AFFILIATE PROGRAM TERMS AND CONDITIONS
This Agreement (hereinafter “Agreement”) describes the terms and conditions for participation in the Baby Miracles affiliate program. In this Agreement, the term "Affiliate" refers to you (the applicant). In this Agreement, “Baby Miracles” refers to Sleep Safe Box, a California Corporation, with whom you are entering into this Agreement. By participating in the Baby Miracles affiliate program and using your personal Affiliate link (referral link) you are confirming that you have read the Agreement and agree to the terms and conditions of this Agreement.
For a sale to generate a commission (a reward) to an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links (referral links). Properly coded links are the sole responsibility of the affiliate. Affiliate is always notified by email when a new commission is earned.
Baby Miracles shall not be responsible for any taxes, including taxes that are measured by net income or profit, duties, fees, or other charge of any nature that might arise from the execution of the Agreement with the exception of those taxes, duties, fees or other charge of any nature imposed by the California governmental authorities.
Commission will be paid to the Affiliate within 30 days from the day the order which generated the commission was made. Payments will generally be paid out via PayPal.
RETURNS AND CANCELLATIONS
In the event a customer returns the purchase or cancels the order for which the Affiliate has earned commissions, any commissions earned on the order will be deducted from the Affiliate’s balance or future commissions.
USAGE AND OBLIGATIONS
Affiliates are permitted to use the Baby Miracles brand and marketing resources provided to the Affiliate by Baby Miracles for this purpose. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
The Affiliate will never imply that they are acting on behalf of Baby Miracles and will never advertise Baby Miracles products directly. The Affiliate will never bid for advertisements that compete with Baby Miracles.
The Affiliate will never represent themselves, Baby Miracles or their relationship with Baby Miracles in a false or misleading way.
The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Baby Miracles.
The Affiliate will not purchase or register domain names that include the "Baby Miracles" or any variations and misspellings of it.
TERM,TERMINATION AND EFFECT OF TERMINATION
Either party has the right to terminate the Agreement immediately without prior notice.
If the Affiliate terminates the Agreement, no further commissions from Baby Miracles will be paid for any past or future customer transactions.
If Baby Miracles chooses to terminate the Agreement, the balance will be paid to the affiliate within 30 days of termination.
Upon termination for whatsoever cause, the Affiliate shall cease and desist immediately and permanently all use of, and shall not thereafter use in any manner through any media any trademarks or anything else which would similar to the trademark(s) of Baby Miracles.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed, construed, and enforced in accordance with the laws of California, without regard to its conflict of laws rules. If any dispute, controversy or difference arises out of or in connection with this Agreement, the parties hereto shall use their best efforts to settle such dispute, controversy or difference amicably between the parties.
In case such dispute, controversy or difference cannot be amicably settled by negotiations by the parties hereto, shall be settled in Orange County Court.
The Affiliate shall act only as an independent contractor under this Agreement and shall have no power, right or authority, expressed or implied, to create or assume in any manner any obligation of any kind on behalf of Baby Miracles or in Baby Miracles’s name. The Affiliate is in no respect an agent, employee or a legal agent of Baby Miracles and it shall not hold itself out as such for any purpose whatsoever. This Agreement shall not create a contract of employment of any kind.
If any section or lesser provision of this Agreement is held invalid for any reason or for any purpose, such invalidity shall not affect other sections or lesser provisions of this Agreement, if in spite of the exclusion of the invalid provision, the Agreement can be given effect in line with the basic intentions of the parties and to this end the sections and lesser provisions of this Agreement are declared to be severable.
The failure of Baby Miracles to insist upon the strict adherence to any term of this Agreement on any occasion shall not be considered as a waiver of any right hereunder nor shall it deprive Baby Miracles of the right to insist upon the strict adherence to that term or any other term of this Agreement at some other time.
Baby Miracles may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules. Baby Miracles may at its own discretion, without incurring any liability, change the construction and composition of the product(s), as well as discontinue the manufacture and sale of any product(s).