Quiet Time Productions, LLC
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Sale Commission: 15.00 %
Tracking Cookie lasts for 60 Days after the initial clickthru.
Campaign Start Date: 20-Nov-09
Auto-Approval of Affiliates: No
Last Compliance Test Completed: 01/28/2010 01:56:51 PM
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Merchant provided description:
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Grandpa Read's Quiet Time Tales is a great new series of DVDs in the tradition of Mister Rogers' Neighborhood and Reading Rainbow. Designed for children ages 2-8 and featuring classic children’s stories, original illustrations and charming songs, Quiet Time Tales is relaxing entertainment for children.
Parents who are tired of having their children wound up by frenetic cartoons and video games love the calm that Quiet Time Tales bring to the day. Grandparents who remember reading their favorite fairy tales to their children enjoy the chance to bring these classics into the lives of their grandchildren. The complete collection of Quiet Time Tales includes 60 stories on 12 DVDs. Each DVD is 55 minutes in length (more than twice as long as Leap Frog or Baby Einstein!) and features Grandpa Read reading stories aloud from his rocking chair beside a warm fireplace in his den in Cozy Cove. Each DVD includes five 10-minute versions of classic children’s tales like Cinderella, Robin Hood, The Three Bears and more. Every episode is beautifully enhanced with dozens of warm, colorful illustrations. And each DVD contains a charming original song that will delight children of all ages. This truly unique series comes packaged as individual volumes and in a beautiful 12-DVD gift box. There is also a CD containing all 13 songs from the collection. That’s 14 different products on which our affiliates can earn commissions! Program Details
Quiet Time Tales is a high quality product that affiliates can feel good about and it is well-positioned in the recession-resistant children’s entertainment market. |
Merchant provided Terms of Agreement:
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Quiet Time Tales Affiliate Program
Standard Terms and Conditions
1. Introduction.
This legal document describes the rights and obligations of the parties under this affiliate agreement (“Agreement”)
2. Definitions
Unless otherwise explicitly defined or stated in this Agreement, the following definitions will be agreed:
“QTP,” “Merchant” and “Company” shall refer to Quiet Time Productions, LLC including its officers and agents.
“Affiliate” shall refer to the affiliate marketing partner who is party to this agreement.
“IP” or “Intellectual Property” shall be defined as all of the intellectual property, trademarks and copyrightable products of Quiet Time Productions including but not limited to the trademarks “Grandpa Read” and “Quiet Time Tales” and any images, materials, software and products of the company.
“Program” shall be defined as the affiliate program set and up and managed via the Share-A-Sale affiliate management system.
A “Referral” shall be defined as any visit to the Quiet Time Productions website (QuietTime.com) which bears the electronic signature of the Affiliate as provided by Share-A-Sale.
“Commission” shall be defined as the money that Quiet Time Productions agrees to pay to Affiliate in the event of a sale which was referred by that same Affiliate.
3. Commencement
This Agreement shall come into force upon the Affiliate’s acceptance in the Program and shall remain in effect until terminated by either party.
4. Termination
The Affiliate is entitled to terminate this Agreement with immediate effect at any time. Upon termination, Affiliate must cease all activities related to the Program and delete all links to linked websites and, for the avoidance of doubt; the Affiliate shall not be entitled to receive any Commission on any Referrals made after the termination date.
Quiet Time Productions is entitled to terminate this Agreement and/or suspend the Affiliate from the affiliate program at any time, giving 7 days notice as to planned action.
The Affiliate shall acquire no rights following the termination of this Agreement to use Intellectual Property of Quiet Time Productions – including the trademarks ‘Grandpa Read’ and ‘Quiet Time Tales’ or the domain names or any text, or images, banners or any other works created by or for Quiet Time Productions, LLC.
5. Payment.
a. Payment Methodology
QTP will make payments to the Affiliate under one payment method only. QTP uses the capabilities provided within Share-a-Sale to make payments to Affiliates under this payment methodology. Unless otherwise noted and agreed in writing, the standard Affiliate payment procedure of Share-a-Sale will determine the timing of any payments.
b. General
Affiliates will receive payment for any action that is payable by QTP. In the event of a system problem at the Share-a-Sale site that results in an Affiliate not being paid, it will be up to the sole discretion of QTP after having discussed the matter with Share-a-Sale as to what compensation if any is to be paid to the Affiliate. No compensation will be made for clicks or sales from the time QTP or Share-a-Sale has made due notice of the problem in its Affiliate Control Area.
Share-a-Sale provides the Affiliate with a detailed real time reporting system showing commission that is pending, approved or void. The Affiliate agrees to regularly check his reports to ensure that the commission shown is correct. QTP accepts no responsibility for any errors or omissions and their consequential implications which are not notified to us in writing within a 4 week period. This four week period begins on the day that the sale/action which generates the commission took place. While QTP will do everything in its power to correct any errors or omissions which may occur, QTP will not be liable for any of these which are not brought to our attention within the 4 week period as detailed above.
