THE
FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UPON WHICH PETMUSIC.COM OFFERS YOU
PARTICIPATION WITHIN PETMUSIC.COM'S AFFILIATE PROGRAM. BY APPLYING AND
PARTICIPATING IN THE AFFILIATE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS
HEREIN. ACCEPTANCE OF THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN
YOU AND PETMUSIC.COM THAT YOU WILL USE THE WEB SITE, LINKS AND ALL OTHER
PROPERTY OF PETMUSIC.COM ONLY IN A MANNER THAT IS CONSISTENT WITH THIS
AGREEMENT.
This agreement ("Agreement") is by and between Incentive Media, Inc. dba
PetMusic.com, a New Jersey company, ("PetMusic.com", "we" or "us" and "our"
shall be construed accordingly) and you ("Affiliate" or "you" and "your" shall
be construed accordingly) (each individually a "Party" and collectively the
"Parties") as an online Affiliate in PetMusic.com's Affiliate Program (the
"Program") regarding the establishment of links from your affiliate web site
("your site" or "Affiliate site") to our web site, www.PetMusic.com ("our site"
or "PetMusic.com"). For purposes of this Agreement, "our web site" also
includes any www.petmusic.___ Web site operated by us other than
www.PetMusic.com.
1. Enrollment in the Affiliate Program
To begin the enrollment process, you shall submit a complete Affiliate Program
application via our site. The Program is designed for participants aged 18 and
above who can form legally binding contracts under applicable law. By accepting
this Agreement and participating in the Program, you acknowledge that you are
age 18 or above. We may reject your application if we determine (in our sole
discretion) that your site is unsuitable for the Affiliate Program for any
reason, including, but not limited to, inclusion of content that is in any way
unlawful, harmful, threatening, defamatory, obscene, harassing, or racially,
ethnically, or otherwise objectionable. If we reject your application, you are
welcome to reapply to the Affiliate Program at any time subject to the removal
of any content that may have been found objectionable to PetMusic.com. You
should also note that if we accept your application and your web site is
thereafter determined (at our sole discretion) to be unsuitable for the
Program, we may terminate this Agreement immediately without prior notice.
2. Promotion of Our Affiliate Relationship
As an Affiliate, we shall make available to you a variety of graphics and
textual links (each of these links sometimes being referred to herein as
"Links" or, individually, as a "Link"), which, subject to the terms and
conditions hereof, you may display as often and in as many areas on your site
as you desire. The Links shall serve to identify your site as a member of our
Affiliate Program and shall establish a link from your site to ours. As an
Affiliate, you are allowed to have one or more of the following types of Links
to our site: product links, category links, search box links and a general link
to the PetMusic.com home page. In utilizing the Links, you agree that you shall
abide by all PetMusic.com guidelines and policies and cooperate fully with us
in order to establish and maintain such Links.
You also agree that you shall display on your site only those graphic or
textual images indicating a Link ("PetMusic.com Images") that are provided by
us, and you shall substitute such PetMusic.com Images as directed by us with
any PetMusic.com images provided by us from time to time throughout the term of
this Agreement.
By
loading or agreeing to have PetMusic.com images loaded onto your site, you
agree that you will cooperate fully with us and comply with this Agreement at
all times in a manner consistent with our current policies including but not
limited to our Content Policy and our policies regarding image resolution and
proprietary notices, such as copyright and trademark notifications. The
Affiliate Site shall display such PetMusic.com Images prominently in relevant
sections of its site. All Links may be modified and/or expanded from time to
time throughout the term of this Agreement pursuant to the mutual agreement of
the parties hereto. Each Link connecting users of your site to our site shall
in no way alter the look, feel, or functionality of our site.
3. Our Responsibilities
We shall be responsible for providing all information necessary to allow you to
make appropriate Links from your site to our site. We shall be solely
responsible for processing every order placed by a customer following a special
Link from your site to our site, for tracking the volume and amount of sales
generated by your site, and for providing information to you regarding sales
statistics via our reporting platform. We shall be responsible for order entry,
payment processing, shipping, cancellations, returns, and related customer
service.
