Electronic Music Library - Affiliate Program

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Terms and Conditions
	To be an authorized affiliate of Electronic Music Library, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Electronic Music Library service as an affiliate. By signing up for the Electronic Music Library affiliate program, you indicate your acceptance of this agreement and its terms and conditions. ------------------------------------------------------------- Electronic Music Library Affiliate Program - Terms and Conditions In consideration for Your participation in the Electronic Music Library Affiliate Program (the "Program") maintained by Electronic-Music-Library.com ("Electronic Music Library"), You agree to comply with these Terms and Conditions ("Terms and Conditions"). (1) Electronic Music Library Trademarks. You will not use in your domain name or URL nor purchase or register in any search, referral, or advertising service (such as Google's AdWords program) any of the following terms: a. Any domestic or international Electronic Music Library company trademarks, and all translations thereof, including without limitation, "Electronic Music Library", “Electronic-Music-Library.com,” “kesseny,” “Ambient Music Garden,” “Relaxation Music Garden,” “Background Music Library,” “Complex Licensing Made Easy,” or any URL or keyword string that includes Electronic Music Library company names (for example, "www.yourcompany-Electronic-Music-Library.com"); or b. Variations of any Electronic Music Library company trademarks (for example, "My-Electronic-Music-Library.com"). * Please note: this is not an exhaustive list of prohibited words, phrases, or combinations thereof. (2) Unacceptable terms. You shall not purchase or register search engine keywords, AdWords, search terms or other identifying terms that Electronic Music Library considers in its sole discretion to fall into any of the following categories: - Promote sexually explicit materials - Promote violence - Promote illegal activities - Promote fake or counterfeit items - Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age - Infringe upon others' intellectual property rights (3) Tracking Tags. As part of the Program, Electronic Music Library may provide you with tools, products, and creative assets (collectively, "Assets") that include information that helps track Transactions generated by You and attribute them to Your Account. You will use each of these Assets only in their intended manner as instructed by Electronic Music Library, and will not corrupt, modify, or disable them. You will not deliver any Electronic Music Library-related cookies or other tracking tags to the computers of users that are merely viewing Your advertisements or while Your applications are merely active or open. (4) Compensation & Payment. a. Commissions. You will receive compensation equal to a percent of the retail price for each sale of a Qualifying Product as set forth on the detail page, minus any discounts for special offers or coupons, if the sale originated from a properly formatted affiliate link, in accordance with the PSA. "Qualifying Products" shall mean products (subject to the below restrictions) that are found in the Electronic-Music-Library.com Marketplace, including without limitation Portal Pages, Category Pages, Search Results; Shops that have opted-in to the Electronic Music Library Affiliate Program; Product Pages; and Create & Buy. Qualifying Products do not include (a) Custom Postage, (b) a third party fulfillment product, or (c) Bulk Orders (http://www.electronic-music-library.com/royalty-free-music-for-distribution-wholesale.html). Any reference to “Qualifying Product” shall include any one of the Qualifying Products. b. Payment. Electronic Music Library reserves the right to delay Your compensation (i) if there is a suspicion of bad faith associated with any transaction driven by You, (ii) if You are suspected of causing users non-compliance with Electronic-Music-Library.com’s Term of Service (http://www.electronic-music-library.com/music-website-tos.html), and/or (iii) if You are suspected of linking to Your own Qualifying Products or Electronic-Music-Library.com Store. (5) Prohibited Affiliate Links. You may not include affiliate links on any Electronic Music Library-owned web page, such as a Electronic-Music-Library.com Store. (7) Your Responsibility for Your Agents. You will not make any commitments or representations on behalf of Electronic Music Library with regard to any relationship You enter into with Your Sub-Publishers, Distribution Partners, or any other third parties (collectively, "Agents") in connection with your promotion of a Electronic Music Library site. You will ensure that Your Agents agree to terms and conditions that are at least as restrictive as these Terms and Conditions, subject to applicable law, and shall include a provision in such terms and conditions that Electronic Music Library is a third party beneficiary. Any violation by Your Agents of these Terms and Conditions shall constitute a violation by You, and Electronic Music Library shall have full recourse against You with respect to such a violation, including without limitation, suspension or termination from the Program. Electronic Music Library reserves the right to terminate any affiliate engaging in "Sub-Publisher" or "distribution partner" agent relationships at any time, at Electronic Music Library' discretion, based on a breach of these Terms and Conditions by Your Agent (8) Disclaimer of Warranties. Electronic Music Library DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Electronic Music Library EXPRESSLY DISCLAIMS ALL LIABILITY RELATING TO THESE TERMS AND CONDITIONS OR THE PROGRAM. (9) Publisher's Indemnification Obligations. You will defend, indemnify, and hold Electronic Music Library harmless against all claims, liabilities, and expenses claimed or incurred by third parties directly or indirectly as a result of any breach of these Terms and Conditions, and/or distribution or use of applications or content by You, Your Agents, or anyone else that you are affiliated with. (10) Remedy for Breach. If You breach any of these Terms and Conditions, in addition to any other available remedies, Electronic Music Library may remove You from the Program immediately, withhold or recover any compensation for transactions not in compliance with these Terms and Conditions, and seek removal of any search terms registered or purchased in violation of these Terms and Conditions. (11) Amendment. Electronic-Music-Library.com reserves the right to add, delete and/or modify any of the Terms and Conditions contained herein, at any time and in its sole discretion, by posting a change notice or new terms and conditions. In the event of a change to these Terms and Conditions, Electronic-Music-Library.com shall provide Publisher with seven (7) days prior notice of any changes by posting a change notice. In the event of substantive changes to these Terms and Conditions, you may be notified by email. If any modification is unacceptable to you, you can choose to terminate your participation in the Program. Your continued participation in the Program following posting of a change notice or new terms and conditions will constitute binding acceptance of the changes. Acceptance. By clicking on the "ACCEPT" link below, You are agreeing to be bound by these Terms and Conditions. If You do not understand or agree to all of these Terms and Conditions please use the Contact Us form on the home page.
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