Terms of Service
This Affiliate Service Agreement (the "Agreement") is made by and between Griebahn Industries, Inc., (Balloons Tomorrow), an Iowa, USA corporation ("BalloonsTomorrow.com"), and you, as an Affiliate intending to utilize the Balloonstomorrow.com website and service ("You", "Your", "Affiliate").
You must 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 Balloonstomorrow.com Service as an Affiliate. By signing up for Balloonstomorrow.com, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the Balloonstomorrow.com Service as an Affiliate.
The following agreement is summarized as follows:
* You place balloonstomorrow.com banners or links anywhere on your site as you see fit, or within non-spam emails.
* We might change or amend the service from time to time
* Adult, Hate, Illegal, Pornographic or other related sites are not allowed
* You will be paid your commissions, at such time as your account balance is $100 or more. No sale is valid until the product has actually shipped to the customer as we do not print an order or charge a customer until they have approved the proof.
* All statistics are collected and calculated by Balloonstomorrow.com, and will be the only valid stats used for determining commissions.
* Any page that contains Balloonstomorrow.com links, banners, or code must be written in English.
* As an affiliate, you can only have 1 account. Self-referrals for affiliate or merchant accounts are strictly prohibited.
* We only accept affiliates located in the United States, at this time
* Your physical address listed for receiving checks MUST be your actual address. Mail forwarding services is NOT allowed.
* You won't hold us liable for anything, a link to a non-Balloonstomorrow.com Web site for example does not mean that Balloonstomorrow.com endorses or accepts any responsibility for the content or the use of such Web site.
* 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.
* You may place banners or links within your newsletters, in content of your website, or within other web related content.
* Affiliate accounts that are left inactive for more than 180 days will be considered abandoned and subject to removal from our system. If an abandoned affiliate account has a balance of less than $50, a $5.00 administrative fee will be assessed once per calendar month, until the balance is equal to zero dollars - and the account will thereof be closed. If more than $50 the account will be paid by check and if no transactions are then posted within the next 90 days, the account will be closed. At no time will an affiliate ever owe monies to Griebahn Industries, Inc., (Balloons Tomorrow) based on fees - the account will simply be closed for inactivity once a balance is zero and the account is deemed inactive per our discretion. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, or has not placed any links on an appropriate website or not had any transactions posted to that account. If one or the other of those conditions are true - the account will remain in an active state.
* NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
* NOT ALLOWED: Any placement of creative 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.
* NOT ALLOWED: Any display of a merchant window that isn't the result of a direct click by the end-user.
* Failure to abide by these rules could mean termination from the Balloonstomorrow.com affiliate program with a complete forfeit of commissions.
* Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
* You are NOT allowed to participate in any pay-per-sale or pay per click programs that bids on keywords BalloonsTomorrow bids on without our written permission.
* You cannot refer to yourself as a Merchant with Balloonstomorrow.com nor is our endorsement of your website or business implied or given. Neither are you an employee or agent of BalloonsTomorrow.com or Griebahn Industries, Inc. You are an independent contractor and solely responsible both for your actions and any taxes on commissions you may earn.
Balloonstomorrow.com respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact affilliates (at) Balloonstomorrow.com.
Balloonstomorrow.com has developed and operates a service (the "Service") which allows Affiliates to participate in Marketing their products.
As an Affiliate of the Service, you may place and remove Links or Banners that point to BalloonsTomorrow.com on Your site and in acceptable locations.
You will receive a Commission for sending someone to our website that makes a purchase. You understand that the Payout amount may be changed at any time. This information is also available to You at the Balloonstomorrow.com Affiliate Member’s Area. You receive the Commission from Balloonstomorrow.com for a purchase made on our site by someone clicking through the affiliate link we provide you and the commission is automatically credited to your account 30 days after it is earned. Payments are made when Your account balance reaches $100 or more for the previous months' transactions. Money credited to Your Account does not accrue interest. In the event of a VOID by a Merchant, Balloonstomorrow.com may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to Balloonstomorrow.com. In any month you do not have at least $100 in commissions your commissions earned will roll over to the next month.
