|Conversion action||Online purchase with processed valid payment|
|Cookie days||100 day(s)|
|Commission type||Percent of Sale|
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND K & P Enterprises, LLC. (DBA WWW.52HIKECHALLENGE.COM)
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE
LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in 52HikeChallenge.com's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the 52HikeChallenge.com web site. Please note that throughout this Agreement, "we," "us," and "our" refer to 52HikeChallenge.com, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online
application at the refersion.com. An approved applications does not imply that
we may not re-evaluate your application at a later time. We may reject your
application at our sole discretion. We may cancel your application if we
determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe
on any copyright, trademark or other intellectual property rights or to violate
2.1.6. Includes "52 Hike Challenge" or variations or misspellings
thereof in its domain name (i.e. you are not allowed to use 52HikeChallenge.com
or variations in your domain)
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory,
obscene, harassing, or racially, ethnically or otherwise objectionable to us in
our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission
from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you
operate, explicitly or implied in a manner which resembles our website nor
design your website in a manner which leads customers to believe you are 52HikeChallenge.com
or any other affiliated business.
2.1.10. You may not take out ads or bid on keywords that resemble 52 Hike Challenge or on behalf of 52 Hike Challenge. Example of keywords which are forbidden include: "52 Hikes," "52 Hike Challenge," "52 Challenge," "52 week hike challenge," etc. THis applies for all search engines, such as Yahoo, Google, Bing, etc.
2.2. As a member of 52HikeChallenge.com's Affiliate Program, you will have access to
Refersion.com. Here you will be able to review our Program’s details download
HTML code (that provides your referral link to the 52HikeChallenge.com web
site) and banner creatives, browse and get tracking codes for our coupons and
deals. In order for us to accurately keep track of all guest visits from your
site to ours, you must use the HTML code that we provide for each banner, text
link, or other affiliate link we provide you with.
2.3. 52HikeChallenge.com reserves the right, at any time, to review your placement
and approve the use of Your Links and require that you change the placement or
use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We
may monitor your site as we feel necessary to make sure that it is up-to-date
and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual
property and other laws that pertain to your site. You must have express
permission to use any person's copyrighted material, whether it be a writing, an
image, or any other copyrightable work. We will not be responsible (and you
will be solely responsible) if you use another person's copyrighted material or
other intellectual property in violation of the law or any third party rights.
3. 52HikeChallenge.com Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are
following the terms and conditions of this Agreement. We may notify you of any
changes to your site that we feel should be made, or to make sure that your
links to our web site are appropriate and to notify further you of any changes
that we feel should be made. If you do not make the changes to your site that
we feel are necessary, we reserve the right to terminate your participation in
the 52HikeChallenge.com Affiliate Program.
3.2. 52hikechallenge.com reserves the right to terminate this Agreement and your
participation in the 52hikechallenge.com Affiliate Program immediately and
without notice to you should you commit fraud in your use of the 52hikechallenge.com
Affiliate Program or should you abuse this program in any way. If such fraud or
abuse is detected, 52hikechallenge.com shall not be liable to you for any
commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application,
and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving
the other party written notice. Written notice can be in the form of mail,
email or fax. In addition, this Agreement will terminate immediately upon any
breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our
sole discretion. In such event, you will be notified by email. Modifications
may include, but are not limited to, changes in the payment procedures and 52HikeChallenge.com’s
Affiliate Program rules. If any modification is unacceptable to you, your only
option is to end this Agreement. Your continued participation in 52HikeChallenge.com’s
Affiliate Program following the posting of the change notice or new Agreement
on our site will indicate your agreement to the changes.
52hikechallenge.com uses a third party to handle all of the tracking and payment. The third party
is the Refersion. Kindly review the network’s payment terms and conditions.
