La Bella Baskets Program Agreement
This Agreement contains the complete terms
Welcome to LaBellaBaskets.com. La Bella Baskets provides its services to you subject to the following conditions. If you visit or purchase at LaBellaBaskets.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future La Bella Baskets service or visit or purchase from any business affiliated with La Bella Baskets, whether or not included in the LaBellaBaskets.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
La Bella Baskets Member Agreement
The following are the terms and conditions (these "Terms and Conditions”) of participating in the La Bella Baskets Member Program (the "Program”). "Member" refers to you. We may also refer to you as "you” or "your” in the possessive. "Site" refers to us. "Site" means a World Wide Web site and, depending on the context, refers either to the La Bella Baskets site, located at the URL www..labellabaskets.com, or to any site that you will link to our site (and which you will identify in your Program application).
La Bella Baskets reserves the right to amend these Terms and Conditions as needed from time to time. You agree that any such amendment will apply to you, the Member. By accepting commissions where applicable and/r continuing to use La Bella Baskets products, Member agrees to these amendments.
Sending any e-mail on any subject to anyone or any organization that has not requested this information, without specifically requesting it directly or by giving his or her permission for you to send them information, is prohibited. We do not tolerate members sending junk e-mail. Because of the nature of our service, you may be tempted to profit by sending mass e-mails. Be advised: You may not send unsolicited e-mail. E-mails are much more effective when sent to groups in an e-mail newsletter or other participating in a group program.
Sending junk e-mail advertising of any kind from our website(s) is cause for immediate and permanent termination of your account, including any and all affiliate commissions, where applicable.
We accept and log spamming complaints at our home office. The accumulation of 5 or more complaints to any single e-mail account is grounds for termination.
If you violate this policy and it causes damage or loss to our servers, or causes one (or more) of our web sites to be interrupted from normal service, you will be held liable for actual damages and/or any indirect, incidental, special or consequential damages, such as loss of business.;
Participation in the Program
Your participation in the Program is based on good faith, to wit: that you represent the offers and savings, as delivered to you, correctly. We may terminate your membership in the Program at any time if we determine (in our sole discretion) that your representation and sites whereon you are advertising are unsuitable for the Program. Unsuitable sites include those that:
* Promote sexually explicit materials;
* Promote violence;
* Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
* Promote illegal activities; or
* Violate intellectual property rights.
If we terminate your membership in the Program for any reason, you are welcome to reapply to the Program at any time or contest the termination. You should also note that if we accept your application and you have your own site and the site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this agreement implicit in thee Terms and Conditions.
Payments and Fees
As consideration for the services purchased, you agree to pay La Bella Baskets a monthly service fee of $19.95, billed to your credit card. If your credit card is declined, you will be notified. La Bella Baskets reserves the right to terminate the service agreement upon your failure to pay on a timely basis. LaBellaBaskets.com services are billed on a monthly basis for the current calendar month. Merchants are responsible for payment upon the period billing date. You agree to pay your monthly bill until you cancel your account with the required 10 day notice. After the 10 day notice period expires you will no longer be charged the monthly billing fee. Commissions will continue to be paid to you during this 10 day period.
NO FULL or PARTIAL REFUNDS of your payments will be granted.
You will receive a welcome email upon registration that includes instructions and a link to a tax form you are required to complete and return. Please complete the form in its entirety and either mail it to La Bella Baskets corporate office. It is imperative that you complete and send this form as quickly as possible, as we are unable to process your commission checks without a completed form.
Where applicable, affiliate commissions will be paid on a twice a month basis.
1st and the 16th of every month. In calculating affiliate commissions, we will deduct the corresponding affiliate commission if any transaction is returned for any reason. It is your sole responsibility to insure the correctness of your contact information. Checks will be mailed to the contact information contained in your account. We are not responsible for lost commission checks due to outdated or incorrect information in your account. All tax liabilities incurred due to commission payments are your sole responsibility. La Bella Baskets will provide tax statements required by current tax code.
You will receive a compensation check (two times a month) for the orders that were processed during the billing period. These checks will be mailed by the 1st and the 16th of the current billing month.
You will receive an IRS1099 form at tax time if La Bella Baskets has issued payments to you which reach or exceed $600.00 during the course of the previous year. No forms will be sent if your commissions do not reach or exceed $600.00, but you may be still be required to report this income on your taxes. Please check with your individual state and federal agencies for applicable requirements. IRS 1099 reporting may be changed at any time and we will produce your 1099 in accordance with the IRS requirements for the applicable tax year.
Account Cancellation Process
To cancel your account, please submit a request to firstname.lastname@example.org and contact us at: 800-584-5539. Your account will remain active for 10 days from the date the email is received. Regular billing and commission cycles will continue. At the end of 10 days your store will be closed and your account will no longer be charged the monthly fees. You may cancel your notice at any time during this period and reinstate your store into the active cue without penalty. Just send an email to email@example.com to request removal from the cancellation cue. All commissions due from date of cancellation notice to end of notice period will be held until the next commission due date after deactivation in order to accommodate any product returns..
