Tackle Monkey Inc. - TackleMonkey.com Affiliate Program

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Welcome Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.

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Terms and Conditions
	To be an authorized affiliate of TackleMonkey.com, (DBA Tackle Monkey Inc.) you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the TackleMonkey.com service as an affiliate. By signing up for the TackleMonkey.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions. 1) Terms of the Agreement: The term of this Agreement will begin upon our acceptance of your Affiliate 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. You are only eligible to earn referral fees on sales occurring during the term. 2) Enrollment Process: To begin the enrollment process, Affiliate will submit an application. Tackle Monkey Inc. may reject Affiliate's application if we determine that Affiliate's site is unsuitable for the Affiliate Program. Reasons for rejection can include, but are not limited to, the Affiliate's site promoting violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or the Affiliate's site promoting illegal activities and/or violating intellectual property rights, or the Affiliate's site promoting or connecting to pornography. Rejection of application may also occur if any information on the application is falsified. Application also may (at the discretion of Tackle Monkey Inc.) be rejected if the content of the applicants site is not related to our target product industry. 3) 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 this site. Modifications may include, for example, changes in the scope of available referral fees, 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. 4) 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 to this Agreement. 5) Acknowledgement: 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. 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. 6) SPAM: Any Affiliate accused of SPAMMING will be immediately removed from our affiliate program. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed you. 7) Miscellaneous: This Agreement shall be governed by the law of the State of North Carolina and shall be deemed to have been made in Wake County, North Carolina, 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 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. 8) Linking: We will provide you with textual and graphical links (Link Materials) with which you may link your Web site to our Web site. These Link Materials are available in your affiliate login panel in the 'Affiliate Marketing' area. If you are an approved Affiliate, we grant you a non-exclusive limited license solely to reproduce and use these Link Materials, including our trademarks to the extent they are incorporated into these Link Materials, only while you are an Affiliate and only in accordance with the terms and conditions of this Agreement. You agree to display the Link Materials appropriately on your Web site, and to respect our trademarks, service marks, and other rights in the Link Materials. You will use these Link Materials to link to TackleMonkey.com only. You will use reasonable efforts to update to new versions of Link Materials as we make them available. 9) Public Announcement. You may not mention TackleMonkey.com in a press release or other public statement (other than the Advertisement Links) unless You have received prior written approval from TackleMonkey.com. 10) Property Ownership Rights. Affiliate agrees and acknowledges that TackleMonkey.com (DBA Tackle Monkey Inc.) retains all rights, title and interest in and to all property rights embodied in or associated with the TackleMonkey.com Content. Affiliate represents and warrants that it will not take any action or assist any third party to take action challenging, contesting or otherwise inconsistent with TackleMonkey.com's ownership of the TackleMonkey.com Content and any goodwill and benefits accruing from the use of such TackleMonkey.com Content will automatically vest in TackleMonkey.com. 11) Tracking: TackleMonkey.com utilizes the iDevAffiliate Tracking Program which will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. TackleMonkey.com, through Tackle Monkey Inc.., will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, which is necessary to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by TackleMonkey.com, affiliates hereby acknowledge and accept that the tracking system we use is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons: * Failure by the affiliate to use the proper format of the specially assigned URL in promotions, web page links, banner ads, and so on. * Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track that sale. * Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time. * Acts of nature that cause irretrievable data loss on the computers and back-up disk media. 10) Relationships and Responsibilities: You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. 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) Relationship of Parties: TackleMonkey.com and Tackle Monkey Inc.. and your company are independent companies/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 agreement.


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