7. Access to Affiliate Account Interface (Refersion)
You will create a password so that you may enter Refersion’s secure affiliate
account interface. From their site you will be able to receive your reports
that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that
mentions 52hikechallenge.com could be perceived by the public or the press as a
joint effort. You should know that certain forms of advertising are always
prohibited by 52HikeChallenge.com. For example, advertising commonly referred
to as "spamming" is unacceptable to us and could cause damage to our
name. Other generally prohibited forms of advertising include the use of
unsolicited commercial email (UCE), postings to non-commercial newsgroups and
cross-posting to multiple newsgroups at once. In addition, you may not
advertise in any way that effectively conceals or misrepresents your identity,
your domain name, or your return email address. You may use mailings to
customers to promote 52HikeChallenge.com so long as the recipient is already a
customer or subscriber of your services or web site, and recipients have the
option to remove themselves from future mailings. Also, you may post to
newsgroups to promote 52hikechallenge.com so long as the news group
specifically welcomes commercial messages. At all times, you must clearly
represent yourself and your web sites as independent from 52HikeChallenge.com.
If it comes to our attention that you are spamming, we will consider that cause
for immediate termination of this Agreement and your participation in the 52hikechallenge.com
Affiliate Program. Any pending balances owed to you will not be paid if your
account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click
campaigns on keywords such as 52HikeChallenge.com, 52 Hike Challenge, www.52hikechallenge,
www.52HikeChallenge.com, and/or any misspellings or similar alterations of
these – be it separately or in combination with other keywords – and do not
direct the traffic from such campaigns to their own website prior to
re-directing it to ours, will be considered trademark violators, and will be
banned from Merchant’s Affiliate Program. We will do everything possible to
contact the affiliate prior to the ban. However, we reserve the right to expel
any trademark violator from our affiliate program without prior notice, and on
the first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s information into the
lead form as long as the prospects’ information is real and true, and these are
valid leads (i.e. sincerely interested in 52 Hike Challenge’s service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,”
“Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar
Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or
pop-unders” to consumers from the time the consumer clicks on a qualifying link
until such time as the consumer has fully exited Merchant’s site (i.e., no page
from our site or any 52HikeChallenge.com’s content or branding is visible on
the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic
Marketing” shall mean an application that (a) through accidental or direct
intent causes the overwriting of affiliate and non affiliate commission
tracking cookies through any other means than a customer initiated click on a
qualifying link on a web page or email; (b) intercepts searches to redirect
traffic through an installed software, thereby causing, pop ups, commission
tracking cookies to be put in place or other commission tracking cookies to be
overwritten where a user would under normal circumstances have arrived at the
same destination through the results given by the search (search engines being,
but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar
search or directory engines); (c) set commission tracking cookies through
loading of Merchant site in IFrames, hidden links and automatic pop ups that
open 52HikeChallenge.com’s site; (d) targets text on web sites, other than
those web sites 100% owned by the application owner, for the purpose of
contextual marketing; (e) removes, replaces or blocks the visibility of
Affiliate banners with any other banners, other than those that are on web
sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i)
access our site through HTML links solely in accordance with the terms of this
Agreement and (ii) solely in connection with such links, to use our logos,
trade names, trademarks, and similar identifying material (collectively, the
"Licensed Materials") that we provide to you or authorize for such
purpose. You are only entitled to use the Licensed Materials to the extent that
you are a member in good standing of 52HikeChallenge.com’s Affiliate Program.
You agree that all uses of the Licensed Materials will be on behalf of 52hikechallenge.com
and the good will associated therewith will inure to the sole benefit of 52HikeChallenge.com.
9.2. Each party agrees not to use the other's proprietary materials in any manner
that is disparaging, misleading, obscene or that otherwise portrays the party
in a negative light. Each party reserves all of its respective rights in the
proprietary materials covered by this license. Other than the license granted
in this Agreement, each party retains all right, title, and interest to its
respective rights and no right, title, or interest is transferred to the other.
52HIKECHALLENGE.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING 52HIKECHALLENGE.COM
SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED
WARRANTIES OF 52HIKECHALLENGE.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE
MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR
ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and
constitutes your legal, valid, and binding obligation, enforceable against you
in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the
terms and conditions of this Agreement and to perform your obligations under
this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to
us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT
UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR
EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL
OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL 52HIKECHALLENGE.COM'S CUMULATIVE
LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN
CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE
THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless 52HikeChallenge.com, 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.
