PLEASE READ THE ENTIRE AGREEMENT.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND KENI ARTS INT’L (DBA HOLLYWOODBACKLOTS.COM)
BY COMPLETING THE ONLINE AFFILIATE ACCOUNT REGISTRATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the Hollywood Backlots Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site/email and the hollywoodbacklots.com web site. Please note that throughout this Agreement, “HB,” “we,” “us,” “our,” and “Program,” refer to the Hollywood Backlots Affiliate Program, and “you,” “your,” and “yours” refer to the affiliate. Your ‘Site’ also refers to your ‘email’.
The fact that we approve registration does not imply that we may not re-evaluate your use of the HB Affiliate Program at a later time. We may reject your registration at our sole discretion. We may cancel your account if we determine that your site is unsuitable for our Program. Unsuitable sites include, without limitation, those that contain illegal, offensive, infringing content or content that HB otherwise deems offensive. You may not use any HB proprietary materials in a manner that is disparaging or that otherwise portrays Hollywood Backlots in a negative light.
For the purposes of this Agreement, “Link(s)” means the code that HB makes available to you that is used for linking from your Site to web pages on hollywoodbacklots.com, and may include banners, text, buttons, or other graphics or devices. You shall not modify the Links in any way. HB will not be responsible for errors that occur in the tracking of transactions if you have made or caused any such modification.
You shall post Links approved by HB. Approved Links will be made available to you through hollywoodbacklots.com. You may also post on your Site links obtained directly from e-mails and newsletters received from HB. Any deviations from the guidelines and treatment described in this Agreement must be approved in advance and in writing by HB. HB may at any time, without prior notice, remove the Links described above, require you to remove the Links, or dynamically replace the HB creative or text with creative or text suitable to HB in our sole discretion.
You may use Links within e-mails that you send to registered users of the your Site. Use of such Links is subject to all of the requirements and restrictions respecting Links generally as set forth in this Agreement. E-mails making reference to HB, that include Links, or that concern any other aspect of this Affiliate Program, may be sent only to individuals who have elected to receive such e-mails. “Spamming,” including the sending of unsolicited electronic communications, will not be tolerated and may lead to termination of this Agreement. You will not be entitled to any Referral Fees generated through Spamming tactics.
To permit accurate tracking, reporting, and fee accrual, you shall ensure that Links are properly formatted. HB will not be responsible for improperly formatted Links.
Before putting our links on a social network (Facebook, Twitter, etc.), you must read and strictly adhere to their policy regarding affiliate links. Any violation of such could terminate this Agreement.
You shall comply with any and all regulations, statutes and applicable laws of the United States or any other state, country or jurisdiction related to e-mail, and/or electronic communications. It is your responsibility to be aware of all such regulations, statutes and laws.
When you log into your affiliate account dashboard, you will be able to track your referrals, your sales and payment history. Also within your dashboard you will find our logos and link codes to put on your site or in your emails. It is essential that you keep your login credentials secure and confidential.
How Do We Track Referrals?
A referral is locked in to your affiliate account as soon as a person arrives on our Site from a link on your Site. We use first-party cookie (small data file) tracking to determine which affiliate referred the person when they subscribe. The last affiliate to refer someone to our Site when they subscribe gets credit for the referral.
If you refer someone to our site, and they make a purchase right away, they are immediately connected with you as your referral.
The data file we place on their computer or mobile device is a 21-day ‘session’ cookie. If they don’t sign up right away and return at any time during the next 21 days and make a purchase, they’re connected with you as your referral (provided that they don’t come to the site via another affiliate’s link in that 21 day period).
Research indicates that a negligible number of computer browsers have first-party cookies disabled, so the likelihood of successfully tracking your referrals is high. Persons visiting our Site remain anonymous until they take action by completing a subscription.
Referral Fees & Qualified Transaction
Referral Fees means the fees HB will pay you based on the number of Qualified Transactions generated by the your Site. For the purposes of this Agreement, a “Qualified Transaction” means a transaction whereby a customer: (1) uses a Link to enter the HB Site; (2) remits full payment to HB. If a customer initially visits the HB Site using a Link, any transaction completed by that customer on the our Site within the return day period specified, whether or not via a Link, will count as a Qualified Transaction if it otherwise meets the requirements of this section and the Agreement.
HB does not accept responsibility for customers who may delete or otherwise not accept cookies used to track return visits to the our Site. We cannot be held to honor Referral Fees for such untracked return visits. Nor will we pay you for transactions that, among other things, result from a link directly to hollywoodbacklots.com from any Internet site other than your Site.
You will receive your referral fee after the purchaser from your Site or email has passed their 30 refund period. Should they request a refund within the trial period, we will refund their purchase and cancel your referral fee. Plus, all monies owed you you will be held in your account and subsequently disbursed to you only after you have accumulated a minimum of $25 in referral fees. Disbursement will be made through our Paypal account within 30 days of you meeting your minimum goal.
