Affiliate Program Terms of Agreement

This Affiliate Program Agreement (the "Agreement") is made by and between Cooking God's Way ("CookingGodsWay.com", "Cooking God's Way"), and you, as an Affiliate utilizing the Cooking God's Way 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 Service as an Affiliate. By signing up, You indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not signup as an Affiliate.

The following agreement is summarized as follows:

PRIVACY POLICY

Cooking God's Way 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 sales@cookinggodsway.com.

DEFINITIONS

"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. Affiliates use CookingGodsWay.com to facilitate relationships with Merchants as well as gain tracking, reporting, and receipt of commission payment.

"Visitor" means any person, or user that clicks on an Affiliate Link/Banner Ad to CookingGodsWay.com placed on an Affiliate's Web site.

"sale commission" means the Payout set that Cooking God's Way agrees to pay for Visitors referred that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 30 days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.

"Payout" means the amount of sale commission that Cooking God's Way agrees to pay for an individual measurable action. The Payout is defined as a percentage of a total sale amount.

"Commission" means the amount sale commission that Cooking God's Way agrees to pay for an individual measurable action. The Payout is defined as a percentage of a total sale amount.

"Affiliate Link/Banner Ad" means a specially encoded hyperlink or banner ad placed on an Affiliate's site that, when clicked on, sends a Visitor through to the Cooking God's Way website via redirection. Links take many forms including text, buttons, banners etc. and must be obtained from within Your Affiliate account at CookingGodsWay.com

"VOID" means a reversal of a Payout previously earned for a sale that is later rescinded or corrected by Cooking God's Way. Cooking God's Way may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.

"Your Account" means a specific account within the Service, where Commissions are credited.

LINK PLACEMENT

As an Affiliate of CookingGodsWay.com, you may place and remove Links/Banner Ads on Your site and in acceptable locations.

AFFILIATE PAYMENT

You will receive a Commission for sending authorized sales to CookingGodsWay.com via Your Affiliate Links/Banner Ads. In order to place Links, You must first fill out the affiliate application and be approved by Cooking God's Way to become an Affiliate. You understand that the Payout amount may be changed at any time. This information is also available to You on Your Account page at the CookingGodsWay.com Affiliate Area. You are responsible for determining if the Payout for a Link You have placed on Your site has changed. Payments are made monthly, via PayPal, when Your account balance reaches $1.00 or more for the previous months' transactions. You are responsible for providing the correct PayPal account email upon signup. CookingGodsWay is not responsible for payouts not received due to in correct information given. Money credited to Your Account does not accrue interest. In the event of a VOID, CookingGodsWay.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 CookingGodsWay.com

EMAIL CONTACT

Cooking God's Way reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service.

CHANGES TO THE SERVICE

CookingGodsWay.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, CookingGodsWay.com will notify You via e-mail and/or the Affiliate Program 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

To sign up as an Affiliate of CookingGodsWay.com and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and fill out an affiliate application with required information.

The following types of sites are not allowed:

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 CookingGodsWay.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 Cooking God's Way may rely on any data, notice, instruction or request furnished to CookingGodsWay.com by You which is reasonably believed by CookingGodsWay.com to be genuine and to have been sent or presented by a person reasonably believed by Cooking God's Way to be authorized to act on Your behalf. You shall notify CookingGodsWay.com by e-mail at sales@cookinggodsway.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 CookingGodsWay.com and referral to the appropriate law enforcement agencies.

ACCEPTED USE

You represent to CookingGodsWay.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 Cooking God's Way may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate, You may not artificially inflate traffic counts to Merchant site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners to purchase products and receive commission.

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, leads, or clicks to the related Merchant for that Link.

Cooking God's Way RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF the Cooking God's Way affiliate program. If You are terminated from the Service, Cooking God's Way has the right to withhold money You earned within the Service and You will not be allowed to re-join.

LIMITED WARRANTY

The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. CookingGodsWay.com will make reasonable commercial efforts to keep its transaction service operational during normal business hours. 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 Cooking God's Way liable for any of the consequences of such interruptions. Cooking God's Way 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. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.

LIMITATION OF LIABILITY

Cooking God's Way 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 CookingGodsWay.com SERVICE OR ANY INFORMATION PROVIDED ON THE CookingGodsWay.com WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF a CookingGodsWay.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, CookingGodsWay.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 Cooking God's Way, 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 agree to indemnify, defend, and hold harmless CookingGodsWay.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.

NON-DISCLOSURE

Cooking God's Way acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. CookingGodsWay.com agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of CookingGodsWay.com, that becomes available to CookingGodsWay.com from third parties without knowledge by CookingGodsWay.com of any breach of fiduciary duty, or that Cooking God's Way had in its possession prior to the date of this Agreement. CookingGodsWay.com does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. CookingGodsWay.com reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as Cooking God's Way deems appropriate.

OWNERSHIP AND LICENSES

You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Merchant provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of Cooking God's Way, 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 Cooking God's Way 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. Cooking God's Way may immediately terminate Your license to use the marks if it 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 Cooking God's Way. 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.

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