Affiliate Agreement

TO BE AN AFFILIATE UNDER BEST-CHILDCARE.ORG ADVERTISING PROGRAM,
YOU MUST AGREE TO THE TERMS OF THE FOLLOWING AFFILIATE PROGRAM
AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY BEFORE REGISTERING
FOR THE PROGRAM. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE
BOUND BY ALL THE TERMS OF THIS AGREEMENT.
This Affiliate Program Agreement is a legally binding agreement
between you (“Affiliate”, “you,” “your”) and Best-Childcare.org
(“BCC,” “we,” our”).

1. DEFINITIONS
Party or Parties — the Affiliate and/or BCC, as the context so
requires.

Fees — the amount of commission the Affiliate can earn pursuant
to the terms of this Agreement.
Affiliate Link — a text link or a graphic link (banner,
skyscraper and etc.) that contains a unique code to track referrals
generated by the Affiliate.
Credit Card — VISA, AMEX or Master Card.
Customer — the Affiliate’s customer or end-user may have an
interest in purchasing BCC’s software products.

Intellectual Property — Trade marks, copyrights, copyright
registrations and applications, and other proprietary rights,
including without limitation, domain name registrations, site
content, and site design with respect to a Party’s Site(s), and
proprietary technology currently used or which may be developed
and/or used by it in the future.

Program — BCC’s affiliate program pursuant to which the Affiliate
promote and advertise products and services offered by BCC in
return for referral compensation.

Site — a World Wide Web site.

2. GRANT
We grant you a nonexclusive, revocable right to use the Affiliate
Links for which we grant express permission, solely for the purpose
of identifying your site as the Program participant and to assist
in generating BCC sales. You may not modify the Affiliate Links, or
any other of our images, in any way. We reserve all of our rights
in the graphic image and text, any other images, our trade names
and trademarks, and all other intellectual property rights. This
grant shall be immediately revoked upon termination of this
Agreement. BCC may also revoke this grant at any time by giving you
written notice.

3. AFFILIATE APPLICATION
In order to be considered for approval as the Affiliate in the
Program you must complete and submit an affiliate application form.
We will review your application and notify you of our decision to
accept or reject the same, which decision shall be made in our sole
discretion. Our decision will be communicated to you via e-mail. If
your affiliate application is accepted by BCC, you will be able to
participate in the Program subject to the terms and conditions of
this Agreement. By applying for and becoming the Affiliate in the
Program, you agree to be bound by all of the terms and conditions
of this Agreement.

4. AFFILIATE RESPONSIBILITIES

4.1 You agree that you will display on your Site, and otherwise
advertise BCC products and services using the Affiliate Links that
are provided to you by Best-Childcare.org(BCC). You may not alter or modify the graphic
images or ad banners at any time without BCC’s prior written
consent. You agree to promptly implement any request by BCC to
remove, alter, or modify any Affiliate Links. BCC has the right to
remove your Site from the Program if you do not post at least one
Affiliate Link on your Site within 30 days after BCC notifies you
of the approval of your Affiliate Application.
4.2 The Affiliate is solely responsible for the development,
operation and maintenance of its Site and for all materials and
content that appear thereon, notwithstanding the appearance of
marks or other identifying information relating to BCC that appear
thereon. The Affiliate will operate and maintain its Site in
compliance with all applicable laws, rules, regulations and
ordinances and in good working order in accordance with industry
best practices. The Affiliate shall ensure that the materials and
content posted on its Site are accurate and proper, that its Site
is not (a) violate any laws, rules or regulations; (b) violate or
infringe upon the rights of any third party including, without
limitation, copyright, patent trademark, trade secret or other
proprietary rights or right of publicity or privacy; (c) advocate
discrimination based on age, disability, nationality, race,
religion, sex or sexual orientation; (d) be lewd, pornographic,
sexually explicit, or obscene; or (e) contain gambling, spamming,
viruses, Trojan horses, worms, time bombs, cancel bots or contain
other similar harmful or deleterious program routines. BCC
disclaims all liability for the development, operation, maintenance
and content of Affiliate’s Site. BCC reserves the right, in its
sole discretion, to periodically monitor Affiliate’s Site to ensure
Affiliate’s compliance with this Agreement. Any such monitoring by
BCC will not, and shall not be deemed to, constitute a waiver or
any of BCC’s right’s or Advertiser’s obligations hereunder. If BCC
in its sole discretion, concludes that you have violated or
threatened to violate the terms of this Agreement, we may (without
limiting any other rights or remedies available to us) withhold any
referral fees otherwise payable to you under this Agreement and/or
immediately terminate this Agreement.

