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Privacy
Policy
All user information submitted to Best-Dating-Tips.com
during the order process or collected when users sign-up
for our informational newsletters shall be handled as
private and confidential and will not be shared with
anyone outside of Best-Dating-Tips.com, its strategic
partners, and its affiliated companies without your
permission.
At any point, users
are allowed to request removal from our mailing lists. At
that point, Best-Dating-Tips.comwill discard all user
information from its databases within a reasonable amount
of time. We update our user databases periodically. We
will do our best to respond to any removal requests within
a reasonable amount of time, but apologize for any
inconvenience caused by delay in this regard. |
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Terms of Use
All content on this site is
copyrighted and the property of MP Publishing, Inc. |
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Shipping, Handling
& Delivery Terms
Please note that due to the
overwhelming demand for our Zen Series, we may need up to
10 business days to fulfill your order. |
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Affiliate Program
Agreement
This Agreement contains the complete
terms and conditions that apply to an individual's or
entity's participation in the MP Publishing Inc.
Associates Program (the "Program"). As used in this
Agreement, "we" means MP Publishing Inc., and "you" means
the applicant. "Site" means a World Wide Web site and,
depending on the context, refers either to MP Publishing
Inc.'s site, located at the URL www.best-dating-tips.com,
or to pages within our site. |
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1. |
Enrollment in
the Program
To begin the enrollment process, you must submit a fully
completed Program Application transmitted through our
site. We will evaluate your application and make a
determination, based on our own criteria and made in our
sole discretion, as to whether or not to accept your
application. In any case, we will notify you of our
decision to accept or reject your application. You should
also note that if we accept your application and your site
is thereafter determined (in our sole discretion) to be
unsuitable for the Program, we may terminate this
Agreement at any time. |
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2. |
Links on Your
Site
Once you have been notified that your site has been
accepted into the Program, you may provide on your site
any or all of the following types of links to our site:
Product Links: You
may select one or more Products to list on your site. A
"Product" is any product listed on our site that is
fulfilled by us. For each selected Product, you will
display on your site a short description, review, or other
reference. You will be responsible for the content, style,
and placement of these references. But we may decide, in
our sole discretion, whether we find your text to be
acceptable to us. You will provide a Special Link (as
defined below) from each Product reference on your site to
the corresponding MP Publishing Inc. online catalog entry.
Each such link will connect directly to a single item in
our online catalog. You may not use Special Links to link
to our site from references to products on your site that
are not "Products" as defined above.
General Link to MP
Publishing Inc. Home Page: You may provide a general link
on your site to our home page at http://www.best-dating-tips.com.
We will provide you
with guidelines and graphical artwork to use in linking to
our home page. To permit accurate tracking, reporting, and
referral fee accrual, we will provide you with special
"tagged" link formats to be used in all links between your
site and our site. You must ensure that each of the links
between your site and our site properly utilizes such
special link formats. Links to our site placed on your
site pursuant to this Agreement and which properly utilize
such special link formats are referred to as "Special
Links." You will earn referral fees only with respect to
activity on our site occurring directly through Special
Links; we will not be liable to you with respect to any
failure by you to use Special Links, including to the
extent that such failure may result in any reduction of
amounts that would otherwise be paid to you pursuant to
this Agreement.
You acknowledge
that, by participating in the Associates Program and
placing any of the above links within your site, MP
Publishing Inc. may receive information from or about
visitors to your site or communications between your site
and those visitors. Your participation in the MP
Publishing Inc. program constitutes your specific and
unconditional consent to and authorization for MP
Publishing Inc.'s access to, receipt, storage, use, and
disclosure of any and all such information, consistent
with the policies and procedures set forth in MP
Publishing Inc.'s Privacy Policy. |
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3. |
Order Processing
We will process Product orders placed by customers who
follow Special Links from your site to our site. We
reserve the right to reject orders that do not comply with
any requirements that we may establish periodically. We
will be responsible for all aspects of order processing
and fulfillment. Among other things, we will prepare order
forms, process payments, cancellations, and returns, and
handle customer service. We will track sales made to
customers who purchase Products by using Special Links
from your site to our site and will make available to you
reports summarizing this sales activity. The form,
content, and frequency of the reports may vary from time
to time in our sole discretion. |
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4. |
Referral Fees
We will pay you (in accordance with Sections 5 and 6
below) referral fees on certain Product sales to third
parties. For a Product sale to be eligible to earn a
referral fee, the customer must click-through a Special
Link from your site to our site, and add the Product to
his or her shopping cart during that session. The session
ends upon one of the following events: (a) 24 hours
elapses from the customer's initial click-through, (b) the
customer orders the Product, or (c) the customer follows a
third party's Special Link. We will only pay referral fees
on such Products after order, payment, shipping, and the
time for product return has expired.
We will not,
however, pay referral fees on any Products that are added
to a customer's Shopping Cart after the customer has
reentered our site (other than through a Special Link), as
determined by us, even if the customer previously followed
a link from your site to our site. Products that are
eligible to earn referral fees under the rules set forth
above are referred to as "Qualifying Products."
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5. |
Referral Fee
Schedule
You will earn referral fees based on Qualifying Revenues
according to referral fee schedules to be established by
us. "Qualifying Revenues" are revenues derived by us from
our sales of Qualifying Products, excluding costs for
shipping, handling, gift-wrapping, taxes, service charges,
credit card processing fees, returns, and bad debt
The current referral
fee schedule is 30% of Qualifying
Revenues from the sale of each product on our Site. |
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6. |
Referral Fee
Payment
We will pay you referral fees on a quarterly basis.