Responsibility for Your Marketing
You are solely responsible for the development, marketing, promotion, of any/all member affiliate sites that YOU design or use, that is not authorized by La Bella Baskets and/or unethical use or misrepresentation of any of the marketing materiel we provide for you. The success of your marketing efforts, as reflected in the number of sales and affiliate sign-ups, may vary based on current marketing conditions. Any creative materials we provide for marketing and the Program in general carry no guaranteed or successful or profitable results.
For example, you will be solely responsible for: *
The accuracy and appropriateness of materials posted on Member sites (including, among other things, all product-related materials);
* Ensuring that materials posted on member sites do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) or violate any city, county, state or federal law;
* Ensuring that materials posted on Member sites are not libelous or otherwise illegal;
Please review our Privacy Notice, which also governs your visit to LaBellaBaskets.com, to understand our practices.
When you visit LaBellaBaskets.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of La Bella Baskets or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of La Bella Baskets and protected by U.S. and international copyright laws. All software used on this site is the property of La Bella Baskets or its software suppliers and protected by United States and international copyright laws.
License and Site Access
La Bella Baskets grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of La Bella Baskets. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of La Bella Baskets. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of La Bella Baskets.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing La Bella Baskets name or trademarks without the express written consent of La Bella Baskets. Any unauthorized use terminates the permission or license granted by La Bella Baskets. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of your LaBellaBaskets.com site so long as the link does not portray La Bella Baskets, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You are authorized to use any La Bella Baskets.com banner found in the marketing tools as part of the link.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. La Bella Baskets does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use La Bella Baskets only with involvement of a parent or guardian. La Bella Baskets reserves the right to refuse service, terminate accounts, remove or edit content, cancel orders or accounts at its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. La Bella Baskets reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant La Bella Baskets a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant La Bella Baskets the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify La Bella Baskets for all claims resulting from content you supply. La Bella Baskets has the right but not the obligation to monitor and edit or remove any activity or content. La Bella Baskets takes no responsibility and assumes no liability for any content posted by you or any third party.
La Bella Baskets and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email firstname.lastname@example.org
Risk of Loss
All items purchased from La Bella Baskets are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
La Bella Baskets attempts to be as accurate as possible. However, La Bella Baskets does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by La Bella Baskets itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY La Bella Baskets ON AN "AS IS" AND "AS AVAILABLE" BASIS. La Bella Baskets MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, La Bella Baskets DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. La Bella Baskets DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM La Bella Baskets ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. La Bella Baskets WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting LaBellaBaskets.com, or purchasing products from or otherwise doing business with La Bella Baskets, you agree that the laws of the states of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and La Bella Baskets.
Any dispute relating in any way to your visit to LaBellaBaskets.com or to products you purchase from La Bella Baskets shall be submitted to confidential arbitration in Austin, Texas, except that, to the extent you have in any manner violated or threatened to violate La Bella Baskets intellectual property rights, La Bella Baskets may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification and Severability
1. Member may not use his or her knowledge, or association with other Members to compete against La Bella Baskets. However, Members may partner with companies for the purpose of marketing or selling products from their Member sites. This would include, but not be limited to, Online Auction sites, traffic promotion sites, etc.
2. Member agrees that he or she is an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of La Bella Baskets. Member further agrees not to incur any debt, expense, and obligation on behalf of, for, or in the name of La Bella Baskets.
3. Applications for Member status are subject to approval by La Bella Baskets.
4. Member must be of legal age in his/her state.
5. Members will be issued a "Member Link", or unique URL, which allows La Bella Baskets to identify visitors from Member site as originating from Member. These visitors are tracked with this unique URL and sales are recorded with the appropriate Member ID. To receive commissions, Member must use the provided Member Link. The URL may be in various forms such as a banner, image, or text link.
6. Member is solely responsible for insuring that his or her Member Link is set up properly to qualify for commissions.
7. La Bella Baskets is not responsible for acts by third parties, or other events outside our reasonable control, which may temporarily disrupt or diminish Member’s service.
8. Member shall follow La Bella Baskets advertising guidelines and agrees not to misrepresent La Bella Basket's products or services.
9. La Bella Baskets shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to these terms and conditions or the Program, irrespective if La Bella Baskets has been advised of the possibility of such damages. La Bella Baskets aggregate liability arising under or with respect to these Terms and Conditions and/or the Program shall in no event exceed the total commissions paid or payable by La Bella Baskets under this agreement.
10. La Bella Baskets makes no warranties, expressed or implied, with regard to the Program except as outlined in there Terms and Conditions.
11. In the event that a provision in these Terms and Conditions is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of these Terms and Conditions will remain in full force and effect.