BG Star Productions Inc. (Tae Bo® Fitness) has developed and operates a service (the "Service"), which allows approved Affiliates to participate in Performance Marketing programs. As an Affiliate of BG Star Productions Inc. you will receive a custom coupon code valid for 10% off of any physical product at: www.taebo.com. You will receive a commission every time this coupon code is used in conjunction with a purchase made through our on-line shop. Your commission for each sale is 10% of the net total of the sale. Please Note: Net is defined by the total amount of the sale after any other discounts and tax have been deducted.
As an Affiliate of the Service, you may place and remove Tae Bo® Banners and your affiliate coupon code on your site, social media outlets and in other acceptable locations.
• You place our banners and/or coupon code as you see fit on any of the websites, social media outlets, and other sites approved on your program application, or within non-spam emails.
• Please Be Advised: Any site that contains inappropriate content such as Adult Material, Racial, Discriminatory, or Hate content, sites that have not been previously approved, and all other inappropriate sites are strictly forbidden from use.
• You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
• Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $25.00. If an abandoned affiliate account has a balance between $25.00 and $50.00, a $25.00 fee will be assessed once per calendar month, until the balance is equal to zero dollars - and is closed. Please Note: At no time will an affiliate ever owe monies to BG Star Productions Inc. based on fees - the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged in to for a period of six (6) months, nor have any transactions been posted to that account. If one or the other of those conditions is true - the account will remain in an active state.
You will receive a Commission for any product purchased using your affiliate coupon code. Please Note: Commission will not be earned on non-product services such as certification camps, instructor educations, instructor trainings, official events, Tae Bo® TV, Tae Bo® Membership Accounts etc.). In order to receive your coupon code, you must first be approved by BG Star Productions Inc. to become an Affiliate of our program. By submitting an application to become an Affiliate you agree to the following terms:
• You understand the Commission rate may be changed at any time, at our sole discretion and without prior notice.
• You are responsible for ensuring the payout for a link you have placed on your site has not been changed, discontinued, or are no longer in use.
• You will receive payment of any earned commission from BG Star Productions Inc. (Tae Bo® Fitness).
• Payments are made automatically on the twentieth (20th) day of each month when your account balance reaches $50.00 or more for the previous months' transactions.
• Money credited to Your Account does not accrue interest.
• In the event of a VOID, REFUNDED, or RETURNED purchase made from your coupon code, which you have already received your commission payment from BG Star Productions Inc., your account will be noted and the following commission will automatically deduct the adjusted fees. In the event that your account balance is less than the VOID, REFUNDED, or RETUNRED Commission, the VOID, REFUNDED, or RETURNED Commission will be deducted against your future earnings. You will NEVER be asked to send money to BG Star Productions Inc. (Tae Bo® Fitness).
SERVICE AND SUPPORT
BG Star Productions Inc. will provide support for the Service as indicated on the www.taebo.com web site. For questions, additional assistance, or special support requests, please email: [email protected]
BG Star Productions Inc. (Tae Bo® Fitness) reserves the right to send e-mail notifications to you for the purposes of informing you of applicable changes, additions, or upgrades to the Affiliate Program or any Tae Bo® Fitness related product and service and it is your responsibility to ensure we have your current contact information at all times.
CHANGES TO THE SERVICE
BG Star Productions Inc. reserves the right to change, modify, add or remove portions of this Affiliate Agreement at our sole discretion and without prior notification and we reserve the right to add to, change, suspend or discontinue any aspect of the service at any time. In the event of any changes that may affect the Affiliate Program, BG Star Productions Inc. will provide written notification of such changes at least seven (7) days prior to the changes taking affect via e-mail, newsletter or the www.taebo.com website, at which time you may either agree to such changes or withdraw from the service.
To sign up as an affiliate of www.taebo.com and to use the service as an affiliate partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id number (social security number for individuals or a federal tax-id for corporations or entities).
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN THE www.taebo.com AFFILIATE PROGRAM: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES.