Approximately 30 days following the end of each calendar
quarter, we will send you a check for the referral fees
earned. However, if the referral fees payable to you for
any calendar quarter are less than $100, we will hold
payment until the total amount due is at least $100 or (if
earlier) until this Agreement is terminated. In
calculating referral fees, we will deduct the
corresponding referral fee from your next quarterly
payment if a Product that generated a referral fee is
returned by the customer. If there is no subsequent
payment, we will send you a bill for the referral fee.
This, generally, should not be necessary because our
return policy is limited to 10 days from the date of
purchase. |
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7. |
Policies and
Pricing
Customers who buy products through this Program will be
deemed to be customers of MP Publishing Inc. Accordingly,
all MP Publishing Inc. rules, policies, and operating
procedures concerning customer orders, customer service,
and product sales will apply to those customers. We may
change our policies and operating procedures at any time.
For example, we will determine the prices to be charged
for products sold under this Program in accordance with
our own pricing policies. When we offer "specials" or
other promotions, you will receive your referral fee on
the basis of the price actually paid by the customer to
us. Product prices and availability may vary from time to
time. Because price changes may affect Products that you
have listed on your site, prices may only be shown when we
serve those prices through our site. You may not otherwise
include price information in your Product descriptions. We
will use commercially reasonable efforts to present
accurate information, but we cannot guarantee the
availability or price of any particular product.
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8. |
Identifying
Yourself as an Associate
We reserve the right, in our sole discretion, to govern
the way in which you identify yourself as an Associate or
affiliated with our products and site. Without prior
written permission, you may not issue any press release
with respect to this Agreement or your participation in
the Program. You must display this logo or the phrase "In
association with Zen of Dating.com" somewhere on your
site. We may modify the text or graphic image of this
notice from time to time. We will make available to you a
small graphic image that identifies your site as a Program
participant. In addition, you may not in any manner
misrepresent or embellish the relationship between us and
you, or express or imply any relationship or affiliation
between us and you or any other person or entity except as
expressly permitted by this Agreement (including by
expressing or implying that MP Publishing Inc. supports,
sponsors, endorses, or contributes money to any charity or
other cause). |
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9. |
Limited License
We grant you a nonexclusive, revocable right to use the
graphic image and text described in Section 8 and such
other text or images for which we grant express
permission, solely for the purpose of identifying your
site as a Program participant and to assist in generating
Product sales. You may not modify the graphic image or
text, or any other of our images, in any way. We reserve
all of our rights in the graphic image and text, any other
images, our trade names and trademarks, and all other
intellectual property rights. You agree to follow our
Trademark Guidelines, as those guidelines may change from
time to time. We may revoke your license at any time by
giving you written notice. |
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10. |
Responsibility
for Your Site
You will be solely responsible for the development,
operation, and maintenance of your site and for all
materials that appear on your site. For example, you will
be solely responsible for:
o the technical operation of your
site and all related equipment
o creating and posting Product descriptions on your
site and linking those descriptions to our catalog
o the accuracy and appropriateness of materials posted
on your site (including, among other things, all
Product-related materials)
o ensuring that materials posted on your site do not
violate or infringe upon the rights of any third
party (including, for example, copyrights, trademarks,
privacy, or other personal or proprietary rights)
o ensuring that materials posted on your site are not
libelous or otherwise illegal
o ensuring that your site accurately and adequately
discloses, either through a privacy policy or
otherwise, how you collect, use, store, and disclose
data collected from visitors, including, where
applicable, that third parties (including
advertisers) may serve content and/or advertisements
and collect information directly from visitors and
may place or recognize cookies on visitors' browsers.
We disclaim all liability for these
matters. Further, you will indemnify and hold us harmless
from all claims, damages, and expenses (including, without
limitation, attorneys' fees) relating to the development,
operation, maintenance, and contents of your site.
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11. |
Term of the
Agreement
The term of this Agreement will begin upon our acceptance
of your Program 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. Upon the
termination of this Agreement for any reason, you will
immediately cease use of, and remove from your site, all
links to our site, and all MP Publishing Inc. trademarks,
trade dress, and logos, and all other materials provided
by or on behalf of us to you pursuant hereto or in
connection with the Program. You are eligible to earn
referral fees only on sales of Qualifying Products that
occur during the term, and referral fees earned through
the date of termination will remain payable only if the
related orders are not canceled or returned. We may
withhold your final payment for a reasonable time to
ensure that the correct amount is paid. |
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12. |
Modification
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 our site.
Modifications may include, for example, changes in the
scope of available referral fees, referral 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. |
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13. |
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. You will not make any statement, whether on
your site or otherwise, that reasonably would contradict
anything in this Section. |
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14. |
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 referral fees paid or payable to you
under this Agreement. |
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15. |
Disclaimers
We make no express or implied warranties or
representations with respect to the Program or any
products sold through the Program (including, without
limitation, warranties of fitness, merchantability,
noninfringement, 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. |
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16. |
Independent
Investigation
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. |
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17. |
Arbitration
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 Los Angeles
County, California, except that, to the extent you have in
any manner violated or threatened to violate our
intellectual property rights, we may seek injunctive or
other appropriate relief in any state or federal court in
the state of California (and you consent to non-exclusive
jurisdiction and venue in such courts) or any other court
of competent jurisdiction. Arbitration under this
agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as
a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement,
whether through class arbitration proceedings or
otherwise. |
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18. |
Miscellaneous
This Agreement will be governed by the laws of the United
States and the state of California, 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. 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. |
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