MyMovingNeeds.com Affiliate Program - Terms and Conditions

1. Enrollment
   To begin the enrollment process, you will submit a complete Affiliate Program Application via our web site. We will notify you of your acceptance or rejection. We may reject your site, at any time, if we determine (at our sole discretion) that it is unsuitable for the Affiliate Program for any reason. As the owner/Operator of a site participating in the MyMovingNeeds.com and Affiliate Program you agree not to incorporate any images or content in said site including, but not limited to, images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable, such as sites that facilitate illegal activity, depict sexually explicit images; are a credit repair site; are bail bond companies; are investigative companies (i.e., private investigators); are Attorneys; is any company or individual who is known to have been involved in credit fraud or other unethical business practices; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights (collectively "Content Restrictions"). If we reject your application for any of the above-mentioned reasons, you have the right to reapply to the Affiliate Program at any time thereafter, if you have remedied the problem.
2. Utilizing Our Links on Your Site
   As an affiliate site ("Affiliate Site"), we will make available to you banner advertisements for our site, button links to our site and/or text links to our site, which may contain MyMovingNeeds.com or logos and identifying words (these links sometimes being referred to herein collectively as "Links", or individually as a Link"), which, subject to the terms and conditions hereof, you may display on your site. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. All Affiliate Sites shall display such graphic images prominently throughout your site as you see fit and with our consent. You shall not alter, modify or expand the links in any way; however, a Link may be modified and/or expanded with our written consent. Each Link connecting users of your site to our site will in no way alter the look, feel or functionality of our site. We have the right at our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
3. Commissions
   We will pay you a commission of $2.00 for every valid quote request submitted by each unique visitor sent to MyMovingNeeds.com from your website. Affiliates have the chance to increase this commission based on a 90 day review of the quality and the volume of submitted requests. For the purposes of this agreement "submitted request" shall mean completing a request for a moving quote on the MyMovingNeeds.com system. Visitors must submit a request to receive a moving estimate on MyMovingNeeds.com for an affiliate to be paid. The Commission Rate is subject to change at any time or from time to time, at our sole and absolute discretion. You will be notified of any change in the Commission Rate via the email address you provide us. A commission will only be paid if the visitor to our site is tracked by the system from the time of the link to the time of the sale. No commission will be paid if the visitor to our site cannot be tracked by our system. Only moves, for which we have received a valid application, and reports that are provided by us (to users of your site) through links to our site will qualify for a commission. For a move submission to generate a commission, the customer must follow the link from your site to our site, and completely post a move. The following scenarios are presented for the purpose of illustration only and we maintain the sole right to determine when and if a commission payment is due: (i) if a visitor comes to our site once from a link from Site A, but does not submit a valid quote request and then later returns to our site from a link from Site B, where they then submit a valid quote request - all commissions will be paid to Site B; (ii) if a visitor comes to our site from Site A, but does not submit a valid quote request and later returns directly to our site to submit a valid quote request no commission will be paid.
4. Commission Payment We will pay you commissions on a monthly basis. Approximately 30 days following the end of each calendar month, we will send you a check for the commissions earned based on leads generated from visitors referred by your site.
5. Reports of Sales You will be given a password and have the ability to enter a password protected site to receive your statistics on a daily basis.
6. Non-Exclusive Limited License and Use of MyMovingNeeds.com and Logos and Trade
   We grant you a non-exclusive, nontransferable, revocable right to (i) access our site through links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trade and similar identifying material (collectively "MyMovingNeeds.com"), solely for the purpose of sending traffic from your site to MyMovingNeeds.com. You may not alter, modify or change the MyMovingNeeds.com logo or in any way. You are only entitled to use the MyMovingNeeds.com logo and link to the extent you are a member, in good standing, of the Affiliate Program.
   You shall not make any specific use of any MyMovingNeeds.com for purposes other than directing web traffic, without first submitting a sample of such use to us and obtaining our prior written consent. You agree not to use the MyMovingNeeds.com in any manner that is disparaging or that otherwise portrays MyMovingNeeds.com in a negative light. We reserve all of our rights to the MyMovingNeeds.com website and, and all other intellectual property rights. We may revoke the rights granted to you pursuant to this section at any time by giving you written notice.
   The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement.
7. Non-Exclusive Limited License and Use of Affiliates Logos and Trade
   You grant us a non-exclusive license to utilize your names, titles, logos, and trade (collectively the "Affiliate "), and to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trade and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
   This license shall terminate upon the effective date of the expiration or termination of this Agreement.
8. Publicity
   You shall not create, publish, distribute or permit any written material that makes reference to us, without first submitting such material to us and receiving our written consent.
9. 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. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You hereby represent and warrant to us that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trade, privacy, or other personal or proprietary rights), and that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law.
10. Term of the Agreements
    The term of this Agreement will begin upon our acceptance of your Affiliate 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 notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice for to terminate this Agreement. Upon such notice, you agree to promptly destroy or return to MyMovingNeeds.com all artwork pertaining to MyMovingNeeds.com or in your possession or control and you shall immediately remove from your site any or all MyMovingNeeds.com or , links to the MyMovingNeeds.com or site, and all references to MyMovingNeeds.com, and their respective sites. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated because your site becomes subject to the Content Restrictions set forth in Section 1, you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
11. Modification
    We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion. Notice of any change by the e-mail address you provided, to your address on our records, or the posting on our site of a change notice or a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. 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, will constitute binding acceptance of the change.
12. Relationship of Parties
    You and MyMovingNeeds.com 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.
13. Limitation of Liability
    We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement, the Affiliate Program, MyMovingNeeds.com's performance, performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
    The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
14. Disclaimers
    We make no express or implied warranties or representations with respect to the Affiliate Program or any Product or other items sold through the Affiliate Program. 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.
15. Representations and Warranties
    You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
16. Confidentiality
    We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purposes of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to MyMovingNeeds.com or , customer and vendor lists relating to MyMovingNeeds.com or , and pricing and sales information for MyMovingNeeds.com or and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement.
    You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, customer conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
17. Indemnification
    You hereby agree to indemnify, defend and hold harmless MyMovingNeeds.com and , whose services are provided by MyMovingNeeds.com, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trade infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) or any claim related to your site.
18. 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 COMPETITIVE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
19. Miscellaneous
    This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Orange, California and you irrevocably consent 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 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.
20. Email Choice/Opt-Out Policy
    If you use Email to market our products you must do the following:
    • (i) Your users are given the opportunity to opt-out of having their information used for purposes not directly related to your site at the point where you ask for the information. For example, our order form has an opt-out mechanism so users who buy a product from us, but don't want any marketing material, can keep their email address off of our lists.
    • (ii) Your site gives the user the option to direct that you not share user information with third parties and/or to change the users profile information.