This Bernuley Built-In Pet Doors Affiliate Agreement (the “Agreement”) establishes the terms and conditions for the Bernuley Built-In Pet Doors Affiliate Program (the “Affiliate Program”) of StreamComm, LLC d.b.a. Bernuley Built-In Pet Doors. (“Bernuley”).
BY CLICKING ON THE “Sign Up” BUTTON AT THE END OF THE AFFILIATE PROGRAM APPLICATION, THE PERSON OR COMPANY NAMED IN THE APPLICATION (the “Affiliate”) AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE AGREEING TO ITS TERMS.
In addition to any capitalized terms defined elsewhere in this Agreement, the following capitalized terms shall have the meaning set forth below:
“Affiliate Information Site” shall mean the World Wide Web site where Bernuley makes marketing and promotional content, dates, procedures, specifications and other relevant information about the Bernuley Services available to its affiliates (including Affiliate), including the Bernuley Content and Bernuley Marks.
“Affiliate Site” shall mean the Affiliate's World Wide Web site with its main page located at the URL specified in the Affiliate Program Application.
“Infringement” shall mean a circumstance where the services, materials, or information provided by a party pursuant to this Agreement infringes upon any copyright, trademark or service mark of a third party.
“Bernuley Content” shall mean the promotional material and information relating to the Bernuley Services in the form made available by Bernuley through the Affiliate Information Site for Affiliate’s publication on the Affiliate Site to promote the Bernuley Services.
“Bernuley Marks” shall mean Bernuley™, Built-In Pet Doors™, and any other Bernuley trademarks or service marks that Bernuley makes available to Affiliate on the Affiliate Information Site.
“Bernuley Products” shall mean any of Bernuley’s products and services that may be purchased via the Bernuley Site.
“Bernuley Site” shall mean the area of Bernuley’s World Wide Web site where the Bernuley Services are provided with its main page currently located at www.bernuley.com (aka www.builtinpetdoors.com.)
“Customer” shall mean a person who links directly from the Affiliate Site to the Bernuley Site and is identified by Bernuley as originating from the Affiliate Site and purchases a Bernuley Product by means of the Bernuley Site.
“Link” shall mean a hypertext and/or graphical link from the Affiliate Site to the Bernuley Site or from the Bernuley Site to the Affiliate Site.
“Losses” shall mean direct losses, costs, claims, damages, settlement payments, attorneys’ fees, liabilities, and penalties, court awards and other similar costs and expenses.
“Marks” shall mean any trademarks or service marks that each party makes available to the other party as part of this Agreement.
“Disqualified Purchases” shall mean Qualifying Purchases that are disqualified whenever they occur in connection with a violation of this Agreement or any other terms, conditions, specifications, statements, and policies that we may issue from time to time that apply to the Affiliate Program, including the most up-to-date version of this Agreement (collectively, the “Program Documents”).
Further, the following purchases that would otherwise be Qualified Purchases are disqualified and excluded from the Affiliate Program:
“Qualifying Purchases” shall mean orders that occur when:
“Qualifying Revenue” shall mean the applicable amounts payable by Customers for Qualifying Purchases less any shipping charges, gift-wrapping fees, handling fees, taxes (e.g. sales tax and VAT), service charges, discounts, credits, rebates, credit card processing fees, Disqualified Purchases, bad debt, and other adjustments.
|Product or Service||Revenue Share Percentage|