Affiliate Sign-up Form

Affiliate sign-up

Affiliate Sign-up Form
Account information
Referrer ID
Email	*
Website URL	*

Personal information
First name	*
Last name	*
Company
Street	*
City	*
State/Province	*
Country	*
ZIP/Postal Code	*
Phone number	*
Tax SSN/EIN (USA only)

Additional information
Commission Check Payable To:	*

ID of affiliate that told you about our affiliate program
terms of service This Agreement is entered between Atlantic Innovations, LLC d/b/a TooTimid.com, 2 Townsend West, Nashua, NH 03063(referred to as "we," "us" or "our") and the affiliate (referred to as "you" or "your"). In consideration of the terms and conditions in this Agreement, the parties agree as follows: Important Notice: You are not allowed to market via email. If you do so, it will result in a forfeiture of all commissions. 1. ENROLLMENT To become an affiliate in our affiliate program (the "Affiliate Program"), you must submit a completed application through our website at TooTimid.com. The completed application must include the specific website that you wish to enroll in our Affiliate Program. Once your application is received, we will evaluate your application and your website to determine, in our sole discretion, whether to accept or reject your application. We may reject your application if we determine that your website promotes illegal activities, promotes violence, promotes discrimination or violates intellectual property rights, or for any other reason, at our sole discretion. We will notify you regarding the acceptance or rejection of your application. 2. LINKS TO OUR WEBSITE If we notify you that your application is accepted, then we will provide you with link formats and graphics for links from your website to our website (collectively "Our Links"). You may provide one or more of Our Links on your website. To permit accurate tracking, reporting and referral fees, you must follow our guidelines and formats. We will not be liable for any referral fee payment to you with respect to any referrals that result from one of Our Links that do not properly follow our guidelines and formats. In addition, your failure to follow these guidelines will be grounds for us to terminate this Agreement. You may install one of Our Links to our home page or to the order form for any product offered for sale on our website. Our product prices change from time to time; therefore, you may not include the price of any product on your website. Finally, no link(s) may be made to TooTimid.com where you advertise with a third party (ie. pay per clicks), use tootimid (or any variation thereof) in a url or create pages with text and graphics as TooTimid.com, unless they are banners and text links provided to you through our affiliate program. This also includes, but is not limited to, tootimid, too timid, too timid dot com, or any other variation of our name. Failure to observe these rules will result in forfeiture of all commissions and may result in expulsion from the TooTimid.com affiliate program. 3. IDENTIFYING YOURSELF AS AN AFFILIATE You must use graphics or text provided by us to identify your website as an Affiliate Program participant. We may provide you with modified graphics from time to time. You agree to install the modified graphic to replace the older graphic promptly after receipt. You may not distribute any press releases regarding your participation in this Affiliate Program without our prior, written consent. You may not misrepresent or embellish the relationship between you and us. You may not express or imply any affiliation between you and us except as previously approved in writing by us. You may not express or imply to anyone that we support, endorse or sponsor any of your products or services. 4. ORDER PROCESSING We will process all orders placed by customers on our website. We reserve the right to reject any orders, in our sole discretion. We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping, cancellations, returns and related customer service. 5. REFERRAL FEES A. We will track your "Identified Customers" (as defined below) and the volume of sales generated from such Identified Customers. We will pay you referral fees based on the purchases made by Identified Customers who purchase the product using our ordering system, accept delivery of the product, and make full payment to us. For purposes of this Agreement, "Identified Customer" shall mean a customer that, in good faith, (a) purchases products after directly linking from your website to our website through one of Our Links, and (b) is identified and tracked through a unique identifier by us as being from your website. B. You will earn referral fees on sales prices according to the schedules that we establish. Sales prices do not include costs for shipping, handling, taxes. C. Failure to observe the rules in this agreement, discontinue promoting TooTimid.com all together or if changes are made to the way TooTimid.com is positioned or promoted on the site that significantly reduces it's exposure may result in forfeiture of all commissions. 6. PAYMENT Commission checks shall be mailed, via USPS First Class Mail, by the 7th of every month for the previous month’s orders. Checks will be mailed, and made payable, to the name and address entered with the initial application. Any changes in this information must be emailed to us prior to the end of each calendar month in order ensure timely payment for that month’s commission. Payments are issued to accounts that earn $50 or more per month. If you fail to earn $50 in commissions, your balance will be held over to the next month(s) until you reach the $50 minimum. 7. POLICIES AND PRICING Identified Customers are deemed to be customers of ours. Therefore, our rules, policies and procedures concerning orders, sales and customer service apply to the customers. We may change our policies or pricing at any time in our sole discretion. We may also change product prices and availability from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. 8. LICENSES We grant you a non-exclusive, non-transferable, revocable right to use our logos, trade names, trademarks and similar identifying material (collectively "Our Marks") provided to you by us hereunder, solely for the purposes anticipated by this Agreement. You agree to use Our Marks in a manner that will not disparage us or that otherwise portrays us in a negative light. We reserve all of our ownership, intellectual property and any other rights in Our Marks, our website, Confidential Information, and any other materials or information associated with any of the foregoing. We may revoke the rights granted to you pursuant to this section at any time by giving you written notice. You shall not obtain any rights in or to Our Marks. The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement. You grant us a non-exclusive license to utilize your name, logos, trade names, trademarks and similar identifying material (collectively the "Affiliate Marks") provided by you to us hereunder, solely for the purposes anticipated by this Agreement and to advertise, market, promote and publicize the Affiliate Program or your participation therein in any manner. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. We agree to use the Affiliate Marks in a manner that will not disparage you or otherwise portrays you in a negative light. You reserve all of your ownership, intellectual property and any other rights in the Affiliate Marks, your website, and any other materials or information associated with any of the foregoing. You may revoke the rights granted to us pursuant to this section at any time by giving us written notice. We shall not obtain any rights in or to the Affiliate Marks. This license shall terminate upon the effective date of the expiration or termination of this Agreement. 