Privacy
Policy. All user information submitted to zendatingmaster.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 zendatingmaster.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,
zendatingmaster.com will 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.
Terms of Use. All content on this site is copyrighted and the property of
MP Publishing, Inc.
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.
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.zendatingmaster.com, or to pages within our site.
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.
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.zendatingmaster.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.
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.
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."
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
