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J!NX Affiliate Program Affiliate Agreement

J!NX Affiliate Program - Affiliate Agreement

This affiliate agreement (hereinafter “Agreement”) is entered into between Jinx, Inc. (hereinafter, “Jinx”), and you (hereinafter, “Affiliate”). Such Agreement shall govern the relationship between Jinx and Affiliate with respect to the issues set forth below.

  1. Participation: Upon acceptance into Jinx’s affiliate program, you agree to provide a link to Jinx’s web site from your web site and/or a link to Jinx’s web site contained within your subscription e-mail(s). Such link will be maintained at your discretion provided that its maintenance does not violate any of the terms of this Agreement. In the event Jinx updates, changes or modifies the link, you must update your link within forty-eight (48) hours of notice from Jinx in order to continue to receive credit.
  2. Specifically prohibited uses: Under no circumstances may affiliate do any of the following while bound by this Agreement:
    1. Send any spam or other unlawful e-mail as defined by the CAN SPAM Act of 2003;
    2. Participate in any “pop up” or “pop under” advertisements where facilitated by any third party (pop up or pop under advertisements from your own website are acceptable);
    3. Use Google Adwords or Yahoo Search Marketing to promote your Jinx link;
    4. Use Jinx’s name or any close facsimile (including but not limited to misspellings or likely typographical errors in typing Jinx or Jinx.com) on a pay-per-click advertisement service;
    5. Engage in the unauthorized use of Jinx, or any third party’s intellectual property;
    6. Operate any business through your website or subscription e-mail service that violates any law;
    7. Place links to your website in message boards, banner networks, chatrooms, counters, guestbooks, or similar locations;
    8. Cause damage or dilution to the Jinx mark, or any other marks affiliated with Jinx, Inc.
    9. Breach any other term of this agreement.
  3. Termination: Either Affiliate or Jinx may terminate this Agreement with ten (10) days notice to the other. Jinx may terminate this Agreement at any time without notice if it believes that Affiliate has violated one of the conditions set forth in paragraph 2. Notice of termination must be sent via electronic mail. Notices to Jinx must be sent to affiliates@jinx.com. Notice to Affiliate shall be provided through the e-mail address provided by Affiliate during registration.
  4. Tracking: Jinx shall make reasonable efforts to maintain records of any customers that purchase products through your link. In addition to any purchases made as a result of the direct link, Jinx will endeavor to use cookies to tabulate and provide credit to Affiliate for any purchases made within 60 days of the initial link from Affiliate’s e-mail or website to Jinx’s website. Any purchases made in this fashion that are otherwise qualifying shall be known as “Qualifying Purchases.” Bulk purchases subject to the bulk discount shall not be considered Qualifying Purchases.
  5. Payment: Jinx shall then credit Affiliate’s account at the then-offered rates for any Qualifying Purchases. Through PayPal, or any other such service Jinx selects, Affiliate will be paid for any such credits. Payments will be made on the last business day of the quarter, or at Jinx’s discretion another date, for the previous calendar quarter. In the event Affiliate has credits, but those credits are less than $50.00 (USD), payment will not be made until the first cycle where Affiliate’s balance is in excess of $50.00 (USD).
  6. Debits: Jinx shall debit Affiliate’s account for any product return, duplicate entry, erroneous entry, or transaction that is determined to be not Qualified. Jinx may also debit Affiliate’s account some or all of its credits in the event of a breach of this Agreement by Affiliate.
  7. Intellectual Property: Jinx is authorizing Affiliate to use a link to its website and related intellectual property as part of the Affiliate Agreement. Affiliate agrees not to challenge Jinx’s rights to Jinx’s intellectual property at any time, and agrees that Affiliate’s use of Jinx’s intellectual property, if any, does not provide it any rights in the same.
  8. Term: This Agreement shall be deemed accepted by Affiliate when Affiliate “clicks through” the acceptance button at the end of this Agreement, and shall govern until terminated by one or both parties as required by this Agreement.
  9. Inactivity: Jinx reserves the right to terminate your account in the event it is inactive for a period of more than 60 days. An account is inactive if Affiliate fails to log in to the account or there are no Qualifying Purchases. After 60 days of inactivity, Jinx will debit an inactivity charge of $15.00 per month until your credit balance is zero, at which time your account will be closed. In the event the account balance is negative after 90 days, the account will be immediately closed, and Affiliate will owe Jinx the entire balance within 30 days.
  10. Business Operations: Both parties will seek to maintain their websites in operational state during normal business hours. However, neither party shall be liable to the other in the event of a website failure or failures. In addition, neither party shall be liable to the other in the force majeure (including but not limited to internet disruption, power disruption, riots, insurrection, acts of terrorism, war, fire, flood, earthquake, explosions, or acts of God).
  11. Compliance with applicable laws: Affiliate hereby warrants that it shall be solely responsible for its compliance with all laws governing it and its interactions with Jinx.
  12. Indemnification: Affiliate shall defend and indemnify Jinx for any claims arising in whole or in part out of or related to Affiliate’s business practices, and referral methods. Affiliate shall also defend and indemnify Jinx for any claims arising in whole or in part out of the actions of any representative or employee of Affiliate. Jinx shall defend and indemnify Affiliate for any claims for product liability or claims based solely upon the negligence of Jinx or its employees or representatives.
  13. Relationship: Nothing in this Agreement shall be deemed to create any relationship other than arms-length contractors. Specifically, this Agreement does not create any employer-employee or principal-agent relationship. Neither party shall be responsible for the acts of the other except as provided in paragraph 12.
  14. Severability: In the event any court of law or arbitrator determines that any part of this agreement is unlawful, unenforceable, or void as against public policy, the remaining provisions of this Agreement shall remain in full force and effect.
  15. Waiver: The waiver of any breach of this Agreement shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.
  16. Arbitration: In the event of any dispute or claim between Jinx and Affiliate, the same shall be submitted to binding arbitration before an arbitrator agreed-upon by the parties, and the arbitration shall be governed by the rules of the American Arbitration Association (AAA). In the event the parties cannot agree upon an arbitrator, such arbitrator shall be selected pursuant to the rules of the AAA.
  17. Choice of law/venue: This contract, and the parties’ relationship arising out of it, shall be deemed to have been entered into in, and governed by the laws of, the State of California, United States of America. The parties hereby submit to personal jurisdiction and venue in the County of San Diego.
  18. Attorneys’ fees: In the event of any claim or controversy arising out of this Agreement or the parties’ relationship, the prevailing party in such proceeding shall be entitled to its reasonable attorneys’ fees.
  19. Assignment: Affiliate may not assign or otherwise delegate its performance under this Agreement without the express written consent of Jinx.
  20. Authority: The parties hereby represent that they have authority to enter into this contract.