5. SALES PROCESSING

We process sales of our products and services to customers who
follow your Affiliate Links to our site. We reserve the right to
reject sales that do not comply with any requirements that we may
establish and alter from time to time. We will be responsible for
all aspects of sales processing and fulfillment. Among other
things, we will prepare sales forms, process payments,
cancellations, and returns, and handle customer service. We will
track sales made to customers who purchase BCC products and
services by following Affiliate Links to our site and will make
available to you reports summarizing this sales activity. BCC may
alter the form, content, and frequency of the reports from time to
time without prior notice to you.

6. FEES
6.1. BCC agrees to pay the Affiliate a fee equal to $100.00 for each
referred enrollement of all arrivals from BCC’s products and services
sold in transactions resulting directly from the Affiliate Link less
all taxes, shipping and handling charges, gift wrapping and other
value-added service charges, returns and chargebacks.
6.2. BCC agrees to pay you referral fees on a monthly basis.
Approximately 30 days following the end of each calendar month, we
will pay you referral fees according to the “preferred payment
method” that you select. The payment of referral fees may be
withheld by BCC for a reasonable period of time to ensure that the
correct amount is to be paid after clearing suspicious payments
and/or making any adjustments that may be required, including, but
not limited to, adjustments for returns, refunds or chargebacks.
6.3. The Affiliate may choose any from the following preferred
payment methods:
· Send you a cheque in U.S. Dollars.*
· Issue a credit to your Paypal account.
· Transmit a wire transfer to your bank account.**
· Issue a credit toward your enrollement with BCC.
· A combination of described above methods.
*cheques are paid for commission totaling 50 USD and more.

6.4. If the fees payable to you for any calendar month are less
than $50, we will hold payment until the total amount due is at
least $50 or (if earlier) until this Agreement is terminated. If a
sale that generated a referral fee is returned by the customer
(e.g. if the customer initiates a chargeback or receives a refund),
we will deduct the corresponding referral fee from your account
balance. You may have a negative balance if your account is debited
in this way, and you do not have an adequate account balance to
cover these debits. Upon BCC request you must immediately remit a
payment to BCC in an amount sufficient to bring your account to a
zero balance. You may make payments hereunder via check, wire
transfer, or certain credit cards over the Web.

7. PERSONAL INFORMATION
You hereby certify to BCC that you are not a minor (i.e. if you are
an individual, you represent and warrant that you were at least 18
years of age on the effective date of this Agreement). For purposes
of identification, payment, billing and marketing, you must provide
BCC with accurate, complete, and updated information required by
the Program, including a valid email address and all applicable
payment data (e.g. a mailing address, bank account and/or credit
card number and expiration date, depending upon your choice of
“preferred payment method”). BCC may require a copy of your
identification before making changes to the payment information or
registration data on the Affiliate account. If BCC determines that
any information provided by Affiliate is not true and complete BCC
may immediately terminate Affiliate’s participation under this
Agreement.

8. REPRESENTATIONS AND WARRANTIES
(This clause is not applicable to Affiliates who are natural
persons as opposed to corporations or other legal entities)

BCC and Affiliate each represent and warrant to each other that
throughout the term of this Agreement: (a) It is duly organized,
validly existing and in good standing; (b) It has the full right,
power and authority to enter into and perform this Agreement; (c)
This Agreement has been duly authorized, executed and delivered and
constitutes a legal, valid and binding obligation of such Party,
enforceable against such Party in accordance with its terms, except
as such enforcement may be limited by bankruptcy, insolvency,
receivership, reorganization or other similar laws affecting the
enforcement of creditors’ rights generally and by general
principles of equity; (d) No consent, approval or authorization
from any third party is required in connection with the execution,
delivery and performance of this Agreement, except such as have
been obtained are in full force and effect; and (e) The execution,
delivery and performance of this Agreement by such Party will not
constitute a violation of any law, rule, regulation court order or
ruling applicable to such Party.

