Enrollment in the program 

You may enroll by submitting a unmodified copy of this agreement or its electronic equivalent on the BuyMyAffection.com site. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program.

Before your application is approved, you must build and deploy a software module (“Integration System”) that complies with the API published at http://BuyMyAffection.com/about/api/ , and demonstrate its function to our satisfaction.

Upon acceptance of your application, we will provide you with guidelines and graphical artwork to use in linking to the BuyMyAffection.com site. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the BuyMyAffection.com site (“Special Links”).  

You acknowledge that, by participating in the Program and placing any Special Links within your site, we may receive information from or about visitors to your site. Your participation in the Program constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in the Privacy Policy on the BuyMyAffection.com site. We will only disclose or use such information as is necessary to provide the Service and for no other purpose.

You acknowledge and agree that you will: (a) use any data, images, text, or other information obtained by you from us or the BuyMyAffection.com site in connection with this Agreement ("Content") only in accordance with the terms of this Agreement and our Trademark License; (b) not modify or alter any Content that consists of a graphic image, other than to resize it; (c) not edit any Content that consists of text; (d) promptly delete any Content that is no longer displayed on the BuyMyAffection.com site or that we notify you is no longer available for your use. 

Referral fees

We will pay you a referral fee of USD$5.00 per gift order on the Service when all the following conditions are met: 

1. the gift purchaser clicks-through to the Service via a link on your site, and completes a purchase in the same session 

2. the gift recipient is a user on your site 

3. you have provided a postal or email address for the recipient via the Integration System 

4. the gift purchaser has provided payment for the gift that is not later repudiated 

5. sixty (60) days have passed since the purchase date 

Referral fees will be paid a monthly basis or, if the sum of referral fees are less than $100 in a given month, deferred until either the amount owing is greater than USD $100 or one year has passed since the last payment of referral fees. Purchaser payments that are repudiated after their referral fee is paid will be deducted from later referral fees.

Conditions 

You acknowledge and agree that we may monitor your site for the purpose of ensuring the quality and reliability of the Integration System, and proper formatting of Special Links. Therefore, you agree that we may take such actions, that you will not seek to interfere with such monitoring, and that we may use technical means to overcome any methods used to interfere with such monitoring. 

You may not (a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (b) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the BuyMyAffection.com site; (c) make any orders or subscription requests, or engage in other transactions of any kind on the BuyMyAffection.com site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (d) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (including browsing and ordering products) are occurring; (e) attempt to intercept or re-direct (including, without limitation, via user-installed software) traffic from or on, or divert referral fees from, any web site that participates in the Program. 

Non-disclosure

Confidential information of any nature that either party acquires regarding any aspect of the other party's business will be treated in strict confidence. Information so obtained will not be divulged or made accessible to third parties without the written permission of the other party to this agreement. Both parties retain the right to do business with third parties in matters that may be competitive with the interests of the other party to this Agreement. However, the confidentiality obligations in this section will be binding and have precedence over these business matters. 

In particular, we will not disclose any private or confidential information obtained under this agreement, including but not limited to, the details of (or fact of) any person's gift purchase for another, gift recipient or purchaser personal information, and your performance information, except as aggregated data in which information about your and your clientele is not identifiable. 

If either party to this agreement is required by a court or law enforcement agency of competent jurisdiction to disclose confidential information covered by this agreement, the affected party will provide written documentation of the notice to the other party. Both parties agree to cooperate in defense of the confidentiality of information covered by this agreement.

You acknowledge that protecting the privacy of client address information is critical to our business. Damages caused by material violations of these non-disclosure terms by you will valued at not less than one million Canadian dollars. 

The parties agree this Section will survive any termination or expiration of this Agreement for a period of two years. 

 

Termination. This agreement may be terminated by either party, for any reason in its sole discretion. Referral fees accumulated to the date of termination will be payable by us as above.  Acceptable forms of notice of termination are email, fax, or postal mail. The party receiving notice of termination will acknowledge such receipt to the terminating party.

Upon termination of this agreement, you must without unreasonable delay remove links to the Service and cease usage of all of our trademarks licensed under this agreement. The penalty for non-compliance with this clause is USD $500 per day of unreasonable delay, payable immediately.

Warranty and disclaimer of liability. You  will indemnify, hold harmless, and at our request, defend us, our officers, directors, agents and employees, against all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and cost of suit arising out of or in any way connected with these Terms and Conditions, including, without limitation, your breach of any representation, warranty, or obligation contained in these Terms and Conditions.

You agree that use of our Service is at your sole risk. Neither we nor any of our underlying service providers, licensors, employees, or agents warrant that the Service will be uninterrupted, error-free or completely secure; nor do we or any of our underlying service providers, licensors, employees, or agents make any warranty as to the results to be obtained from use of our Service nor any services provided by any other company.

Neither BuyMyAffection nor any of its underlying service providers, licensors, employees, or agents will have any liability for incidental, consequential, indirect, special damages, lost revenue or lost profits suffered by you or any other party as a result of the operation or malfunction of the Service, regardless of whether or not we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in this agreement our maximum aggregate liability for damages under this agreement will be one dollar. 

Severability. If any provision of this Agreement is determined to be unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Force majeure. Except for obligations of confidentiality and payment hereunder, neither party will be in default by reason of any failure in performance of this Agreement if such failure arises, direct or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or Clients, acts of God or of the public enemy, U.S. or foreign governmental acts in either a sovereign or contractual capacity, terrorist acts, labor, fire, flood, epidemic, restrictions, and/or strikes.

Assignment. This Agreement and the rights and obligations of the parties hereunder will not be assignable by either party without prior written consent of the other party.

Amendments. No amendment, waiver, modification, or termination of this Agreement will be binding unless it is in writing and signed by both parties.

Rule of construction. This Agreement reflects the wording accepted by the parties and no rule of construction will apply against either party. All indices, titles, subject headings, section titles and similar items contained in this Agreement are provided for the purpose of reference and convenience only and are not intended to be inclusive, definitive or to affect the meaning, content or scope of this Agreement.

Governing law. This Agreement will be governed by the laws of the Province of Ontario, Canada, and will be deemed to be executed in the Province of Ontario. Any action based on this Agreement will be adjudicated by a court of competent jurisdiction in Toronto, Ontario, Canada.

Signature

Agreement	I agree to the above agreement. I want to negotiate some changes.
Signed by	(your name)
Email	(your name)
Signed on	(enter today's date)