Terms of Service

Joining the Every Good Gift Affiliate Program

EveryGoodGift.com AFFILIATE PROGRAM TERMS AND CONDITIONS
PLEASE READ THE TERMS AND CONDITIONS BELOW AND INDICATE YOUR AGREEMENT BY CLICKING ON THE "I AGREE" BUTTON AT THE END OF THE TERMS AND CONDITIONS.
YOUR CLICKING OF SUCH "I AGREE" BUTTON IS NOT AN AGREEMENT BY VERIZON WIRELESS. YOU AND VERIZON WIRELESS WILL HAVE ENTERED INTO AN AGREEMENT ONLY IF AND WHEN YOU ARE PROVIDED WITH NOTICE THAT VERIZON WIRELESS HAS ACCEPTED YOUR AFFILIATE PROGRAM APPLICATION, AS MORE FULLY SET FOR THE IN SECTION 2 OF THESE TERMS AND CONDITIONS. ANY SUCH AGREEMENT WILL BE SUBJECT TO THESE TERMS AND CONDITIONS. VERIZON WIRELESS MAY CHOOSE TO REJECT YOUR APPLICATION FOR ANY REASON IT ITS SOLE DISCRETION.
YOU MAY PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS.

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1. Application for Enrollment in the Affiliate Program

To begin the enrollment process, you must submit a complete Affiliate Program Application via the Every Good Gift site at http://www.everygoodgift.com/wholesalers.php. Every Good Gift will evaluate your Application and will notify you regarding acceptance or rejection. Every Good Gift may reject your Application if it determines (in its sole discretion) that your site is unsuitable for the Affiliate Program for any reason. If Every Good Gift rejects your Application, you may reapply at any time, and Every Good Gift will consider the Application.

By completing and sending in the accompanying Affiliate Program Application (the "Application") and clicking on the "I AGREE" button at the end of these Terms and Conditions, you are requesting that Every Good Gift allow you to place link (s) on the page (s) of your web site. The Application and your clicking of the "I AGREE" button at the end of these Terms and Conditions is NOT an agreement by Every Good Gift to allow you to place any link(s) to the Every Good Gift web site or any other site, and Every Good Gift may choose to reject your Application for any reason in its sole discretion.

The terms "you", "your", "I" and "Applicant" refer to the person, corporation or other entity requesting that Every Good Gift allow it to place a Link on its web site as part of Every Good Gift's Affiliate Program.

2. Agreement/Term of Agreement

If and when, and only if and when, Every Good Gift (either directly or through a third party) provides you with notice that Every Good Gift has accepted your Application, you will have entered into a legal agreement with Every Good Gift, which includes all of the Terms and Conditions below and governs your participation in the Affiliate Program (the "Agreement"). The term of this Agreement begins upon Every Good Gift' notice to you of its acceptance of your Application as set forth above, and ends when terminate by either party in accordance with Section 10 (Termination) below.

3. Statement of Evaluation

You acknowledge that you have read all of the Terms and Conditions. You understand that Every Good Gift may, at any time (directly or indirectly) solicit referrals for users of information retrieval services on terms that differ from those contained in these Terms and Conditions, or who operate sites that are similar to or compete with your site. You acknowledge that you independently have evaluated the desirability of participating in the Affiliate Program and of agreeing to these Terms and Conditions and are not relying on any representation, guarantee, warranty or statement by Every Good Gift or any other entity or person, other than as specifically set forth in these Terms and Conditions.

4. Link Content

In the event that Every Good Gift accepts your Application, (a) Every Good Gift will provide you with access to the design option(s) ( "Link Content") for Link(s) to the online store section of the Every Good Gift site (an "Online Store Link" ), and (b) in Every Good Gift’s discretion, Every Good Gift may also provide you with access to Link Content for Link(s) to other section(s) of the Every Good Gift site (e.g. plans & pricing, products, Hot Deals)("Non-Online Store Links").

5. Limited Link License

In the event that Every Good Gift accepts your Application, Every Good Gift shall and does hereby grant you a revocable, limited, non-exclusive, non-transferable right and license, without the right to sublicense, to (1) establish the Link(s) described above (from the page(s) or your web site specified in your Application to the page(s) of the Every Good Gift web site designated by Every Good Gift in its sole discretion), and (2) use and display the Link Content described above, only as establishing the Link(s) to allow users of the page(s) or your web site specified in your Application to click-through to the page(s) of the Every Good Gift web site designated by Every Good Gift in its sole discretion.

