Terms and Conditions
Updated: February 5, 2010
This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the Kevinhogan.com Affiliates Program (the “Program”). As used in this Agreement, “we” means Kevinhogan.com aka Network 3000 Publishing Co., and “you” means the applicant. “Site” means a World Wide Web site and, depending on the context, refers either to Kevinhogan.com’s site, located at the URL www.kevinhogan.com, or to any site that you will link to our site (and which you will identify in your Program application).
- Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promote illegal activities
- include “kevinhogan,” any other trademark of kevinhogan.com or its affiliates, or variations or misspellings of any of them, in their URLs to the left of the top-level domain name (e.g., “.com”, “.net”, “.uk”, etc.) — for example, a URL such as “kevinhogan.mydomain.com”, “kevinhgoan.com” or “kevinhoganauctions.net” would not be acceptable.
- otherwise violate intellectual property rights
By participating in the Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
- Links on Your Site
Once you have been notified that your site has been accepted into the Program, you may provide on your site one or more of the following types of links to our site:
Product Links: You may select one or more Products to list on your site. A “Product” is any product listed on our site that is fulfilled by us, or any product sold by a third party seller on our site. You will provide a Special Link (as defined below) from each Product reference on your site to the corresponding kevinhogan.com online catalog entry. Each such link will connect directly to a single item in our online catalog. You may add or delete Products (and related links) from your site at any time without our approval.
Text Links: You may provide a kevinhogan.com text link on your site that will permit your site visitors to link directly to a product on our site.
We will provide you with guidelines and graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special “tagged” link formats to be used in all links between your site and our site (called Special Links hereafter) You must ensure that each of the links between your site and our site properly utilizes such special link formats. You will earn referral fees only with respect to activity on our site occurring directly through these Links; we will not be liable to you with respect to any failure by you to use these 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.
You acknowledge that, by participating in the Affiliates Program and placing any of the above links within your site, kevinhogan.com may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the kevinhogan.com program constitutes your specific and unconditional consent to and authorization for kevinhogan.com’s access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in kevinhogan.com’s Privacy Notice (we do not share or sell visitor’s information.)
In addition, you acknowledge that we may crawl or otherwise monitor your site for the purpose of ensuring the quality and reliability of Links on your site (for example, to detect links that are broken or non-functional, links to products that are out of stock or otherwise unavailable, etc.). Therefore, you agree that we and our corporate affiliates may take such actions and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we and our corporate affiliates may use technical means to overcome any methods used on your site to block or interfere with such crawling or monitoring).
- Order Processing
We will process Product orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We reserve the right to reject orders that are fraudulently placed in any way. We reserve the right to investigate suspicious or fraudulently placed orders. 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. We will track sales made to customers who purchase Products by using Special Links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.
- Referral Fees
We will pay you referral fees on certain Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site to our site, and add the Product to his or her shopping cart and complete the purchase. The session ends upon one of the following events: (a) 24 hours elapses from the customer’s initial click-through, (b) the customer orders the Product, or (c) the customer follows a third party’s Special Link. We will only pay referral fees on such Products after order, payment and shipping have occurred.
We will not, however, pay referral fees on any Products that are added to a customer’s Shopping Cart after the customer has reentered our site (other than through a Special Link), as determined by us, even if the customer previously followed a link from your site to our site. In addition, gift certificates are not eligible to earn referral fees.
In addition, any customer sale that includes a discount coupon obtained through the ezine ‘Coffee with Kevin Hogan’ is ineligible for affiliate commissions, as the sale is a direct sale from Coffee with Kevin Hogan. If a sale is deemed ineligible, you will be notified via email of the adjustment.
In addition, any customer sale that includes any discount coupon is ineligible for affiliate commissions. If a sale is deemed ineligible, you will be notified via email of the adjustment.
