This Affiliate Service Agreement (the “Agreement”) is made by and between Left Brain Craft Brain, LLC, a California, USA limited liability corporation (“leftbraincraftbrain.com”), and you, as an Affiliate utilizing the steamkidsbooks.com 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 an Affiliate. By signing up for steamkidsbooks.com, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the leftbraincraftbrain.com Service as an Affiliate.
The following agreement is summarized as follows:
- You place our banners anywhere on your site as you see fit, or within non-spam emails.
- We may email you concerning new programs
- We might change the service here and then
- Adult, Hate, or other related sites are not allowed
- You will be paid your commissions on a monthly basis.
- All statistics are collected and calculated by SendOwl, GumRoad and AffiliateWP, and will be the only valid stats used for determining commissions.
- Any page that contains steamkidsbooks.com links, banners, or code must be written in English.
- As an affiliate, you can only have 1 account. Self-referrals for affiliate accounts are strictly prohibited.
- International affiliates (those with addresses outside of the 50 U.S. States) are paid via Direct Deposit where possible.
- You won’t hold us liable for anything, a link to a non-steamkidsbooks.com Web site does not mean that steamkidsbooks.com or leftbraincraftbrain.com endorses or accepts any responsibility for the content or the use of such Web site.
- You cannot SPAM. You cannot SPAM. You cannot SPAM. 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. We cannot stress this enough, we WILL terminate your account on the first offense.
- You may place banners or links within your newsletters, in content of your website, or within other web related content.
- NOT ALLOWED: Any display of a steamkidsbooks.com window that isn’t the result of a direct click by the end-user.
- Failure to abide by these rules could mean termination from the program 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.
PRIVACY POLICY
steamkidsbooks.com and leftbraincraftbrain.com respect 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 leftbraincraftbrain@gmail.com.
DEFINITIONS
“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. Affiliates use steamkidsbooks.com to gain tracking, reporting, and receipt of commission payment.
“Visitor” means any person, or user that clicks on a Link to steamkidsbooks.com Web site placed on an Affiliate’s Web site.
“sale commission” means the Payout set by steamkidsbooks.com and agrees to pay for Visitors referred to the steamkidsbooks.com Web site 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 30 days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate’s site, then no Payout shall occur.
“lead commission” means the Payout set by steamkidsbooks.com and agrees to pay for Visitors referred to the steamkidsbooks.com site that results in the Visitor performing an action defined by steamkidsbooks.com. Such an action could include filling out a form, joining a mailing list, or other mechanism to identify potential customers. The action could occur at the time of the visit or at a later time not to exceed 30 days. If an action occurs after 30 days and the Visitor has not returned through an authorized Affiliate’s site, then no Payout shall occur.
“click commission” means the Payout set by steamkidsbooks.com and agrees to pay for a valid click from an Affiliate Partner’s site to the steamkidsbooks.com site that results in the steamkidsbooks.com Web site being viewable to the Visitor. A click is deemed valid when it meets certain criteria as defined on the Web site or in this agreement, which criteria may change from time to time.
“Payout” means the amount of sale commission, lead commission, or click commission steamkidsbooks.com grees 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.
“Commission” means the amount sale commission, lead commission, or click commission steamkidsbooks.com 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 steamkidsbooks.com.. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to steamkidsbooks.com.
“VOID” means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by steamkidsbooks.com. steamkidsbooks.com 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 Service, where Commissions are credited.
LINK PLACEMENT
As an Affiliate of the Service, you may place and remove STEAM Kids Book Links on Your site and in acceptable locations.
- You place our banners anywhere on your site as you see fit, or within non-spam emails.
- Adult, Hate, or other related sites are not allowed
- Any page that contains leftbraincraftbrain.com links, banners, or code must be written in English.
- You cannot SPAM. 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.
- 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 steamkidsbooks.com window that isn’t the result of a direct click by the end-user.
AFFILIATE PAYMENT
You will receive a Commission for sending a authorized sales, leads, and/or clicks via Your Links. In order to place Links, You must first be approved by steamkidsbooks.com or leftbraincraftbrain.com to join the program. You understand that the Payout amount may be changed at any time. This information is also available to You at the steamkidsbooks.com Affiliate 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 leftbraincraftbrain.com. Payments are made by the fifteenth (15th) day of the second month in which the sales have occurred. Money credited to Your Account does not accrue interest. In the event of a return or voided order, leftbraincraftbrain.com may recover from You the corresponding Commission previously credited to Your Account. The Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to leftbraincraftbrain.com
SERVICE AND SUPPORT
Steamkidsbooks.com will provide support for the Service as indicated on the steamkidsbooks.com Web site.