In the event of any Affiliate fraud or forbidden actions as defined in section 8 below, all transactions in the Affiliates account will be reversed. In addition QTP is entitled to recover any payments made before fraud has been detected. QTP reserves the right to take legal or criminal action against the companies and individuals involved.
The Affiliate is responsible for the payment of all tax and government obligations on any payments made to him/her by QTP or Share-a-Sale.
6. Email
Affiliate agrees that they will not engage in spamming, unlawful mass emailing or any unapproved emailing or in any way fail to comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any additional legislation), and/or any other rules, laws or regulations that govern email marketing and advertising. Affiliate agrees that their promotional activities will not infringe on QTP’s protected business rights, including but not limited to copyright and trademark rights.
7. Datafeeds
QTP will provide affiliates with datafeed access to the QTP product catalog. In as much as is possible, QTP will provide tools to assist with keeping fresh content on Affiliate sites, including widgets, external tools and other media.
8. Affiliate Restrictions
a. No software downloads or technology that may be used to intercept, redirect or divert traffic and/or referral fees from QTP properties are allowed. This restriction includes browser helper objects (BHOs), spyware, adware, “parasiteware” and similar products.
b. The Affiliate may not use links to QTP in software programs without first submitting a full copy of the software for review by QTP. If a program is accepted to promote QTP products via Share-a-Sale Affiliate must also notify Share-a-Sale of any major changes to the way the program is used. Programs that may not be acceptable include any program that perform functions such as reporting back user activity, displaying advertisements over or on sites that belong to Quiet Time Productions or any of its other affiliates, and programs that interfere with other Affiliates websites in any fashion. If you are in any doubt please contact QTP so we may audit your program before you join the Affiliate program.
c. Traffic Exchanges, auto-surfing or pay-to-surf promotions, pop-ups, pop-unders, and other seen or unseen setting of cookies are NOT allowed.
d. Domain squatting or using misspellings of the QTP trademarks or copyrights as your top level domain names is prohibited.
e. Use of any of the trademarks of Quiet Time Productions – including but not limited to “Quiet Time Tales,” “Grandpa Read” and “Shhhh… it’s Quiet Time” or any misspellings thereof – in any activity such as paid search, search engine optimization, or other similar or related product marketing activity is strictly forbidden unless agreed to in writing by Quiet Time Productions.
f. QTP prohibits the use of its properties, banner or other products on sites that are link farms or banner farms, i.e. there is no content on the site other than lists of text links or banners.
9. Intellectual Property
QTP owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the product, services or software associated with the Company. The Affiliate does not acquire any rights or licenses whatsoever under this Agreement other than to use links to Linked Websites on the terms of this Agreement.
10. Sublicensing
The rights of the Affiliate under this agreement are may not be sublicensed, transferred or otherwise conferred on another party without the express written consent of QTP.
11. Legal Content and Approval.
The Affiliate is solely responsible for his/her website and all its contents and shall ensure that they conform at all times to all applicable laws and regulations. If the Affiliate is based outside of the USA then they must also undertake to ensure their website is compliant with the laws of the USA and other applicable jurisdictions.
The Affiliate shall not use his/her links with any website/service that is not registered with or notified Quiet Time Productions.
12. Indemnification.
The Affiliate shall keep QTP indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate's website or any incorrect information given to QTP or Share-a-Sale by the Affiliate. The Affiliate shall also compensate QTP for any other damages or costs caused by the Affiliate's improper, negligent or unauthorized use of QTP’s products or Share-a-Sale service and technical problems or loss of data caused by the Affiliate on QTP’s website or on any website to which the Affiliate is linked by QTP.
13. Liability - System failure, viruses, damages, downtime.
QTP shall not be liable to the Affiliate for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Affiliate Tracking Service or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever.
Under any circumstances, the total liability of QTP to the Affiliate including in contract and tort (including the tort of negligence shall not exceed $500 (five hundred US dollars).
14. Affiliates Information.
The Affiliate consents to the publication of the Affiliate's name, web address, email, performance statistics, etc on the QTP website or within any of its corporate or marketing materials.
15. New York State Affiliates clause
If Affiliate is based in New York State or has office(s) located within New York State, QTP will only allow Affiliate to promote QTP brand(s) and/or web site(s) via Affiliate's web site. Affiliate may not promote QTP or its products through any other marketing channel that targets NYS residents, including, but not limited to: paid search marketing, e-mail marketing, offline marketing, (including flyers and physical newsletters), lead generation, mobile marketing or telemarketing.
Affiliates in New York State may use these methods to market their own website, as long as the ad copy, email, or other marketing collateral does not mention the QTP directly.
16. Amendments to the Standard Terms and Conditions
QTP reserves the right to amend and update these Terms and Conditions at any time giving notice of when changed terms are posted on the Share-a-Sale website via an area of the site to which the Affiliate has access or in an email/newsletter.
17. Applicable Law
This Agreement is subject to the laws of the United States and shall be subject to the exclusive jurisdiction of the US courts.
If any dispute arises out of this Agreement the Parties will attempt to settle it by a mediation procedure as the parties may agree in writing.
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