When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate username (or ID). Also, their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or they are using the same IP address as the one logged in the database.We track affiliate links using such cookies for a period of one year. However, we have no control over person deleting cookies or applying other methods that prevent us from placing a cookie or otherwise tracking them. In such a case, the click would not be tracked nor a commission earned. We have tested the system extensively to insure it properly tracks commissions. Purchase of gift certificates are automatically excluded from commissions. However in the event the system improperly credits a gift certificate purchase, the commission amount will be deducted from your account. No commissions earned will be payed until a minimum of 30 days has passed from the date the commission is earned to allow for customer returns. In the event of a return within the 30 day period the commission will be deducted from your account. (We do not generally except returns or make customer refunds for printed items however). An affiliate that earns more than $400 in an annual period will be required to complete a valid 1099 for tax purposes. Commissions will be withheld until receipt of the 1099 in such an event. Failure to complete the 1099 may result in revocation of affiliate status and lost of commissions owed. We do not pay commissions until you have earned at least $100.00.
Balloonstomorrow.com reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any Balloonstomorrow.com related products and services.
CHANGES TO THE SERVICE
Balloonstomorrow.com reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, Balloonstomorrow.com will notify You via e-mail, newsletter or the Balloonstomorrow.com Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.
REGISTRATION AND TERMS
To sign up as an Affiliate of Balloonstomorrow.com and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.
You must have a valid website. Affiliate websites are approved at our discretion.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN Balloonstomorrow.com: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide Balloonstomorrow.com with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that Balloonstomorrow.com may rely on any data, notice, instruction or request furnished to Balloonstomorrow.com by You which is reasonably believed by Balloonstomorrow.com to be genuine and to have been sent or presented by a person reasonably believed by Balloonstomorrow.com to be authorized to act on Your behalf. You shall notify Balloonstomorrow.com by e-mail at affiliates (at) Balloonstomorrow.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Balloonstomorrow.com and referral to the appropriate law enforcement agencies.
These terms will begin upon your signup with the affiliate program and will end when your affiliate account is terminated by you or by us. The terms of this agreement may be modified by us at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
You represent to Balloonstomorrow.com that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Balloonstomorrow.com may not review all information provided by You, You shall remain solely responsible for Your content and Web site.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales to BalloonsTomorrow.com.
Balloonstomorrow.com RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF Balloonstomorrow.com. If You are terminated from the Service, Balloonstomorrow.com has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join Balloonstomorrow.com.
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Balloonstomorrow.com DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Balloonstomorrow.com SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BalloonsTomorrow.com will make reasonable commercial efforts to keep its transaction service operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold BalloonsTomorrow.cm or Griebahn Industries, Inc. liable for any of the consequences of such interruptions. BalloonsTomorrow.com SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. BalloonsTomorrow.com SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF BalloonsTomorrow.com HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF BalloonsTomorrow.com HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY Affiliate AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
Balloonstomorrow.com OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE Balloonstomorrow.com SERVICE OR ANY INFORMATION PROVIDED ON THE Balloonstomorrow.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Balloonstomorrow.com OR A Balloonstomorrow.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Balloonstomorrow.com's LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that Balloonstomorrow.com, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, jointly and severally agree to indemnify, defend, and hold harmless Balloonstomorrow.com and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
Balloonstomorrow.com agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to Balloonstomorrow.com's negligence or willful misconduct in performance of the Services or its breach of this Agreement.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use BalloonsTomorrow.com provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of BalloonsTomorrow.com, 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, tradenames and service marks related to the foregoing shall remain balloonsTomorrow.com'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.
BalloonsTomorrow.com may immediately terminate Your license to use the marks if BalloonTomorrow.com 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 BalloonsTomorrow.com above. 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 BalloonsTomorrow.com'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 BalloonsTomorrow.com.
Balloonstomorrow.com makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-Balloonstomorrow.com Web site does not mean that Balloonstomorrow.com endorses or accepts any responsibility for the content or the use of such Web site.
Affiliate or Balloonstomorrow.com may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
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.
This Agreement shall be governed by Iowa, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Iowa, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.