9. YOUR WEBSITE You are solely responsible for the development, operation and maintenance of your website and all content on your website. We reserve the right to monitor your website for compliance with the terms of this Agreement. 10. TERM OF AGREEMENT The Term of this Agreement begins upon our acceptance of your application and will end when terminated by either party. Either party may terminate this Agreement immediately at any time for any reason by giving the other party five (5) days prior written notice of termination. Upon termination, each party will immediately stop using, and will immediately remove from its website, all links to the other party's website and all of the other party's graphics, text, names, intellectual property and all other material provided by the other party. 11. MODIFICATION OF AGREEMENT We may modify or change any of the terms and conditions of this Agreement at any time, in our sole discretion, by posting a change notice or a new agreement on our website. IF ANY MODIFICATIONS ARE UNACCEPTABLE TO YOU, THEN YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. BY CONTINUING TO PARTICIPATE IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR A NEW AGREEMENT, YOU ARE ACCEPTING AND AGREEING TO THE CHANGE. 12. RELATIONSHIP OF PARTIES You and we are independent contractors. Nothing in this Agreement creates any partnership, joint venture, agency, franchise or employment relationship. You do not have authority to make or accept any offers, or to make any representations, on our behalf. 13. WAIVER OF CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY WE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES OR ATTORNEYS’ FEES AND COSTS ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND REGARDLESS OF WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. IN ADDITION, OUR TOTAL LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID, OR PAYABLE, TO YOU UNDER THIS AGREEMENT. 14. DISCLAIMER OF WARRANTY WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS AGREEMENT, THE OPERATION OF OUR WEBSITE OR ANY PRODUCT ADVERTISED OR SOLD ON OUR WEBSITE. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF PERFORMANCE, TRADE OR USAGE. ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY US AND WAIVED BY YOU. 15. CONFIDENTIAL INFORMATION. As a result of your participation in the Affiliate Program, we may disclose to you certain information that we consider to be confidential (herein referred to as "Confidential Information"). For purposes of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Agreement, any of our business and financial information, customer and vendor lists, pricing and sales information, and any members of the Affiliate Program, other than you. Confidential Information shall also include any other information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that you shall protect all such Confidential Information as you protect your own confidential information, but in no event with less than reasonable care. You further agree not to use the Confidential Information except as approved by us. The above restrictions are not applicable to Confidential Information that (a) is in your possession before disclosure to you by us, (b) is or becomes part of public knowledge unless as a result of your action or inaction, (c) is approved for release our written authorization, (d) is independently developed by you. In the event that you are required to disclose Confidential Information pursuant to a judicial or governmental order, you must promptly notify us and provide us with an adequate opportunity to respond to such order. 16. INDEPENDENT EVALUATION YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS AND AGREE TO ALL OF THE TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT THIS AGREEMENT HAS BEEN REVIEWED OR THAT YOU HAVE HAD THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY THE ATTORNEY OF YOUR CHOICE. YOU UNDERSTAND THAT WE MAY AT ANY TIME SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO, OR COMPETE WITH, YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED PARTICIPATING IN OUR AFFILIATE PROGRAM AND ACKNOWLEDGE THAT YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. 17. ASSIGNMENT You may not assign this Agreement. We may assign this Agreement in our sole discretion. 18. SEVERABILITY In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms. 19. CHOICE OF LAW AND FORUM The validity, construction and performance of this Agreement shall be governed by the laws of the United States and the Commonwealth of Massachusetts and/or the State of New Hampshire as if entered into and fully performed entirely within such state. All disputes under this Agreement shall be brought and determined exclusively in a court of appropriate jurisdiction in Massachusetts. 20. INDEMNIFICATION In the event you breach this agreement, you will be responsible for any and damages including, but not limited to, reasonable attorneys fees and costs, incurred as a result of your breach. You further agree that in the event we are sued by a third party or parties as a result of your entering into this Agreement or as a result of your performance or failure to perform under this Agreement that you will indemnify us and hold us harmless for any and all damages, including reasonable attorneys’ fees and costs incurred by us. You further acknowledge that monetary damages alone may not be sufficient to make us whole in the event of a breach of this Agreement by you and you therefore consent to the entry of equitable relief in the event such relief is requested by us in action to enforce the terms of this Agreement. If you are found to be liable to us for money damages of any kind as a result of your breach of this Agreement, you will pay us interest at the highest rate permitted by Massachusetts or New Hampshire law on any such award. 21. INTEGRATION This Agreement is the entire agreement between you and us. Any modification of this Agreement—other than a modification made by us in accordance with paragraph 11 of this Agreement—must be in writing and signed by both you and us. We have made no representation or warranty to you that is not contained within the four corners of this Agreement. In entering into this Agreement, you expressly acknowledge that you are not relying on any oral representation or warranty made by us. 22. CONFLICT WITH OTHER AGREEMENTS You agree that if the terms of this Agreement conflict with the terms of any other agreement you have entered into, the terms of this Agreement shall control. 23. NOTICES Any notices required to be given by you under this Agreement shall be made via certified or registered mail, return receipt requested, to Atlantic Innovations, LLC at the address listed above or any other address or addresses hereafter designated by us. 24. LIFETIME COOKIES/COMMISSIONS Although we do not set any expiration date on the cookie placed on user's browsers, we cannot control whether or not they delete their cookies from time to time. In the event a cookie is deleted, thus potentially not allowing us to accurately give you credit for the sale, we a not responsible. Any website not actively promoting us forfeits their right to all future commissions that our affiliate program may give you credit for due to a cookie still residing on the user's computer. I agree with the terms of service
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