We work closely with SHOP.COM Marketplace, Inc., Conquer Entertainment, Inc., Live Enterprise, LLC d/b/a MeetON.com, Market America Worldwide, Inc. and each of their various subsidiaries and affiliated companies (collectively, our "Affiliates"). For this reason, throughout these Terms, references made to "SHOP.COM" "Market America" "Company" "we" "us" and "our" collectively include Shop MA, Inc. d/b/a SHOP.COM and/or our Affiliates.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU SHOULD REVIEW THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND SHOP.COM.
- Binding Effect. These Terms set forth the legally binding terms for your use of SHOP.COM Content. Your use of SHOP.COM Content signifies that you have read, understand and agree to be bound by these Terms. You are only authorized to use SHOP.COM Content (regardless of whether your use is intended) if you agree to abide by all applicable laws and these Terms. If you do not agree to abide by all applicable laws and these Terms, you should discontinue use of SHOP.COM Content immediately.
- Other Policies / Terms. All policies currently posted on SHOP.COM, and all policies that may be posted by us on SHOP.COM in the future, in our sole discretion, are hereby incorporated into the Terms. Additionally, the terms of any separate agreements made available to you by Market America, and to which you have agreed, shall apply.
- Modification of Terms. WE RESERVE THE RIGHT TO CHANGE, ADD TO OR DELETE PORTIONS OF ANY TERMS RELATED TO THE AFFILIATE PUBLISHER NETWORK PROGRAM, INCLUDING HOW COMMISSIONS ARE EARNED AND CALCULATED, WITHOUT FURTHER NOTICE TO YOU, IN OUR SOLE DISCRETION. If we do this, we will post such modifications on SHOP.COM Content. Each such modification shall be effective upon posting. Your continued use of SHOP.COM Content after SHOP.COM posts a modification signifies your acceptance of such modification. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.
- Eligibility. By using SHOP.COM Content, you represent and warrant:
- All registration information you submit to SHOP.COM is truthful, accurate, current and complete;
- You will update and maintain the accuracy of such information;
- You have legal capacity and are of legal age to accept and agree to be bound by these Terms (as per the laws and regulations of your jurisdiction);
- Your use of SHOP.COM Content does not violate any applicable law, rule or regulation;
- The website on which you use SHOP.COM Content ("Your Website") does not promote or contain sexually explicit materials;
- Your Website does not promote violence or contain violent materials;
- Your Website does not promote or contain libelous or defamatory materials;
- Your Website does not promote discrimination or employ discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Your Website does not promote or undertake illegal activities; and
- Your Website does not violate the intellectual property rights of Market America, Inc., Shop MA, Inc. d/b/a SHOP.COM, SHOP.COM Marketplace, Inc., or any third party.
- If you are an UnFranchise® Owner, your use of SHOP.COM Content will comply with the policies set forth in your current version IDA&A and Career Manual.
- Termination of Registration/Access. SHOP.COM reserves the right, in its sole discretion, to terminate your agreements with SHOP.COM and/or to deny, restrict, suspend or terminate your use of all or any part of SHOP.COM Content at any time, for any reason or no reason at all, with or without notice or explanation, and without liability. SHOP.COM expressly reserves the right to terminate your agreements with SHOP.COM and/or deny, restrict, suspend, or terminate your use of all or any part of SHOP.COM Content if SHOP.COM determines, in its sole discretion, that you have violated these Terms or that you may pose a threat to SHOP.COM Content and/or its users. After access is terminated, these Terms will terminate, but the following provisions will still apply, in addition to any terms that by their nature survive the termination of these Terms: Sections 1, 2, 7, 11, 12, 13, 14, and 15.
- Proprietary Rights to SHOP.COM Content.
- Rights to SHOP.COM Content. All SHOP.COM Content, including without limitation, designs, text, blog posts, graphics, profiles, messages, notes, advertisements, listings, pictures, images, video, bios, information, reviews, works of authorship, music, sound and other files, and their selection and arrangement (the "SHOP.COM Content") are the proprietary property of SHOP.COM or its licensors with all rights reserved. Except as expressly provided in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, use, perform, post, display, frame, reproduce, republish, download or sell all or any part of SHOP.COM Content, in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without SHOP.COM's prior written permission.
- License to SHOP.COM Content. You are granted a limited, revocable license to use SHOP.COM Content as set forth herein, provided that you keep all copyright or other proprietary notices intact. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of SHOP.COM Content other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and communications regulations and statutes. Except as expressly stated herein, any use of SHOP.COM Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
- Right to use Registered user Information. You authorize us to make such copies of your Registered user Information as we deem necessary to facilitate its use and storage. You also grant us the right to use any of your Registered user Information to provide you with targeted advertising or promotional material, to offer personalized features, to complete surveys, studies or data analysis conducted by SHOP.COM or any of its partners or for other promotional or marketing purposes.
- Copyrights/Patents. All SHOP.COM Content design, text, graphics, blog posts, logos, button icons, images, photos, audio clips, video clips, digital downloads, data compilations, software, and SHOP.COM Content provided to you by SHOP.COM, are owned solely and exclusively by SHOP.COM or its content suppliers and are protected by U.S. and international copyright or patent laws. The compilation, "look and feel" and color schemes of all content on SHOP.COM are the exclusive property of SHOP.COM and protected by U.S. and international copyright laws. All software used on SHOP.COM is the property of SHOP.COM or its software suppliers and protected by United States and international copyright or patent laws.
- Trademarks. "SHOP.COM," "Market America," all SHOP.COM and Market America product and service names and logos, and all other SHOP.COM graphics, page headers, button icons, logos, scripts and all registered and unregistered marks and service names used by SHOP.COM are service marks, trade names, trademarks and/or trade dress of SHOP.COM or its affiliates (collectively "SHOP.COM's Marks"). You may not use SHOP.COM's Marks for any reason or purpose whatsoever. All trademarks not owned by SHOP.COM that appear on SHOP.COM Content are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SHOP.COM.
