Bulk Candy Store Affiliate Agrement

. BULK CANDY STORE AFFILIATE AGREEMENT

This Affiliate Service Agreement (the "Agreement") is made by and between Mickey Shanks, Inc d/b/a/ Bulk Candy Store, a Florida, USA corporation ("BCS", “We”, “US”), and you, as an Affiliate wishing to promote BCS products ("You", "Your", "Affiliate").

You agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for the BCS affiliate program you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use register as a BCS Service as an Affiliate. Only by agreeing to the Terms and Conditions outlined in this agreement is permission granted to use and advertise the BCS web site and affiliate software. All violations of this agreement will be pursued to the full extent allowed by law,

1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your BCS Affiliate 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. You are only eligible to earn referral fees on sales occurring during the term.

2) Becoming a BCS Affiliate

a. Eligibility.
BCS will only knowingly allow parties to become Affiliates that can lawfully enter into and form contracts under applicable law. The Affiliate Program is not intended for anyone under the age of 18. You must have and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.

b. Creating an Account.
To become an Affiliate and be able to participate in the Affiliate Program, you must enroll by completing the BCS Affiliate Program registration form and creating an Affiliate account ("Account") with BCS through its online registration process.

c. Contact Information.
You must provide BCS with complete and accurate contact and payment information when you open an Account. You are responsible for timely notifying Bulk Candy Store if any of your contact or payment information changes. If you do not provide Bulk Candy Store with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Affiliate Program.

3) Your Responsibilities: Failure to comply with all or any of the following rules and regulations will result in the forfeiture of your commission and the immediate termination of your Affiliate account. BCS reserves sole judgment in determining fraud or other violation of the terms of this agreement. You are solely responsible for:

Placing ads and text links on your Web site or email, as you see fit, providing those placements do not violate the terms of this agreement.
Ensuring that your business activities and your website content meet our affiliate guidelines, as specified in this Agreement.
Posting links/graphics on your website and checking them frequently to ensure they are in proper working order
Ensuring that all materials posted on your website are not libelous or otherwise illegal
Submitting to us a list of any additional websites where you plan to post BCS links for approval at affiliates@bulkcandystore..com
Updating all contact, payment, and website information via your administrative page and ensuring that your site complies with all applicable copyright and other laws.
Developing your own branding, company logo, and business. You may not mislead a consumer by misrepresenting yourself as BCS

You may not:

Use any computer or other electronic device to send an unsolicited advertisement (“SPAM") to an electronic mail address of an individual with whom you lack a preexisting and ongoing business or personal relationship, unless you have received an express invitation or consent/permission from that individual. You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense
Misleading consumers in pay-per-click search engine titles or descriptions. The title, description, and/or content must clearly indicate that the link leads to the BCS Web site.
Provide inaccurate, misleading, or defamatory information, or make any guarantees about BCS or the services it provides.
Charge a fee to your website visitors to link to BCS website or services
Take part in, associate with, or otherwise become involved in any activity or operation that diminishes the image or reputation of BCS
Offer incentives and/or compensation to consumers in exchange for lead submission.
Post links to BCS at places other than your website or emails. All other uses, such as newsgroups, chat rooms, instant messaging services, message boards, banner networks, hit farms, counters, or guestbooks etc. are prohibited.
Place any ads in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
Post any BCS advertising on any site displaying Pornographic material, Hate speech, Vulgarity, promoting illegal activity, such as Warez or Hacking or other generally inappropriate materials. BCS reserves the right to demand immediate removal of links from ANY site it deems as inappropriate

Failure to abide by these rules can result in immediate termination from the program with a complete forfeit of commissions.

4) Our Responsibilities: We will be responsible for providing any and all information necessary for YOU to make appropriate Links from your site to the BCS web site. We will be solely responsible for processing orders placed by a customer following a referral from your site, for tracking the volume and amount of sales generated by YOU, and for providing information to you regarding sales statistics. The form, content and frequency of such information may vary from time to time at our discretion. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.

5) Commissions: BCS agrees to pay you commissions based on a percentage of the Net Revenue of any sales at generated at bulkcandystore.com as a direct result of a link from YOU which contains your individual affiliate link code. As defined herein, Net Revenue shall mean gross sales revenue collected from purchases on the BCS site in accordance with the terms of the Program, less all taxes, discounts, shipping and handling charges, cancellations, returns, fraudulent transactions, charge backs and other similar charges. The percentage paid in commissions depends upon the plan YOU choose at time of registration. These plans and percentages are as follows:

Cash Plan: We will pay you 8% of Net Revenues (as defined above).

Candy Plan: You will receive 12% of the Net Revenues (as defined above) in the form of a gift certificate for the BCS Website.

You will be paid your commissions as follows:

Cash Plan: When the total commission payment(s) due to you reaches a minimum of $25.00 at the end of any calendar quarter, you will be paid the applicable commission (less any taxes required to be withheld under applicable law). Commissions shall be paid via PayPal approximately 2 weeks after the end of each quarter. If payment by PayPal is not possible, payment will be made by company check, which will be sent approximately 30 days after the end of each calendar quarter and will be paid in US Dollars only. However, if the commissions due to you for any calendar quarter are less than $25, we will hold such commissions until the total amount due at the end of a calendar quarter is at least $25 or (if earlier) until this Agreement is terminated.

Candy Plan: When the total commission payment(s) due to you reaches a minimum of $25.00 at the end of any calendar quarter, you will be paid the applicable commission (less any taxes required to be withheld under applicable law). Commissions shall be paid via a bulkcandystore.com gift certificate which will be sent to the email address YOU provide at registration. Gift certificates will be emailed approximately 2 weeks after the end of each quarter. If the commissions due to you for any calendar quarter are less than $25, we will hold such commissions until the total amount due at the end of a calendar quarter is at least $25 or (if earlier) until this Agreement is terminated.

6)   Reports of Sales Reports of Sales: Upon registration, you will choose a password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis. 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 BCS 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 BCS immediately if you become aware of any other breach or attempted breach of the security of your Account

7)   Policies and Pricing: Customers who buy BCS products through the Affiliate Program will be deemed to be customers of BCS. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and BCS 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 our products sold under the Affiliate Program in accordance with our own pricing policies. Prices and availability of our products may vary from time to time. Because price changes may affect products that you already have listed on your site, you may not 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

8)   Modification: We may modify any of the terms and conditions contained in this Agreement, with a three (3) business day notice, and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, 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.

9) Privacy: BCS respects the privacy of its users and will not disclose personal information to third parties without the express permission of You. If You have any questions please contact affiiates@bulkcandystore.com

10) Ownership and Licenses: You, the Affiliate, are granted a non-exclusive, limited, revocable right to use BCS provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the BCS, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain BCS’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.

BCS may immediately terminate Your license to use the marks if BCS reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the BCS. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge BCS’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the BCS.

11) Spyware: We will refuse all applications or signups from affiliates which we believe participate in spyware, adware or parasite ware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions.

12) 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 to this Agreement.

12) 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.

13) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Florida, County of Palm Beach, 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.

14) Force Majeure: Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.