HB pays a 15% referral fee for all Qualified Transactions to our service which meet the preceding conditions. HB will process transactions placed by customers who follow Links from your Site to hollywoodbacklots.com. HB will be responsible for transactions processing and fulfillment. Among other things, we will process payments, cancellations, and handle customer service. HB will track transactions made with customers who purchase using Links. As mentioned earlier in the ‘Affiliate Dashboard’ section, you can view your affiliate activity within your dashboard.
Payouts to you are typically made via our Paypal account. We highly recommend you get a free Paypal account (either personal or business) in order to expedite payment to you. You can enter your Paypal email address after sign-up in your Account-edit profile section.
Customers who purchase through our Program will be deemed to be customers of Keni Arts Int’l (dba: Hollywood Backlots). Accordingly, all HB rules, policies, and operating procedures concerning customer orders, and customer service will apply to such customers with respect to their transactions at HB. We may change our policies and operating procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, you may not display HB price information on your Site.
When your earnings reach or exceed $600, you must supply us with your tax ID or social security number prior to further pay-out. This is for the purpose of submitting form 1099-MISC to satisfy the IRS requirement for ‘Non-employee Compensation’.
Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to (1) access our site through HTML links solely in accordance with the terms of this Agreement and (2) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of hollywoodbacklots.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of HB and the good will associated therewith will inure to the sole benefit of HB.
Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and HB. 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 i.e., email, press release, marketing campaign, etc., that reasonably would contradict anything in this Section.
Upon successful completion of this Affiliate registration, HB hereby grants to you a limited, non-exclusive, non-transferable, revocable license to use and display the Links and to access the HB Site through the Links solely in accordance with the terms of this Agreement, and for the term of this Agreement.
Neither you nor HB may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets belonging to you or HB.
As between you (the Affiliate) and Hollywood Backlots, Keni Arts Int’l (DBA Hollywood Backlots) shall own all right, title and interest, including all Intellectual Property Rights, in and to the HB Site, the Program and the Links. For the purposes of this Agreement “Intellectual Property Rights” means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the state of California in the United States or any other state, country or jurisdiction.
You (the Affiliate) shall defend, indemnify and hold Keni Arts Int’l (DBA Hollywood Backlots) and its affiliates harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys’ fees) relating to: (1) the development, operation, maintenance, and content of Affiliate’s Site, including, without limitation, content therein not attributable to us.; or (2) breach of this Agreement.
HOLLYWOODBACKLOTS.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR SERVICE. HOLLYWOOD BACKLOTS SHALL NOT BE LIABLE FOR DEFECTS IN THE SERVICE, INTERRUPTIONS IN THE ACCESSIBILITY TO OUR SERVICE, INFRINGEMENTS ON DATA OR LOSS OF DATA ON THE INFORMATION HANDLING SYSTEM, DEFECTS IN THE SECURITY SYSTEM OR VIRUSES OR OTHER HARMFUL SOFTWARE COMPONENTS, LOSS OF PROFITS, CONTRACTS, LOSS OF REPUTATION, LOSS CAUSED BY ANY THIRD PARTY DELETING, REMOVING, DEACTIVATING OR TAMPERING WITH THE THIS SITE OR OTHER INDIRECT OR CONSEQUENTIAL LOSS WHETHER ARISING FROM 3RD PARTY NEGLIGENCE, BREACH OF CONTRACT OR WHATSOEVER. THIS ALSO INCLUDES INTERRUPTION IN SERVICE DUE TO ‘ACTS OF SATAN’ (AKA [AND ERRONEOUSLY] KNOWN AS ACTS OF GOD) WHICH MIGHT INCLUDE, BUT NOT BE LIMITED TO, EARTHQUAKES, TORNADOES, FIRES, CIVIL UNREST AND OTHER UNAVOIDABLE AND UNFORESEEN EVENTS.
Term and Termination
Your acceptance of the terms and conditions of this Agreement shall be evidenced by your submission of a completed Program registration. The term of this Agreement will begin upon our acceptance of you into the Program and will end when terminated by either party (the “Term”).
Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice. Upon termination, you shall promptly remove all Links and Program-related content from your Site.
You are only eligible to earn Referral Fees on Qualified Transactions occurring during the Term (including all steps required for a transaction to be a Qualified Transaction under this Agreement. In the event that an overpayment is made by HB, you agree to promptly remit such excess payment upon notification by HB. HB may withhold Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid.
HB 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 the our Site.
If any modification is unacceptable to Affiliate, 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 or sending you the change notice via e-mail will constitute binding acceptance of the change.
This Agreement represents the entire agreement between hollywoodbacklots.com and you, the Affiliate. It shall supersede all prior agreements and communications of the parties, oral or written.
Keni Arts Int’l
P.O. Box 207
Altadena, CA 91003 USA