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Terms & Conditions
- Definitions
- The Affiliate's Rights and Obligations
- Fees
- BF'S Rights and Obligations
- Term and Termination
- Indemnity
- Miscellaneous
The following is a complete list of the terms and conditions of 4390890 Canada Inc. (d.b.a. under the name and style “BountyFishing” and hereinafter referred to as “BF”) that apply to all members (collectively, the “Affiliates” and each an “Affiliate”) who participate in the BountyPartners.com affiliate program (the “Program”). Please read this Agreement carefully in its entirety.
By submitting the application form or linking to the Site (as defined below), the Affiliate is deemed to have agreed to be bound by the terms and conditions set out in this Agreement.
1. Definitions
In this Agreement, unless something in the context is inconsistent therewith:
“Angler(s)” means an individual who enters the Site via the Affiliate's Tracker(s) and pays Fees to BF.
“Banners and Text Links” mean the graphical artwork or text, approved in advance by BF that will be directed to the Site through the Affiliate's Tracker, to permit an Angler to hyperlink from the Affiliate's website to the Site.
“Charge-Backs” means an un-collected credit card transaction from an Angler's credit card company as a result of the Angler's non-payment or fraudulent use of a credit card. Charge-Backs shall be solely administered by BF.
“Commissions” means the amount, if any, to be paid by BF to Affiliate based on the Fees generated, the whole in accordance with the terms of this Agreement.
“Fee(s)” means the entrance fee(s) paid to BF by Anglers to participate in BF's fishing tournaments.
“Fraud Traffic” means Fees or traffic generated at the Site through illegal means or in bad faith in order to defraud BF, regardless of whether or not it actually causes any harm to BF. Fraud Traffic includes but is not limited to Spam, false advertising and unauthorized use of any third party copyrights or trademarks.
“Redemptions” means the aggregate of (i) any and all funds withdrawn or cashed-out by Anglers from the Site; (ii) the amount pending on the Anglers credit card account; (iii) any Fees reversed (or credits given) by BF, in BF's sole discretion, to negate fraud, error, Angler non satisfaction or through Charge-Backs.
“Restricted Jurisdictions” means those specific jurisdictions which are listed, from time to time on the Site, in the sole discretion of BF, as being excluded from participating in BF's fishing tournaments.
“Site” means the BountyPartners website located at http://www.BountyPartners.com and its related pages.
”Spam” means emails and messages meeting one or more of the following criteria:
(i) Unsolicited mailing usually sent to many people;
(ii) Contains false or misleading statements;
(iii) Do not truthfully identify the source or the originating intellectual property address and / or the originating email address; or
(iv) Do not contain an online and real time remove option.
“Tracker(s)” mean the unique tracking URL that BF provides exclusively to the Affiliate through which it tracks the Affiliate's efforts and calculates the Affiliate's Commissions.
“Transaction Fees” means the credit card processing fees to be incurred by BF in respect to the Fees, which range from four percent (4%) to six percent (6%) of all credit card purchases made by Anglers.
2. The Affiliate's Rights and Obligations
Linking to BountyPartners.com
The Affiliate shall link to the Site with one or more Banners and Text Links. BF will terminate this Agreement immediately if, in its sole opinion, there is any form of Spam or if the Affiliate advertises the Site in any unauthorized way. The Affiliate shall not make any claims, representations, or warranties in connection with BF, including its fishing tournaments, and the Affiliate shall have no authority to, and shall not, bind BF to any obligations.
Key Words
The Affiliate hereby undertakes and agrees not to, directly or indirectly, bid on or otherwise acquire any right or interest in or to the words “BountyFishing” and “Fishing Tournaments” from any internet search engine, including without limitation, Google, Microsoft, Yahoo, and Ask.com.
Appointment
By this Agreement, BF grants the Affiliate the non-exclusive right to direct Anglers to the Site and to BF services, in accordance with the terms and conditions of this Agreement. This Agreement does not grant the Affiliate an exclusive right or privilege to assist BF in the provision of any services arising from the Affiliate's referrals, and BF may contract with and obtain the assistance from any other person or entity at any time to perform services of the same or similar nature as those performed by the Affiliate. For greater certainty, the Affiliate shall have no claims to any Commissions or any other compensation for any business secured or received by or through persons or entities other than through the Affiliate.
Approved Layouts
The Affiliate shall use only the Banners and Text Links which have been approved by BF, which may not be altered in any manner without the prior consent of BF. The appearance and syntax of the hypertext transfer link are designed and designated by BF and constitute the only authorized and permitted representation of the Site.
