Affiliate Program Agreement

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These terms and conditions apply to the OurWeddingPlus.com Affiliate Program.  By submitting an Affiliate Program application you are indicating acceptance of the terms and conditions of this agreement.  If you do not agree to these terms and conditions, you should not apply for acceptance into this program. These terms and conditions are subject to change by Our Wedding Plus, Inc. (referred to as "us" or "we") without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions regularly.  If you feel any future modifications are unacceptable to you, you must contact us immediately and request termination of this agreement.  Acceptance of this agreement creates a binding legal agreement between you and Our Wedding Plus, Inc that you will use the website, links, and all other property of Our Wedding Plus, Inc only in a manner that is consistent with these terms and conditions.

1.  Proprietary Marks.

The Our Wedding Plus name, Link, and Link Logo contain Our Wedding Plus' proprietary logos, trademarks, and service marks (collectively, "Our Wedding Plus Marks"). The Our Wedding Plus Marks may not be modified or altered in any way. You may not use the Our Wedding Plus Marks:

  • To imply sponsorship or endorsement by Our Wedding Plus;
  • To disparage Our Wedding Plus, its product or services;
  • In connection with any products or services that in Our Wedding Plus' sole judgment may diminish or damage the goodwill in the Our Wedding Plus Marks, including, but not limited to, use of the Our Wedding Plus Marks in connection with pornography, violent images, and other objectionable material;
  • In such a way that the Our Wedding Plus marks are displayed more prominently than the name/logo of your company; or
  • To infringe Our Wedding Plus' intellectual property rights or violate any state, federal, or international law.
  • Make any false or misleading claims about Our Wedding Plus service or products.

 

3.  Our Responsibilities.

We shall be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We shall be solely responsible for processing every order placed by a customer following a special Link from your site to our site, for tracking the volume and amount of sales generated by your site, and for providing information to you regarding sales statistics. We shall be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.

4.  Affiliate Responsibilities.

  • If you qualify and agree to participate as an Affiliate Site, you may display Links prominently throughout your site as you see fit in a manner consistent with this Agreement.


  •  You shall be entitled to earn referral fee payments for customer sales as set forth in paragraph 5 below.


  •  You shall not use any existing or future software product or service (including, without limitation, any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, insert, read, intercept, record, redirect, interpret, append itself to, or otherwise intercept or interfere in any manner with any click-through or other traffic-based transaction that originated from any OurWeddingPlus.com Affiliate affecting in any manner any compensation or other payment earned by or owing to any such OurWeddingPlus.com Affiliate.


  •  You shall not cause the creation or over-writing of any commission tracking cookie on a consumer’s computer unless it is the direct result of a click, on a link to the OurWeddingPlus.com site. You shall not cause the creation of any commission tracking cookie on a consumer’s computer through the means of automatically popping up the OurWeddingPlus.com site, through the use of “I-frames” nor through any other method, other than through a direct consumer-initiated click, on a link to the OurWeddingPlus.com site.


  • You understand that the use of unsolicited commercial e-mail (“spam”) to advertise or display by OurWeddingPlus.com links, logos, or other property is absolutely prohibited. Your participation in the OurWeddingPlus.com Affiliate Program constitutes your specific and unconditional agreement to abide by this anti-spam policy. Use of any lists, whether purchased or created, compiled by means of automated tools are not permitted. Also, you must use valid e-mailheaders at all times.
  • If we determine, in our sole discretion, that you have engaged in any of the foregoing activities listed in Section 4, we reserve the right (without limiting any other rights or remedies available to us) to withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement immediately without prior notice.

5.  Referral Fee Determination and Payment.

We will pay 20% referral fee on all revenues only for the following items purchased through OurWeddingPlus.com: wedding website subscriptions and keepsake CDs.  Our wedding invitations are sold through a third party site.  Wedding Invitation sales do not fall under this affiliate program and no referral fee will be paid for any wedding invitation revenue made through the sale of wedding invitations through OurWeddingPlus.com.

Commission payments will be made each month based on confirmed sales from the previous month. You shall be paid by a company check for the applicable referral fee (less any taxes required to be withheld under applicable law). Such referral fee checks shall be sent approximately thirty (30) days after the end of each calendar month earned and shall be paid in US dollars only. If we determine, in our sole discretion, that you have breached this Agreement, we may (without limiting any other rights or remedies available to us) withhold any revenue sharing fees otherwise payable to you under this Agreement. As a condition to payment of a referral fee, you must provide us all information reasonably necessary for us to process payments to you in accordance with any and all applicable laws and regulations. This includes, but is not limited to your tax identification number (for businesses located in the US).

6. Limitation of Liability and Remedies.

YOU AGREE THAT OUR WEDDING PLUS SHALL NEITHER BE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR PARTICIPATION IN THIS AFFILIATE PROGRAM, USE OF THE LINK AND/OR LINK LOGO. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO THE AFFILIATE PROGRAM, LINK AND/OR LINK LOGO IS TO STOP USING THEM. YOU AGREE TO RELEASE AND FOREVER DISCHARGE OUR WEDDING PLUS AND ITS AGENTS, EMPLOYEES, ASSIGNS, OFFICERS, ADMINISTRATORS, PREDECESSORS, SUCCESSORS, SUBSIDIARIES, AND DIRECTORS OF AND FROM ANY AND ALL PAST, PRESENT, AND FUTURE RIGHTS, ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSSES, EXPENSES, AND ATTORNEY FEES, WHICH YOU MAY NOW HAVE, OR WHICH MAY HEREAFTER ACCRUE RELATING TO YOUR PARTICIPATION IN THIS AFFILIATE PROGRAM OR USE OF THE LINK AND/OR LINK LOGO.

7. Indemnity.

You agree to defend, indemnify, and hold harmless Our Wedding Plus and its officers, employees, and authorized successors in interest from and against any claim, action, proceeding, liability, loss, damage, cost, or expense, including, without limitation, attorney fees as provided in this Agreement, arising out of any claim relating to your participation in this affiliate program, use of the Our Wedding Plus company name, the Link, or the Link Logo by paying all amounts that a court finally awards or that your agree to in settlement of such claims.

8. Termination of Agreement.

Our Wedding Plus, Inc or the Affiliate Program member may terminate this Agreement at any time, in its sole discretion, without liability or obligation to you of any kind. Our Wedding Plus has the right to inspect your Website from time-to-time to ensure compliance with this Agreement. In the event this Agreement is terminated, you will remove all references to Our Wedding Plus, including the Link and Link Logo, within twenty-four (24) hours of written request by Our Wedding Plus.

9. Entire Agreement.

This License constitutes the entire agreement of the parties with respect to the subject matter thereto. Only a writing that refers to this License and is signed by both parties may amend this License.