Print this text Return to registration page

Terms of Use and Privacy Statement

Our
affiliates are very important to us. We do our best to treat you with
the fairness and respect you deserve. We simply ask the same
consideration of you. We have written the following affiliate agreement
with you in mind, as well as to protect our company's good name. So
please bear with us as we take you through this legal formality.
If
you have any questions, please don't hesitate to let us know. We are
strong believers in straight-forward and honest communication. For
quickest results please email us at affiliates@mariasgourmetkitchen.com. 

AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MARIA'S GOURMET KITCHEN LLC)
BY
SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ
AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU
AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.


1. Overview
This
Agreement contains the complete terms and conditions that apply to you
becoming an affiliate in Maria's Gourmet Kitchen's Affiliate Program. The purpose
of this Agreement is to allow HTML linking between your web site and the
Maria's Gourmet Kitchen web site. Please note that throughout this Agreement,
"we," "us," and "our" refer to Maria's Gourmet Kitchen LLC, and "you," "your," and
"yours" refer to the affiliate.


2. Affiliate Obligations


2.1.
To begin the enrollment process, you will complete and submit the
online application. The fact that we
auto-approve applications does not imply that we may not re-evaluate
your application at a later time. We may reject your application at our
sole discretion. We may cancel your application if we determine that
your site is unsuitable for our Program, including if it:

2.1.1. Promotes sexually explicit materials

2.1.2. Promotes violence

2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

2.1.4. Promotes illegal activities

2.1.5. Incorporates any materials which infringe or assist
others to infringe on any copyright, trademark or other intellectual
property rights or to violate the law

2.1.6. Includes variations or misspellings thereof of Maria's Gourmet Kitchen

2.1.7. Is otherwise in any way unlawful, harmful,
threatening, defamatory, obscene, harassing, or racially, ethnically or
otherwise objectionable to us in our sole discretion.

2.1.8. Contains software downloads that potentially enable
diversions of commission from other affiliates in our program.

2.1.9. You may not create or design your website or any
other website that you operate, explicitly or implied in a manner which
resembles our website nor design your website in a manner which leads
customers to believe you are Maria's Gourmet Kitchen or any other affiliated
business.

2.2.
As a member of our Affiliate Program, you will have access
to our Affiliate Dashboard. Here you will be able to review our
Program’s details,
download HTML code (that provides for links to web pages within the
Maria's Gourmet Kitchen web site) and banner creatives, browse and get tracking
codes for our coupons and deals. In order for us to accurately keep
track of all guest visits from your site to ours, you must use the HTML
code that we provide for each banner, text link, or other affiliate link
we provide you with.


2.3.
We reserve the right, at any time, to review your placement
and approve the use of Your Links and require that you change the
placement or use to comply with the guidelines provided to you.


2.4.
The maintenance and the updating of your site will be your
responsibility. We may monitor your site as we feel necessary to make
sure that it is up-to-date and to notify you of any changes that we feel
should enhance your performance.


2.5.
It is entirely your responsibility to follow all applicable
intellectual property and other laws that pertain to your site. You must
have express permission to use any person's copyrighted material,
whether it be a writing, an image, or any other copyrightable work. We
will not be responsible (and you will be solely responsible) if you use
another person's copyrighted material or other intellectual property in
violation of the law or any third party rights.


3. Our  Rights and Obligations


3.1.
We have the right to monitor your site at any time to determine if you
are following the terms and conditions of this Agreement. We may notify
you of any changes to your site that we feel should be made, or to make
sure that your links to our web site are appropriate and to notify
further you of any changes that we feel should be made. If you do not
make the changes to your site that we feel are necessary, we reserve the
right to terminate your participation in our Affiliate
Program.


3.2.
We reserve the right to terminate this Agreement and your
participation in our Affiliate Program immediately and
without notice to you should you commit fraud in your use of our Affiliate Program or should you abuse this program in any
way. If such fraud or abuse is detected, we shall not be
liable to you for any commissions for such fraudulent sales.


3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.


4. Termination
Either
you or we may end this Agreement AT ANY TIME, with or without cause, by
giving the other party written notice. Written notice can be in the
form of mail, email or fax. In addition, this Agreement will terminate
immediately upon any breach of this Agreement by you.


5. Modification
We
may modify any of the terms and conditions in this Agreement at any
time at our sole discretion. In such event, you will be notified by
email. Modifications may include, but are not limited to, changes in the
payment procedures and Affiliate Program rules. If any
modification is unacceptable to you, your only option is to end this
Agreement. Your continued participation in our Affiliate
Program following the posting of the change notice or new Agreement on
our site will indicate your agreement to the changes.


6. Payment All payments will be made on a monthly basis and at the beginning of the calendar month as long as the minimum commission payment thresholds as defined in the Affiliate Dashboard are attained.

7. Access to Affiliate Account Interface
You
will create a password so that you may securely enter our Affiliate Dashboard online. The Dashboard will enable you to receive reports that will describe our calculation of the commissions due
to you.


8. Promotion Restrictions


8.1.
You are free to promote your own web sites, but naturally any promotion
that mentions Maria's Gourmet Kitchen could be perceived by the public or the
press as a joint effort. You should know that certain forms of
advertising are always prohibited by Maria's Gourmet Kitchen. For example,
advertising commonly referred to as "spamming" is unacceptable to us and
could cause damage to our name. Other generally prohibited forms of
advertising include the use of unsolicited commercial email (UCE),
postings to non-commercial newsgroups and cross-posting to multiple
newsgroups at once. In addition, you may not advertise in any way that
effectively conceals or misrepresents your identity, your domain name,
or your return email address. You may use mailings to customers to
promote Maria's Gourmet Kitchen so long as the recipient is already a customer or
subscriber of your services or web site, and recipients have the option
to remove themselves from future mailings. Also, you may post to
newsgroups to promote Maria's Gourmet Kitchen so long as the news group
specifically welcomes commercial messages. At all times, you must
clearly represent yourself and your web sites as independent from
Maria's Gourmet Kitchen. If it comes to our attention that you are spamming, we
will consider that cause for immediate termination of this Agreement and
your participation in our Affiliate Program. Any pending
balances owed to you will not be paid if your account is terminated due
to such unacceptable advertising or solicitation.


