TheBittyBreeze.com Affiliate Program Agreement

This Agreement contains the terms and conditions that apply to an individual or entity’s participation in the TheBittyBreeze.com Online Affiliate Program. As used in this Agreement, "we" means TheBittyBreeze.com, and "you" means the participant.

If you would like to participate in TheBittyBreeze.com Affiliate Program, please complete and submit our online Application Form. You must agree to these Terms and Conditions in order to complete the application process.

TheBittyBreeze.com reserves the right to accept or reject any company requesting to be part of our Affiliate Program. We will reject applications related to websites that:

• Promote violence – especially against women and children
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age (especially menopausal women!)
• Promote illegal activities or are intended to harass or defame anyone
• Include “thebittybreeze” or “theittybittybreeze” or variations or misspellings thereof in their domain names or
• Otherwise violate our intellectual property rights or the intellectual property rights of others.

Linking 
Once we have received your application and confirmed you as an affiliate, we will provide you with the guidelines and links to use in linking to our site. To ensure accurate tracking, reporting and commissions, we will provide you with special tagged link formats (“Special Links”) to use in all links between your site and our site. Please make sure every link between your site and our site – text or graphical – is a Special Link. You will earn commission only on sales that originate through Special Links. We will not be held liable for your failure to use TheBittyBreeze.com links.

We will supply you with a variety of Special Links to use on your site, incuding:

• Text links
• Banner links
• Small ads
• General link to our website home page

You may choose which ones you want to use. If you’d like us to design something special for your site in a particular size or style for your audience, please don’t hesitate to ask!

Use of Materials 
We grant you permission to use the graphic images and text we supply solely for the purpose of identifying your site as a participant of TheBittyBreeze.com Affiliate Program and to assist in generating sales.

We reserve all rights to any graphic image and text, or any other images, our trade name and trademark. You may not use any product image in any way that exceeds the limited license granted to you. This limited license allows you to use product images solely for the purpose of promoting our products for sale by creating Links connecting your website to our Website. This means, among other things, that you may not: (a) alter, modify or manipulate any product image; (b) use a product image in any form other than the form provided by us; (c) remove any code or identifying information from any product image; (d) inactivate the link associated with any product image or cause the image to ultimately link to a destination other than our website; or (e) link to or display images after you are no longer a participant in TheBittyBreeze.com Affiliate Program.  

Restrictions and Prohibited Activity 
You may not directly or indirectly:  

(a) Purchase or register domains or search engine keywords, AdWords, search terms or other identifying terms that include the words "The Bitty Breeze" or "TheBittyBreeze.com," “The Itty Bitty Breeze,” “TheIttyBittyBreeze.com” or any variations thereof.

• Variations include foreign country or other top-level domain extensions. In addition to the foregoing, you must register or establish the following negative keywords with each search engine from which you purchase or register keywords: "The Bitty Breeze," "TheBittyBreeze.com," “The Itty Bitty Breeze,” and “TheIttyBittyBreeze.com.” Specifically, this policy prohibits you from purchasing or registering domains or search terms such as, but not limited to, the following:
• Our trademarks, "The Bitty Breeze," "TheBittyBreeze.com," “The Itty Bitty Breeze,” and “TheIttyBittyBreeze.com,” and any keyword string that includes these terms, for example, "The Bitty Breeze bittys," "TheBittyBreeze.com fans," "The Bitty Breeze and fans," "The Itty Bitty Breeze and fans," etc.;
• Variations or misspellings of our trademarks such as: "bitty breeze," "the bitty breze," "the biddy breeze,” “thebitty-breeze.com", "bitty-breeze," "www.thebittybreeze," "ww.thebittybreeze.com," "thebittybreeze.cm," "bitty-breeze.com," www.bittybreze.com, “wwwthebittybreeze.com,” "itty bitty breeze, " "the itty bitty breze," "the iddy biddy breeze,” “theittybitty-breeze.com," "ittybitty-breeze," "www.theittybittybreeze," "ww.theittybittybreeze.com," "theittybittybreeze.cm," "ittybitty-breeze.com," “www.ittybittybreze.com,” “wwwtheittybittybreeze.com,” etc.; or
• Any form of our trademarks, or any variation or misspelling thereof, in connection with foreign country or other domain extensions.

(b) Use or display "TheBittyBreeze.com" or "TheIttyBittyBreeze.com," or any misspellings or variations thereof, in either the copy/advertisement or the display URL for paid search listings. Variations include foreign country or other top-level domain extensions; 
 
(c) You must follow common search engine guidelines, such as: (a) your display URL must match the ultimate actual destination URL; (b) you may not frame our website as a landing page; or (c) you may not create "redirects" or "jump pages" that immediately direct to our website;  
 
(d) Dilute, blur or tarnish the value of our trademarks, and/or products and services.

