com agrees to pay for an individual sale action. The Payout is defined as a percetage of a total sale amount. "Link" means a hyperlink placed on an Affiliate's site that, when clicked on, redirects a Visitor to MyMusicCD.com. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to the Merchant. "VOID" means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by the MyMusicCD.com. MyMusicCD.com may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons. "Your Account" means a specific account within the Service, where Commissions are credited. LINK PLACEMENT As an Affiliate, you may place and remove MyMusicCD.com Links on Your site and in acceptable locations.
AFFILIATE PAYMENT You will receive a Commission for sending MyMusicCD.com authorized sales via Your Links. In order to place Links, You must first be approved by MyMusicCD.com. You understand that the Payout amount may be changed at any time. This information is also available to You at the MyMusicCD.com Member’s Area. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from MyMusicCD.com. Payments are made automatically on the twentieth (20th) day of each month when Your account balance reaches $30 or more for the previous months' transactions. Money credited to Your Account does not accrue interest. In the event of a VOID by a MyMusicCD.com, MyMusicCD.com may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to MyMusicCD.com SERVICE AND SUPPORT MyMusicCD.com will provide support for the Service as indicated on the MyMusicCD.com Web site. EMAIL CONTACT MyMusicCD.com reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any MyMusicCD.com related products and services. CHANGES TO THE SERVICE MyMusicCD.com reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, MyMusicCD.com will notify You via e-mail, newsletter or the MyMusicCD.com Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service. REGISTRATION To sign up as an Affiliate of MyMusicCD.com and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities. THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN MyMusicCD.com: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide MyMusicCD.com with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that MyMusicCD.com may rely on any data, notice, instruction or request furnished to MyMusicCD.com by You which is reasonably believed by MyMusicCD.com to be genuine and to have been sent or presented by a person reasonably believed by MyMusicCD.com to be authorized to act on Your behalf. You shall notify MyMusicCD.com by e-mail at info@MyMusicCD.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by MyMusicCD.com and referral to the appropriate law enforcement agencies. ACCEPTED USE You represent to MyMusicCD.com that all content You provide is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As MyMusicCD.com may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate, You may not artificially inflate traffic counts to MyMusicCD.com using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. LIMITED WARRANTY The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MyMusicCD.com DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MY MUSIC CD.com ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, MY MUSIC CD.com SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. MyMusicCD.com will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold MY MUSIC CD.com liable for any of the consequences of such interruptions. MY MUSIC CD.com SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MY MUSIC CD.com SHALL HAVE NO LIABILITY WITH RESPECT TO MY MUSIC CD.com OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MY MUSIC CD.com HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MY MUSIC CD.com HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY THE AFFILIATE AS A DIRECT RESULT OF THIS AGREEMENT. LIMITATION OF LIABILITY MY MUSIC CD.com SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE MY MUSIC CD.com SERVICE OR ANY INFORMATION PROVIDED ON THE MY MUSIC CD.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF MY MUSIC CD.com OR A MY MUSIC CD.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MyMusicCD.com'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY. NON-DISCLOSURE MyMusicCD.com acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. MyMusicCD.com agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of MyMusicCD.com, that becomes available to MyMusicCD.com from third parties without knowledge by MyMusicCD.com of any breach of fiduciary duty, or that MyMusicCD.com had in its possession prior to the date of this Agreement. OWNERSHIP AND LICENSES You, the Affiliate, are granted a non-exclusive, limited, revocable right to use MY MUSIC CD.com provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the MyMusicCD.com, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain MyMusicCD.com's sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way. MyMusicCD.com may immediately terminate Your license to use the marks if MyMusicCD.com reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the MY MUSIC CD.com above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge MyMusicCD.com's ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of MyMusicCD.com. REPRESENTATIONS MyMusicCD.com makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-MyMusicCD.com Web site does not mean that MyMusicCD.com endorses or accepts any responsibility for the content or the use of such Web site. NONASSIGNABILITY Affiliate or MyMusicCD.com may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties. FORCE MAJEURE Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party. JURISDICTIONAL ISSUES This Agreement shall be governed by South Carolina, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of South Carolina, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. MISCELLANEOUS This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. |