Affiliate Service Agreement

This Affiliate Service Agreement (the “Agreement”) is made by and between PromotingMom, LLC, a Colorado Limited Liability Company (“PromotingMom?, ?We?, ?Our?), and you, as an Affiliate user of the PromotingMom Affiliate Program (“You”, “Your”, “Affiliate”). To be an authorized Affiliate of PromotingMom, You agree to abide by the terms and conditions contained in this Agreement, which is a binding legal agreement. Please read this Agreement carefully before registering and using the PromotingMom Affiliate Program. By signing up for PromotingMom Affiliate Program (?Program?), you enter into and accept this Agreement and its terms and conditions. If You do not accept the terms and conditions of this Agreement, do not sign up for the PromotingMom Affiliate Program.

Enrollment in the Program - You may submit a completed Program application to begin the enrollment process. Your submission of an application to the Program constitutes Your acceptance to the terms set forth in this Agreement. We will evaluate Your application and notify You of PromotingMom’s acceptance or rejection of You as an Affiliate . We may reject your application for any reason, in our sole discretion,..

Regardless of your acceptance in the Program, we may terminate this Agreement for any reason, at any time, in our sole discretion. The terms of this Agreement and our acceptance criteria are subject to change at any time without prior notice. If your Application is not accepted, you may reapply to the Program at any time; however, you should not and may not link to our site unless you are approved for the Program and in full compliance with the terms and conditions of this Agreement.

Terms of the Agreement – The term of this Agreement (?Term?) will begin upon Our acceptance of Your Affiliate 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 written notice of termination, including email communication. Upon termination, You will promptly remove all PromotingMom-related content and links from Your site. You are only eligible to earn referral fees on sales occurring during the Term and shall only have a right to be paid fees while you are in full compliance with the terms of this Agreement and any policies or procedures for the Program from time to time posted by PromotingMom on its web site. Fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. In the event that an overpayment of fees which are due to You is made by PromotingMom, You agree to promptly remit such excess payment upon notification by us. We may withhold your final payment for a reasonable time to ensure that the correct amount due to You is determined.

Contact Information – You must provide all information required by PromotingMom to participate in the Program. You warrant and represent that all information supplied by You will be true and correct. If PromotingMom cannot contact you within a reasonable period and Your account is inactive, the account will be deactivated.

Compensation Terms and Payment Schedule: Affiliates will be paid commissions for each monthly subscription payment that is paid to and actually received by PromotingMom, from a member that has subscribed for PromotingMom membership using that Affiliate’s assigned link or code, on the terms and conditions established by Us, as follows:

• 20% commission on sales earned where You are the qualifying affiliate
• 120 day affiliate cookie life span
• Minimum Payment payout amount is $100.00
• Commission checks and PayPal payments are issued by the 20th of the month for the previous month’s sales. Payments will be issued after the minimum payout has been obtained. Regular PayPal fees and international check processing fees still apply and will be deducted from the commission payment.
• Checks not deposited within 180 days will be automatically cancelled.
• PromotingMom is not responsible for unclaimed affiliate checks after 6 months from check issue date. PromotingMom is also not responsible for checks returned due to wrong contact information. PromotingMom will make reasonable attempts to contact affiliates of returned checks given the contact information from affiliates. It is the affiliate’s responsibility to keep contact information updated at all times.
• Any membership sales that are cancelled or returned will not be counted as confirmed sales and You will not receive the commission for that membership. In the event a refund occurs on the following month after checks have been distributed, the next month will show the returned sale. If You are paid a commission and any payment is for any reason returned to the member, You will be back charged for the commission paid for that payment. You will promptly reimburse PromotingMom upon its request for reimbursement if there is no commission due to you at the time that the back charge is assessed.
• PromotingMom will provide a W9 form for you to fill out at the time of your application to be an Affiliate of the program. No commissions will be paid unless a complete, accurate and current W-9 has been provided by You to PromotingMom . An updated W9 form will need to be submitted annually. If a W9 form is not submitted after as required by PromotingMom, commissions will be held and Affiliates accounts will be suspended. Accounts will be reactivated after a complete, accurate and up to date W9 Form has been submitted.
• From time to time, PromotingMom will run special contests offering cash and prize rewards for referrals. All contest prizes are subject to the same conditions and payout timeline as our usual commissions. Including but not limited to adjustment of the prize amount should any referrals cancel their membership within the allowed 30 day period. All prize payouts will occur within 40-50 days after the contest end date.
• Affiliates may not purchase PromotingMom products under their own Affiliate ID.
• By choosing to join this Affiliate Program, you opt-in to receive periodic PromotingMom Affiliate Newsletters. All issues of the Affiliate Newsletter will be posted for viewing online in the Affiliate Management Console.

