|This Referral Program Agreement (the "Agreement")
is a legal agreement between MenuStyles.com (further in the document
MenuStyles.com will be referred to as "Site" and "We") and you, together
with any company or other business entity you are representing.
BY PARTICIPATING IN THE MENUSTYLES.COM REFERRAL PROGRAM, YOU ARE CONFIRMING
THAT YOU AGREE WITH ITS TERMS AND CONDITIONS.
"Affiliate" means an individual or business that promotes Our products
or services on its website or email through hyperlink links with a referral
tracking code in exchange for receiving commissions from the sales generated
by the promotions. To sign up as an Affiliate of MenuStyles.com and
to use the Service as an Affiliate Partner you must be at least 18 (eighteen)
years of age and provide a valid PayPal email (email associated with your
PayPal account) which can be changed at any time.
"Link" means a hyperlink placed on an Affiliate's website or email,
when clicked on, sends a Customer to MenuStyles.com. Links can include
text, a product image, buttons or banners.
"Customer" means any person, or user that clicks on a Link to MenuStyles.com
placed on an Affiliate's website.
"Payout" means the amount of commission MenuStyles.com agrees
to pay for an individual sale. The Payout is defined as a percentage of
an actual sale amount received. Our current Payout is 20%.
"Commission" means the Payout MenuStyles.com sets and agrees
to pay for Customers referred to MenuStyles.com that results in a sale
of a product or service. The sale could occur at the time of the visit or
at a later time not to exceed 14 days. If a sale occurs after 14 days and
the Customer has not returned through an authorized Affiliate's site, then
no Payout shall occur.
"VOID" means a reversal of a Payout previously earned for a sale
that is later rescinded or corrected by MenuStyles.com. We may VOID
transactions that are fraudulent, or in the case of a refund, duplicate
transactions, or other valid reasons.
"Your Account" means a specific account within PayPal, where Commissions
are credited. You may have only one affiliate account. You cannot refer
yourself in order to get a discount on your purchase
You may place Links anywhere on your site, or within non-spam emails
Links may not be placed in newsgroups, unsolicited e-mail, ICQ,
banner networks, counters, chatrooms or guestbooks
Affiliates MUST NOT use a mechanism whereby users are encouraged
to click to interact with content where it is unclear or confusing where
it will lead
NOT ALLOWED: Use of any 3rd party advertising platforms that use
a desktop application to display ads in any form
NO COOKIE STUFFING: Any activity that leads to placing a referral
tracking cookie on a Customer's computer without their knowledge may
lead to your Referral account cancelation with a complete forfeit of
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE in MenuStyles.com
Referral 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 CRACKING, and HACKING SITES
Payment Terms: To receive commission payments you need to
specify "PayPal Email for Commission Payments" in your profile. PayPal
is the only service we currently use to send you your Commissions. All
the payments will be made out in U.S. currency. Affiliate will be paid
a Commission on a monthly basis by MenuStyles.com. Payment shall
occur within forty-five (45) days from the end of each month in which
Affiliate earns a Commission. Notwithstanding the above, for each month
that Affiliate does not earn at least Fifty Dollars ($50) in Commissions,
payment shall not be issued to Affiliate for that month but shall be
deferred until the cumulative amount is at least Fifty Dollars ($50).
MenuStyles.com shall not be liable with respect to any Commissions
not received by Affiliate as a result of providing incorrect PayPal
email or Affiliate's failure to notify MenuStyles.com of a PayPal
Taxes: Affiliate shall be solely responsible for all tax
payments required to be made to any federal, state or local tax authority
based on Affiliate's revenue or income
Fraud and Fraudulent Activity: MenuStyles.com shall have
no obligation to pay Commissions to Affiliate for sales if it is determined
in good faith by MenuStyles.com that there has been fraudulent activity
on the Affiliate's website. MenuStyles.com shall have the right
to examine Affiliate's records to the extent necessary to determine
whether any fraudulent activity has occurred involving the Links on
Affiliate's website. Furthermore, MenuStyles.com shall have no obligation
to pay Commissions to Affiliate in the event of Customer obtaining a
refund or if MenuStyles.com
Ownership and Licenses
You, the Affiliate, are granted a non-exclusive, limited, revocable right
to use trademarks and banners provided by MenuStyles.com. All images,
technology and content provided for your use is and shall remain the sole
property of MenuStyles.com, and no part thereof shall be deemed assigned
or licensed to you except as explicitly provided for herein. You acknowledge
MenuStyles.com’s 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 MenuStyles.com.
What Warranties do We Disclaim?
MenuStyles.com makes no promises or warranties to you that Customers
will purchase products from MenuStyles.com, that referral Links will
be functional at all times, or that MenuStyles.com will operate at all
times or without error. MULTICOLORMENU.COM PROVIDES ITS SERVICES TO YOU
UNDER THIS AGREEMENT "AS-IS, WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, MULTICOLORMENU.COM DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, WHICH MAY ARISE UNDER LAW OR EQUITY OUT OF THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY OF INFORMATION. Except
for any obligations MenuStyles.com has to pay you the Payouts, you agree
that your sole and exclusive remedy for any breach of this Agreement by
MenuStyles.com is for you to terminate this Agreement.
Changes to the Service
MenuStyles.com reserves the right to change, modify, add or remove portions
of this Agreement at any time.
Term and Termination
The term of this Agreement will begin upon your registration with MenuStyles.com
and will end when terminated by either party. Either you or We may terminate
this Agreement at any time, with or without cause. You are only eligible
to earn Commissions on the sales occurring during the term, and Commissions
earned through the date of termination. Referral accounts that are left
inactive for 6 months will be removed from MenuStyles.com if their balance
is equal to or less than $25.