The Body Deli - The Body Deli Affiliate Program

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Welcome Body Deli Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code or our pre-designed banners into your website, send emails to your friends with our email tools or place text links on your social network pages and watch your account balance grow as your visitors become our customers.

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Terms and Conditions
	THE BODY DELI, INC AFFILIATE PROGRAM AFFILIATE TERMS AND CONDITIONS The following agreement (this Agreement governs your participation as a Affiliate (defined below) and member of The Body Deli, Inc Affiliate Program (the Program, a non-exclusive, online, performance-based marketing network operated by The Body Deli, Inc, Inc Your enrollment in the Program is your acknowledgement that you have read, accepted and agreed to be bound by the terms of this Agreement. This Agreement may be modified, amended, supplemented or replaced entirely from time to time is The Body Deli, Inc, Inc sole discretion, and such modification shall become effective after notice thereof has been provided by The Body Deli, Inc. to Affiliate. 1. DEFINITIONS 'Action' has the meaning defined in the applicable Offer and shall be the basis for determining how The Body Deli, Inc. will pay the Affiliate, including, but not limited to, impressions, click-through rates and sales generated. 'Creative Materials' means all creative and substantive materials required for each Offer, including, but not limited to, product and/or service descriptions, graphic images, logos, banners, buttons, language for e-mail text, links, key words, alternative text based creative, and any other creative content as needed. 'Offer' means The Body Deli, Inc. product or service advertisement offers available for distribution by Affiliates through the Program. 'Affiliate' means a member of the Program who operates a website or network of websites, and/or permission-based opt-in e-mail distribution lists, and distributes and publishes Offers on such sites or e-mail lists. 2. AFFILIATE PROGRAM 2.1 The Body Deli, Inc. solicits customers to purchase products and services from The Body Deli, Inc. website through the placement of Offers published by the Affiliates in the Program. 2.2 Affiliate acknowledges and agrees that The Body Deli, Inc. may monitor Affiliate's activity via (a) seeding; (b) third party monitoring tools; (c) the right to impersonate; and (d) all other reasonable means necessary for The Body Deli, Inc. to effectively monitor Affiliate's continued compliance with the CAN-SPAM Act and Section 17529.5 of the California Business and Professions Code. 2.3 By accepting membership in the Program, Affiliate agrees to refrain from originating, authorizing or participating in any non-consensual campaigns or promotions, whether by e-mail or otherwise, including, but not limited to, spamming. 3. OFFERS 3.1 The Program contains Offers that may be downloaded by the Affiliate strictly for the purposes described therein. Affiliate shall only use the Creative Materials provided by The Body Deli, Inc. in the Offer. The Body Deli, Inc. reserves the right to pay Affiliate only for Actions delivered using the proper creative and/or delivery within the Offer flight dates or impression limitations. 3.2 Affiliate shall not do any of the following in connection with the delivery of any Offer hereunder: (a) alter, modify, edit, add, subtract or otherwise make any changes to the terms of an Offer or to the Creative Materials; (b) make any use whatsoever of an Offer other than for the purposes described therein and as contemplated by this Agreement; (c) incentivize Offers or create the appearance of incentivizing Offers without written approval from The Body Deli, Inc.; (d) publish any Offer after The Body Deli, Inc. has replaced or terminated such Offer; (e) place misleading or unapproved statements anywhere in the Offer; (f) redirect traffic to a website other than The Body Deli, Inc. website listed in the Offer; (g) use any creative that contains spawning process pop-ups or exit pop-ups that infringe on, or are otherwise activated off the input of, third party intellectual property or proprietary rights; (h) publish any Offer on websites or e-mail lists that contain content that is deceptive, misleading, illegal or otherwise violates any laws, rules or regulations, libelous, defamatory, infringing on any third party rights, pornographic, or offensive to the general public; or (i) publish any Offer in chat rooms or on message boards. 3.3 IT IS AFFILIATE'S SOLE RESPONSIBILITY TO MONITOR THE AFFILIATE PROGRAM FOR UPDATES OR CHANGES TO OFFERS (INCLUDING THE CREATIVE COMPONENTS AND FORMAT) OR WHEN AN OFFER IS NO LONGER AVAILABLE. THE BODY DELI, INC ASSUMES NO RESPONSIBILITY TO NOTIFY AFFILIATE WHEN AN OFFER EXPIRES, IS SUPERSEDED, OR IS NO LONGER ELIGIBLE FOR PAYMENT DUE TO VOLUME OR COMMISSION CAPS. 4. E-MAIL CAMPAIGNS 4.1 Delivery. Affiliate shall only publish an Offer to permission-based, opt-in e-mail distribution lists that are operated by approved Affiliate(E-mail Campaign). Affiliate shall provide to The Body Deli, Inc. the name, date, time and IP address of each recipient who accesses The Body Deli, Inc. websites pursuant to an E-mail Campaign. All data, including, but not limited to, campaign results, user data, statistical information, traffic analysis or other data produced or provided by Affiliate, shall be deemed to be the property of The Body Deli, Inc. Affiliate is solely responsible for all complaints related to E-mail Campaigns implemented by Affiliate and shall respond to all complaints within forty-eight (48) hours of notification from the recipient. 