This
Agreement is dated as of the date of Affiliate\92s electronic
acceptance of same between Forum Publishing Company and the
person or party accepting same by complete interactive portion
and acceptance of this Agreement ("Affiliate") and
describes the terms and conditions of Affiliate\92s
participation in the Forum Publishing Co. Affiliates Program
(the "Program"-www.bizbooks.org).
1. Eligible
Customers. Forum Publishing Co. will pay Affiliate
referral fees on certain product sales to Eligible Customers
for referrals to Forum Publishing Co. via hyperlinks from
Affiliate\92s web site or sales made from catalog or print ads
which contain Affiliates identification code. For the purpose
of this Agreement, "Eligible Customers" are
purchasers who satisfy the following requirements: (a)
they follow a special link (in the format specified
Bizbooks.org) from Affiliate\92s site to the Forum Publishing
Co site, www.bizbooks.org.
(b) they accept delivery of the product at the shipping
destination; and (c) they remit full payment to Forum
Publishing Co.
Forum
Publishing Company will not, however, pay referral fees on any
products that purchased by the customer by linking to the
Forum Publishing Co. www.bizbooks.org
site in any manner other than through a special link from
Affiliate\92s site, even if the customer previously followed a
link from Affiliate\92s site to our site.
2. Referral
Service. Except as noted below, Affiliate will link to
Bizbooks.org\92s home page, to any individual book page on
Bizbook.org\92s web site, to any Bizbooks.org subject
category, and/or to any other publicly accessible page on
Bizbooks.org web site that Affiliate deems appropriate or that
Forum Publishing Co. may from time to time designate. All such
links must conform at all times to a special link format to be
provided by Forum Publishing Company.
3. Fees.
Forum Publishing Co. will pay referral fees based on the sale
price of the products purchased by Eligible Customers (as
defined above), according to fee schedules to be established
by us. "Sale price" means the sale price listed in
our catalog (under the "our price" column) and
charged by Forum Publishing Co. to the Eligible Customer and
excludes costs for shipping, handling and taxes. The current
fee schedule is set forth below:
a. 25 percent of the sale price for sales of each book.
Forum Publishing Co, reserves the right to change the referral
fee structure at any time, with a minimum of 30 days notice.
Forum Publishing Co. will send Affiliate a quarterly check in
payment of the Referral Fees Affiliate have earned. The check
will be sent within 30 days of the end of each calendar. Forum
Publishing Co. may withhold Affiliate\92s check from quarter
to quarter until the total amount owed Affiliate is at least
$50.00.
4. Term.
The term of this Agreement shall begin on the date of this
Agreement and run for one year, after which Affiliate may
renew their dealership for a fee of $49.00 for each
additional year. Forum Publishing Co. maintains the right to
immediately revoke or suspend an Affiliate for any reason
deemed necessary. Upon the termination of this Agreement,
Affiliate agree to discontinue immediately all use of Forum
Publishing\92s trade name and trademarks. Paragraphs 4, 6, 7,
10, 11 and 13 (and all sub-paragraphs thereof) shall remain in
effect after the termination of this Agreement.
5. Trademark Identification. Affiliate will not modify or alter
any graphic image (or the size or content thereof) without the
prior written consent of Forum Publishing Co., which consent
Forum Publishing Co. may withhold in its sole and absolute
discretion.
6. Inclusion
of Related Materials. Forum Publishing Co. encourages
Affiliate to include on Affiliate\92s web site reviews,
descriptions, articles, or other third party or original
content that provides additional information about the books,
subject categories and other materials linked to Affiliate\92s
web site, as long as doing so does not violate any laws or the
rights of any third party. Affiliate agrees to indemnify,
defend (with attorneys selected by Forum Publishing Co.) and
save Forum Publishing Co. harmless from any and all loss,
claim, damage or other expense (including reasonable
attorneys' fees) which Forum Publishing Co. may suffer or
incur in the event any claim is made against Forum Publishing
Co. by any person, firm, corporation or other entity for
libel, slander, infringement of copyright or violation of
privacy or any other rights, arising from or as a result of
site reviews, descriptions, articles, or other third party or
original content that provides additional information about
the books, subject categories and other materials linked to
Affiliate\92s web site. Forum Publishing Co. expressly
disclaims all liability associated with, or arising out of,
any such use of third party or original content. Forum
Publishing Co. will not be responsible for any violation of
copyright, trademark, libel and other law.