You may not use any design, test or other content other that the Link Content in connections with any Link(s) to the Every Good Gift web site. You may not use the Link Content in any manner except in connection with establishing the Link(s) hereunder. You may not modify the Link Content or any logos or images or other portions of the Link Content. You may not link to the Every Good Gift web site from any page of your web site other than the page(s) designated by Every Good Gift in its sole discretion for the Link Content option(s) you choose. You may not place any links to the Every Good Gift web site on any web page containing material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing.

Every Good Gift reserves and retains all rights in and to the Link Content, the Every Good Gift web site (and all modifications thereto), and any and all images, trade names, trademarks, domain names and other intellectual property rights of Every Good Gift or Oil of Gladness. You shall not use any trademark, trade name, or service mark identical with or confusingly similar to the Every Good Gift except as expressly permitted by this Agreement.

6. Payment

Every Good Gift will pay you 10% (ten percent) per completed order from a Every Good Gift Link. You understand and agree that Every Good Gift pays based only on completed transactions. Notwithstanding anything to the contrary, Every Good Gift shall have no obligation to pay you for completed sales.

Every Good Gift shall not have any obligation to pay you any amounts for any completed transactions from any Non-Online Store Link(s).

A completed transaction occurs when a user (other than You or Your affiliates or any third party acting on Your behalf or under Your control) clicks on a Link on the page(s) of Your web site designated in Your Application and such user is thereafter connected to the Every Good Gift site.

Every Good Gift will pay you on a monthly basis. Within 45 days or a reasonable time after the end of each calendar month, Every Good Gift will send you a check for the amount earned during that month, less any taxes that Every Good Gift may be to withhold. However, if the amount you earned during any calendar month is less than $25, then Every Good Gift will hold that payment until payment is due for the month in which the total amount due is at least $25. If this Agreement is terminated earlier than such date, Every Good Gift will pay you the amounts you earned before the date of termination, within 45 days or a reasonable time after the date of termination.

If Every Good Gift’s records show activity from the Link(s) on your site that Every Good Gift determines is inconsistent, or is otherwise unusual or unlawful, then Every Good Gift reserves the right to withhold payment for a reasonable time pending an investigation of that activity by Every Good Gift and resolution of the dispute (if any).

7. Reporting

Every Good Gift will give you a password that will enable you to enter a password-protected site or area of a site communicated to you by Every Good Gift. You may use the password to log in to that site and to access information about the Affiliate Program.

8. Publicity

You may not create, publish, or distribute any items that reference Every Good Gift without first submitting those items to Every Good Gift and receiving Every Good Gift's written consent.

9. Obligations Regarding Your Site

Your are solely responsible for the development, operation and maintenance of your site and for all materials and content that appear on your site. Every Good Gift will not be responsible for any of the foregoing. You agree to indemnify, defend and hold Every Good Gift harmless from all damages, claims, fees (including attorneys' fees) and expenses relating to the development, operation or maintenance of your site, including content not attributable to Every Good Gift.

10. Termination

Either you or Every Good Gift may terminate this Agreement at any time, for any reason or no reason, by giving the other party written notice of termination.

Within 24 hours after termination (whether by you or Every Good Gift), you must remove the Link Content (and deactivate any links to the Every Good Gift web site) and any other copies of Every Good Gift from your site and must destroy or erase from computer memory any items you might have that contain the Every Good Gift service mark, other trademarks.

11. Notice

Except as otherwise expressly provided herein, all notices under this Agreement shall be in writing and deemed to be given (a) on the delivery date if delivered personally or by e-mail, or (b) 3 days after being mailed by certified mail, postage prepaid, return receipt requested, to the other Party (or permitted successors or assigns) at the following addresses (either party may change their address (including without limitation, their e-mail address) for purposes of this section by providing written notice to the other party):

* Every Good Gift
P.O. Box 130240
Houston, TX 77219
E-Mail: sales@everygoodgift.com

* Notice to Applicant
Applicant's physical address/e-mail address set forth in the Applicant's Application, which is incorporated by reference herein

12. Modifications

Every Good Gift may modify any of the Terms and Conditions contained in this Agreement upon notice to you via e-mail. Every Good Gift will post any such modified Terms and Conditions on the Every Good Gift site and on the site from which you retrieve the reports made available by Every Good Gift. If a modification is unacceptable, you may terminate this Agreement by giving notice of termination to Every Good Gift and following the procedures in Section 10 (Termination). If you do not give Every Good Gift notice and continue to display the Link(s) on your site, then you will be considered to have accepted the modifications.

