CanOrganizer.com - Affiliate Program

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Terms and Conditions
	To be an authorized affiliate of canorganizer.com, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the canorganizer.com service as an affiliate. By signing up for the canorganizer.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions. 1. Suitability We may reject your participation in this Program if we determine, at any time and at our sole discretion, that Your Site is unsuitable for the Program. Your Site may be deemed by us to be unsuitable if, in our view, it: contains, promotes or links to sexually explicit or violent material; promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age; contains unlawful material, including but not limited to materials that may violate another's intellectual property rights, or links to a site that contains such material; contains information regarding, promotes or links to a site that provides information or promotes illegal activity; or for any other reason that is deemed by us to be unsuitable. You understand that we reserve the right to conclude that Your Site is unsuitable in accordance with our standards, in our sole discretion, and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion is proven not to be well-founded or if others' sites have not been deemed unsuitable despite having the same or similar characteristics as Your Site. 2. Usage Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text ads necessary to promote and offer the services to Your Site's visitors and/or its members. The Link may consist of ads containing text or graphic images provided by us (and is subject to change from time to time in our sole discretion) and may contain our logo or other company references. In utilizing any provided Link, you agree that you will cooperate fully with us in order to establish and maintain such link. You also agree that you will display only those links that are provided by us, and you will substitute such links with any new or update links provided by us from time to time throughout the term of this Agreement. All links may be modified by us and/or expanded from time to time throughout the term of this Agreement. Each link connecting users of Your Site to the pertinent area of Our Site shall in no way alter the look, feel or functionality of Our Site. You may not use unsolicited commercial email (UCE), spam, search engine spam, or other illegal or unethical means by which to generate referral commissions. To obtain permission to advertise the link in ways not specifically covered in this Agreement, you must email with your proposed advertising method, affiliate ID, and personal contact information and we will then contact you regarding this request. Such requests will be given due consideration, however, we reserve the right to deny any such requests without reason or justification, at our sole discretion. You understand that the links and any related banners, graphics, artwork, or text are intellectual property, and that your use of those links is governed by the terms of this Agreement and by relevant State, Federal, and International law. 3. Our Responsibilities We will be responsible for providing all information necessary to allow you to make appropriate links from Your Site to Our Site. We will be solely responsible for processing every order, for tracking the number and amount of sales generated by the link from Your Site, and for providing information to you regarding commission payments. Also, we will be responsible for credit card authorizations, payment processing, cancellations, returns, and related customer service for services, it being understood that such activities shall be for our account. We are responsible for establishing commission schedules and payouts of earned Commissions. 4. Your Responsibilities If you qualify and agree to participate as an affiliate: You may display the provided link prominently throughout Your Site as you see fit and without our prior consent subject to the terms and limitations of this Agreement. You may not be entitled to participate and promote on Your Site any special promotions we may offer, and in connection therewith, only upon our discretion shall we make such contests and promotions available to users of Your Site. If we do decide to allow affiliates to participate, you will be provided with approved licensed ads only for those you are allowed to offer. You shall not misrepresent CanOrganizer, LLC or its products or services, or otherwise make any claims, representations, or warranties in connection with other than as expressly authorized by CanOrganizer, LLC. You shall have no authority to, and shall not bind CanOrganizer, LLC to any obligations, except as may be expressly set forth herein to the contrary or as otherwise agreed to and approved in advance in writing. Nothing in this Agreement nor any conduct of either party shall be deemed to constitute an employment or agency relationship. You are solely responsible for ensuring that Your Site and your products and services that you comply with all applicable copyright and other laws, including, without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material on Your Site in violation of the law or any agreement, and your indemnity as outlined in Section 16 will protect us if you do so. You are 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, the technical operation of Your Site and all related equipment; the accuracy and propriety of materials posted on Your Site; and ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability for all such matters. You may not: directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using the Link on your site to access Our Site; Read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; other than providing the link on your site in accordance with this Agreement, post or serve any advertisements or promotional promoting Our Site or otherwise around or in conjunction with the display of the CanOrganizer.com (e.g., through any "framing" technique or technology or pop-up or pop-under windows); or seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of CanOrganizer.com, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. If we determine, in our sole discretion, that you have engaged in any of the activities outlined, we may (without limiting any other rights or remedies available to us) withhold any Commissions otherwise payable to you under this Agreement and/or terminate this Agreement. We have the right, but not the obligation, in our sole discretion, to monitor Your Site and your usage of the Link at any time and from time to time to determine if you are in compliance with the terms of this Agreement. We are obligated under Federal law to obtain certain tax information from Affiliate Program participants who are U.S. citizens, residents or corporations or others whose businesses are taxable in the U.S. If we believe we are obligated to obtain tax information from you and you do not provide this information to us, we may withhold Affiliate payments until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain such information. 5. Payments and Fee Schedule You will earn Commissions based on the sale of CanOrganizer, LLC Products according to the current fee schedule for the Affiliate Program and the guidelines of this Agreement, set forth herein, during the month in which such services are sold. We reserve the right to modify the commission value of a sold product or service at any time. The Commissions are accumulated for every unique paying customer referred to us by Your Site, utilizing the links between Your Site and Our Site, excluding sales/amounts due to credit card or other fraud, charge backs and bad debt and credits for cancelled services ("Net Sales"). We reserve the right to delay or reclaim a payment for up to ninety (90) days to allow for the aforementioned actions to take place. Payment will be made to you either via the credit or other payment method which you keep on file with CanOrganizer.com or via mailed check to your address on file with CanOrganizer, LLC, at our discretion. CanOrganizer, LLC will track the Commissions earned per Agent/Affiliate. CanOrganizer, LLC will track all Commissions earned and may, at its absolute discretion, decide not to pay any Commission to you should CanOrganizer, LLC believe that any referral has been made in violation of its technical guidelines, due to referral/customer fraud, or due to referral/customer contract cancellation. It is the Affiliate's sole and absolute duty to follow precisely this Agreement and its guidelines at all times. CanOrganizer, LLC is under no obligation whatsoever to pay any Commission to any Affiliate who does not strictly follow this Agreement and its guidelines, as modified from time to time. CanOrganizer.com determination of the commissions due shall be dispositive. CanOrganizer, LLC reserves the right to prosecute or take legal action against any fraud, or conspiracy to defraud and to recover any Commissions paid to an Affiliate which were earned as a result of such fraud. Fraud includes knowingly violating the terms and spirit of this Agreement. 6. Publicity You shall not create, publish, distribute, or permit any written or graphical material that makes reference to CanOrganizer, LLC other than those mentioned in this Agreement or otherwise provided by CanOrganizer, LLC, without our prior written consent, which may be granted, in our sole discretion, provided such materials are not in direct conflict with CanOrganizer, LLC own marketing efforts. 7. Licenses and Use of Logos and Trademarks We grant you a non-exclusive, non-transferable, revocable right: to access Our Site through the link solely in accordance with the terms of this agreement; and solely in connection with the link, to use our logos, trade names, trademarks and similar identifying material relating to us and which we provide to you (collectively, the "Licensed Materials"), for the sole purpose of establishing a link to Our Site so users of Your Site can purchase CanOrganizer, LLC products. You may not alter, modify or change the link or Licensed Materials in any way. You may use only authorized, licensed advertising or ads. Any unauthorized use of the CanOrganizer, LLC links, text, banners or other ads not approved of or provided by CanOrganizer, LLC may be cause for immediate termination of this Agreement. 8. Term of this Agreement and Termination The term of this Agreement will begin upon your acceptance of this Agreement and our acceptance of your application for the Affiliate Program, and will end when terminated by either party. CanOrganizer, LLC may terminate this Agreement immediately at any time, with or without cause. Should you cease your publication of the link this Agreement shall be deemed terminated by you. Violation of this Agreement shall constitute grounds for immediate termination of this Agreement. Upon termination of this Agreement: C anOrganizer, LLC's acceptance of referrals obtained through Your Site shall not constitute a continuation or renewal of this Agreement or a waiver of such termination; you shall be entitled only to those Commissions, if any, earned by you on or prior to the date of termination excluding amounts due to actual fraud, credit card fraud, credit card chargebacks and bad debt and credits for cancelled services or as otherwise in violation of this Agreement; you shall in no event be entitled to Commissions with respect to referrals delivered after the date of termination, irrespective of whether any service or product order, contract, or commitment relating thereto was entered into prior to the date of termination; upon termination, your rights and licenses under this agreement shall immediately terminate and you shall remove the Link or other Licensed Materials from Your Site; and you shall return to CanOrganizer, LLC any confidential information, and all copies thereof, in its possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of CanOrganizer, LLC. We may withhold payment of Commissions, or any portion thereof, for a reasonable time to ensure that the correct amount is paid and the sale is legitimate under the terms of this agreement, although generally payments will continue to follow the schedule as outlined. Upon any termination of this Agreement, you and CanOrganizer, LLC will be released from all obligations and liabilities to the other occurring or arising after the date of such termination or the transactions contemplated hereby, except with respect to those obligations which by their nature are designed to survive termination as provided herein; provided that no such termination will relieve you from any liability arising from any breach of this Agreement occurring prior to termination. 