Good Faith
The Affiliate will not benefit from any known or suspected traffic that is not generated in good faith regardless of whether or not said traffic actually causes damage to BF. In the event that BF, acting reasonably, suspects that a possible fraudulent transaction and/or Fraud Traffic have been engaged in by the Affiliate or an Angler, it reserves the right to withhold any Commissions due and payable at such time. If, in BF's sole opinion, Fraud Traffic takes place, BF shall have the full right and authority to immediately terminate this Agreement in its entirety without prejudice to any other rights and recourses it may have under the circumstances, including without limitation the right to withhold the payment of any Commissions from Affiliate.
Responsibility for the Affiliate's Site
The Affiliate will be solely responsible for ensuring that materials posted on the Affiliate's site are not libelous or otherwise illegal and the contents of the Affiliate's site are original or that the Affiliate otherwise has the authority to publish said content from the original creator thereof. BF disclaims all liability with respect to these matters.
The Affiliate agrees to indemnify and hold BF harmless from any and all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of the Affiliate's site. BF does not support nor will it give any assistance of any kind to the Affiliate for stealing or copying any original creator's content (i.e. site scraping), and it reserves the right either to forthwith terminate this Agreement without any compensation to Affiliate whatsoever if it is proven through satisfactory evidence that the Affiliate engaged in such methods, and it further reserves the right to forthwith transfer any Commissions that may have been owing to the Affiliate pursuant to this Agreement, to the original content creator.
License to use Marks
BF hereby grants to the Affiliate a non-exclusive, non-transferable license, during the term of this Agreement, to use the BF intellectual-property marks (some of which may be licensed, in turn by BF, from their owner) (the “Marks”) solely in connection with the display of the Banners and Text Links on the Affiliate's site. This license may not be sub-licensed, assigned or otherwise transferred by the Affiliate. The Affiliate's right to use the Marks is limited to and arises only out of this Agreement and the Affiliate's right to use the Banners and Text Links.
The Affiliate shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice BF or its licensor's rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
The Affiliate shall not, nor shall the Affiliate authorize, assist or encourage any third party to advertise, promote or market the Banners and Text Links within Restricted Jurisdictions.
In addition, the terms and conditions contained at the url www.BountyFishing.com” with regard to the acceptable use of the Marks are herein incorporated by reference, all of which Affiliate hereby acknowledges having read and understood.
3. Fees
Charge-backs
Fifty percent (50%) of all Charge Backs shall be deducted from the Commissions payable to the Affiliate.
Transaction Fees
Transaction Fees shall be deducted from all Fees prior to the calculation of Commissions payable to the Affiliate.
Commission Payable
Subject to deductions being made to Fees for Transaction Fees and Charge-Backs, BF will pay the Affiliate the following Commissions based on the Fees generated:
- 50% of each Angler's first entrance fee;
- 25% of each Angler's second entrance fee; and
- 10% of each Angler's entrance fee following the second entrance fee until the second anniversary date of such Angler's first entrance fee.
Payment
The Affiliate will be paid Commissions monthly subject to there being a minimum of Commissions earned in respect to the prior month of one hundred dollars ($100.00) (the “Minimum Payment”). Should the Affiliate not succeed in reaching the Minimum Payment in a particular given month, BF has the right to withhold Commissions for that particular month and accrue the Commissions earned for such month to the next calendar month. BF further has the right to require a signed invoice prior to any payment of Commissions. All Commissions shall be due and payable in lawful currency of the United States.
4. BF'S Rights and Obligations
Register the Affiliate's Anglers
BF will register the Affiliate's Anglers, track the Fees of each Angler , and will provide the Affiliate with remote online access to reports of Angler activity and the Commissions generated therefrom. BF reserves the right, in its sole and absolute discretion, to refuse Anglers (or to close their accounts) if necessary in order to comply with any policies it may establish from time to time.
Modifications
BF reserves the right, upon notice to the Affiliate, to modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Site. Without limiting the generality of the foregoing, such modifications may include, changes in the scope of the Commission structure, Fees payable, and Program rules.
IF ANY MODIFICATION TO THE PROGRAM IS UNACCEPTABLE, THE AFFILIATE'S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. THE AFFILIATE'S CONTINUED PARTICIPATION IN THE PROGRAM ONCE NOTIFIED BY BF OF A MODIFICATION IN CONNECTION WITH THE PROGRAM OR THE SITE SHALL CONSTITUTE THE AFFILIATE'S BINDING ACCEPTANCE OF ANY MODIFICATION.
5. Term and Termination
The term of this Agreement shall commence when the Affiliate creates a unique link to the Site and shall continue for an indeterminate term unless and until either party notifies the other in writing that it wishes to terminate this Agreement, in which case this Agreement shall be terminated immediately.
EITHER PARTY MAY TERMINATE THIS AGREEMENT AT ANY TIME AND FOR ANY REASON WHATSOEVER BY SENDING WRITTEN NOTICE THEREOF TO THE OTHER PARTY.
For the purposes of notification of termination, the delivery of notice via e-mail shall be deemed a valid written and immediate form of notification.
