MyStudio™ by Pro Cyc - Affiliate Program

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Welcome Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.

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Terms and Conditions
	(To receive these Terms and Conditions in PDF format for your records, send an email to mystudio@procyc.com) By participating in MyStudio's Affiliate internet marketing program through Pro Cyc, Inc. (the "Affiliate Program"), You agree with the supplemental Affiliate Program terms and conditions set forth below, established by MyStudio and Pro Cyc Inc. ("The Company"). In consideration of participating in the Affiliate Program, You agree the terms contained in this agreement. Please read this entire agreement carefully before registering and using the MyStudio service as an affiliate. By signing up for the MyStudio affiliate program, you indicate your acceptance of this agreement and the following terms and conditions: 1. General Information. 1.1 Eligibility. MyStudio and Pro Cyc, Inc. will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may participate in the Affiliate Program only under the supervision and consent of a parent or legal guardian who agrees to be bound by this Agreement. The Affiliate Program is not intended for children under the age of 13. 1.2 Contact Information. You must provide The Company with accurate and complete contact and payment information when you open an Account. You must immediately notify The Company if any of your contact or payment information changes. If you do not provide The Company with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Affiliate Program. 1.3 Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify The Company immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify The Company immediately if you become aware of any other breach or attempted breach of the security of your Account or the MyStudio Affiliate Program Service. 1.4 Your Obligations. You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of The Company and third parties. All communication and activities by you relative to the Affiliate Program must be executed in a professional and respectable manner in keeping with traditional standards of business ethics and practices. 1.5 Spam Under no circumstances shall You send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the "Act"], with respect to MyStudio's Affiliate Program. For clarification, this does not prohibit You from sending transactional or relationship messages as defined in the Act. MyStudio reserves the right to collect, withhold, or cancel any and all compensation related to the content You send via commercial electronic mail messages. 2. Tracking links The tools, banners, special links and other creative assets (collectively, "Assets") that are provided to You by MyStudio provide valuable information vital to the success of the Affiliate Program, including information that helps make sure Transactions generated by You are properly attributed to You for Payout calculations. Thus, each of these Assets must be used in their intended manners as instructed by The Company. You agree that You will not corrupt, modify or disable the tracking functionality provided to You related to the Affiliate Program. Moreover, you agree to use only the Assets provided within the Affiliate Program as marketing tools. You may not, without the express written permission of The Company, modify or alter any of the Assets in any way (see Section 7.1). 3. Keywords, Pay-Per-Click advertising, and domain names involving MyStudio's trademark "MyStudio" and variations thereof. You shall not purchase search engine keywords or domain names that use MyStudio's trademark "MyStudio" and/or certain variations and misspellings thereof. You shall not purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the word "MYSTUDIO" or certain variations and misspellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits You from: • Bidding on MyStudio's trademark, "MyStudio", and any keyword string that includes this term. For example, "MyStudio gadgets", "MyStudio stuff", etc.; and • Bidding on variations of MyStudio's trademark: for example "My Studio", "MyStudio.com", www.MyStudio.com", "my-studio", "my studio", www.MyStudio", "ww.MyStudio.com", "www,MyStudio.com", "my.studio", "wwwMyStudio.com", etc. • Purchasing domain names based on MyStudio's trademarks or variations of MyStudio's trademark: for example "mysstudioo", "mysstuddio.com", "MyStudio1.com", "MyStudioproducts.com", etc. • Purchasing Pay Per Click advertising containing MyStudio's trademarks or variations of MyStudio's trademark: for example "mystuudio.com", "myystudio.com", "MyStudioproducts.com", etc. If The Company determines, in its sole discretion, that You have purchased or attempted to purchase "MyStudio" keywords or domain names, or one of the three cited examples above, then MyStudio may (without limiting any other remedies available to it) pursue any or all of the following actions: • Withhold all compensation otherwise payable to You beginning with the date on which You purchased the prohibited trademarked terms; • Remove You from the MyStudio Affiliate Program permanently; and/or • Contact the search engine in which your ad was found to ask that these ads be removed immediately and permanently. 4. Customers. 4.1 Order Processing and Reporting. The Company will process all product orders placed by customers who follow Special Links to The Company Web Site ("Customers"). The Company reserves the right to reject orders that do not comply with any requirements that The Company has and may periodically establish. The Company will be responsible for all aspects of order processing and fulfillment. Among other things, The Company will prepare order forms, process payments and handle customer service. The Company will track sales made to Customers who purchase products using Special Links from your web site to The Company Web Site and will make available to you reports summarizing sales activity. The Company will use commercially reasonable efforts to present accurate information in the reports, but The Company cannot guarantee the accuracy of the reports. 