Affiliate Program Contract
THIS AGREEMENT
(the “Agreement”) provides the terms and conditions of the relationship between:
Company: Why Jesus Books, LLC, a Limited Liability Company 30 N GOULD ST STE R
SHERIDAN WY 82801
To participate in the Why Jesus Book Series Affiliate Program (the “Program”) to refer traffic to Why Jesus Books, LLC’s website.
WHEREAS is the sole owner and operator of the Internet site known
as (the “Site”); and
WHEREAS, Why Jesus Books, LLC has created a Program that enables Affiliates to refer internet traffic to the Site from the website(s) or advertising networks of others in exchange for agreed consideration and
WHEREAS you are the sole owner of the website(s) known as (collectively, the “Affiliate Site”); and
WHEREAS you desire to participate in the Program, as evidenced by your application, which application Why Jesus Books, LLC may approve or disapprove, at its sole discretion.
THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows:
Affiliate Responsibilities
It is understood that the Affiliate will introduce Company products and services to their current and prospective customers and will comply with all laws, including those that govern email marketing and anti-spam laws. The Affiliate will be fully responsible for any costs related to maintaining or marketing the Affiliate Program, including but not limited to costs associated with the creation, hosting, modification, or improvements to the Affiliate’s website; cost of internet marketing; offline marketing costs; postage; and all other costs and expenses.
Why Jesus Books, LLC reserves the right to accept or reject prospective customers. It will pay the Affiliate a commission per customer referred using an affiliate code and according to a designated payment schedule.
Nature of partnership
The Affiliate will act as an agent on behalf of Why Jesus Books, LLC by placing links
on their website(s) to direct traffic to Why Jesus Books, LLC website(s) registered
at (Domain Names). In addition, the Affiliate shall coordinate with Why Jesus Books, LLC to successfully market, publicize, and promote Why Jesus Books, LLC’s products or services.
Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Program will be available on the Why Jesus Books Series website. Accordingly, the Affiliate must keep themselves informed of any amendments of Affiliate Programs, particularly if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.
Terms of the agreement
- The term of this Agreement will begin upon Why Jesus Books, LLC’s acceptance of the Affiliate’s application.
The Affiliate is only eligible to earn commission fees on qualified purchases occurring during the term, and commission fees earned through the termination date will remain payable only if the orders for the related products and services are not canceled and comply with all terms laid out in this Agreement.
Why Jesus Books, LLC may withhold your final payment of commission fees for a reasonable time to ensure that all qualified purchases are valid and payments from the referred company in its sole discretion.
- Any Affiliate who violates either this agreement or Why Jesus Books, LLC’s Terms and Conditions will immediately forfeit their right to all accrued commission fees and be removed from Why Jesus Books, LLC Affiliate Program.
- Without limitation, the Affiliate’s participation in the program and this agreement shall be deemed automatically terminated immediately and all commissions forfeited upon the Affiliate’s violation of any of the terms of this Agreement or any applicable law or regulation having the force of law.
Confidentiality
The Affiliate promises and agrees to hold any confidential information in strict confidence and trust for the sole benefit of Why Jesus Books, LLC, both during the term of this Agreement and at all times thereafter, and shall not use such confidential information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties according to this Agreement, without Why Jesus Books, LLC’s prior written consent.
The Affiliate shall not disclose any confidential information to any person or entity other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than this Agreement without Why Jesus Books, LLC’s prior written consent.
The Affiliate’s obligations include taking all actions necessary to ensure that any affiliates, employees, contractors, or agents abide by the terms of this section in their entirety.
Confidential information does not include information that:
- is or becomes publicly known through lawful means;
- was rightfully in the provider’s possession or part of the Affiliate’s general knowledge before the effective date of this Agreement or
- is disclosed to the Affiliate without confidential restriction by a third party who rightfully possesses the information (without confidential restriction) and did not learn of it, directly or indirectly, from Why Jesus Books, LLC.
Indemnification
The Affiliate hereby agrees to indemnify and hold harmless Why Jesus Books, LLC,its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on:
- Any claim that our use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party.