All confidential information, including, but not limited to, any business, technical,
financial, and customer information, disclosed by one party to the other during
negotiation or the effective term of this Agreement which is marked
"Confidential," will remain the sole property of the disclosing
party, and each party will keep in confidence and not use or disclose such
proprietary information of the other party without express written permission
of the disclosing party.
15.1. You agree that you are an independent contractor, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between you and 52HikeChallenge.com.
You will have no authority to make or accept any offers or representations on
our behalf. You will not make any statement, whether on Your Site or any other
of Your Site or otherwise, that reasonably would contradict anything in this
15.2. Neither party may assign its rights or obligations under this Agreement to any
party, except to a party who obtains all or substantially all of the business
or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of New York without regard to the conflicts of laws and principles
15.4. You may not amend or waive any provision of this Agreement unless in writing
and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall
supersede all prior agreements and communications of the parties, oral or
15.6. The headings and titles contained in this Agreement are included for
convenience only, and shall not limit or otherwise affect the terms of this
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that
provision shall be eliminated or limited to the minimum extent necessary such
that the intent of the parties is effectuated, and the remainder of this
agreement shall have full force and effect.
COLLECTION OF PERSONAL DATA
In order for you to access certain components of the Website or to purchase products or services that we offer via the Website, we require you to provide us with certain information that personally identifies you (personally identifiable information), including the following categories of information: (1) Contact Data (such as your name, mailing address, and email address); (2) Financial Data (such as your account or credit or debit card number); and (3) Demographic Data (such as your zip code).
PROCESSING AND USE OF PERSONAL DATA
We use your Personal Data for the following purposes:
• to send you information about our Company or our products or services
• to send you information for marketing purposes based on your consent to receive such information
• to verify your qualifications for certain products or services
• to process your transactions and setup your online account
• to provide the ability to contact you and provide you with shipping and billing information
• to customize and tailor your experience on the Website by displaying content that we think you might be interested in and according to your preferences
• to compile aggregated statistics about Website usage to better understand your preferences
• to conduct research and development to improve our products and services
• to provide customer feedback and support
• to manage system administration and security
• to operate, optimize, and maintain our Website
• to enforce compliance with our Terms of Service
• to fulfill your contractual obligations with us, comply with legal obligations, or carry out other legitimate businesses interests
If you do not wish for us to continue using your Personal Data in any manner described above, you can make such request by contacting us at 52hikechallenge.com.
SHARING OF PERSONAL DATA
If you do not want us to share your Personal Data with any third parties, please email us your request to [email protected], but please understand that such a request will likely limit your ability to take advantage of all of the features and services we offer on the Website.
CHOICE REGARDING COLLECTION, USE, AND DISTRIBUTION OF PERSONAL DATA
You can choose whether to provide Personal Data to us, but note that you may be unable to access certain options, offers, and services if they require Personal Data that you have not provided. You can sign-up, and therefore consent, to receive email or newsletter communications from us. If you would like to discontinue receiving these communications, you can update your preferences by emailing us at [email protected] If we are processing your Personal Data based on your consent, you have the right to withdraw your consent at any time by emailing such request to [email protected] Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data.
RIGHTS AND ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL DATA
You have certain rights with respect to your Personal Data. At any time, you may (a) review, access, correct, update, or request deletion of your Personal Data; (b) choose whether or not you wish us to send you information about our Company, or promotional material from our partners; (c) choose whether or not you wish for us to share your Personal Data with third parties; or (d) withdraw your consent if we are processing your Personal Data based on your consent, all by emailing such request to [email protected]
THIRD PARTY WEBSITES
The Website may contain links to other websites. We are not responsible for the privacy practices or the content of such websites. We may also make available features on the Website for you to post comments on that may be viewed by another user of the Website. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Data.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. We do not track users over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track signals.