Upon Termination
Upon termination of this Agreement, the Affiliate must immediately remove all the Banners and Text Links from the Affiliate's site and disable the link from the Affiliate's site to the Site. All rights and licenses given to the Affiliate in contemplation of this Agreement shall immediately lapse. If the Affiliate has failed to fulfill any of the Affiliate's obligations and responsibilities pursuant to this Agreement, BF will not pay the Affiliate the Commissions otherwise owing to the Affiliate on termination. BF reserves the right to withhold the Commissions payable for a reasonable time to ensure compliance with the terms of this Agreement and to further ensure that there have been no Charge Backs.
Should BF continue to permit Anglers from participating on the Site after termination of this Agreement, this shall not constitute a continuation of this Agreement nor shall it constitute a waiver of said termination, and Affiliate shall have no further claims or rights against BF.
Commercial Use Only
This Program is for commercial use only, and the Affiliate, his/her family members, friends and associates may not enter into a transaction, directly or indirectly, through the Affiliate's Tracker for the Affiliate's own personal use or to fraudulently increase the Commissions payable to the Affiliate. If the Affiliate wishes to run test transactions to evaluate the system, please contact manager@BountyRewards.com in order for BF to refund the charges once the Affiliate has completed the said testing.
Transactions made in violation of this provision will be deemed Fraud Traffic and BF will deduct the Fees from the Affiliate's Commissions.
6 .Indemnity
The Affiliate shall defend, indemnify, and hold BF, its directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with:
(a) Any breach by the Affiliate of any provision contained in this Agreement;
(b) The performance of the Affiliate's duties and obligations under this Agreement; and
(c) The Affiliate's negligence or any injury caused directly or indirectly by the Affiliate's negligent or intentional acts or omissions, or the unauthorized use of the Banners and Text Links or this Program.
Disclaimers
BF makes no express or implied warranties or representations with respect to the Program, including, without limitation, its functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, BF makes no representation that the operation of the Site will be uninterrupted or error-free and BF will not in any way be liable for the consequences of any interruptions or errors.
Relationship of Parties
BF and the Affiliate are both independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate shall have no authority to bind BF, or make or accept any offers or representations on behalf of BF. The Affiliate will not make any statement, whether on the Affiliate's site or otherwise, that reasonably would contradict anything stated in this paragraph.
Limitation of Liability
In no case will BF be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if it has been advised of the possibility of such damages. Furthermore, BF's aggregate liability arising with respect to this Agreement and the Program will not exceed the total Commissions paid or payable to the Affiliate under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Any liability arising under this Agreement shall be satisfied solely from the Commissions generated by this Agreement and shall be limited to direct damages.
Independent Investigation
THE AFFILIATE ACKNOWLEDGE THAT THE AFFILIATE HAS READ THIS AGREEMENT AND AGREES TO ALL OF ITS TERMS AND CONDITIONS. THE AFFILIATE UNDERSTANDS THAT BF MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH THE AFFILIATE'S WEB SITE. THE AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS PROGRAM AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
7. Miscellaneous
Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Quebec. Each party hereby irrevocably attorns to the non-exclusive jurisdiction of the courts of the Province of Quebec, district of Montreal in connection with any disputes which (a) may result from, arise out of, or relate to this Agreement and (b) may be brought in such courts. Each party hereby irrevocably waives (and irrevocably agrees not to raise) any objection which it may now or hereafter have to the laying of the venue of any proceedings in any such courts and any claim that any such proceedings have been brought in an inconvenient forum. Judgment in any such proceedings in such court shall be conclusive and binding upon the parties and may be enforced with courts of any other jurisdiction.
Waiver
No waiver of the provisions hereof shall be valid unless in writing and signed by the party to be bound and then only to the extent therein set forth. No failure or delay by any party in exercising any right or remedy hereunder shall operate as a waiver thereof, and a waiver of a particular right or remedy on one occasion shall not be deemed a waiver of any other right or remedy or a waiver on any subsequent occasion.
Remedies
The exercise by BF of any right, recourse or remedy herein or otherwise provided, shall not preclude it from exercising any other right, recourse or remedy, it being agreed that all of its rights, recourses and remedies under or in respect of this Agreement or any other deed or document shall be cumulative and not alternative. The Affiliate further acknowledges, confirms, and agrees that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of BF's rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
Severability
If any provision of this Agreement or the application thereof to any person or circumstances is held to be invalid, illegal or unenforceable to any extent, this Agreement shall be reformed to render the Agreement valid and enforceable while reflecting to the greatest extent permissible the intent of the parties.
Language
This Agreement has been drafted in the English language at the express request of the parties. Cette convention a été redigée en langue anglaise à la demande explicite des parties.
IN WITNESS WHEREOF, the Affiliate expressly agrees to the terms and conditions of this Agreement by downloading the Banner and Text Links and creating a link from the Affiliate's site to the Site.
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