- Any claim related to the Affiliate’s site, including, without limitation, its development, operation, maintenance, and content therein, is not attributable to Why Jesus Books, LLC.
- Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein.
Enrollment in the affiliate program
To register for the Affiliate Program, the recipient must complete and send an Affiliate Program Application to Why Jesus Books, LLC. The Affiliate Program Application is included on Why Jesus Books, LLC’s website and can be completed and submitted through the site.
Why Jesus Books, LLC will evaluate the application and notify the Affiliate of their acceptance or rejection. Why Jesus Books, LLC may reject the application at their sole discretion.
Without limiting the ability to reject any application for any reason at Why Jesus Books, LLC’s absolute discretion, the Affiliate application will be rejected if:
- The application is incomplete.
- The Affiliate website contains images or content that promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- The Affiliate website promotes illegal activities or is intended.
- To harass or defame any person.
- The Affiliate website intentionally includes variations or misspellings in their domain names or otherwise violates Why Jesus Books, LLC’s intellectual property rights or the intellectual property rights of others.
If Why Jesus Books, LLC rejects the Affiliate’s application, the Affiliate is welcome to reapply to the program at any time. However, if Why Jesus Books, LLC accepts the application, they reserve the right to terminate the Affiliate’s participation in the program for any reason at their sole discretion immediately and without prior notice.
Modification
Why Jesus Books, LLC may modify any terms and conditions in this Agreement at their sole discretion. In such an event, Why Jesus Books, LLC will notify the Affiliate by email. Modifications may include but are not limited to changes in the payment procedures and Company Affiliate Program rules. If any modification is unacceptable to the Affiliate, their only option is to end this Agreement. Continued participation in Why Jesus Books, LLC Affiliate Program following the notification of change or new Agreement posting on our site will indicate your agreement to the changes.
Affiliate payment
Why Jesus Books, LLC makes no representations or warranties regarding potential income that may result from the Affiliate Program. Commissions will be paid to the Affiliate based on customers who access the Why Jesus Books, LLC website through the Affiliate’s site.
Commissions will be based on gross sales price, not including any sales tax, shipping, special service fees (such as gift wrapping), late charges, collection costs, and any other payment made to Why Jesus Books, LLC that is not the product’s purchase price.
The percentage paid as commissions is outlined in Schedule A (attached to this agreement). Payments are made automatically on the 10th day of each month OR when the Affiliate’s account balance reaches $100 or more for the previous month’s transactions. The Affiliate understands why Jesus Books, LLC may sometimes change the payout amount to accommodate price changes that are out of its control. This might include an increase in printing, shipping, etc.
The Affiliate is responsible for determining if the payout for a link they placed on their site has changed or been discontinued. Why Jesus Books, LLC reserves the right to deduct the costs for any products that are returned or refunded in the subsequent months, attributable to credit card fraud or bad debt write-off, or for any other reason if the previous commission was overpaid.
Severability
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the agreement to achieve the interests and objectives of the parties prevailing at the time of execution.
Applicable law
The laws of the States and Country will govern this Agreement without reference to rules governing the choice of laws. Any action relating to this Agreement must be brought in by the federal or state courts located in Sheridan, Wyoming, and the Affiliate irrevocably consents to the jurisdiction of such courts.
The Affiliate may not assign this Agreement by law or otherwise without our prior written consent. Why Jesus Books, LLC’s failure to enforce the Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of Why Jesus Books, LLC’s right to enforce such subsequent provision or any other provision of this Agreement.
Termination of agreement
Either the Affiliate or Why Jesus Books, LLC may terminate the Affiliate relationship
at any time. The Affiliate is only eligible to earn Affiliate payments during their time as an approved Affiliate. Why Jesus Books, LLC may change the program or service policies and operating procedures at times.
IN WITNESS WHEREOF, Why Jesus Books, LLC has caused this Agreement to be signed by a duly authorized officer, and the Affiliate has affixed their signature hereto.
Entire agreement
This Agreement sets forth the entire agreement and understanding between the Affiliate and Why Jesus Books, LLC, relating to the subject matter hereof and thereof and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between the Affiliate and Why Jesus Books, LLC, written or oral, to the extent they relate in any way to the subject matter hereof.
END