4.2 Suppression List. Affiliate shall update Affiliate's e-mail list against The Body Deli, Inc. most recent suppression list at least twice per week during the E-mail Campaign. With respect to any suppression list generated through an E-mail Campaign, Affiliate agrees to: (a) use the suppression list, and the individual records contained therein, solely for the suppression purposes set forth herein; (b) use the suppression list to remove any and all e-mail addresses contained therein from the receipt of future commercial e-mail messages; (c) hold any suppression list information in trust and confidence; (d) not use the suppression list for any purpose related to or in connection with e-mail marketing, or provide the suppression list to any third party for such purpose; (e) not send, or cause to be sent, any commercial e-mail messages to an e-mail address appearing on any suppression list; (f) not use any suppression list in any manner for purposes of e-mail appending; (g) not retain a copy of any suppression list following termination of any Offer and/or this Agreement; and (h) not disclose any suppression list to any employee, consultant, subcontractor, third party individual, corporation or entity unless such party has given written consent to be bound by this Agreement. The Body Deli, Inc. reserves the right to bar the disclosure of any and all suppression lists. 4.3 Delivery of E-mail. Affiliate acknowledges, represents and warrants that e-mail sent as part of an E-mail Campaign on The Body Deli, Inc. behalf shall be sent only to recipients who have agreed in advance to opt-in and receive such transmissions from Affiliate at the e-mail address to which the e-mail will be sent. Affiliate is solely responsible for the source, content and use of Affiliate's e-mail list. Affiliate shall identify all e-mails containing advertisements or solicitations with clear and conspicuous notice and font size, and shall identify Affiliate as the initiator and sender of the e-mail in the body of the e-mail, including Affiliate's company name, e-mail and physical mailing address, in a clear and conspicuous font size. Affiliate may only use, without alteration, subject lines provided by The Body Deli, Inc. or other subject lines for which Affiliate has documented approval from The Body Deli, Inc. Affiliate shall not do any of the following in connection with the delivery of any E-mail Campaign hereunder: (a) use e-mail addresses obtained by the use of a program for random generation of e-mail addresses and/or scraping web sites or online services; (b) send e-mail that contains a sender name or e-mail address that does not accurately identify Affiliate as the sender; (c) send e-mail from invalid originating domains; (d) make use of multiple originating domains or multiple originating e-mail addresses for the purpose of circumventing spam filters or blacklists; (e) knowingly incorporate an intended recipient's name and/or e-mail address into the from field for the purpose of circumventing spam filters or blacklists; (f) falsify e-mail header information, make use of false registrations for e-mail accounts or IP addresses or retransmit e-mail for the purpose of concealing its origin; (g) use brand names and/or trademarks, copyrights or any third party intellectual property or proprietary rights in the subject line, from line or body of any commercial e-mail transmission; (h) relay or retransmit e-mail from a computer or computer network that was accessed without authorization; or (i) cause subject lines to be false or likely to mislead a reasonable recipient as to the content or subject matter of the message. 4.4 Opt-out. Affiliate represents and warrants that: (a) each e-mail shall provide separate links for the recipient to opt-out of receiving future e-mail from Affiliate and from The Body Deli, Inc., and each email shall clearly and conspicuously explain that the recipient must unsubscribe from both links to opt-out of receiving future e-mails from both parties; (b) the recipient shall not be required to make any payment or submit any personal information in order to opt-out; (c) Affiliate's unsubscribe link shall be fully functional for the duration of the E-mail Campaign and for a minimum of thirty (30) days thereafter; (d) where there is an opt-out menu, the menu must include the choice to opt-out of receiving future e-mails from the sender; (e) the opt-out mechanism shall be configured in a manner that is accessible and operational with the lowest common denominators of browser and Internet connection (i.e. no JavaScript, no Flash, no rich media, etc.); (f) upon receipt of an opt-out request, Affiliate shall cease sending e-mail to such recipient's e-mail address within five (5) business days; (g) Affiliate shall not sell, transfer or otherwise provide opt-out e-mail addresses to third parties, either for continued e-mailing as part of the E-mail Campaign or for any other purpose other than updating e-mail suppression files; and (h) in the event that The Body Deli, Inc. receives a complaint from any recipient of any e-mail sent by Affiliate, upon The Body Deli, Inc. request, Affiliate shall immediately provide The Body Deli, Inc. with appropriate records to verify such recipient's consent to receive e-mail from Affiliate. 