To be an authorized affiliate of Log Your Memory, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the Log Your Memory service as an affiliate. By signing up for the Log Your Memory Affiliate Program, you indicate your acceptance of this agreement and its terms and conditions.
Log Your Memory Affiliate Program – Terms & Conditions
This Affiliate Service Agreement (the “Agreement”) is made by and between Log Your Memory, a division of Spring Creek Design, a Montana sole proprietorship owned by Kristin Rutten, (“Log Your Memory” and “Spring Creek Design”), and you, as an Affiliate utilizing the Log Your Memory Affiliate Program service (“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 and using the service as a Log Your Memory Affiliate. By signing up for the Log Your Memory Affiliate Program, You indicate Your acceptance of this agreement and its terms and conditions. If You do not accept this agreement, do not use the Log Your Memory service as an Affiliate.
The following agreement is summarized as follows:
* You place our links and banners anywhere on your site as you see fit, or within non-spam emails.
* We may email you concerning the Affiliate Program, including but not limited to program updates, new product releases, policy changes, special promotions, and advertising campaigns.
* We reserve the right to make changes to the program without advance notification.
* Adult, pornographic, hate, or other related sites are not allowed.
* You will be paid your commissions via PayPal on the 5th of the month when your commission balance accured during the prior month(s) has reached at least $10.00.
* All statistics are collected and calculated by Spring Creek Design/Log Your Memory, and will be the only valid stats used for determining commissions.
* As an affiliate, you can only have 1 (one) account. You can list multiple domains in one account, but only one account is allowed. Self-referrals for affiliate or merchant accounts are strictly prohibited and may result in immediate termination from the program.
* You won’t hold us liable for anything and a link to a non-Log Your Memory or Spring Creek design website does not mean that Spring Creek Design endorses or accepts any responsibility for the content or the use of such website.
* Spamming is strictly prohibited. We will terminate your account on the first offense of spamming. Do not send email to lists or groups that you do not have permission to send to.
* You may place banners or links within your newsletters, in the content of your website, or within other web-related content.
* Affiliate accounts that are left inactive for more than three months (90 days) may be removed from our system if their balance is less than $10. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 3 months (90 days), nor have any transactions been posted to that account. If one or the other of those conditions are true – the account will remain in an active state.
* NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
* NOT ALLOWED: Any placement of creative 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.
* NOT ALLOWED: Any display of a merchant window that isn’t the result of a direct click by the end-user.
* Failure to abide by these rules could mean termination from a given merchant program or from LogYourMemory.com completely with a complete forfeit of commissions.
* Fraud is a serious offense and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
* You cannot refer yourself as a Merchant with Log Your Memory and receive a commission.
Log Your Memory respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact email@example.com.
“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action.
“Visitor” means any person, or user that clicks on a link to a merchant’s website placed on an Affiliate’s website.
“Sale commission” means the payout Log Your Memory sets and agrees to pay for visitors referred to its website that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 60 days. If a sale occurs after 60 days and the visitor has not returned through an authorized Affiliate’s site, then no payout shall occur.
“Payout” means the amount of sale commission Log Your Memory agrees to pay for an individual measurable action. The payout is defined as either a percetage of a total sale amount or as a set bounty (flat rate) per action.
“Commission” means the amount of sale commission Log Your Memory agrees to pay for an individual measurable action. The payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.
“Link” means a hyperlink placed on an Affiliate’s site that, when clicked on, sends a visitor through to Log Your Memory’s website via redirection through the Log Your Memory Affiliate Program. Links may take many forms including text, a product image, buttons, banners, videos or any other format acceptable to Log Your Memory.
“VOID” means a reversal of a payout previously earned for a sale that is later rescinded or corrected by Log Your Memory. Log Your Memory may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.
“Your Account” means a specific account within the Log Your Memory Affiliate Program where commissions are credited.
You will receive a commission for sending Log Your Memory authorized sales via Your links. You understand that the payout amount may be changed at any time. This information is also available to You in the Log Your Memory Affiliate Program Member’s Area. You are responsible for determining if the payout for a link You have placed on Your site has changed or been discontinued. You receive the Commission from Spring Creek Design. Payments are made automatically on the fifth (5th) day of each month when Your account balance reaches $10 or more for the previous months’ transactions. Money credited to Your account does not accrue interest. In the event of a VOID by Log Your Memory, Log Your Memory may recover from You the corresponding commission previously credited to Your account. The VOID commission will be immediately deducted from Your account balance. In the event that Your account balance is less than the VOID commission, the VOID commission will be deducted against Your future earnings. You will NEVER be asked to send money to Log Your Memory in connection with the Log Your Memory Affiliate Program.
SERVICE AND SUPPORT
Log Your Memory and Spring Creek Design will provide support for the Service as indicated on the Log Your Memory Affiliate Program website.
Log Your Memory reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any Log YOur Memory related products and services.
CHANGES TO THE SERVICE
Log Your Memory reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, Log Your Memory will notify You via e-mail, newsletter or the Log Your Memory website at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the service.
To sign up as an Affiliate of Log Your Memory and to use the service as an Affiliate partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN THE LOG YOUR MEMORY 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. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide Log Your Memory 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 Log Your Memory may rely on any data, notice, instruction or request furnished to Log Your Memory by You which is reasonably believed by Log Your Memory to be genuine and to have been sent or presented by a person reasonably believed by Log Your Memory to be authorized to act on Your behalf. You shall notify Log Your Memory by e-mail at firstname.lastname@example.org of any known or suspected unauthorized uses of Your 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 Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Log Your Memory and referral to the appropriate law enforcement agencies.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any link placed must be done in such a way that it is not misleading to any visitor and done with the intention of delivering valid sales, leads, or clicks to Log Your Memory for that link.
Log Your Memory RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF the Log Your Memory Affiliate Program. If You are terminated from the Service, Log Your Memory has the right to withhold money You earned within the service or money that You owe within the service and You will not be allowed to re-join the Log Your Memory Affiliate Program.
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Log Your Memory DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Log Your Memory SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE 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. The Merchant will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Merchant liable for any of the consequences of such interruptions. MERCHANT 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. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
Log Your Memory 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 Log Your Memory Affiliate Program OR ANY INFORMATION PROVIDED ON THE Log Your Memory 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 Log Your Memory OR A Log Your Memory AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. 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,Log Your Memory ‘S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that Log Your Memory has no responsibility or liability as a result of Your placement of authorized Links from Your website, and You agree to indemnify, defend, and hold harmless Log Your Memory 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.
Log Your Memory agrees to indemnify, defend, and hold harmless Affiliate 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 Log Your Memory’s negligence or willful misconduct in performance of the Services or its breach of this Agreement.
Log Your Memory acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“Confidential Information”) of Your company. Log Your Memory agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term “Confidential Information” shall not include information that is or becomes part of the public domain through no action or omission of Log Your Memory, that becomes available to Log Your Memory from third parties without knowledge by Log Your Memory of any breach of fiduciary duty, or that Log Your Memory had in its possession prior to the date of this Agreement. Log Your Memory does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. Log Your Memory reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as Log Your Memory deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Log Your Memory provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of Log Your Memory, 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, tradenames and service marks related to the foregoing shall remain Log Your Memory’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.
Log Your Memory may immediately terminate Your license to use the marks if Log Your Memory reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by Log Your Memory. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge Log Your Memory’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of Log Your Memory.
Log Your Memory may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
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.
This Agreement shall be governed by Montana, USA law (except for conflict of law provisions). 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 Montana, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.