Affiliate Terms and Conditions:
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.