Countries not eligible for program: Any applications received from IP or mailing addresses within the countries listed below will be automatically denied acceptance to the PromotingMom affiliate program. Any affiliates found to be operating sites out of these countries will be automatically suspended, and their accountants removed from the program. Countries not eligible for program: Bangladesh , Indonesia , Malaysia , Cuba , Iran , Iraq , Libya , North Korea , Sudan , Rwanda .

Modification to Agreement: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any modification is unacceptable to You, Your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on Our site will constitute binding acceptance of the change.

Reciprocal Link Policy: PromotingMom does not participate in a reciprocal link program. By agreeing to this agreement, you understand that PromotingMom will not promote Your website or any products on Your website unless arrangements have been negotiated between the partners of PromotingMom and yourself. PromotingMom, at any time and in our sole discretion, may select specific websites to be promoted on our websites on an individual basis.

Limited License: We grant You a nonexclusive, nontransferable, revocable right to access Our site through the links solely in accordance with the terms of this Agreement, for the sole purpose of linking Your site to Our site, solely for the purpose of identifying Your site as a participant in the Program and assisting in increasing traffic to PromotingMom. You may not alter, modify, or change the links in any way. You are only entitled to use the links to the extent that You are a member in good standing of the Program. We may revoke Your license anytime by giving You written notice. You may not reproduce or publish anything in anyway from Our site, HTML pages, email communications or constituent web pages or directories.

Confidentiality: All information relating to the business of PromotingMom (unless such information is generally known or available to the public), including, without limitation, the terms of this Agreement, any and all business and financial information, customer and vendor lists, and pricing and sales information concerning PromotingMom or any of Our affiliates shall remain strictly confidential and secret and You shall not disclose such information to any third party or allow or authorize any of it to be utilized, directly or indirectly, for any purpose without first obtaining the express written consent of PromotingMom.

Misrepresentation and Fraud: If You misrepresent Yourself or provide false or misleading information to PromotingMom or commit fraud or falsify information in connection with registering users with PromotingMom through the links on Your site, this Agreement will be terminated immediately. In addition, you will be liable to PromotingMom for any and all damages that PromotingMom suffers as a result of such actions. You will also be responsible for returning to PromotingMom all commissions received for all sales, and PromotingMom will be entitled to pursue all legal causes of action against you to the fullest extent possible under the law.

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

Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Colorado , 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 Douglas County, Colorado , 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 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. If PromotingMom takes action against You as a result of your breach of this Agreement, you will be liable for all costs of litigation.

Anti-SPAM Policy: PromotingMom does not tolerate the unauthorized sending or delivery of e mail messages or the use of spamming techniques. PromotingMom reserves the right, at any time and in our sole discretion, to report any business or person using any version of these techniques. Affiliates will be immediately removed from the Program and all pending commissions forfeited in the event this provision is violated or breached.

Spyware And Other Parasites: Any Affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of PromotingMom and/or its partner sites) may, in PromotingMom’s sole discretion, be subject to termination of this Agreement without notice, suspension of the Affiliate’s account; termination of the Affiliate account; withholding of payments to the Affiliate, legal action and/or public notification of the Affiliate’s suspected malfeasance. PromotingMom encourages Affiliates to report suspicions of such relationships.

Disclaimer: PromotingMom makeS no express or implied warranties or representations with respect to the Program or any products sold through the Program and expressly disclaims all such warranties (including, without limitation, any warranties of fitness for purpose, merchantability, non-infringement, 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; however, we will make commercially reasonable efforts to correct errors or interruptions promptly.

Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF 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 COMPETE WITH YOUR WEB SITE. 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.