Please read the agreement document below before registering.
I accept these terms and wish to register.
You MUST read and agree to these terms before you sign up for the program.The link to join is at the bottom of these terms.
Mistletoe 'n Holly respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of You and Your company. We will not sell Your name, E-mail address, phone number, fax number or any other personal information to anyone else. We consider this information to be private, and it will remain as such, unless you otherwise instruct us to do so. If You have any questions about Your privacy rights, or would like further information regarding the confidentiality of Your interactions with Mistletoe 'n Holly, contact us at affiliates@OneofaKindKid.com.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term. You must ensure that your site will not:
Promote pornographic materials
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age Violate intellectual and artistic property rights
Promote illegal activities.
If we reject your application, you are encouraged to reapply to the Program at any time after your site has been modified.
Links to Our Site
Once you have been notified that your site has been accepted as a Mistletoe 'n Holly Affiliate, you may provide on your site, one or more link(s) to our Main Home page at http://www.Mistletoe 'n Holly or other pages, as we deem appropriate. We will provide you with guidelines and graphical artwork to use in linking to either of these web pages. To permit accurate tracking, reporting, and referral fee accrual, we will also provide you with a special linking format to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes this special linking format. Links to our site placed on your site pursuant to this Agreement and which properly utilize the special linking format, are referred to as "special links." You will only earn referral fees with respect to activity on our site occurring directly through these special links: we will not be liable to you with respect to any failure by you to use special links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. You can however still be credited for commissions from sales that originated from your site via phone, fax, and/or mail orders as long as the customer specifies that they found us through your website. Failure of the customer to accurately disclose this information will release us of the liability to pay out those particular commissions.
Promotion of Our Affiliate Relationship
As an Affiliate Site, we will make available to you graphics and banners that you may display on Your site. The Links will serve to identify your site as a member of our Affiliate Program and will establish a link from your site to ours. Product specific links and order buttons will connect your site directly to our sales transaction area. By utilizing this Link, users of your site will be able to order, directly from us, any products that are described or referenced on our site. We will also provide a General Link, which will connect your site to the home page of the Mistletoe 'n Holly website.
As an Affiliate Member of the Service, you may place and remove Merchant Links on Your site and in Your email messages at Your discretion. You are also allowed to place links of any competitors of ours as you see fit. You may also state your own personal testimony regarding our website, and are encouraged to do so provided they are of a positive nature and not slanderous in any way.
We will process product orders placed by customers who follow special links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, returns and handle customer service. We will track sales made to customers who purchase products using special links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion. The following methods may be used to link your site to Mistletoe 'n Holly:
You may provide a general link on your site to our home page, either text or graphical in nature, which will be provided by Mistletoe 'n Holly.
You may provide links to specific products, provided you do not post prices unless we give you specific permission in writing.
Any banner created by your site for the purpose of linking to Mistletoe 'n Holly must be approved by Mistletoe 'n Holly and used at our discretion.
You will earn referral fees based on the sale price of all software products based on the fee schedules set forth by Mistletoe 'n Holly. The current fee schedule is: 10% of the total order including 10% of all products, shipping, handling, sales tax, or any other fees collected. The commissions will be credited to your account whether it is purchased from a General Link, Customized Banner, or one that was telephoned in, faxed to us, or sent by mail, as long as the customer indicated that they found our site through your site. In the event that a customer fails to identify how they heard of us on orders other than direct clicks from our special links, commissions will not be paid. You may also purchase products on our website for your own personal use through your link(s) and still receive your total commissions.
Referral fees will be paid on a monthly basis. We will send you a check for the cumulative referral fees earned on products that were shipped during that month and any and all other fees due to you. If the fees payable to you for any calendar month are less than $25.00, we will hold those fees until the total amount due is at least $25.00 or until this Agreement is terminated. Sales will be deemed "pending" after each sale to ensure delivery has been made, products have not been returned, and the order is not fraudulent. Payments will not be dispersed until sixty days after the month's end to insure that consumer's payments have cleared and products have not been returned. If the customer returns a product, which has generated a referral fee, we will deduct the fee from your next payment. If there is no following payment, we will send you a bill for the fee.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. Should we change any portion of this agreement we will attempt to notify you of these changes immediately, however you are responsible to be aware of any changes that will be posted on our website. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. OBLIGATIONS REGARDING YOUR SITE.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Such responsibilities include, but are not limited to, the technical operation of your site and all related equipment; ensuring that materials posted on your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability for all such matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
Limitation of Liability
We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
Relationship of Parties
This Agreement does not create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between your site and Mistletoe 'n Holly. You and Mistletoe 'n Holly are independent contractors. You have no authority to make or accept any offers or representations on our behalf. You are unable to make any claims that reasonably would contradict anything in this Section.
You hereby agree to indemnify and hold harmless Mistletoe 'n Holly, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all 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 (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
Mistletoe 'n Holly makes no warranties with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). Mistletoe 'n Holly makes no guarantee that the operation of our site will be uninterrupted or error-free. In such an instance we will not be liable for the consequences of any interruptions or errors.
We grant you a non-exclusive, non-transferable, revocable right to access our site through the links solely in accordance with the terms of this agreement and solely in connection with such links to use our logos, trade names, trademarks, and similar identifying material relating to us (collectively, the “ licensed material"), for the sole purpose of selling software on your site for the Mistletoe 'n Holly website. You may not alter, modify, or change the licensed materials in any way. You are only entitled to use the licensed materials to the extent that you are a member in good standing of the Affiliate Program. You shall not create, publish, distribute, or permit any written or broadcast any spoken material that makes reference to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the United States and the Commonwealth of Virginia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Santa Ana, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
I accept these terms and wish to register.