- You will earn revenue share for Qualifying Orders, as determined by the nature of the order and as more fully defined and explained in the Affiliate Publisher literature on our website or in other materials we provide to you.
- To use SHOP.COM Content to sell our products, you must provide us with valid financial account information necessary to remit payments to you ("Your Payment Account"). You must also submit an executed W-9 before being eligible to receive payments from us.
- Payments will be remitted to Your Payment Account once a week for transactions occurring at least 60 days prior to the payment date. We reserve the right to seek reimbursement from you for duplicate or erroneous transactions by: (a) deducting from future payments owed to you; or (b) obtaining such reimbursement from you by any other lawful means.
- Protecting Copyrights and Other Intellectual Property. SHOP.COM respects the intellectual property rights of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SHOP.COM's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying SHOP.COM that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of the location on SHOP.COM Content of the material that you claim is infringing;
- your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
SHOP.COM's Agent for Notice of copyright infringement can be reached as follows:
Market America / SHOP.COM
1302 Pleasant Ridge Road
Greensboro, North Carolina 27409
- Users. SHOP.COM is not responsible or liable, and makes no warranties, express or implied, for the conduct of any user of SHOP.COM Content.
- Third Party Web Sites. SHOP.COM Content may contain links to third party websites. SHOP.COM is not responsible or liable for the content, completeness, accuracy or opinions expressed on such third party websites. Inclusion of any linked website on SHOP.COM Content does not imply SHOP.COM's approval or endorsement of, or agreement with, the content of the Web site. If you choose to access third party websites, you do so at your own risk.
- Third Party Advertisements / Applications. SHOP.COM is not responsible or liable for third party advertisements or third party applications that are posted on or through SHOP.COM Content, nor does it take any responsibility for the goods or services provided by its advertisers.
- Availability of SHOP.COM Content. SHOP.COM Content or any portion thereof may be unavailable from time to time for maintenance or other reasons. SHOP.COM assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. SHOP.COM is not responsible for any problem or technical malfunction of any telephone networks, services or lines, computer systems, online systems, servers or providers, computer, mobile phone or other equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on SHOP.COM Content or combination thereof, including any injury or damage to user's or to any other person's computer, mobile phone, smart phone, tablet or other equipment related to or resulting from use of SHOP.COM Content. Under no circumstances shall SHOP.COM be responsible or liable for any loss or damage, including without limitation, personal injury, property injury or death, resulting from anyone's use of SHOP.COM Content, or from the conduct of any user(s) of SHOP.COM Content.
- Disclaimer of Warranties. THE SHOP.COM WEBSITE AND SHOP.COM CONTENT ARE PROVIDED "AS-IS" AND AS AVAILABLE AND SHOP.COM EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHOP.COM DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SHOP.COM CONTENT. SHOP.COM DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SHOP.COM CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SHOP.COM CONTENT, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES AND MALWARE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SHOP.COM CONTENT AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
- Limitation on Liability. IN NO EVENT SHALL SHOP.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SHOP.COM CONTENT OR THE SHOP.COM CONTENT CONTENT EVEN IF SHOP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHOP.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO SHOP.COM FOR USE OF THE SHOP.COM CONTENT ONLY, IF ANY, DURING THE TIME YOUR ARE A REGISTERED USER OF THE SHOP.COM CONTENT. YOU ACKNOWLEDGE THAT IF YOU DO NOT PAY FEES TO SHOP.COM FOR USE OF THE SHOP.COM CONTENT, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SHOP.COM, REGARDLESS OF THE CAUSE OF ACTION.
- Disputes. These Terms shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to its conflict of law provisions. Any and all actions or proceedings arising out of or relating to these Terms, the Developer Portal or SHOP.COM Content, shall be instituted and litigated in a court of competent jurisdiction in Guilford County, North Carolina. You and SHOP.COM hereby agree to submit to the exclusive personal jurisdiction of the courts located in Guilford County, North Carolina to resolve any dispute arising out of these Terms, the Developer Portal or SHOP.COM Content. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.
- Equitable Relief. Notwithstanding Section 15 above, if SHOP.COM suspects that you have violated this Agreement, SHOP.COM may, in its discretion, prior to or instead of invoking the remedy contained in Section 15 of this Agreement, commence an action, litigation or proceeding against you seeking an injunction, in any court of competent jurisdiction in any jurisdiction a) in which the suspected violation occurred; b) in which you reside (or if you are a business entity, in which you were created); or c) in which SHOP.COM resides. In such a case, the laws of the concerned jurisdiction apply. You hereby irrevocably submit and consent to the personal jurisdiction of such courts in the event SHOP.COM suspects that you have violated this Agreement. You further agree that a final judgment in any such action, litigation or proceeding is conclusive and may be enforced against you in other jurisdictions by suit on the judgment or in any other manner provided by law.
- Indemnity. You agree to indemnify and hold harmless SHOP.COM and its representatives, officers, employees, directors, agents, and assigns, at your own expense, from and against any and all loss, liability, claims, damages, suits, demands, actions and/or costs (including without limitation reasonable attorney fees and costs) made by any third party arising out of or related to a) your actions or inactions; b) the use of SHOP.COM Content account by you or any other person; c) your breach or violation of these Terms; d) your breach of the representations and warranties set forth in these Terms; and/or e) Registered user Information provided by you or any person through your account.
- Other. These Terms, including all documents referenced herein, as such may be modified from time to time, constitute the entire agreement between you and SHOP.COM regarding the use of SHOP.COM Content. The failure of SHOP.COM to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: email@example.com with any questions about these Terms.