9. Modification We reserve the right to modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion. Modifications may include, but are not limited to, changes in the scope of available referral fees, commission 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. No amendment, modification or supplement to this Agreement shall be effective unless it is posted by an authorized representative CanOrganizer, LLC. 10. Relationship of Parties You and CanOrganizer, LLC 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. 11. Representations and Warranties You represent that: You are duly organized, validly existing, and in good standing under the laws of the state or country of your origin, or you are an adult at least eighteen (18) years of age; you have all requisite power and authority to enter into this Agreement and to carry out and perform its obligations under the terms of this Agreement; This Agreement has been duly authorized, executed, and delivered by you and is a valid and binding obligation enforceable in accordance with its terms; and The execution, delivery, and performance of and compliance with this Agreement does not and will not (i) conflict with, or constitute a default under, or result in the creation of, any mortgage, pledge, lien, encumbrance or charge upon any of your properties or assets, nor result in any violation of any term of your governing documents, (ii) in any material respect, any term or provision of any mortgage, indenture, contract, agreement, instrument, judgment or decree, or (iii) to the best of your knowledge, any order, status, rule or regulation applicable to you, the violation of which would have a material adverse effect on your business or properties. 12. Confidentiality Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or through a source or sources other than such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information to any person pursuant to a subpoena issued by any court or administrative agency,to its accountants, attorneys or other agents on a confidential basis, and otherwise as required by applicable law, rule, regulation or legal process including, without limitation, the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder. 13. Limitation of Liability WITHOUT LIMITING THE GENERALITY OF THE FOREGOING. CANORGANIZER.COM SHALL IN NO EVENT BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, SUBSCRIBERS, FOR INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS, OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF CANORGANIZER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE. 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. CANORGANIZER.COM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE PERFORMANCE OR FUNCTIONALITY OF THE SERVICES, OR OUR AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO THE LINK OR OTHER AFFILIATE ADVERTISEMENTS AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. UNDER NO CIRCUMSTANCES SHALL CANORGANIZER, LLC. BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, CUSTOMERS, FOR ANY LOSS, INJURY, OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS, DELAYS, OR INTERRUPTIONS IN THE RECEIPT, TRANSMISSION, OR STORAGE OF ANY MESSAGES OR INFORMATION ARISING OUT OF OR IN CONNECTION WITH THE AFFILIATE PROGRAM 14. Indemnification You hereby agree to indemnify and hold harmless CanOrganizer, LLC, its parent company, sister companies, 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, expenses (including reasonable attorneys' fees), and costs (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, or in any way connected with this Agreement, including but not limited to: any breach by you of any warranty, representation, or agreement contained herein, the performance of your duties and obligations hereunder, your negligence, any injury (including death) to persons or damages to property caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of any intellectual property, including but not limited to the banners, logos, text or graphics, and or any part of the Affiliate Program. 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, Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, the development, operation, maintenance and of Your Site and products and services offered from Your Site, or any claim related to Your Site, including, without limitation, therein not attributable to us. 15. Notification All notices to us in connection with this Agreement shall be deemed given as of the day they are received either by messenger, delivery service or in the United States of America mails, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Can Organizer, LLC PO BOX 708802 SANDY UT 84070 Any notice under this Agreement shall be given by CanOrganizer, LLC to you via email at the address provided by you to CanOrganizer, LLC at the commencement of this Agreement or as CanOrganizer, LLC is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. 