4. Affiliate Responsibilities
a. If you qualify and agree to participate as an
Affiliate Site, you may display Links prominently throughout your site as you
see fit in a manner consistent with this Agreement.
b. You shall be entitled to earn referral fee payments for customer sales as set
forth in Sections 6 and 7 below.
c. You shall not use any existing or future software product or service
(including, without limitation, any computer programming code that is an add-on
or bundled with any browser or other host application) that will replace,
insert, read, intercept, record, redirect, interpret, or fill in the contents
of any electronic form or other materials submitted to PetMusic.com by any
other person or entity.
d. You shall not use any existing or future software product or service
(including, without limitation, any computer programming code that is an add-on
or bundled with any browser or other host application) that will replace,
insert, read, intercept, record, redirect, interpret, append itself to, or
otherwise intercept or interfere in any manner with any click-through or other
traffic-based transaction that originated from any PetMusic.com Affiliate
affecting in any manner any compensation or other payment earned by or owing to
any such PetMusic.com Affiliate.
e. You shall not in any way modify, redirect, suppress, or substitute the
operation of any button, link, or other interactive feature of our site.
f. You shall not use any existing or future software product or service
(including, without limitation, any computer programming code that is an add-on
or bundled with any browser or other host application) that will replace,
intercept, interfere, hinder, disrupt or otherwise alter in any manner a World
Wide Web user's access, view or usage of, or other aspect of such user's
experience at any Affiliate's web site in a manner that causes or otherwise
results in a different experience from what was otherwise intended by such
Affiliate. You shall not take any action that could reasonably cause any
confusion to the user as to what web site transactions or actions are
occurring.
g. You shall not cause the creation or over-writing of any commission tracking
cookie on a consumer's computer unless it is the direct result of a click, on a
link to the PetMusic.com site. You shall not cause the creation of any
commission tracking cookie on a consumer's computer through the means of
automatically popping up the PetMusic.com site, through the use of "I-frames"
nor through any other method, other than through a direct consumer-initiated
click, on a link to the PetMusic.com site.
h. Except for linking as described above, you shall not post or serve any
advertisements or promotional content around or in conjunction with the display
of our site (e.g., through any "framing" technique or technology or pop-up
windows), or assist, authorize, or encourage any third party to take any such
action.
i. You understand that the use of unsolicited commercial e-mail ("spam") by
PetMusic.com affiliates is absolutely prohibited. Your participation in the
PetMusic.com Affiliate Program constitutes your specific and unconditional
agreement to abide by this anti-spam policy. Use of any lists, whether
purchased or created, compiled by means of automated tools are not permitted.
Also, you must use valid e-mail headers at all times.
j. If we determine, in our sole discretion, that you have engaged in any of the
foregoing activities listed in Section 4a through 4i, we reserve the right
(without limiting any other rights or remedies available to us) to withhold any
referral fees otherwise payable to you under this Agreement and/or terminate
this Agreement immediately without prior notice. If we are required to enforce
any of the foregoing restrictions, you will be obligated to reimburse us for
any attorneys' fees reasonably incurred in connection therewith.
5. Relationship
If, at any time, we discover that you are using your affiliate relationship
with us for any reason other than as mutually intended under this Agreement,
your relationship with us may be immediately terminated without prior notice
and we reserve the right (without limiting any other rights or remedies
available to us) to withhold any referral fees otherwise payable to you under
this Agreement. If we are required to enforce the foregoing restriction, you
will be obligated to reimburse us for any attorneys' fees reasonably incurred
in connection therewith.
