This agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the CBI affiliate program.
1. Eligibility
To become an affiliate of Cherry Blossoms, Inc. (CBI) you must submit an application via our site. Your account is active immediately. You will also receive a piece of HTML which you need to include to your site(s) page(s). We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we decide (at our sole discretion) that your site is unsuitable for the Program. Some reasons to not be accepted are:
.Promote violence;
.Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
.Promote illegal activities;
.Attempt to copy and/or assume the creative or business identity of CBI in any manner; and/or,
.Otherwise violate intellectual property rights.
You should also note that if we accept your application and at a later stage decide, at our sole discretion, that your site is unsuitable for the Program, we may terminate this Agreement at any time.
2. Links on Your Site
To permit accurate tracking and reporting, we will provide you with a unique tracking link to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such affiliate link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such affiliate link formats are referred to as "affiliate links". You will only earn referral fees with respect to activity on our site occurring directly through affiliate links. We will not be liable to you with respect to any failure by you to use affiliate 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.
3. Referral Fees
Blossoms will pay you a commission fee (the 'Commission Fee') on each
Qualifying Subscription to the Service purchased during the Term.
'Qualifying Subscription' means a first-time subscription purchased by a
customer using a registration to Blossoms.com that he or she created after
linking to the Blossoms.com Site from the sponsoring Web site via an
Integration. Subscriptions to or purchases of additional services
(including, but not limited to, services such as visa service or advice
services) are intentionally excluded from the definition of Qualifying
Subscription and no commission fees shall be paid to Participant on the
basis thereof. The amount of the Commission Fee will be 85% of the initial
purchase price of a Qualifying Subscription. Based on Blossom.com's
standard subscription prices as of August 22, 2011, the Commission Fees
would be:
1-month Subscription: Price - $29.95 85% Commission - $25.45
3-month Subscription: Price - $49.95 85% Commission - $42.45
6-month Subscription: Price - $79.95 85% Commission - $68.00
1 year Subscription: Price - $119.95 85% Commission - $102.00
In addition to the 85% Commission Fee set forth above, a Participant who
generates more than 30 Qualifying Subscriptions in any particular calendar
month will earn an additional 25% Commission Fee, for a total Commission
Fee of 105% of the initial purchase price of all Qualifying Subscriptions
generated during such month. For example:
1-month Subscription: Price - $29.95 85% Commission - $25.45 25% Bonus
$7.50 - Total Commission $32.95
3-month Subscription: Price - $49.95 85% Commission - $42.45 25% Bonus
$12.50 - Total Commission $54.95
6-month Subscription: Price - $79.95 85% Commission - $68.00 25% Bonus
$19.95 - Total Commission $87.95
1 year Subscription: Price - $119.95 85% Commission - $102.00 25% Bonus
$29.95 -Total Commission $ 131.95
Please note that the tables above are for illustrative purposes only, as
Blossom.com's subscription prices are subject to change at any time
without notice and in Blossom.com's sole discretion. In addition,
Blossom.com may offer special pricing and discounts in its sole
discretion. Commission Fees are calculated based upon the actual
subscription price paid. Blossom.com has no obligation to revise this
Agreement when it changes its subscription fees and/or offers special
pricing or discounts. No Commission Fee will be paid on re-subscriptions
or auto-renewals of existing Qualifying Subscriptions. If a Qualifying
Subscription for which a Commission Fee is paid to Participant is later
refunded or charged back, the relevant Commission Fee will be deducted
from the next payment sent to Participant following such event. In
addition, charge backs and refReferral Fee Paymentunds will be counted against the aggregate
number of Qualifying Subscriptions in determining eligibility for the top
performer bonus. Please note that Blossom.com reserves the right to change
any of the terms and conditions in this Agreement, including the payment
terms described in this Section 4, by posting a new agreement on the
Affiliate Web site, as described below in more detail in Section 8.
4. Referral Fee Payment
Referral fees are paid in US Dollars. Your referral fee will be paid to you once a month by the company check by CBI. Minimum payment is $50.
5. Limited License
We grant you a non-exclusive, revocable right to use the graphic images and texts provided for Affiliates on the Affiliates Web Site and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. You may create your own images to promote the Program. We reserve all of our rights in the graphic images and texts, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
6. Responsibly of Affiliates
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You will be solely responsible for:
.The technical operation of your site and all related equipment
.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.
7. 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, for any reason, 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 CBI 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. We may withhold your final payment in a case of the breach of this Agreement.
8. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, effective by posting on the Site. Modifications may include, for example, changes in the size of available referral fees, referral fee schedules, payment procedures, and Program rules. Your continuous promotion of the Program will imply your agreement with such modification. If you disagree with such modifications, you must immediately discontinue your participation in the Program and remove and remove from your site, all links to our site, and all CBI's 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.
9. 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.
CB may use your name or URL in connection with your participation in the program in materials including but not limited to postings on our site, newsletters, advertisements, and other communications.
10. Limitation of Liability
CB 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.
11. Disclaimer
We make no express or implied warranties or representations with respect to the Program or any services provided through the Site (including, without limitation, warranties of usability, accuracy, timeliness, or fitness for a particular purpose). 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.
12. Other rights
All rights that are not granted herein are reserved.
