Offbeat Guides Affiliate Agreement
IMPORTANT – READ CAREFULLY. BY CLICKING THE “ACCEPT” BUTTON
(BELOW) AND BY PARTICIPATING IN THE OFFBEAT GUIDES AFFILIATE PROGRAM,
YOU AND THE ORGANIZATION YOU REPRESENT ARE UNCONDITIONALLY CONSENTING
TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DO
NOT ACCEPT” BUTTON (BELOW). IF THESE TERMS ARE CONSIDERED AN
OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS; ALL OTHER
TERMS ARE DISCLAIMED. IF YOU ARE EXECUTING THIS AGREEMENT ON BEHALF
OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE AUTHORITY TO DO SO.
YOU CERTIFY THAT IF YOU ARE AN INDIVIDUAL (i.e., NOT A CORPORATION)
YOU ARE AT LEAST 18 YEARS OLD.
By signing up to be an Affiliate
in the Offbeat Guides Affiliate Program (“Program”) you
(“Affiliate” or “you”) are agreeing to be
bound for the benefit of Sifry Enterprises, Inc. d/b/a Offbeat Guides
(“we” or “Offbeat Guides”) by the following
terms and conditions of this agreement.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique
Affiliate / Partner ID which will be used as part of an actual link ("Partner Link").
For a sale to be eligible to earn a referral fee, the customer must click-through
the Partner Link and utilize the program code (if any), and purchase one or more
products from Offbeat Guides during the 30 calendar days following that session.
Affiliate will develop graphics, emails, and other promotional materials and obtain
approval from Offbeat Guides prior to usage. Offbeat Guides provides templates and
approved graphics, banners, and other materials at
Referral fees and payment
Referral fees are earned once the customer has purchased and paid Offbeat
Guides for a guide (either pdf or hardcopy.) Affiliate will receive
payment based on the price schedule as listed at
for each bona fide customer sale that is tracked and reported by our
systems through the Partner Link (“Fees”). We reserve the
right to disqualify referral fees earned through fraudulent, illegal,
or overly aggressive, questionable sales or marketing methods.
Payments begin once you've earned more than $100 in affiliate income.
Payment schedule and Mechanics
As long as your current affiliate earnings are over $100, payments will
be made on approximately the 30th day of the calendar
month in which the referral fee was earned. However, if you haven't
earned $100 since your last payment, we'll pay you during the next
payment cycle after you've crossed the $100 threshold. In order to
receive payment you will need to establish an account with PayPal.
PayPal may charge you a fee in connection with establishing and/or
maintaining that account and/or with any payments you receive from
Offbeat Guides; payment of such fees shall be entirely your
responsibility and liability.
Customers who buy products through this Program will be deemed to be our
customers. Accordingly, all of our rules, policies, and operating
procedures concerning customer orders, customer service, and product
sales will apply.
You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your
site. You are responsible for all Content posted and activity that
occurs under your account. You may not use the Affiliate Program for
any illegal or unauthorized purpose.
As a condition of your participation in the Program you will comply with
all applicable laws (federal, state or otherwise) that govern
marketing email, including without limitation, the CAN-SPAM Act of
2003 and all other anti-spam laws.
Term of the agreement and Program
The term of this agreement will begin as signed and dated and will end
when terminated by either party. Either party may terminate this
agreement at any time, with or without cause, by giving the other
party written notice of termination. Upon the termination of this
agreement, you will immediately cease use of, and remove from your
site, all links and other materials provided by or on behalf of us to
you pursuant hereto or in connection with the Program. Offbeat Guides
reserves the right to end the Program at any time. Upon termination,
Offbeat Guides will pay any outstanding earnings accrued above $100.
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.
Limitations of Liability
IN NO EVENT SHALL OFFBEAT GUIDES BE LIABLE UNDER CONTRACT, TORT, STRICT
LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY UNDER
THIS AGREEMENT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
(HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE
AGGREGATE) THE TOTAL FEES PAID TO AFFILIATE IN THE TWELVE MONTHS
PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
NEITHER OFFBEAT GUIDES NOR ITS SUPPLIERS MAKES ANY EXPRESS OR IMPLIED
WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS
SOLD THROUGH THE PROGRAM, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE
OF PERFORMANCE, DEALING OR TRADE USAGE, ALL OF WHICH ARE HEREBY
EXPRESSLY DISCLAIMED. IN ADDITION, OFFBEAT GUIDES MAKES NO
REPRESENTATION THAT THE OPERATION OF THE PRODUCT SITES WILL BE
UNINTERRUPTED OR ERROR-FREE, AND OFFBEAT GUIDES WILL NOT BE LIABLE
FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
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 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.
Any dispute relating in any way to this agreement (including any actual
or alleged breach hereof), any transactions or activities under this
agreement or your relationship with us or any of our affiliates shall
be submitted to confidential arbitration in San Francisco, CA, USA.
Arbitration under this agreement shall be conducted under the rules
then prevailing of the Judicial Arbitration and Mediation Services,
Inc. (“JAMS”), and you agree to submit to such
arbitration. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction.
This agreement will be governed by the laws of the state of California
USA, without reference to rules governing choice of laws. You may not
assign this agreement, by operation of law or otherwise, without our
prior written consent. Offbeat Guides may freely assign this
agreement. 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.
The agreement constitutes the entire agreement between you and Offbeat
Guides and govern your use of the Service, superceding any prior
agreements between you and Offbeat Guides (including, but not limited
to, any prior versions of the agreement).