6. Referral Fee Payment Determination
Only products that we choose to offer through our web site ("Products") that
are (a) sold by us, (b) purchased by users linking to our site from your site
(as an approved affiliate) pursuant to a Link ("Linked Users"), (c) delivered
to a customer, (d) for which we have received full payment, shall qualify for a
referral fee payment (each, a "Qualifying Purchase"). For each Qualifying
Purchase, a referral fee will be paid on the amount of the order less taxes,
duties, shipping, discounts and/or promotions, amounts returned for credit card
fraud, bad debts or for returned goods and charge backs. Referral fees will
only be paid in US dollars. If a product that generated a referral fee is
returned by the customer, we will deduct the corresponding referral fee from
your next payment. If there is no subsequent payment due, you will be billed
for and required to repay the referral fee. The amount of the Qualifying
Purchase(s) minus the applicable deductions referenced in this Section 6 shall
be considered as "Net Sales". Affiliate Program referral fee percentages can be
found on the "Commission Structure" page of our site.
7. Referral Fees Payment
When the total referral fee payment(s) due to you (based on Section 6 above)
exceeds your specified minimum payout level, at the end of any calendar quarter,
you shall be paid by a company check for the applicable referral fee (less any
taxes required to be withheld under applicable law). Such referral fee checks
shall be sent approximately thirty (30) days after the end of each calendar quarter
earned, and shall include a summary of applicable referral fees and shall be
paid in US dollars only. If we determine, in our sole discretion, that you have
breached this Agreement, we may (without limiting any other rights or remedies
available to us) withhold any revenue sharing fees otherwise payable to you
under this Agreement. As a condition to payment of a referral fee, you must
provide PetMusic.com all information reasonably necessary for PetMusic.com to
process payments to you in accordance with any and all applicable laws and
regulations. This includes, but is not limited to your tax identification
number (for businesses located in the US).
8. Policies and Pricing
Customers who buy products at our site through the Affiliate Program shall be
deemed to be customers of PetMusic.com. Accordingly, all of our rules,
policies, and operating procedures concerning customer orders, customer
service, and Product sales shall apply to those customers. We may change our
policies and operating procedures at any time and from time to time. For
example, we, in our sole discretion, shall determine the prices to be charged
for Products in accordance with our own pricing policies.
9. Licenses and Use of the PetMusic.com Logos and Trademarks; Reservation of
Rights
a. WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE,
REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS SOLELY IN ACCORDANCE
WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS,
TO USE THE PETMUSIC.COM TRADEMARKS AND LOGOS AND SIMILAR IDENTIFYING MATERIAL
RELATING TO US (BUT ONLY IN THE FORM(S) AS PROVIDED BY PETMUSIC.COM,
COLLECTIVELY, THE "PETMUSIC.COM'S LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF
PROMOTING PETMUSIC.COM PRODUCTS ON YOUR SITE. YOU MAY NOT ALTER, MODIFY, OR
CHANGE PETMUSIC.COM'S LICENSED MATERIALS IN ANY WAY. YOU ARE ONLY ENTITLED TO
USE THE LICENSED MATERIALS IF YOU ARE A MEMBER IN GOOD STANDING OF OUR
AFFILIATE PROGRAM.
b. You shall not make any use of any Licensed Materials for any purpose other than
promoting Products on your site. You agree not to use the Licensed Materials in
any manner that is disparaging or that otherwise portrays us in a negative
light.
c. You grant to us a non-exclusive license to use or display your names, titles, URLs
and logos, as the same may be amended from time to time ("Affiliate's Licensed
Materials"), in our advertising, marketing, promotional, web site and publicity
activities; provided, however, that we shall not be required to so advertise,
market, promote, or publicize. This license shall terminate upon the effective
date of the expiration or termination of this Agreement.
d. You may not register the words PetMusic.com or variations thereof for use in
any search engine, portal, advertising service or similar services service. You
may not purchase or register search engine keywords, AdWords, search terms or
other identifying terms and domain names that include the word
"PetMusic.com" or any variations thereof for use in any search
engine, portal, sponsored advertising service or other search or referral
service. Specifically, this policy prohibits you from bidding on:
e. The rights granted by PetMusic.com herein do
not constitute any assignment of ownership or other transfer to you of
ownership interests therein or in any property of PetMusic.com, including
without limitation, any domain name and web site or in any intellectual
property of PetMusic.com. At no time during or after the term of this Agreement
shall you challenge or assist others to challenge any PetMusic.com trademark,
logo, or trade dress (except to the extent expressly prohibited by applicable
law) or the registration thereof or attempt to register any trademarks, marks
or trade names confusingly similar to any PetMusic.com trademark, logo, or
trade dress.
f. All licenses, rights and interests in, to and with respect to the Affiliate
Program, the web site, PetMusic.com's Licensed Materials, elements and parts
thereof not specifically granted herein to Participant (including, without
limitation, all rights of copyright) shall be entirely reserved, as between the
Parties, to Incentive Media, Inc. and may be fully utilized by Incentive Media,
Inc. without limitation and without regard to any licenses and rights granted
herein. 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.