(e) Misrepresent TheBittyBreeze.com's brands including our URL, logos, trademarks and tradenames, or misrepresent that either you or your website are TheBittyBreeze.com or operated by TheBittyBreeze.com.; 
 
(f) Engage in any conduct that violates the CAN-SPAM Act of 2003, as amended, or any similar privacy or data protection law of any jurisdiction; 
 
(g) Enable any sales to be made that are not in good faith, including, but not limited to, by means of any device, program, robot, Iframe, hidden frame or redirect; 
 
(h) Use any device or technology that will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner a Web user's access, view or usage of, the website of any affiliate of ours in a manner that causes or otherwise results in a different experience from what was otherwise intended by our affiliate; or  
 
(i) Use any device or technology that will block, alter, direct, redirect, substitute, insert, append itself to, or otherwise intercept or interfere in any manner with any click through or other traffic-based transaction that originated from the website of any affiliate of ours with the result of reducing any compensation or other payment earned by or owing to such affiliate. 
 
(j) Issue or post any press release or other broad-based communication regarding your participation in the Program without our consent. Notwithstanding the foregoing, you may promote your website via mailings to recipients who are already customers or subscribers to your website's services, provided that the recipients have the option to remove themselves from future mailings and that you otherwise comply with all applicable laws of your jurisdiction. Further, you may promote your website via newsgroup postings to newsgroups that specifically welcome commercial messages (when in doubt, consult the newsgroup FAQ or moderators to be sure that such a message is acceptable in that newsgroup). 
 
We reserve the right to modify these rules at any time. If we determine, in our sole discretion, that you have violated any of the foregoing restrictions, we may (without limiting any other rights or remedies available to us) withhold any commission otherwise payable to you under this Agreement and/or terminate this Agreement. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys' fees incurred in connection therewith.  

Use of our Trademarks 
Our trademarks include "TheBittyBreeze.com," and "TheIttyBittyBreeze.com" (the "Trademarks"). You may use the Trademarks solely for the purposes authorized by this Agreement. You may not alter graphics containing the Trademarks in any manner. For example, you may not change the proportion, color, or font of the Trademarks. You may not display the Trademarks in any manner that implies sponsorship, endorsement by us other than of your involvement in the Program. You may not use the Trademarks to disparage our company, our products or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our goodwill in the Trademarks. You acknowledge that all rights to the Trademarks are our exclusive property, and all goodwill generated through your use of the Trademark will inure to our benefit. 
 
If we determine, in our sole discretion, that you have violated any of the foregoing restrictions, we may (without limiting any other rights or remedies available to us) withhold any commission otherwise payable to you under this Agreement and/or terminate this Agreement. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys' fees incurred in connection therewith  

Order Processing, Policies and Pricing 
We will be responsible for all aspects of order processing and fulfillment. We will process product orders placed by customers who follow a Special Link from your website to our website. We reserve the right to reject any order that does not comply with our requirements. Customers who purchase products through this Program will become customers of TheBittyBreeze.com. All rules, policies, customer service and product sales will apply to those customers. We will track sales made to customers who purchase products using Special Links from your website to our website 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 at our discretion. We may change our policies and procedures at any time and prices and availability may vary.

Commissions 
We will pay commissions on orders that are placed on a click through from your site, including any extra sales as a result of that click through. Commissions will be paid only after an order is fully processed and paid. You will earn 15% on all referral sales of the total qualifying revenue, which excludes costs for shipping, handling, returns and bad debt. Any customer returned products will be deducted from the next check. Checks will be sent out quarterly, unless the total of the commissions is more than $100.00 in one month, in which case the check will be sent out within 10 days of the following month.

Terms of the Agreement 
The term of this Agreement shall begin upon our acceptance of your Affiliate Program application and shall end when terminated by either party. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party written notice of termination.

If this Agreement is terminated, you will immediately cease use of, and remove from your site, all links to our site, and all of TheBittyBreeze.com trademarks, trade dress, logos, and all other materials provided by or on behalf of us to you in connection with the Program.

All commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may hold your final payment for a reasonable time to ensure the correct amount is paid and that all Bitty Breeze links and identity have been removed from your site.

Modification 
We may modify any of the terms and conditions contained in this Agreement at any time by providing you a written change notice or new agreement. Terms may be changed or updated at any time, but you will find the most recent version on our website. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our site shall constitute binding acceptance of the change

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. Furthermore, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement.

You hereby agree to indemnify and hold harmless TheBittyBreeze.com, Inc. and its shareholders, partners, and members against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (a) any claim that your use of any trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (c) any claim related to your acts, omissions or website not attributable to us.  

Disclaimers 
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. Neither party shall be liable to fulfill its obligations hereunder, or for delays in performance, due to causes beyond its reasonable control, including, but not limited to, acts of God, acts or omissions of civil or military authority, fires, strikes, floods, epidemics, riots or acts of war.

Miscellaneous 
This Agreement will be governed by the laws of the United States and the State of Kentucky. Any action relating to this Agreement must be brought in the federal or state courts located in Frankfurt, Kentucky, and you consent irrevocably to the jurisdiction of such courts. 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.

Independent Investigation 
BY CLICKING THE BOX ON THE APPLICATION FORM, 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 ACCEPT AFFILIATES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. 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.  
 

Click the box on the Application Form if you agree with the terms of this document.