7. Forum
Publishing Company\92s Rights to Customers. All customers
referred from Affiliate\92s web site are deemed to be
customers of Forum Publishing Co. All of Forum Publishing Co.\92s
rules, operating procedures and policies (which may from time
to time be changed at Forum Publishing Co.\92s discretion)
will apply to all orders received in connection with this
Agreement. Forum Publishing Co. reserves the right to reject
any order that does not comply with Forum Publishing Co.
rules, operating procedures and policies.
8. Forum
Publishing Co.\92s Web Site. Forum Publishing Co. will
make reasonable efforts to keep its web site: www.bizbooks.org,
operational at all times, but certain technical difficulties
may, from time to time, result in temporary service
interruptions. Forum Publishing Co. will not be liable for any
consequences of such service interruptions.
9. Modifications.
Forum Publishing Company may from time to time in its sole
discretion change the Forum Publishing Co. Affiliates Program,
for example, by updating graphic files, text messages, etc. In
the event such a change is made, Forum Publishing Co. will
send an email notice to Affiliate. Unless and until Forum
Publishing Co. receives an email notice from Affiliate
terminating Affiliate\92s participation in the Forum
Publishing Affiliates Program, such changes will be deemed
acceptable to Affiliate and this Agreement will be deemed to
be amended accordingly. No such changes in the Forum
Publishing Company Affiliates Program and the terms and
conditions of this Agreement will apply retroactively.
10. No
Agency. Affiliate agrees not to attempt to bind or commit
Forum Publishing Co. in any way. Affiliate agrees not to quote
prices, availability, or estimated delivery dates on Affiliate\92s
web site. Affiliate and Forum Publishing Co. are independent
contractors and nothing in this Agreement is intended to or
will create any form of partnership, joint venture, agency,
franchise, sales representative or employment relationship
between the parties. Affiliate will report to any federal,
state, local or other governmental agency the amount of all
commissions and referral fees paid to Affiliate. Forum
Publishing Co. retains the right to report to any federal,
state, local or other governmental agency the amount of all
commissions and referral fees paid to Affiliate and to issue
and file any reporting statements required by law (including,
without limitation, and federal income tax form 1099) required
to report amount paid by Forum Publishing Co. to Affiliate and
(upon Forum Publishing Co.\92s request) affiliate will provide
any and all information requested by Forum Publishing Co. to
allow Forum Publishing Co. to effect such reporting.
11. Limitation
on Liability. Forum Publishing Co. will have no liability
for any indirect, incidental, special or consequential damages
or any loss of revenue or profits arising under, or with
respect to, this Agreement or the Forum Publishing Co.
Affiliates Program.
12. Affiliated
Transactions. If Affiliate (either directly or indirectly
through one or more affiliated businesses or entities) creates
or establishes any web site, home page or similar
informational electronic billboard or site (each an
"Alternative Site"), all restrictions, limitations,
duties and obligations contained in this Agreement shall
automatically extend to and include each such Alternative
Site.
13. Entire
Agreement and Waiver. This Agreement constitutes the
entire Agreement between the parties pertaining to the subject
matter contained herein and supersedes all prior and
contemporaneous agreements, representations, and
understandings of the parties. No waiver of any of the
provisions hereof shall deemed, or shall constitute, a waiver
of any other provision, whether or not similar, nor shall any
waiver constitute a continuing waiver.
14. Venue.
This Agreement has been executed and accepted in Suffolk
County, Long Island, in the state of New York.
