RunningMeets.com Affiliate Program - Terms and Conditions
Thank you for your interest in our affiliate program. RunningMeets.com is solely owned and operated by 5 Speed Running LLC. As used in this Agreement, "we", "us", or "our" means 5 Speed Running LLC and "you†means the affiliate participant. "RunningMeets.com Site" means the site that has its primary home page identified by the URL www.RunningMeets.com, and "site" means a World Wide Website. "Your site" means any site that you will link to the RunningMeets.com Site.THIS AFFILIATE AGREEMENT ("Agreement") is the complete terms and conditions by and between 5 Speed Running LLC and any individual's or entity's participation in the RunningMeets.com Affiliate Program (the "Program") through the 3rd party affiliate manager, E-Junkie ("E-Junkie").
Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for RunningMeets.com affiliate program, you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the RunningMeets.com affiliate program.
Unsuitable Sites
By participating in the Program you confirm/agree that you do not and will not engage in any activities which:
- promote sexually explicit materials promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promote illegal activities include "runningmeets.com," in any part of their domain name. For example, a URL such as "runningmeets.mydomain.com" would be unsuitable and otherwise violate intellectual property rights.
Link Placement
You will only run approved links and text on your website and will NOT create your own banners or advertising text or modify any "approved links" provided by runningmeets.com, unless expressly approved in writing by us. Violation of this forfeits your commissions. You WILL NOT SPAM or send unsolicited email mentioning or promoting the advertisements. Any violation of this will result in your being liable for any damages that arise out of such spamming.
We will provide you with guidelines and graphical artwork to use in linking to the Runningmeets.com Site. To permit accurate tracking, reporting, and referral fee accrual, we, in conjunction with E-Junkie, will provide you with special "tagged" link formats to be used in all links between your site and the Runningmeets.com Site. You must ensure that each of the links between your site and the Runningmeets.com Site properly utilizes such special link formats. Links to the Runningmeets.com Site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to activity on the Runningmeets.com Site occurring directly through Special Links; we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Order Processing
We will process Product orders placed by customers who follow Special Links from your site to the Runningmeets.com Site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. E-Junkie will track sales made to customers who purchase Products by using Special Links from your site to the Runningmeets.com Site and will make available to you reports through your E-Junkie account summarizing this sales activity. The form, content, and frequency of the reports may vary according to the management discretion of E-Junkie.
Referral Fees and Commissions
We will pay you a 10% referral fee for every sale generated through the Special Links on your website. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site to the Runningmeets.com Site, add the Product to his or her shopping cart, and complete the transaction within 180 days of the click-through. Quarterly commission checks are mailed to the address you provide.
Identifying Yourself as an affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: the technical operation of your site, all related equipment, and ensuring that materials posted on your site are not libelous or otherwise illegal, ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
Term of the Agreement
The term of this Agreement will begin upon your placing a special link on your website to Runningmeets.com and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the RunningMeets.com Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on sales of Qualifying Products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Runningmeets.com. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE RUNNINGMEETS.COM SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Runningmeets.com Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
If any provision of this Agreement is held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this Agreement will not be affected thereby.
Governing Law
This Agreement shall be construed and governed in accordance with the laws of the State of California without regards to conflict of laws principles.
