MrBagg.com - Affiliate Program

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Terms & Conditions Agreement

To be an authorized affiliate of MrBagg.com, you must agree to abide by the terms and conditions contained in this agreement.

Please read this agreement carefully before registering as an affiliate of MrBagg.com. By signing up for the MrBagg.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions.

AFFILIATE TERMS AND CONDITIONS

This Affiliate Agreement is made between MR.BAGG, and the affiliate identified in the Affiliate Sign-up Form (the "Affiliate").  The purpose of this Agreement is to license the Affiliate to advertise the MR.BAGG websites and to earn commission on products purchased from MR.BAGG by visitors to the Affiliate's website who are referred to the MR.BAGG website (the "Visitors").  In consideration of the foregoing, MR.BAGG and the Affiliate agree as follows:

1. BY FILLING OUT THE MR.BAGG AFFILIATE SIGN-UP FORM AND CLICKING ON THE "AGREE AND SUBMIT" BUTTON AT THE END OF THE FORM, THE AFFILIATE ACKNOWLEDGES THAT THE AFFILIATE HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

2. Definitions
"Website" means a domain or portion of a domain within the internet.

"Cookie" means a small file stored on MR.BAGG's computer by the web browser of a Visitor or Affiliate using MR.BAGG's Website that can be used to identify them should they visit the Website again.

"Link" means an Internet connection to another Website from a Website owned or operated by the Affiliate.

"Product" means any product advertised on the MR.BAGG Website from time to time.

3. Term.  
This Agreement will commence when the Affiliate indicates acceptance of this Agreement by clicking on the "Agree and Submit" button on the MR.BAGG Website and will remain in effect until terminated in accordance with the terms of this Agreement.

4. Affiliate's Website. 
The Affiliate will not

a. operate or use a Website or Link that:

i. contains or promotes any content that is misleading, libelous, defamatory, obscene, hateful, violent, illegal, or discriminatory;

ii. offers any illegal good or service or Links to a Website that does so; or

iii. violates intellectual property rights;

b. engage in spamming, indiscriminate advertising or unsolicited emails; or 
	
c. place links to its Website in newsgroups, message boards, chatrooms or similar Internet resources (collectively, the "Prohibited Activities").

5. Termination. 
a. This Agreement may be terminated upon thirty days notice by either party.

b. MR.BAGG may terminate this Agreement without notice if:

i. the Affiliate engages in Prohibited Activities;

ii. the Affiliate breaches any material term or condition of this Agreement;

iii. the Affiliate causes or enables any transactions to be done that are not in good faith;

iv. the Affiliate establishes or causes to be established any promotion that provides any rewards, points or compensation to purchasers for transactions; or

v. the Affiliate seeks any compensation for transactions other than the commission payable by MR.BAGG.

c. Should any third party dispute a party's right to use any Link, domain name, trademark, or right to offer any service or product offered on a party's Website, a party may, without prior notice, terminate this Agreement.

6. Affiliate Advertising.  
a. The Affiliate will acknowledge that the Products are provided by MR.BAGG in all advertising of the Products.

b. The Affiliate will not advertise the Products in conjunction with Prohibited Activities or in any manner that is potentially damaging to the reputation or goodwill of MR.BAGG or its Products.

c. The Affiliate may advertise the Products as follows:

i. on the Affiliate's Website or email using graphic and text links; or

ii. in classified ads, magazines and newspapers using hard copy provided that all such graphic and text links, hard copy or other advertising material must be

i.. the content, banners and images provided by MR.BAGG specifically for Affiliates' use on MR.BAGG's Affiliate web page; or

ii.. created by the Affiliate and approved in writing by MR.BAGG.com.

7. Affiliate Tracking.  
The Affiliate acknowledges and agrees that:

a. when a Visitor clicks through the Affiliate's Link to MR.BAGG,

i. a Cookie is set in the Visitor's browser that contains the Affiliate's MR.BAGG user ID; and

ii. the Visitor's IP address is tracked in the database along with the Affiliate's user ID in order to identify the Affiliate who will be awarded the commission;

b. if a Visitor later purchases a Product directly from MR.BAGG without using the Link, during the term of this Agreement, and if the Cookie is still present in the Visitor's browser and the Visitor is using the same IP address, then the Affiliate will be awarded commission; and

c. MR.BAGG will not be responsible for incorrect Links to MR.BAGG that could affect the Affiliate receiving proper credit for payment.

8. No Warranty.   
a. MR.BAGG makes no express or implied warranties

i. with respect to the Products or the availability of the Products; or
 			
ii. that operation of its Website will be uninterrupted or error-free.

b. The Affiliate will not make any warranty, representation or other statement concerning the Products without the express consent of MR.BAGG.