In addition, certain products are ineligible for affiliate commissions and will not be featured products in the affiliate program and will not have text or banner links available for your use. (example: “Breakthrough Copywriting” is ineligible for affiliate commissions.) If a product is ineligible for affiliate commissions but is part of a customer sale made from a link from an affiliate, that portion of the sale will be deducted from the order and the affiliate commission will be adjusted. Affiliate will be notified by email if such an adjustment is made.
You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives, or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. Products that are eligible to earn referral fees under the rules set forth above are referred to as “Qualifying Products.”
In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access our site (e.g., by implementing any “rewards” program for persons or entities who use Special Links on your site to access our site); (b) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (c) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (d) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (e) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; (f) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any “framing” technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action; (g) attempt to circumvent the referral fee schedule or artificially increase your referral fees (e.g. by intentionally featuring, purchasing or requesting or encouraging any third party to purchase low-price items offered on our site (as determined by us) for the purpose of exceeding any referral fee threshold); (h) attempt to intercept or re-direct (including, without limitation, via user-installed software) traffic from or on, or divert referral fees from, any web site that participates in the Program; or (i) seek to purchase or register any keywords, search terms or other identifiers that include the word “kevinhogan” or variations thereof (for example “kevin hogan”, “kevinhgoan”, etc.) for use in any search engine, portal, sponsored advertising service or other search or referral service. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.
- Referral Fee Schedule
For Qualifying Products sold during sessions initiated through Special Links on your site, you will earn (subject to the other terms of this Agreement) referral fees in accordance with the “Fee Structure” described below.
For Qualifying Products sold during sessions initiated through Special Links on your site, you will earn (subject to the other terms of the Agreement):
(a) 35% of Qualifying Revenues as defined below from the sale of each Individually Linked Product that, on the date of order, is listed in our catalog and that is added to the customer’s shopping cart directly from the first page that results from following a Special Link to the Individually Linked Product. You should note that only certain items can qualify as “Affiliate Program Products” and no other products are eligible for this referral fee percentage, regardless of whether such products are individually linked on your site. Qualifying revenues for products include the price the customer pays for the item, minus shipping costs.
(b) 25% of Qualifying Revenues as defined below from the paid registration of a qualifying live event. Qualifying revenues include the tuition price of the event minus applicable expenses, including catering costs.
(c) 30% of Qualifying Revenue as defined below from the paid fees of a Program Licensee. Qualifying revenues include the paid membership fee of the licensee.
- Referral Fee Payment
We will pay you referral fees on a monthly basis. At the end of each month, we will either (a) send you a check for the referral fees earned, or (b) send you a gift certificate good for purchase of Products through our site, subject to our standard terms or conditions. If you select payment via kevinhogan.com gift certificate, we will accrue and withhold referral fees until the total amount due is at least $10.00. Referral fees begin to accrue 75 days after a sale to allow for returns and chargebacks. Check payments will only be made to affiliates who provide proper and valid TIN’s (Taxpayer Identification Number).
- Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of Kevinhogan.com. Accordingly, all Kevinhogan.com rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, prices may only be shown when we serve those prices through our “Product Links”, as applicable. You may not otherwise include price information in your Product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
- 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 and all related equipment
- creating and posting Product descriptions on your site and linking those descriptions to our catalog
- the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials)
- ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- ensuring that materials posted on your site are not libelous or otherwise illegal
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 our acceptance of your Program application 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 our site, and all kevinhogan.com 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 our 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.
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 our site. 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 OUR 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.
- Limitation of Liability
We will not 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 we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
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 our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
- Independent Investigation
BY SIGNING UP FOR THE PROGRAM, 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.
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 Minneapolis, Minnesota, 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 Minnesota (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.
This Agreement will be governed by the laws of the United States and the state of Minnesota, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Click Here to Sign Up Now!
By signing up, you agree to the terms and conditions of this program.
Thank you for your interest in the Kevinhogan.com Affiliate Program!
Your application should be approved within 24 hours–we will notify you if we run into a problem with your application. Upon approval, you will be provided with the administration panel and instructions.
The Affiliate Program Staff