13. Relationship of the Parties

You and Every Good Gift are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Every Good Gift. You understand that you do not have authority to make or accept any offers or make any representation on behalf of Every Good Gift. You may not make any statement, whether on your site or otherwise, that would contradict anything in these sections. You specifically acknowledge that you are not eligible to participate in any benefit plans of Every Good Gift or its affiliates.

14. Confidentiality

During the term of this Agreement, you may have access to certain non-public information of Every Good Gift, which information a reasonable person would consider confidential or which is marked as "confidential" or "proprietary" by Every Good Gift ("Confidential Information"). Confidential Information does not include information that is generally known and available, or in the public domain through no fault of ours. You agree (i) not to disclose any Confidential Information to any third parties, (ii) not to use any Confidential Information for any purposes except carrying out your rights and responsibilities under this Agreement and (iii) to keep the Confidential Information confidential using the same degree of care you use to protect your own confidential information, as long as you use at least reasonable care. These obligations survive for 3 years after termination of the Agreement.

15. Disclaimers

Every Good Gift makes no express or implied warranties with respect to the subject matter of this Agreement, or its Affiliate Program, the Every Good Gift web site, the Link(s), the Link Content, or the Every Good Gift services), and Every Good Gift hereby disclaims all implied warranties, including but not limited to implied warranties or merchantability and fitness for a particular purpose. You understand that the operation of the Links may not be uninterrupted or error free, and that the search results obtained through use of the services on the Every Good Gift web site may have errors or omissions, and that the Link(s) and Link Content are provided on an "AS IS" and "AS AVAILABLE" basis. You agree that Every Good Gift will not be liable for any interruptions or errors in using the Links or the Link Content, or errors or omissions in the search results obtained through use of the services on the Every Good Gift web site. The provisions of this Section survive termination or expiration of the Agreement.

16. Limitation of Liability

Every Good Gift will not be liable for lost profits, lost business opportunities or any other indirect, special, punitive, incidental or consequential damages arising out of or related to this Agreement or Affiliate Program, even in Every Good Gift has been advised of the possibility of such damages. Further, Every Good Gift’s aggregate liability arising under this Agreement will not exceed the amount of the total commission fees paid or payable to you under this Agreement. The provisions of this Section survive termination or expiration of the Agreement.

17. Miscellaneous Provisions

THIS AGREEMENT WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF NEW YOUR AND THE UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. This is the entire Agreement between you and Every Good Gift with respect to the Affiliate Program. Except as specifically set forth in Section 12 (Modifications) and Section 5 (Limited Link License), any modification to this Agreement must be in writing and signed by both parties. You may not assign this Agreement, by operation or law or otherwise, without Every Good Gift’s prior written consent. Every Good Gift may freely assign this Agreement. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Every Good Gift's failure to enforce your strict performance of any provisions of this Agreement will not constitute a waiver of Every Good Gift's right to subsequently enforce that provision, or any other provisions of this Agreement. In the event that any of the provisions of this Agreement are held to be unenforceable by a court or arbitrator, the remaining provisions of the Agreement will remain in full force and effect. The provisions of this Section survive termination or expiration of the Agreement.

18. Authority

The person clicking the "I AGREE" or similar button on behalf of the Applicant hereby represents, warrants and certifies that (1) he or she is the Applicant, or that he or she has been lawfully authorized to be bound by these Terms and Conditions (and any Agreement formed by Every Good Gift's acceptance of Applicant’s Application as set for the herein) on behalf of the Applicant, and (2) he or she has adequate legal capacity to agree to be bound by these Terms and Conditions (and any Agreement formed by Every Good Gift's acceptance of Applicant’s Application as set forth herein).

BY CLICKING THE "I AGREE" BUTTON BELOW, I REPRESENT AND WARRANT THAT I HAVE READ AND UNDERSTAND THE FOREGOING EVERYGOODGIFT.COM AFFILIATE PROGRAM TERMS AND CONDITIONS, AND AGREE TO BE BOUND SUCH TERMS AND CONDITIONS AND ANY AGREEMENT FORMED BY EVERY GOOD GIFT’S ACCEPTANCE OF APPLICANT’S APPLICATION AS SET FORTH HEREIN.