9. Payment.  
a. The rate of commission payable to the Affiliate by MR.BAGG for a transaction will be the rate posted on MR.BAGG's Website at the time a Visitor places an order for Product(s).

b. If Visitors return Products to MR.BAGG, then

i. no commission will be payable to the Affiliate for that transaction;

ii. any commission already paid to the Affiliate for the returned Product

A. must be repaid to MR.BAGG by the Affiliate; or

B. MR.BAGG may at its option deduct such commission from its future payments to the Affiliate.

c. MR.BAGG will forward to the Affiliate all commission balances greater than $100 US on the 15th day of each month for the previous month's sales.  Any balance under $100 US will be carried forward to the following month.

d. MR.BAGG may hold commission cheques for an additional 60 days if it suspects fraud on the sale or by the Affiliate.

e. MR.BAGG will not pay commission to the Affiliate for any order placed by a Visitor after this Agreement terminates.

f. MR.BAGG will forward the commission by mail to the address posted in the Affiliate Sign-Up Form or such other address as the Affiliate from 	time to time provides.

10. Proprietary Rights.  
a. MR.BAGG grants to the Affiliate a limited, nonexclusive, royalty-free license to use, reproduce and display the trademarks and logos owned or licensed by MR.BAGG (the "Trademarks") for the sole purpose of advertising the Products for sale and only during the term of this Agreement.

b. The Affiliate's use of the Trademarks will not create any right, title or interest therein, and all intellectual property rights of MR.BAGG in its Trademarks, Website and Products will remain the sole property of MR.BAGG and no part thereof will be deemed to be assigned or licensed to the Affiliate except as explicitly provided herein.

c. The Affiliate will not contest the validity of any of the intellectual property rights of MR.BAGG, or MR.BAGG's exclusive ownership of them.

d. The Affiliate will not adopt, use or register, whether as a corporate name, trademark, service mark or other indication of origin, any of the Trademarks, or any word or mark confusingly similar to the Trademarks in any jurisdiction.

e. MR.BAGG will have the exclusive right to own, use, hold, apply for registration for, and register, trademarks during the term of, and after the expiration or termination of, this Agreement; the Affiliate will neither take nor authorize any activity inconsistent with such exclusive right.

f. Visitor data is the property of MR.BAGG.

11. Limitation of Liability. 
a. IN NO EVENT WILL MR.BAGG BE LIABLE TO THE  AFFILATE OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR AS A RESULT OF THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT, PRODUCT LIAIBLITY, OR OTHERWISE, AND WHETHER OR NOT MR.BAGG HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE.

b. In any event, the liability of MR.BAGG with respect to this Agreement will not exceed the total commission paid or payable to the Affiliate.

12. Indemnities. 
The Affiliate will indemnify and hold harmless MR.BAGG from any and all claims, damages or lawsuits, including reasonable legal costs, arising out of the negligence, breach of contract, violation of intellectual property rights or illegal activities of the Affiliate, its employees or its agents.

13. Participation. 
MR.BAGG may in its sole discretion ban an Affiliate from participation in this program, effective immediately upon MR.BAGG providing notice to the Affiliate of such ban.

14. Relationship.  
MR.BAGG and the Affiliate are independent contractors.  There is no relationship of partnership, joint venture, employment, franchise or agency between the parties.  Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent.

15. Personal Information.   
a. The Affiliate hereby authorizes MR.BAGG to collect, use, retain and disclose personal information about the Affiliate for the purposes of this Agreement, or for a use consistent with that purpose, or as required by law or other governmental authority, in accordance with MR.BAGG's privacy policy.

b. The Affiliate may direct inquiries to MR.BAGG's Privacy Officer Contact if the Affiliate believes that personal information is being used for a purpose other than that intended, or to review any of the Affiliate's personal information collected by MR.BAGG.

c. MR.BAGG will not disclose the Affiliate's personal information to others except as authorized by applicable privacy legislation.

d. The Affiliate's personal information will be retained for one year after the expiration of this Agreement, to allow the Affiliate a reasonable opportunity to access it.

e. The Affiliate will not collect, use, disclose or retain personal information about Visitors referred to MR.BAGG, except to the extent necessary to track commissions, and then only with the consent of the Visitor.

16. Applicable Law.  
This Agreement is governed by and will be construed in accordance with the laws in force in the Province of British Columbia, Canada.  The courts of British Columbia will have jurisdiction over all claims, disputes, and actions related to this Agreement, and the Parties attorn to the jurisdiction of those courts.

17. Compliance with Laws.  
The Affiliate agrees to comply with all applicable laws, rules and regulations in connection with its activities under this Agreement.

18. Dispute Resolution.  
All disputes arising out of or in connection with this Agreement will be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Center, pursuant to its Rules of Procedure, and the place of arbitration will be Victoria, British Columbia, Canada.

19. Severability.  
If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force.

20. Waiver.  
No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights.

21. Entire Agreement.  
This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings regarding such subject matter.

22. Authority.  
The Affiliate represents and warrants that the person or entity entering this Agreement is authorized and competent to do so.

23. No representation or warranty of MR.BAGG induced the Affiliate to enter this Agreement.

24. Modification.  
MR.BAGG may modify this Agreement at any time and in its sole discretion by posting a change notice or a new agreement on its Website.

25. Assignment.  
The Affiliate may not assign its rights under this Agreement without the prior written consent of MR.BAGG.

26. Notices. Notices relating to this Agreement will be sent:
a. for MR.BAGG, to the email address from time to time posted on its Website;

b. for the Affiliate, to the email address listed on the Sign-Up Form and notices will be effective upon sending as long as the other party does not receive an error message regarding delivery.

I have read, understand and agree to the above terms and conditions.

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