5. TERMS OF PAYMENT 5.1 Commissions. The Body Deli, Inc. shall pay Affiliate commissions in the amounts, and at the times set forth in the schedule of the applicable Offer (Commissions). The Body Deli, Inc. shall not be obligated to: (a) make any payment of Commissions to Affiliate unless the amount of earned Commissions exceeds one hundred dollars ($100.00) in the aggregate per month; earned but unpaid Commissions equal to or less than one hundred dollars ($100.00) in the aggregate per month will not be carried over to the next regularly scheduled payment period; or (b) make any payment to Affiliate unless The Body Deli, Inc. has on file a completed and accurate W-9 (for US-based Affiliates) or W-8 (for non-US-based Affiliates) form for Affiliate. Any and all payment(s) due to Affiliate shall be withheld until the appropriate taxation documents are received by The Body Deli, Inc. Notwithstanding the foregoing, The Body Deli, Inc. may elect to advance to Affiliate Commissions prior to such Commissions having been earned (Unearned Commissions). Affiliate acknowledges that payment of Unearned Commissions is wholly conditional and subject to The Body Deli, Inc. right to demand return of any paid Unearned Commissions for any reason or for no reason at all. 5.2 Calculation. The Body Deli, Inc. shall have the sole and absolute responsibility for the calculation of Actions as set forth in the applicable Offer which generates Commissions. The Body Deli, Inc. count of Actions shall be final unless Affiliate objects to such count within five (5) business days of receiving The Body Deli, Inc. count. In the event of a conflict between The Body Deli, Inc. count and the Affiliate's count, The Body Deli, Inc. count shall control unless the Affiliate's count is lower, in which case payment will be based on the Affiliate's count 5.3 Affiliate Obligations. Affiliate shall not employ any device that has the effect of inflating the calculation of Actions, including, but not limited to, automatic page spawning, automatic redirects, robots or incentives. The Body Deli, Inc. reserves the right to audit any web site traffic at any time, for any reason or no reason at all. Should The Body Deli, Inc. determine, in the exercise of its reasonable business judgment, that Affiliate has employed any device to artificially inflate the calculation of Actions, (a) Affiliate's membership in the Program shall be immediately terminated, (b) any unpaid or payable Commission attributable to the subject E-mail Campaign shall become immediately void, regardless of whether such Commission was earned or not earned, and (c) upon demand, Affiliate shall immediately return to The Body Deli, Inc. any and all previously paid Commissions attributable to the subject E-mail Campaign. 6. LICENSE The Body Deli, Inc. hereby grants to Affiliate a limited, non-exclusive, non-transferable, revocable, worldwide license during the term hereof to download, market, place, display, perform, copy, transmit, distribute, and publish the Offer(s), including the Creative Materials, in compliance with this Agreement. All right, title and interest in the Offer and Creative Materials are exclusively owned by The Body Deli, Inc. and Affiliate has no right other than the limited right granted herein. 7. TERM; TERMINATION This Agreement shall commence on the date of the Affiliate's enrollment in the Program and shall continue until all Offer campaigns delivered by Affiliate have been completed or this Agreement is otherwise terminated. Either party may terminate this Agreement at any time and for any reason or for no reason upon notice to the non-terminating party. Proper notice of termination shall be delivered via e-mail, fax or other means of public communication, and will be effective on the earlier of (a) receipt by the non-terminating party or (b) three (3) business days following the dispatch of the termination notice. Immediately upon termination, Affiliate shall remove any and all Offers and Creative Materials from all web sites and/or suspend any pending E-mail Campaign(s). Affiliate must provide certification, via e-mail, that such condition has been met within two (2) business days following termination to receive unpaid, if any, Commissions. 8. AFFILIATE REPRESENTATIONS & WARRANTIES 8.1 In addition to the other representations and warranties contained herein, Affiliate represents and warrants that Affiliate: (a) has the authority and right to enter into this Agreement; (b) shall fully perform the rights, duties and obligations herein and at all times be in compliance with all applicable federal, state and local laws, rules and regulations, including, without limitation, laws governing unfair trade practices, deceptive or misleading advertising, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the CAN-SPAM Act), Section 17529.5 of the California Business and Professions Code and the Gramm-Leach-Bliley Act of 1999; (c) shall not be in violation of any obligation, contract or agreement by entering into this Agreement or by performing the obligations herein; (d) shall not infringe or violate any third party intellectual property or proprietary rights in the publishing of any Offer; and (e) shall maintain its e-mail customer list in a manner that conforms with best practices of opt-in solicitation and privacy policies. Affiliate further represents and warrants that Affiliate shall not: (i) violate the terms and conditions of any third party search engines; (ii) engage in search engine spam, doorway pages, cloaking; (iii) bid on any trademarked names or terms in any pay-per-click/ keyword/adword campaign unless given the express written permission by The Body Deli, Inc. or the trademark owner; or (iv) conduct search ads falsely suggesting a link between The Body Deli, Inc. and a third party or otherwise infringing on a third-party's intellectual property or privacy rights. 