8.2.
Affiliates that bid in their
Pay-Per-Click campaigns on keywords such as Maria's Gourmet Kitchen, Mariasgourmetkitchen.com and/or any misspellings or similar
alterations of these – be it separately or in combination with other
keywords – and direct the traffic from such campaigns to their
own website prior to re-directing it to ours, will be considered
trademark violators, and will be banned from our Affiliate
Program. We will do everything possible to contact the affiliate prior
to the ban. However, we reserve the right to expel any trademark
violator from our affiliate program without prior notice, and on the
first occurrence of such PPC bidding behavior.


8.3.
Affiliate shall not transmit any so-called “interstitials,”
“Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance
Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets”
or “deceptive pop-ups and/or pop-unders” to consumers from the time the
consumer clicks on a qualifying link until such time as the consumer
has fully exited our site (i.e., no page from our site or any Maria's Gourmet Kitchen content or branding is visible on the end-user’s screen).
As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean
an application that (a) through accidental or direct intent causes the
overwriting of affiliate and non affiliate commission tracking cookies
through any other means than a customer initiated click on a qualifying
link on a web page or email; (b) intercepts searches to redirect traffic
through an installed software, thereby causing, pop ups, commission
tracking cookies to be put in place or other commission tracking cookies
to be overwritten where a user would under normal circumstances have
arrived at the same destination through the results given by the search
(search engines being, but not limited to, Google, MSN, Yahoo, Overture,
AltaVista, Hotbot and similar search or directory engines); (c) set
commission tracking cookies through loading of Merchant site in IFrames,
hidden links and automatic pop ups that open Maria's Gourmet Kitchen's site; (d)
targets text on web sites, other than those web sites 100% owned by the
application owner, for the purpose of contextual marketing; (e) removes,
replaces or blocks the visibility of Affiliate banners with any other
banners, other than those that are on web sites 100% owned by the owner
of the application.

9. Grant of Licenses


9.1.
We grant to you a non-exclusive, non-transferable, revocable right to
(i) access our site through HTML links solely in accordance with the
terms of this Agreement and (ii) solely in connection with such links,
to use our logos, trade names, trademarks, and similar identifying
material (collectively, the "Licensed Materials") that we provide to you
or authorize for such purpose. You are only entitled to use the
Licensed Materials to the extent that you are a member in good standing
of our Affiliate Program. You agree that all uses of the
Licensed Materials will be on behalf of Maria's Gourmet Kitchen and the good will
associated therewith will inure to the sole benefit of Maria's Gourmet Kitchen.


9.2.
Each party agrees not to use the other's proprietary materials in any
manner that is disparaging, misleading, obscene or that otherwise
portrays the party in a negative light. Each party reserves all of its
respective rights in the proprietary materials covered by this license.
Other than the license granted in this Agreement, each party retains all
right, title, and interest to its respective rights and no right,
title, or interest is transferred to the other.


10. Disclaimer
MARIA'S GOURMET KITCHEN LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING
OUR SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED
THEREIN, ANY IMPLIED WARRANTIES OF MARIA'S GOURMET KITCHEN'S ABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND
EXCLUDED. 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.


11. Representations and Warranties
You represent and warrant that:


11.1.
This Agreement has been duly and validly executed and delivered by you
and constitutes your legal, valid, and binding obligation, enforceable
against you in accordance with its terms;


11.2.
You have the full right, power, and authority to enter into and be
bound by the terms and conditions of this Agreement and to perform your
obligations under this Agreement, without the approval or consent of any
other party;


11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.


12. Limitations of Liability
WE
WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR
OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST
BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN
THIS AGREEMENT, IN NO EVENT SHALL MARIA'S GOURMET KITCHEN'S CUMULATIVE LIABILITY TO
YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN
CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE
THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS
AGREEMENT. 


13. Indemnification
You
hereby agree to indemnify and hold harmless Maria's Gourmet Kitchen LLC, 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 the affiliate
trademarks 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. 


14. Confidentiality
All
confidential information, including, but not limited to, any business,
technical, financial, and customer information, disclosed by one party
to the other during negotiation or the effective term of this Agreement
which is marked "Confidential," will remain the sole property of the
disclosing party, and each party will keep in confidence and not use or
disclose such proprietary information of the other party without express
written permission of the disclosing party. 


15. Miscellaneous


15.1.
You agree that you are an independent contractor, and nothing in this
Agreement will create any partnership, joint venture, agency, franchise,
sales representative, or employment relationship between you and
us. 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 any other of Your Site or otherwise, that reasonably
would contradict anything in this Section.


15.2.
Neither party may assign its rights or obligations under this Agreement
to any party, except to a party who obtains all or substantially all of
the business or assets of a third party.


15.3.
This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Texas without regard to the conflicts of
laws and principles thereof.


15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.


15.5.
This Agreement represents the entire agreement between us and you, and
shall supersede all prior agreements and communications of the parties,
oral or written.


15.6.
The headings and titles contained in this Agreement are included for
convenience only, and shall not limit or otherwise affect the terms of
this Agreement.


15.7.
If any provision of this Agreement is held to be invalid or
unenforceable, that provision shall be eliminated or limited to the
minimum extent necessary such that the intent of the parties is
effectuated, and the remainder of this agreement shall have full force
and effect. 

 Print this text Return to registration page