You shall provide BG Star Productions Inc. (Tae Bo® Fitness) with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to your true identity. You agree that BG Star Productions Inc. may rely on any data, notice, instruction or request furnished to www.taebo.com by you, which is reasonably believed by BG Star Productions Inc. to be genuine and to have been sent or presented by a person reasonably believed by BG Star Productions Inc. to be authorized to act on your behalf. You shall notify BG Star Productions Inc. (Tae Bo® Fitness) by e-mail at [email protected] of any known or suspected unauthorized uses of your account. You shall be responsible for maintaining the confidentiality of Your username and password and you are responsible for all usage and activity on your account, including use of the account by a third party authorized by you to use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by BG Star Productions Inc. (Tae Bo® Fitness) and referred to the appropriate law enforcement agencies.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chat rooms or guest books. Any Link placed must be done in such a way that it is not misleading to any visitor and must done with the intention of delivering valid sales, leads, or clicks.
The service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BG Star Productions Inc. DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, BG Star Productions Inc. SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Merchant will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold BG Star Productions Inc. (Tae Bo® Fitness) liable for any of the consequences of such interruptions. MERCHANT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
BG Star Productions Inc. OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE BG Star Productions Inc. (Tae Bo® Fitness) SERVICE OR ANY INFORMATION PROVIDED ON THE www.taebo.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BG Star Productions Inc. OR A BG Star Productions Inc. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BG Star Productions Inc. LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that BG Star Productions Inc. has no responsibility or assumes no liability as a result of your placement of authorized links and/or coupon codes from your web site, and you, and www.taebo.com jointly and severally agree to indemnify, defend, and hold harmless BG Star Productions Inc. (Tae Bo® Fitness) and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this agreement or the subject matter hereof and any dispute relating thereto.
BG Star Productions Inc. agrees to indemnify, defend, and hold harmless affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to BG Star Productions Inc. negligence or willful misconduct in performance of the Services or its breach of this agreement.
BG Star Productions Inc. acknowledges that in the course of this agreement it shall have access to confidential and proprietary information ("Confidential Information") of your company. BG Star Productions Inc. agrees not to disclose or disseminate the Confidential Information without your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of BG Star Productions Inc., that becomes available to BG Star Productions Inc. from third parties without knowledge by BG Star Productions Inc. of any breach of fiduciary duty, or that BG Star Productions Inc. had in its possession prior to the date of this agreement. BG Star Productions Inc. does not collect information about a merchant’s customer transactions, other than what is passed to us through the coupon code and displayed on your own transaction reports. Any information we receive is used solely for tracking and commission payment purposes. BG Star Productions Inc. reserves the right to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as BG Star Productions Inc. deems appropriate at our sole discretion.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use BG Star Productions Inc. (Tae Bo® Fitness) provided trademarks and banners provided to you. All images, technology and content provided for your use is and shall remain the sole property of BG Star Productions Inc., and no part thereof shall be deemed assigned or licensed to you except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain the sole property of BG Star Productions Inc., including rights in and to any derivatives thereof. You may not modify the trademarks, banners, coupon code, the content or any of the images provided to you in any way.
BG Star Productions Inc. may immediately terminate your license to use the marks if we reasonably believe that such use dilutes, tarnishes or blurs the value of our marks. You acknowledge that your use of the marks will not create in you, nor will you represent that you have, any right, title or interest in or to the marks other than the license granted by BG Star Productions Inc. as stated above. You will not challenge the validity of or attempt to register any of the marks or your interest therein as a licensee, nor will you adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge BG Star Productions Inc. ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of BG Star Productions Inc.
BG Star Productions Inc. makes no representations whatsoever about any other Web site which you may access through the service. In addition, a link to a non- BG Star Productions Inc. web site does not mean that BG Star Productions Inc. endorses or accepts any responsibility for the content or the use of such web site.
Affiliate or BG Star Productions Inc. may assign this agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
This Agreement shall be governed by California, USA law. The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of California, USA and you consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.