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 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. Confidential Information You acknowledge that, during the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of CanOrganizer, LLC. You shall provide care to avoid disclosure or unauthorized use of the Confidential Information to any other person or entity. You shall not use the Confidential Information for purposes other than those necessary to further the purposes of this Agreement. You shall not disclose the Confidential Information to third persons or outside parties without the prior written consent of CanOrganizer, LLC. Should you be required under applicable law, rule or regulation, or pursuant to the order of any court or governmental entity of legal process of any governmental entity of competent jurisdiction to disclose Confidential Information in its possession, custody or control, you shall: give at least thirty (30) days prior written notice of such disclosure to CanOrganizer, LLC; use its best efforts to limit such disclosure; and make such disclosure only to the extent so required. Your obligations hereunder with respect to Confidential Information shall survive the expiration or earlier termination of this Agreement. 18. Miscellaneous Assignability: You shall not assign or delegate its obligations under this Agreement, either in whole or in part, without the prior written consent of CanOrganizer, LLC, in its sole discretion. Any attempted assignment in violation of the provisions of this Agreement, whether by operation of law or otherwise, will be void. This Agreement is not intended to and shall not be construed to provide any rights, remedies or benefits to or for any person or entity not a party to this Agreement. 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. Severability: If any provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect any other provision of this Agreement that can be given effect without the invalid or unenforceable provision, or the application of such provision to other persons or circumstances, and, to this end, the provisions hereof are severable. Non-Waiver: No delay or failure by CanOrganizer, LLC in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right. Remedies: The rights and remedies of CanOrganizer, LLC hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be unenforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any rights at law or otherwise of CanOrganizer, LLC for a breach or threatened breach of any provision hereof, it being the intent of this provision to make clear that the respective rights and obligations of CanOrganizer, LLC shall be enforceable in equity as well as at law or otherwise. Interpretation: This Agreement shall not be construed or interpreted in favor or against CanOrganizer, LLC or you on the basis of draftsmanship or preparation of the Agreement. 19. Governing Law This Agreement shall be interpreted under the laws of the State of Utah, without regard to any conflict of laws provisions. 20. Dispute Resolution Any claim, dispute or controversy with respect to, in connection with or arising out of this Agreement shall be subject to and decided by arbitration in City of Orem, County of Utah, by a panel of arbitrators. Each Party shall designate one disinterested arbitrator and the two arbitrators so designated shall select a third arbitrator. The arbitration proceeding shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association then and there pertaining. Any party may initiate arbitration proceedings hereunder by providing written notice ("Demand for Arbitration") to the other party to such claim, dispute or controversy. A Demand for Arbitration shall be made within a reasonable time after the claim, dispute or controversy has arisen; provided, however, that no Demand for Arbitration may be made after the date when institution of such claim, dispute or controversy would be barred by the applicable statutes of limitations. Arbitration proceedings shall be commenced within thirty (30) days of such notice or as soon thereafter as practicable, and the arbitrators shall be required to render a written determination within thirty (30) days after the commencement of such arbitration proceedings. The written award of a majority of the arbitrators shall be final and binding upon the parties and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof, including the federal district courts located in the City of Orem, County of Utah. All costs of any such arbitration shall be borne equally by the parties. The provisions of this paragraph shall survive the expiration or earlier termination of this Agreement. This Section shall not be construed to prohibit either party from seeking preliminary or permanent injunctive relief in any court of competent jurisdiction, however, the arbitrator hearing the dispute to which the injunction pertains will have the power to modify or dissolve any such injunction, or to order additional injunctive relief, in connection with the final arbitration award. The parties, their representatives, other participants, and the mediator and arbitrator shall hold the existence, content, and result of any mediation and arbitration in confidence except to the extent necessary to enforce a final settlement agreement or to obtain and secure enforcement of or a judgment on an arbitration decision and award. 21. Execution and Acceptance By using a Link provided by CanOrganizer, LLC, you execute, accept, enter into, and become party to this Agreement. At such point, CanOrganizer, LLC simultaneously and automatically becomes counter-party to this Agreement. The Effective Date of such Agreement is the day on which Link is used by you. 22. Entire Agreement Together with the above guidelines, this Agreement constitutes the entire agreement between the Parties. No prior or contemporaneous written or oral representation of the Affiliate Program form a part of this Agreement, and this Agreement supersedes all prior agreements between the Parties relating to the subject matter of this Agreement. 23. Attorneys Fees In the event CanOrganizer, LLC shall commence formal legal action to interpret and/or enforce the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys' fees and costs incurred in connection therewith.
	I have read, understand and agree to the above terms and conditions.

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