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Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.
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Terms and Conditions
Affiliate Terms and Conditions To be an authorized affiliate of GrowStats, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the GrowStats service as an affiliate. By signing up for the GrowStats Affiliate Program, you indicate your acceptance of this agreement and its terms and conditions. The GrowStats Affiliate Agreement ("Agreement") sets forth the terms and conditions under which GrowStats makes the GrowStats Affiliate Program ("Affiliate Program") available to you. By becoming a GrowStats Affiliate and using the Affiliate Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Affiliate Program. GrowStats reserves the right to add, delete and/or 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 GrowStats Web Site. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the GrowStats Web Site will constitute binding acceptance of the changes. 1. General Rules 1.1 As an Affiliate you will continue to be bound by the GrowStats Terms of Service and the GrowStats Privacy Policy. For purposes of clarity, the Affiliate Program is deemed part of the "GrowStats Services," and all initially-capitalized terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service and/or the Privacy Policy, and any disputes you may have resulting from your participation in the Affiliate Program will be subject to the dispute provisions in the Terms of Service. In the event of an inconsistency between this Agreement and the GrowStats Terms of Service this Agreement shall control. 2. Becoming a GrowStats Affiliate 2.1 Eligibility. GrowStats will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may participate in the Affiliate Program only under the supervision and consent of a parent or legal guardian who agrees to be bound by this Agreement. The Affiliate Program is not intended for children under the age of 13. 2.2 Opening an Account. To become an Affiliate and have the right to participate in the Affiliate Program, you must enroll in the Affiliate Program by opening an Affiliate account ("Account") with GrowStats through its online registration process. 2.3 Contact Information. You must provide GrowStats with accurate and complete contact and payment information when you open an Account. You must immediately notify GrowStats if any of your contact or payment information changes. If you do not provide GrowStats with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Affiliate Program. 2.4 Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify GrowStats immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify GrowStats immediately if you become aware of any other breach or attempted breach of the security of your Account or the GrowStats Service. 3. Your Obligations 3.1 You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of GrowStats and third parties. 3.2 Special Links. As a member of the Affiliate Program, GrowStats will provide you with special "tagged" link formats ("Special Link(s)") to be used in linking to the GrowStats Web Site. The Special Links will permit tracking, reporting, and commission calculations. You must ensure that each of these links properly utilize the Special Link formats. You will only earn commissions on activities occurring on the GrowStats Web Site if such activity was originated from properly formatted Special Links. GrowStats will not be liable to you for any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts, which may otherwise be paid to you pursuant to this Agreement. 3.3 Use of Special Links. GrowStats will provide you with the Special Links and graphical artwork to use in linking to the GrowStats Web Site. You must use the Special Links in accordance with the terms and conditions in this Agreement and the Affiliate Guidelines. The Special Links will include, without limitation, one or more of the following types of links to the GrowStats Web Site: * (a) Portal Page Links * (b) Category Links * (c) Search Results Link * (d) Banner Links * (e) General Link To GrowStats Home Page * (f) Product Links 4. Customers Purchasing Via the Affiliate Program. 4.1 Order Processing and Reporting. GrowStats will process all product orders placed by customers who follow Special Links to the GrowStats Web Site ("Customers"). GrowStats reserves the right to reject orders that do not comply with any requirements that GrowStats has and may periodically establish. GrowStats will be responsible for all aspects of order processing and fulfillment. Among other things, GrowStats will prepare order forms, process payments and handle customer service. GrowStats will track sales made to Customers who purchase products using Special Links from your web site to the GrowStats Web Site and will make available to you reports summarizing sales activity. GrowStats will use commercially reasonable efforts to present accurate information in the reports, but GrowStats cannot guarantee the accuracy of the reports. 4.2 Customers. Customers who buy products through the Affiliate Program will be deemed to be customers of GrowStats. Accordingly, all of the GrowStats rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. GrowStats may change the GrowStats policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your web site. GrowStats will use commercially reasonable efforts to present accurate information, but GrowStats cannot guarantee the availability or price of any particular product. 4.3 Affiliates may ONLY receive credit when referring themselves ONE time. This is for testing purposes. If you refer yourself more than once it will not be counted toward your commissions. 5. Affiliate Commissions and Reporting. 5.1 Affiliate Commissions. GrowStats will pay you commissions in accordance with this Agreement and the Affiliate Commission Schedule ("Commissions"). The Affiliate Commission Schedule is incorporated herein by this reference. GrowStats Affiliates can earn commissions on the following types of transactions: (a) GrowStats will pay you a commission on qualifying sales originating from Special Links on your web site or web space in accordance with the then current Affiliate Commission Schedule; 5.2 Payment of Commissions. (a) Payment Terms. GrowStats will pay you Commissions via PayPal on a monthly basis. Within 60 days following the end of each calendar month, GrowStats will send you a payment for the Commissions you have earned for the relevant month. However, if the Commissions payable to you for any month are less than $10.00, GrowStats will hold your Commissions until the total amount due is at least $10.00 or until this Agreement is terminated. 6. Limited Licenses. 6.1 GrowStats License to You of Logo and Links. GrowStats grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by GrowStats, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant and to assist in generating Commissions. In addition, GrowStats grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your web site or web space to the GrowStats Web Site and promoting the sale of products on the GrowStats Web Site. All product images must be served by the GrowStats Web Site and cannot be used in any form other than the form provided by GrowStats. You may not modify the graphic images or text, or any other of the GrowStats images, in any way. GrowStats may revoke your license at any time by giving you written notice. GrowStats reserves all of its rights in the graphic images, text, any other images, GrowStats trade names and trademarks, and all other intellectual property rights. Any and all rights in and to GrowStats's intellectual property shall inure to the benefit of GrowStats. 7. Indemnification. As you are bound by the Terms of Service in using the Affiliate Program, you must indemnify, defend and hold GrowStats harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the Affiliate Program in accordance with the Terms of Service. You must also indemnify, defend, and hold GrowStats harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that GrowStats' use of any images provided via your web site or web space infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b)any claim related to your web site, including, without limitation, content therein not attributable to GrowStats. GrowStats may withhold any Commissions that it owes you if you have to indemnify GrowStats. 8. Term and Termination. 8.1 Term. The term of this Agreement will begin upon GrowStats's acceptance of your Affiliate Program application and will end when terminated by either party. 8.2 GrowStats Termination. In its sole discretion, with or without notice to you, GrowStats may terminate your participation in the Affiliate Program and terminate your Account. If GrowStats determines, in its sole discretion, that you are abusing the system, the GrowStats Service and/or the GrowStats Affiliate Program, GrowStats may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any Commissions payable to you. 8.3 Your Termination. You may terminate your Account for any reason at any time by logging into the GrowStats partner area and deleting your partner profile. 8.4 Effect of Termination. You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. GrowStats may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the GrowStats Web Site, product images from the GrowStats database, all GrowStats trademarks, trade dress and logos, all Special Links, and all other materials provided by or on behalf of GrowStats to you pursuant hereto or in connection with the Affiliate Program. These terms and conditions were last changed and are effective as of: June 12, 2010 By signing up as a GrowStats affiliate you acknowledge and agree to these terms and conditions.
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