10. Obligations Regarding Your Site
a. You shall be solely responsible for the
development, operation, and maintenance of your site and for all materials that
appear on your site. Such responsibilities include, but are not limited to: (1)
the technical operation of your site and all related equipment; (2) creating
and posting product descriptions, and references on your site and linking those
descriptions to our site; (3) the accuracy and propriety of materials posted on
your site; and (4) ensuring that materials posted on your site do not violate
or infringe upon, without limitation, the copyrights, trademarks, privacy or
other personal or proprietary rights of any third party. Your site shall not
(i) violate or infringe upon the rights of any third party, (ii) be libelous,
(iii) advocate or promote sexually explicit material, (iv) advocate or promote
violence, (v) promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age, or (vi) otherwise be illegal.
b. We disclaim all liability for all development, operational, maintenance and
content matters related to your site. Further, you shall 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 shall begin upon our acceptance of your Affiliate
Program application and shall end when terminated by either party. Either Party
may terminate this Agreement at any time, with or without cause, by giving the
other Party notice of termination. You are only eligible to earn referral fee
payment(s) on sales occurring during the term, and referral fee payment(s)
earned through the date of termination shall remain payable only if the related
PetMusic.com Product orders are not canceled or returned, provided, however, 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 at our sole discretion by posting a change notice or new version of
the Agreement on our site. Terms may be changed or updated at any time, but you
shall be able to find the most recent version on our web site. Modifications
may include, but are not limited to, changes in the scope of available referral
fee payment(s) or the payment program in general, payment schedules, payment
procedures, and Affiliate Program rules. If any modification is unacceptable to
you, your only recourse is to terminate this agreement. Your continued
participation in the Affiliate Program following our posting of a change notice
or new agreement on our site shall constitute binding acceptance of the change.
13. Relationship of Parties
You and Incentive Media, Inc. are independent contractors, and nothing in this
Agreement shall create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties. You shall have
no authority to make or accept any offers or representations on our behalf. You
shall not make any statement, whether on your site or otherwise, that
reasonably would contradict anything in this Section.
14. Disclaimers
We make no express or implied warranties or representations with respect to the
Affiliate Program or any PetMusic.com or Incentive Media Products sold through
the Affiliate Program (including, without limitation, warranties of health, fitness,
merchantability, non-infringement, or any implied warranties arising out of
course of performance, dealing, or trade usage). In addition, we make no
representation that the operation of our site shall be uninterrupted or error free,
and we shall not be liable for the consequences of any interruptions or errors.
15. Representations and Warranties
You hereby represent and warrant to us as follows:
a. This Agreement constitutes your legal, valid,
and binding obligation, enforceable against you in accordance with its terms.
b. The execution, delivery, and performance by you of this Agreement and the
consummation by you of the transactions contemplated hereby shall not, with or
without the giving of notice, the lapse of time, or both, conflict with or
violate (i) any provision of law, rule, or regulation to which you are subject,
(ii) any order, judgment, or decree applicable to you or binding upon your
assets or properties, (iii) any provision of your by-laws or certificate of incorporation,
or (iv) any agreement or other instrument applicable to you or binding upon
your assets or properties.
c. You are the sole and exclusive owner of Affiliate's Licensed Materials and have
the right and power to grant to us the license to use your trademarks in the
manner contemplated herein, and such grant does not and shall not (i) breach,
conflict with, or constitute a default under any agreement or other instrument
applicable to you or binding upon your assets or properties, or (ii) infringe upon
any trademark, trade name, service mark, copyright, or other proprietary right
of any other person or entity.
