Storytime Affiliate Terms of Program

STORYTIME AFFILIATE PROGRAM AGREEMENT

This Agreement (“Agreement”) is made between and among REBECCA LANE (the “Owner”), owner of LITTLE ROUND SCHOOLHOUSE, hereafter referred to as “the Company or “the Owner,” and You, hereafter referred to as the “Affiliate.” These are the terms and conditions for joining our Affiliate Program. The terms of this agreement are subject to change without prior notice, but we will try to notify you of such changes in advance.

THEREFORE, the Owner and the Affiliate agree as follows: 

1. TERMS OF PROGRAM.  
1. The name of this affiliate program is the LITTLE ROUND SCHOOLHOUSE Affiliate Program (the “Affiliate Program”).  This Affiliate Program is for STORYTIME IN THE SCHOOLHOUSE only and not any other services or programs available through the Owner. 
2. For purposes of this Agreement, the term “Affiliate” refers to the individual or legal entity who applies for and is accepted into the Affiliate Program. The term “Owner” refers to the sponsor of the Affiliate Program. The term “the Owner’s Website” refers to the website that the Owner maintains at WWW.LITTLEROUNDSCHOOLHOUSE.COM. 
3. The Owner reserves the right to approve or reject any Affiliate Program request in its sole and absolute discretion. The Affiliate will have no legal recourse against the Owner for the rejection.
4. Even after the Owner has accepted the Affiliate as an Affiliate Program member, the Owner reserves the absolute right to rescind or terminate the Affiliate status for any reason in its sole and absolute discretion.  Should the  Affiliate be terminated, they will be informed in writing and provided with a final payout of any commissions due within seven (7) business days (after the 30-day refund period has passed).
5. The Owner makes no representations and warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from the Affiliate status.

1. MARKETING TERMS
1. The Affiliate will be fully responsible for all costs and expenses marketing the Affiliate Program, including but not limited to all costs associated with the creation of marketing materials, costs of sharing the Owner’s links, offline marketing costs, postage costs, and all other costs and expenses, and the Affiliate hereby holds the Owner harmless from or against the same.
2. As a Program Affiliate, the Affiliate will have the obligation to share links with its audience, directing users to the Owner’s site, including but not limited to the Affiliate’s website or email marketing. 
3. As a Program Affiliate, the Affiliate is given a limited-term license, during the term of the Affiliate’s active participation as a Program Affiliate, to utilize the Owner’s logo images provided to the Affiliate on the website that the Affiliate designates.
4. The Affiliate will only be permitted to use the website or marketing channels that the Owner approves and/or provides to the Affiliate. Any additional websites or entities will require additional approval by the Owner.
5. The Affiliate consents to the Owner monitoring the Affiliate’s website to determine continued compliance with this Agreement.

1. COMPENSATION
1. A 50% commission will be paid to the Affiliate based upon sales made to users who access the Owner’s site through the Affiliate’s Share Links. 
2. Commissions will be calculated based upon the gross sales price.  Commissions will not be calculated based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. 
3. The Owner will hold commissions until the 30-day refund period has passed.
4. Commissions will be paid to the Affiliate by the seventh (7th) business day after the payment or sale was made. The Owner does not guarantee an exact date of calculation of commissions or payments. 
5. All payments will be made via bank check mailed to the address provided to the Owner. 

1. TERM AND TERMINATION. The effectiveness hereof and binding effect shall occur upon acceptance of this Agreement. This Agreement shall remain in effect for one year, with the option to be renewed annually. During that time, either the Owner or the Affiliate may terminate this Agreement, with or without cause, by giving the other party written notice of termination in compliance with this Agreement. Notices sent hereunder shall be via Email to the Affiliate at the Email address provided and any and all notices to the Affiliate via Email at such address shall be deemed to be effective notice to the Affiliate for all purposes.

1. INTELLECTUAL PROPERTY. The Affiliate will have a non-exclusive, limited-term license to use the trademarks, logos, and copyrighted material that the Owner provided to the Affiliate for use solely for marketing purposes.   The Owner grants to the Affiliate a non-exclusive right and license to use the Owner’s trademarks, trade names, service marks, business names, web page titles, slogans, logos, and copyrighted materials for the purposes of promoting, advertising, announcing, or marketing the Affiliate participation in the Owner Affiliate Program. 

1. CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions or otherwise. 

1. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Affiliate nor any of Affiliate’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Owner or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

1. REPRESENTATIONS AND WARRANTIES. The Affiliate hereby represents and warrants to the Owner to have the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable agreement. The entry of this Agreement has been duly and validly authorized by all necessary corporate or other organizational actions and approvals. The Affiliate’s entry of this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule or regulations, and is not in violation of any court or administrative order.

1. RELATIONSHIP OF THE PARTIES. Nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, in a joint venture, shareholders, employer/employee, agent/servant. The Affiliate has no power or authority to bind the Owner to any obligation, agreement, debt or liability. The Affiliate shall not hold itself out as an agent or representative of the Owner.

1. INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, or b) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its contractors. 

1. DISPUTE RESOLUTION.  If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in RALEIGH, NC or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

1. GOVERNING LAW.  This Agreement shall be governed by and construed in accordance with the laws of the State of NORTH CAROLINA within the USA, regardless of the conflict of laws or principles thereof. 

1. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Owner and the Affiliate. 

By signing up and being approved for the Program, you are agreeing to the terms set forth in this Affiliate Program Agreement.