8.2 In the event The Body Deli, Inc. believes, in its sole discretion, that Affiliate has violated, in any way, any of the representation, warranties or obligations set forth in this Agreement, Affiliate agrees and acknowledges that, in addition to any rights and remedies available to it herein or under applicable law, The Body Deli, Inc. may immediately terminate this Agreement, including any and all Offers, and shall not be obligated to pay Affiliate, and/or Affiliate shall irrevocably forfeit all fees paid and owed that are directly or indirectly attributable to or derived from Affiliate's breach of obligations herein. 9. DISCLAIMER OF WARRANTIES BY The Body Deli, Inc. THE AFFILIATE PROGRAM AND ALL RELATED CREATIVE MATERIALS, OFFERS, SITES, SERVICES AND/OR TECHNOLOGY ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. The Body Deli, Inc. MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, RESPECTING THIS AGREEMENT OR THE SERVICES TO BE PROVIDED HEREUNDER. 10. INDEMNIFICATION Affiliate shall indemnify, defend, and hold harmless The Body Deli, Inc. and its directors, officers, shareholders, agents, affiliates, and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorney's fees) that may at any time be incurred by any of them by reason of any third party claims, suits, or proceedings arising from (a) the operation of the websites or e-mail distribution lists by Affiliate in connection with the publishing and display of the Offer, including without limitation, claims of obscenity, indecency, libel, defamation, violation of rights of privacy or publicity, copyright or trademark infringement, or infringement of any third party right, fraud, false advertising, misrepresentation, violation of Affiliate's privacy policy, or violation of any law, statute, ordinance, rule or regulation; (b) any breach or violation by Affiliate of any duty, representation or warranty under this Agreement; (c) any allegations or claims relating to Affiliate's business practices, customer relationships, compliance with any laws, or Affiliate's use of any Adware or spyware and (d) the use or misuse of any customer information or data by Affiliate. 11. LIMITATION OF LIABILITY IN NO EVENT SHALL The Body Deli, Inc. BE LIABLE TO AFFILIATE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR LOST DATA), WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY OR ANY OTHER THEORY OF LIABILITY ARISING FROM THIS AGREEMENT, OR ANY ASPECT OF AFFILIATE'S PARTICIPATION IN OR TERMINATION FROM THE AFFILIATE PROGRAM AS PROVIDED HEREIN, EVEN IF The Body Deli, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL The Body Deli, Inc. BE LIABLE TO AFFILIATE FOR ANY AMOUNT GREATER THAN THE TOTAL AMOUNT OF COMISSIONS PAYABLE BY The Body Deli, Inc. TO AFFILIATE WITH RESPECT TO AFFILIATE'S PARTICIPATION IN THE AFFILIATE PROGRAM. 12. GENERAL 12.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements, whether written, oral, express, or implied, or understandings between the parties with respect to the transactions set forth herein, including without limitation any attachments, schedules, exhibits or insertion orders used by Affiliate. This Agreement may only be amended by The Body Deli, Inc. in its sole discretion. 12.2 Severability. If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement. 12.3 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California, without respect to choice of law rules. The parties hereby consent to exclusive jurisdiction and venue in the state and federal courts in Riverside County, California. 12.4 Assignment. Affiliate may not assign or transfer its rights under this Agreement, whether by operation of law, change of control, or in any other manner, without the prior written consent of THE BODY DELI, INC. Any assignment or transfer in violation of this provision shall be null and void. 12.5 Public Statements. Any press release or other public announcement by Affiliate regarding the Program shall require the prior approval of The Body Deli, Inc. 12.6 Relationship. The parties to the Agreement are independent contractors. Neither party is an agent, representative, partner, employee, or joint venture of the other party. Neither party will have any right, power, or authority to enter into any agreement on behalf of, or incur any obligation or liability of, or to otherwise bind the other party. 12.7 Waiver. The failure of either party to insist upon or enforce strict performance by the other or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. 12.8 Survival. Sections 8, 9, 10, 11 and any provision where survival is expressly indicated shall survive the termination of this Agreement. 12.9 Headings. Headings are for reference purposes only and shall have no substantive effect to the meaning or interpretation of this Agreement. 12.10 Counterparts. The Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together will constitute one and the same document.
	I have read, understand and agree to the above terms and conditions.

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