d. No consent, approval, or authorization of, or exemption by, or filing with, any
governmental authority or any third party is required to be obtained or made by
you in connection with the execution, delivery, and performance of this
Agreement or the taking by you of any other action contemplated hereby.
e. There is no pending or, to the best of your knowledge, threatened claim,
action, or proceeding against you, or any affiliate of yours, with respect to
the execution, delivery, or consummation of this Agreement, or with respect to
your trademarks, and, to the best of your knowledge, there is no basis for any
such claim, action, or proceeding.
16. Confidentiality
During the course of your participation in the Program, you may receive
business and financial information relating to PetMusic.com or to the Affiliate
Program that is not known to the general public ("Confidential
Information"). Confidential Information includes, without limitation,
product data feeds, customer lists, referral fee percentages and pricing and
sales information. You agree (a) that all Confidential Information will remain
PetMusic.com's exclusive property; (b) that you will use Confidential
Information only as is reasonably necessary for your participation in the
Affiliate Program; and (c) you will not disclose Confidential Information to
any individual, company, or other third party.
17. Limitation of Liability
WE SHALL 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 AFFILIATE 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 AFFILIATE PROGRAM SHALL NOT EXCEED THE TOTAL REFERRAL FEE
PAYMENT(S) PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT WITHIN THE LAST SIX (6)
MONTHS.
18. Indemnification
You hereby agree to indemnify and hold harmless Incentive Media, Inc., PetMusic.com
and its subsidiaries and affiliates, and their directors, officers, employees,
agents, shareholders, partners, members, and other owners, against any and all
claims, actions, demands, liabilities, losses, damages, judgments, settlements,
costs, and expenses (including reasonable attorneys' fees) (any or all of the
foregoing hereinafter referred to as "Losses") insofar as such Losses (or
actions in respect thereof) arise out of or are based on (i) any claim that our
use of Affiliate's Licensed Materials infringes on any trademark, trade name,
service mark, copyright, license, intellectual property, or other proprietary
right of any third party, (ii) any misrepresentation of a representation or warranty
or breach of a covenant and agreement made by you herein, or (iii) any claim
related to your site, including, without limitation, content therein not
attributable to us.
19. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF
PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
20. Governing Law
This Agreement shall be governed by the laws of the United States and the State
of New Jersey, 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 Bergen County, New Jersey, 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 shall be binding on, inure to the benefit of, and
enforceable against the parties and their respective successors and assigns.
Our failure to enforce your strict performance of any provision of this
Agreement shall not constitute a waiver of our right to subsequently enforce
such a provision or any other provision of this Agreement.
21. Disclosure for Legal Purposes
You hereby authorize us to disclose information pursuant to judicial and
administrative proceedings, and in connection with law enforcement activities
and as otherwise may be permitted by law, to law enforcement or government
agencies if we believe the disclosure is necessary or appropriate. You also
authorize us to disclose information if we believe the disclosure is necessary
or appropriate in the event of an investigation of improper or illegal conduct
in connection with your activities as an affiliate, such as fraud,
misrepresentation, intellectual property infringement, or other activity that
may put us at risk for liability. We will, whenever we believe reasonably
possible, use our reasonable efforts to inform you if such information may be
so revealed.
22. Severability
If any term, clause or provision of this Agreement shall be deemed invalid or
unenforceable for any reason, the remainder of this Agreement shall remain
valid and enforceable in accordance with its terms.
23. Waiver
Incentive Media's failure to enforce your strict performance of any provision
of this Agreement will not constitute a waiver of our right to subsequently
enforce such a provision or any other provision of this Agreement.
24. No Assignments
You may not assign this Agreement, by operation of law or otherwise, without
our prior written consent.
25. Survival of Provisions
The provisions of Sections 12, 14, 18, 19, 20, 21, 23, 25 and 28 hereof shall
survive termination of this Agreement.
