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Cash4Books.net Affiliate Program Agreement

Last Updated February 8, 2013


This Affiliate Program Agreement (the “Agreement”) is made by and between Cash4Books.net (“C4B” or “We”), and you, as an Affiliate utilizing the C4B Affiliate Program (“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 for the Affiliate Program.  By signing up for the Affiliate Program, you indicate your acceptance of this Agreement and its terms and conditions.

  1. DEFINITIONS.
    1. “Book BuyBack” means an order is created, the books are received and inspected,  and the customer is paid.
    2. “Affiliate” means an individual or business generating their own traffic and thus rewarded for a Book BuyBack.
    3. “New Customer” means a first-time customer who has not previously sold books to C4B who clicks on a Link to a C4B website placed on an Affiliate’s website and who completes a Book BuyBack.
    4. “Commission” means the amount C4B agrees to pay for a referral resulting in a Book BuyBack.
    5. “Link” means a hyperlink placed on an Affiliate’s website that, when clicked on, sends a New Customer through to C4B’s website.  Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to C4B.
    6. “VOID” means a reversal of a Commission previously earned for a Book BuyBack or a sale that is later rescinded or corrected by C4B.  C4B may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other reasons in C4B’s sole discretion.
    7. “Affiliate Account” means a specific account within the Affiliate Program, where Commissions are credited.
  2. REGISTRATION.  As part of the registration process, you will select a username and password combination to access your Affiliate Account.  You shall provide C4B 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 C4B may rely on any data, notice, instruction or request furnished to C4B by you which is reasonably believed by C4B to be genuine and to have been sent or presented by a person reasonably believed by C4B to be authorized to act on your behalf.  You shall notify C4B by e-mail at support@Cash4Books.net of any known or suspected unauthorized uses of your Affiliate 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 Affiliate Account, including use of the account by a third party authorized by you to use your Affiliate Account.  Affiliates may only have a single Affiliate Account.
  3. LINK PLACEMENT.
    1. In order to place a Link, you must first create an Affiliate Account with C4B, pursuant to paragraph 2.
    2. You may place and remove Links on your website and in acceptable locations as you see fit.  You may place Links anywhere in the content of your website, within other web-related content, or within non-spam emails, including non-spam newsletters.
    3. You may not place Links:
      1. on adult, hate, or similar sites;
      2. in SPAM or other types of unsolicited e-mails.  C4B may terminate your Affiliate Account if and when it learns of any incident of spamming.  This prohibition means, but is not limited to mean that you may not use Links in e-mails to lists or groups that you do not have permission to send to;
      3. in newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed;
      4. in a “Desktop” advertising scheme.  This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form;
    4. Any Link placed must be done in such a way that it is not misleading to any Customer and done with the intention of delivering valid sales to C4B.
    5. THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN THE AFFILIATE PROGRAM: 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.
    6. Pay-Per-Click Advertising Policies: You may not bid on C4B trademarks or misspellings and variations of C4B trademarks. You may not use C4B trademarks in pay-per-click advertisements other than in the destination URL.
  4. ACCEPTED / PROHIBITED USES.  You represent to C4B that all content you provide to the Affiliate Program 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 any content, or website that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent, or violates any law.  As C4B may not review all information provided by you, you shall remain solely responsible for your content and website(s).  You cannot refer yourself as a Customer to C4B.  You will not receive a commission for yourself.  
  5. TERMINATION.
    1. Failure to abide by the terms and conditions of this agreement may be grounds for termination by C4B, in C4B’s sole discretion.  
    2. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination by C4B and referral to the appropriate law enforcement agencies, in C4B’s sole discretion.
    3. C4B RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF THE AFFILIATE PROGRAM AT ANY TIME IN ITS SOLE DISCRETION.  
    4. If you are terminated from the Affiliate Program, you agree that C4B has the right to withhold money you earned within the Affiliate Program and you will not be allowed to re-join the Affiliate Program.
    5. Affiliate may terminate its participation in the Affiliate Program at any time by cancelling its Affiliate Account.
  6. AFFILIATE PAYMENT.
    1. You will receive a Commission from C4B when a Link placed by you results in a Customer completing a Book BuyBack.  You understand that your Commission is limited to one Customer per household.  You will not receive Commissions for multiple customers from the same household.  You understand that the Commission amount may be changed at any time in C4B’s sole discretion.  Commission payments are made by C4B twice a month.  Commission will be credited directly to your Affiliate Account.  Money credited to your Affiliate Account does not accrue interest.  In the event of a VOID, C4B may recover from you the corresponding Commission previously credited to your Affiliate Account.  The VOID Commission will be immediately deducted from your Affiliate Account balance.  In the event that your Affiliate Account balance is less than the VOID Commission, the VOID Commission will be deducted against your future earnings.  