9. WARRANTY DISCLAIMER
BCC MAKES NO WARRANTIES, REPRESENTATIONS, GUARANTEES, OR CONDITIONS
WITH REGARD TO THE PRODUCTS SOLD ON BCC WEB SITE OR THE OPERATION
AND MAINTENANCE OF BCC WEB SITE, WHETHER EXPRESS OR IMPLIED,
ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM
COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. IN
PARTICULAR, BCC MAKES NO REPRESENTATION THAT THE OPERATION OF BCC
WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. LIMITATION OF DAMAGES
BCC WILL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR
PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE
AFFILIATE PROGRAM, EVEN IF BCC WAS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. FURTHER, BCC’S AGGREGATE LIABILITY ARISING UNDER OR
WITH RESPECT TO THIS AGREEMENT OR THE AFFILIATE PROGRAM WILL IN NO
EVENT EXCEED THE TOTAL FEES PAID OR PAYABLE BY BCC TO THE AFFILIATE
UNDER THIS AGREEMENT DURING THE PROCEEDING 12 MONTH PERIOD PRIOR TO
THE DATE SUCH LIABILITY AROSE.

11. INDEMNIFICATION
The Affiliate will indemnify, defend and hold harmless BCC and its
officers, employees against and from all Losses that result or
arise from (a) the development, operation, maintenance or content
of Affiliate’s Site; (b) Affiliate’s breach of any representation,
warranty, covenant or agreement made by Affiliate herein; (c)
Affiliate’s failure to comply with applicable law; or (d) any
actual or alleged wrongful act of the Affiliate.

12. TERMINATION
Either Party may terminate this Agreement at any time, with or
without cause, by giving the other party written notice of
termination. Upon the termination of this Agreement for any reason,
you will immediately cease use of, and remove from your site, all
Affiliate Links, and all BCC’s trademarks, trade dress, and logos,
and all other materials provided by or on behalf of us to you
pursuant hereto or in connection with the Program. You are eligible
to earn the fees only on our sales that occur during force of the
Agreement, and the fees earned through the date of termination will
remain payable only if the related sales are not canceled or
returned. Upon termination of this Agreement for any reason, the
obligations of Sections 2,4,8,9,10 and 11 shall survive the
termination of this Agreement.

13. MISCELLANEOUS
13.1 Independent Contractors. BCC and Affiliate are independent
contractors and nothing in this Agreement is intended to or
will create any form of partnership, joint venture, agency,
franchise, sales representative, or employment relationship.
13.2 Severability. The terms and conditions of this Agreement are
severable. If any term or condition of this Agreement is
deemed illegal or unenforceable under any rule of law, all
other terms will remain in force. Further, the term or
condition held to be illegal or unenforceable will remain in
effect as far as possible in accordance with the intention of
the Parties.
13.3 Modification. BCC may modify any of the terms and conditions
contained in this Agreement, or change or modify the terms of
payment procedures at any time within its sole discretion. BCC
will provide notice of such change to the Affiliate via e-
mail, and the Affiliate’s sole recourse if it finds such
change unacceptable is to terminate this Agreement.
Affiliate’s continued participation in the Program following
BCC’s sending of such e-mail will constitute Affiliate’s
agreement to the modification or change.
13.4 Taxes. The Parties will indemnify and hold each other
harmless from all local, state and federal taxes or similar
assessments or charges (including any interest or penalties
imposed thereon) arising out of or related to this Agreement,
for which such indemnifying Party is primarily responsible and
to which the other Party would not be subject but for the
performance of this Agreement, other than taxes based on the
net income of such Party.
13.5 Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the Province of Ont
ario and the federal laws of Canada applicable therein and
each of the parties hereto agrees irrevocably to conform to
the non-exclusive jurisdiction of the Courts of such Province.
The Parties agree that the foregoing shall preclude the
jurisdiction and application of any other forum and law.
13.6 Assignment. The Affiliate may not assign any of its rights or
delegate any of its obligations under this Agreement, by operation
of law or otherwise, without BCC’s prior written consent. Subject
to that restriction, this Agreement will be binding on, inure to
the benefit of, and enforceable against the parties and their
respective successors and assigns.
13.7 Waiver. BCC’s failure to enforce strict performance of any
provision of this Agreement will not constitute a waiver of its
right to subsequently enforce such provision or any other provision
of this Agreement.

14. ENTIRE AGREEMENT
This Agreement represents the complete agreement and understanding
between the Parties and supersedes any other oral or written
communications or understandings between the Parties regarding the
subject matter hereof. No amendment or modification to this
Agreement will be binding upon BCC unless agreed to by an
authorized representative of Best-Childcare.org.


For more information on current topic you can also visit the following sources:

Affiliate Agreement
Affiliate Agreement
Best Childcare


Contact Us

Contact Us

267-225-6575

fivegsdaycare[at]yahoo.com

Five Golden Stars Day Care
239 Highland Ave.
Penndel, PA 19047

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