Rules Regarding Press Releases And Other Communications (Including All
Communications On Your Web site Or Via Other Media)
The following rules apply to any press release or other communication that you
may issue in connection with your participation in the Program, as well as to
any other promotion of your Web site.
A. Any communication must accurately identify that
you are participating in the "PetMusic.com Affiliates Program."
B. Any communication must clearly and accurately describe the nature of your
participation in the PetMusic.com Affiliates Program. Your communication must
not create confusion or misrepresent the nature of your or any other
participant's participation in the PetMusic.com Affiliates Program.
You may, without our prior consent, say the following in any communication:
that you have become a PetMusic.com Affiliate, and/or that you have joined or
become a member of the PetMusic.com Affiliates Program.
Rules Regarding Other Web site Promotion
A. To protect the integrity of the reputation of
our other affiliates as well as the PetMusic.com brand name, you may not
promote your Web site via certain forms of indiscriminate advertising, commonly
referred to as "spamming." Accordingly, you may not promote your Web site
via postings to non-commercial newsgroups or cross-postings to multiple
newsgroups at once.
B. Notwithstanding the foregoing, you may promote your Web site via mailings to
recipients who are already customers, members or subscribers to your organization
or web site's services, provided that the recipients have the option to remove
themselves from future mailings and that you otherwise comply with all
applicable laws of your jurisdiction. Further, you may promote your web site
via newsgroup postings to newsgroups that specifically welcome commercial
messages (when in doubt, consult the newsgroup FAQ or moderators to be sure
that such a message is acceptable in that newsgroup).
C. In all promotion, you must clearly represent yourself and your web site as
entities independent from PetMusic.com, PetMusic.com's affiliated companies,
the PetMusic.com Web site, and any of PetMusic.com's affiliated companies' Web sites.
D. Generally, in any forum or media, you must honor the advertising practices and
restrictions that are commonly considered acceptable by its readers.
Incentive Media and PetMusic.com reserve the right at its sole discretion to
modify the foregoing rules at any time. PetMusic.com, reserves the right to
take action against any person or entity that does not conform to these rules.
Rules Regarding Use of Our Trademarks
These guidelines apply to your use of the PetMusic™, "Music For Pets™" or other
trademarks of Incentive Media (the "Trademarks") in materials which
have been approved in advance by Incentive Media or PetMusic.com.
1. You may use the Trademarks solely for the
purpose authorized by PetMusic.com.
2. You may not alter the Trademarks in any manner. For example, you may not change
the proportion, color, or font of the Trademarks.
3. You may not display the Trademarks in any manner that implies sponsorship,
endorsement by PetMusic.com. outside of your involvement in the Affiliates
Program.
4. You may not use the Trademarks to disparage PetMusic.com, its products or
services, or in a manner which, in PetMusic.com's reasonable judgment, may
diminish or otherwise damage PetMusic.com's goodwill in the Trademarks.
5. Each Trademark must appear by itself, with reasonable spacing (at least the
height of the Trademark) between each side of the Trademark and other graphic
or textual elements.
You acknowledge that all rights to the Trademarks are the exclusive property of
PetMusic.com, and all goodwill generated through your use of the Trademark will
inure to the benefit of PetMusic.com.
Rules Regarding Paid Search Listings
Many of our affiliates are now using paid search to generate commission. The
goal of our paid search rules is to ensure that affiliates follow the most
recent search engine guidelines in a manner that does not conflict with our
paid search program.
1. You may not represent
you or your web site as PetMusic.com.
2. You may not use or display www.PetMusic.com or variations thereof in either the
copy/advertisement or the display URL. Variations include foreign country or
other top-level domain extensions.
3. You must follow common search engine guidelines, such as: (a) your display URL
must match the ultimate actual destination URL; (b) you may not frame our web site
as a landing page; or (c) you may not create "redirects" or "jump pages" that
immediately direct to our web site.
4. You shall not purchase or register search engine keywords, AdWords, search
terms or other identifying terms that include the word "PetMusic.com"
or any variations thereof for use in any search engine, portal, sponsored
advertising service or other search or referral service. Specifically, this
policy prohibits you from bidding on: