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THIS IS AN AGREEMENT BETWEEN Book By You Publishing ("Book By You") AND YOU ("you" or "Affiliate") to use the Book By You Material(s). You first need to read and agree to the terms of Book By You Affiliate Agreement. If the license terms are acceptable to you click on the "I Agree" button. Then after you complete the Book By You form below, a Book By You representative will review your website and information and approve your participation as a Book By You Affiliate. Thank you for your interest in Book By You.
Book By You Affiliate Agreement Terms
You agree to the following terms and conditions in order to use the Book By You Materials:
1. LICENSE. Subject to the terms and conditions of this contract, Book By You hereby grants to the Affiliate a limited, non-exclusive, non-transferable license to use the Book By You advertising materials provided to Affiliate by Book By You (if any) (the "Book By You Materials"), and to use the Book By You trademarks, service marks and logos set forth therein, or as otherwise specified in writing by Book By You (collectively the "Book By You Marks"), for the sole purpose of linking to the appropriate Book By You page. The Affiliate shall use only the most current Book By You Materials, as may be provided by Book By You from time to time. Affiliate shall not form any combination marks with Book By You Materials. Affiliate hereby admits and recognizes Book By You's exclusive ownership of Book By You's Materials and the renown of such Materials worldwide. Affiliate agrees not to take any action inconsistent with Book By You's ownership of Book By You's Materials and agrees that any benefits accruing from use of such Materials shall automatically vest in Book By You. Affiliate may not modify for public display any Book By You Materials, logos or marks, except upon receiving Book By You's prior written approval. Affiliate may not sublicense, resell, assign or transfer any of its rights hereunder, without the prior written approval of Book By You, such approval to not be unreasonably withheld. Any attempt to resell, assign or transfer such rights absent such approval is void and shall, at Book By You's election, result in immediate termination of this contract, without liability to Book By You. All rights not expressly granted hereunder are reserved to Book By You.
2. PAYMENT. Affiliate can earn commissions under the following conditions:
13% of gross book sales, exclusive of shipping and taxes, attributable to your affiliate code, payable on a monthly basis with a minimum $100 payable.
2.1 DURATION. A visitor who clicks on an affiliate-coded Book By You link from your site has a cookie file written to their browser. The life span of this cookie is 4 months, during which you will be subject to receive commissions on orders placed with Book By You by this visitor. Subsequent clicks from your site to Book By You through any affiliate-coded link will renew this cookie's life span. Once this cookie expires, Book By You is no longer able to track any visits or sales from that visitor. Other circumstances which could expire or delete this cookie are outside the control and not the responsibility of Book By You.
3.1 You may use the Materials only as an active hypertext link to (as applicable) the appropriate Book By You page. The Materials may not link to any other page. You may not frame the Book By You site, cause the link to create a new browser window (unless such window occupies 100% of the user's screen and appears above all other browser windows), or otherwise cause users to display the Book By You site in a distorted fashion.
3.2 You may display the Materials only in the form and at the size Book By You provides to you. You may not modify or alter the Materials in any way, including size, proportions, colors, elements, type or in any other respect. You may not animate, morph or otherwise distort the Materials' perspective or dimensional appearance, nor may you use screen shots of your pages (to the extent that the Materials appears in the screen shot) in any other medium. If Book By You provides you with a substitute version of the Materials, you shall replace the Materials as soon as reasonably possible.
3.3 The Materials shall be surrounded by a reasonable amount of empty space, and you may not use the Materials in conjunction with other logos or marks in a way that would create a combination mark. You may not use the Materials in a way that suggests that Book By You endorses or sponsors your site. The Materials may not appear larger or more prominently than other branding on the page on which it is displayed.
3.4 You may not use the Materials in any way that tarnishes, blurs or dilutes the quality of the Book By You trademarks or any associated goodwill. Without limiting the foregoing, you shall not display the Materials on any pages that contain infringing or illegal content or links.
3.5 You acknowledge Book By You's sole and exclusive ownership of the Materials, and you shall not take any action inconsistent with such ownership, such as adopting, using, registering, or attempting to register any logo or trademark confusingly similar to the Materials. All use of or goodwill associated with the Materials shall accrue to Book By You's benefit. You may not use the Materials in any manner not expressly authorized under this Agreement.
4. REPRESENTATIONS. Affiliate represents and warrants that: (i) all Book By You advertisements and links shall be displayed in accordance with this contract and in a professional and tasteful manner and shall not be used to endorse, or imply the endorsement of the Affiliate's or any third party's products or services; (ii) the Affiliate shall at all times comply with all laws and regulations applicable to its site and its performance under this contract; (iii) materials posted on the Affiliate's site do not violate or infringe upon the rights of any third party, are not libelous or otherwise illegal; (iv) this Agreement has been duly and validly executed and delivered to you and constitutes the legal, valid and binding obligation of you, enforceable against you in accordance with its terms; and (v) you are duly organized, validly existing and in good standing under the laws of your State of organization and have full power and authority to execute, deliver and perform this Agreement. In the event of the Affiliate's breach of any warranty or representation set forth in this Section, Book By You may terminate this contract, without liability of any kind, upon providing the Affiliate with five (5) days written notice and opportunity to cure. Affiliate shall indemnify and hold harmless Book By You against any and all expenses and losses of any kind (including reasonable attorneys' fees and costs) incurred by Book By You and/or its affiliates in connection with any claims arising out of the publication of the Book By You advertisements, and/or the Affiliates use of the Book By You materials provided hereunder.
5. INDEMNIFICATION. In the event of Affiliate's breach of any warranty or representation set forth in Section 4, Book By You may terminate this contract, without liability of any kind, upon providing Affiliate with five (5) days written notice and opportunity to cure. Affiliate shall indemnify and hold harmless Book By You against any and all expenses and losses of any kind (including reasonable attorneys' fees and costs) incurred by Book By You and/or its affiliates in connection with any claims arising out of the publication of the Book By You advertisements, and/or the Affiliate's use of the Book By You materials provided hereunder.
6. TERMINATION. Book By You may terminate this Agreement or the trademark license at any time for any reason or no reason. You may terminate this Agreement at any time for any reason or no reason. This Agreement and your license automatically terminates if you breach any provision of this Agreement. In the event of termination, (a) you shall immediately remove the Materials from your site, and (b) Sections 3-7 shall survive.
7. NO WARRANTY. THE MATERIALS IS PROVIDED "AS IS." Book By You DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
8. LIABILITY LIMITS. Book By You DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
9. PUBLICITY. Affiliate shall not issue any press release nor make any public statement regarding this Agreement (including the terms and existence thereof) or the relationship of the parties without Book By You's prior written approval which may be withheld in Book By You's sole discretion. Nothing herein shall require Book By You to approve the issuance of a press release nor obligate Book By You to participate in a press release with Affiliate.
10. CONFIDENTIALITY. The Affiliate shall use their reasonable efforts to keep confidential the terms and conditions of the Agreement, and all information regarding the specific viewing of Book By You advertisements, the click-through rates of such advertisements and the demographics of viewers who click-through to an Book By You site. The Affiliate may not disclose the other party's confidential information and may not use such information except as required to perform under this contract. The Affiliate's breach of this confidentiality provision would cause Book By You irreparable harm and Book By You shall be entitled to appropriate injunctive relief in the event of such breach. However, the Affiliate may use aggregate demographic information once stripped of any personal identifiable information.
11. ENTIRE AGREEMENT/AMENDMENT. This Agreement contains the entire agreement between you and Book By You with respect to the Materials. However, this Agreement does not modify in any respect the Book By You user agreement. This Agreement may be modified by Book By You at anytime. If you do not agree with any change, you may terminate your license to the Materials.