This Agreement (the “Cómo Blog Affiliate Agreement") is entered at the time of sign-up and participation in this program with Cómo Blog’s Affiliate Program. This agreement is a binding, legal contract between you, (the “Affiliate”), and Cómo Blog (the “Company”)
1. Promotional Materials. The Company shall make available to Affiliate certain promotional materials (advertisements for display) and use on Affiliate website, social media and emails. Promotional materials may not be altered without permission from Company. The Company retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials.
2. Relationship of Parties. Affiliate shall provide services for the Company as an independent contractor. Affiliate shall have no authority to bind the Company into any agreement, nor shall Affiliate be considered to be an agent of the Company in any respect.
3. Commissions. In exchange for Affiliate’s display of the Promotional Materials, and for Affiliate’s compliance with and performance of the terms and conditions of this Agreement, the Company shall pay Affiliate a commission (the “Commission"). The Affiliate Commission shall be based upon the percentage of sale in effect at the time of sale per product or subscription sold to a user that accesses the Company’s website through a link on Affiliate’s website. The Company reserves the right to change the price of Company’s products and commission percentages for products without notice. Commissions are based on the percentage of sale in effect at the time of sale. Affiliate may not receive or attempt to receive commissions on the Affiliate’s own purchases. In the event that Affiliate materially breaches this, any accrued and payable Commissions owed to Affiliate shall be forfeited, and the Company shall not be obligated to pay such Commissions to Affiliate.
4. Affiliate’s Representations and Warranties. Affiliate’s website does not contain any materials that are sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise) graphically violent, including any violent video game images; or solicitous of any unlawful behavior
5. Affiliate will not use the Company’s name (or any name that is confusingly similar) for any purpose on its website, in its promotional materials, or in any other context except to promote the Company’s website as specified in this Agreement. Affiliate will not register any domain name that incorporates the Company’s name or initials, or that is confusingly similar to the company’s name.
6. Termination: Either Party shall have the right to terminate this Agreement at any time and for any cause. The terminating Party must give written notice to the other Party at least 30 days prior to the intended date of termination.
7. Taxes & Fees. Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate. Company shall not be responsible for any fees owed by Affiliate to Paypal or any other third party payment processor.
8. Limitation of Liability. Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
Company reserves all rights not expressly granted here.