    2. All statistics related to counting, collection, and calculation of Commissions will be collected and calculated by C4B, and will be the only valid statistics used for determining Commissions.  C4B, in its sole discretion, will make determinations regarding the household status and potential Commission for any Customer.
    3. You will be asked to supply a valid tax-id, or social security number when your commissions have reached $600.
    4. A $5.00 USD minimum payment is required for payout. If you have an affiliate balance of less than $5.00 it will be counted towards your affiliate payment for the next month.
  7. SERVICE AND SUPPORT.  C4B will provide support for the Affiliate Program as indicated on the C4B website.
  8. EMAIL CONTACT.  As an Affiliate, you agree that C4B may from time to time send e mails to you for the purposes of informing you of applicable changes or additions to the Affiliate Program or any C4B related products and services.
  9. CHANGES TO THE AFFILIATE PROGRAM.  C4B may change, modify, add, or remove portions of this Agreement at any time and may add to, change, suspend, or discontinue any aspect of the Affiliate Program at any time in its sole discretion.  In the event of any material change, C4B will notify you via e-mail, newsletter, or the C4B website at least seven (7) days prior to any such changes taking effect, at which time you may either agree to such changes or withdraw from the Affiliate Program.
  10. LIMITED WARRANTY.  
    1. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, C4B DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  C4B DISCLAIMS ALL WARRANTIES RELATED TO THE USE OR THE RESULTS OF USE OF THE AFFILIATE PROGRAM.  WITHOUT LIMITING THE FOREGOING, C4B SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE AFFILIATE PROGRAM 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.  
    2. C4B will make reasonable commercial efforts to keep its Affiliate Program operational during normal business hours.  However, certain technical difficulties may, from time to time, result in temporary service interruptions.  Affiliate understands and agrees that it is normal to have a certain amount of system downtime and further agrees not to hold C4B liable for any consequences of such interruptions, even if such consequences are foreseeable.  
  11. LIMITATION OF LIABILITY.  C4B SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF ANY WEBSITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS, OR DEVICES.  C4B SHALL HAVE NO LIABILITY WITH RESPECT TO OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF C4B HAS BEEN NOTIFIED OF SUCH DAMAGES.  ANY LIABILITY OF C4B HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY C4B AS A DIRECT RESULT OF THIS AGREEMENT.  C4B 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 C4B AFFILIATE PROGRAM OR ANY INFORMATION PROVIDED ON THE C4B WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF C4B OR A C4B AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR ANY HYPERLINKED WEBSITE.  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, C4B’S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.  THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
  12. INDEMNIFICATION.  You agree that C4B, although the provider of the Affiliate Program, has no responsibility or liability as a result of your placement of authorized Links from your Website, and you jointly and severally agree to indemnify, defend, and hold harmless C4B and its affiliates, officers, directors, employees, and agents from and against any and all liability, claims, losses, damages, injuries, or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
  13. OWNERSHIP AND LICENSES.
    1. You, the Affiliate, are granted a non-exclusive, limited, revocable right to use C4B Links included C4B’s trademarks.  All images, technology, and content provided for your use is and shall remain the sole property of C4B, 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, trade names, and service marks related to the foregoing shall remain C4B’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.
    2. C4B may immediately terminate your license to use its trademarks if C4B reasonably believes that such use dilutes, tarnishes, or blurs the value of its trademarks.  You acknowledge that your use of C4B’s trademarks will not create in you, nor will you represent that you have, any right, title, or interest in or to the trademarks other than the license granted to you by C4B above.  You will not challenge the validity of or attempt to register any of the trademarks or your interest therein as a licensee, nor will you adopt any derivative or confusingly similar names, brands, or mark.  You acknowledge C4B ownership and exclusive right to use the trademarks and agree that all goodwill arising as a result of the use of the trademarks shall inure to the benefit of C4B.
  14. ASSIGNABILITY.  Affiliate may not assign this Agreement.  C4B may assign this Agreement upon notice to Affiliate consistent with paragraph 9.
  15. 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.
  16. JURISDICTION AND VENUE.  This Agreement shall be governed by, and construed in accordance with, the laws of the state of Oregon, United States, without regard to its conflict of laws rules.  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 Oregon, and you consent to such jurisdiction. 

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