EMAIL CONTACT
Steamkidsbooks.com and leftbraincraftbrain.com reserve the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any related products and services.
CHANGES TO THE SERVICE
Steamkidsbooks.com and leftbraincraftbrain.com reserve 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, steamkidsbooks.com or leftbraincraftbrain.com will notify You via e-mail, newsletter or the steamkidsbooks.com Web site 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.
REGISTRATION
To sign up as an Affiliate of steamkidsbooks.com and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age.
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 steamkidsbooks. and leftbraincraftbrain.com 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 steamkidsbooks.com and leftbraincraftbrain.com may rely on any data, notice, instruction or request furnished to leftbraincraftbrain.com by You which is reasonably believed by leftbraincraftbrain.com to be genuine and to have been sent or presented by a person reasonably believed by leftbraincraftbrain.com to be authorized to act on Your behalf. You shall notify leftbraincraftbrain.com by e-mail at leftbraincraftbrain@leftbraincraftbrain.com 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 leftbraincraftbrain.com and referral to the appropriate law enforcement agencies.
ACCEPTED USE
You represent to leftbraincraftbrain.com and steamkidsbooks.com that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As leftbraincraftbrain.com may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate, You may not artificially inflate traffic counts to the steamkidsbooks.com site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners and/or links or submit multiple leads to steamkidsbooks.com.
LIMITED WARRANTY
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, leftbraincraftbrain.com and steamkidsbooks.com 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, leftbraincraftbrain.com 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. steamkidsbooks.com 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 steamkidsbooks.com or Left Brain Craft Brain, LLC liable for any of the consequences of such interruptions. LEFT BRAIN CRAFT BRAIN SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. LEFT BRAIN CRAFT BRAIN SHALL HAVE NO LIABILITY WITH RESPECT TO LEFT BRAIN CRAFT BRAIN OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF LEFT BRAIN CRAFT BRAIN HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF LEFT BRAIN CRAFT BRAIN HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY LEFT BRAIN CRAFT BRAIN AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
leftbraincraftbrain.com OR ITS SUPPLIERS OR RESELLERS 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 leftbraincraftbrain.com SERVICE OR ANY INFORMATION PROVIDED ON THE leftbraincraftbrain.com or steamkidsbooks.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF leftbraincraftbrain.com OR A leftbraincraftbrain.com 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, leftbraincraftbrain.com’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 leftbraincraftbrain.com, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, agree to indemnify, defend, and hold harmless leftbraincraftbrain.com 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.
leftbraincraftbrain.com 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 leftbraincraftbrain.com’s negligence or willful misconduct in performance of the Services or its breach of this Agreement.
NON-DISCLOSURE
leftbraincraftbrain.com acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“Confidential Information”) of Your company. leftbraincraftbrain.com 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 leftbraincraftbrain.com, that becomes available to leftbraincraftbrain.com from third parties without knowledge by leftbraincraftbrain.com of any breach of fiduciary duty, or that leftbraincraftbrain.com had in its possession prior to the date of this Agreement. Any information we receive is used solely for tracking and Commission payment purposes. leftbraincraftbrain.com 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 leftbraincraftbrain.com deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the steamkidsbooks.com, 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 steamkidsbooks 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.
Steamkidsbooks.com or Left Brain Craft Brain, LLC may immediately terminate Your license to use the marks if the we reasonably believe 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 the Steamkidsbooks.com or Left Brain Craft Brain, LLC above. 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 the Steamkidsbooks.com or Left Brain Craft Brain, LLC’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 the Steamkidsbooks.com or Left Brain Craft Brain, LLC.
REPRESENTATIONS
leftbraincraftbrain.com makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-leftbraincraftbrain.com Web site does not mean that leftbraincraftbrain.com endorses or accepts any responsibility for the content or the use of such Web site.
NONASSIGNABILITY
Affiliate or leftbraincraftbrain.com may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
FORCE MAJEURE
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.
JURISDICTIONAL ISSUES
This Agreement shall be governed by California, 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 California,, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
MISCELLANEOUS
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.