4.2 Customers. Customers who buy products through the Affiliate Program will be deemed to be customers of The Company. Accordingly, all of The Company rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. The Company may change The Company policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your web site. The Company will use commercially reasonable efforts to present accurate information, but The Company cannot guarantee the availability or price of any particular product. 5. Affiliate Commissions and Reporting. 5.1 Affiliate Commissions. The Company will pay you commissions in accordance with the commission schedule as follows: (a) 6% of the total sales price, excluding taxes and shipping and handling charges, of any sale processed online and generated within 24 hours of a customer following an Affiliate’s Special Link to The Company’s Web Site. The Company will pay you a commission on qualifying sales originating from Special Links on your web site or web space. (b) You are eligible to receive Performance Rewards and earn a higher commission percentage as follows: after You have referred 10 sales, your commission rate shall be increased by 1% (e.g. after you have referred 10 sales, you will automatically be raised to the 7% commission level, after 20 sales, 8%, etc…). This increase shall continue at the same rate until you have reached the maximum commission level of 10%. (c) Second Tier Commissions: If, as a result of clicking through from one of your unique affiliate links, a customer registers to become an affiliate of the program, you are entitled to receive 25% of the commissions earned by that new affiliate. The Affiliate Program software automatically tracks qualified sales by each of your 2nd tier affiliates and your account will be credited automatically for every qualified sale. There is no limit to the number of 2nd tier affiliates you may have. 5.2 Payment of Commissions. (a) Tax Information. In order to receive your Commissions you must provide your taxpayer information to The Company as required by the IRS. If The Company does not have your current taxpayer information on file for a particular year, payments due to you under this Agreement will not be made until December 31st of such year, and all of such payments will be subject to a 30% backup withholding which will be submitted to the IRS. (b) Payment Terms. The Company will pay you Commissions on a monthly basis. Within 30 days following the end of each calendar month, The Company will send you a check for the Commissions you have earned for the relevant month. However, if the Commissions payable to you for any month are less than $25.00, The Company will hold your Commissions until the total amount due is at least $25.00 or until this Agreement is terminated. (c) Processing Fees. If The Company owes you accrued Commissions that are less than $25.00 for at least 365 days, then The Company may send you payment of such accrued Commissions minus a $10 processing fee. If the amount of accrued Commissions is under $10 for at least 365 days, such amount will be used to cover The Company's administrative costs and no payment will be made to you. (d) Termination Fees. If you or The Company terminate your Account, and you have less than $25 in accrued but unpaid Commissions then outstanding, The Company may charge you a $10 processing fee when sending you your final payment to cover its administrative costs. 6. Identifying Yourself As An Affiliate. 6.1 Logo and Banners. The Company may make available to you a small graphic of the MyStudio logo, and a variety of graphic banners which must be used as described herein in Section 7.1. In addition, The Company encourages (but does not require) you to include a Special Link on your web site to The Company home page at http://www.procyc.com/mystudio. 6.2 All other Communications. Except as provided for in the Affiliate Guidelines, you may not make any press release with respect to this Agreement or your participation in the Affiliate Program without The Company's prior written consent, which may be given or withheld in its sole discretion. 7. Limited Licenses. 7.1 The Company License to You of Logo and Links. The Company grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by The Company, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant and to assist in generating Commissions. In addition, The Company grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your web site or web space to The Company Web Site and promoting the sale of products on The Company Web Site. All product images must be served by The Company Web Site and cannot be used in any form other than the form provided by The Company. You may not modify the graphic images or text, or any other of The Company images, in any way. The Company may revoke your license at any time by giving you written notice. The Company reserves all of its rights in the graphic images, text, any other images, The Company trade names and trademarks, and all other intellectual property rights. Any and all rights in and to The Company's intellectual property shall inure to the benefit of The Company. 8. Indemnification. As you are bound by these Terms of Service as provided herein in using the Affiliate Program, you must indemnify, defend and hold The Company harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the Affiliate Program in accordance with Section 9 of the Terms of Service. You must also indemnify, defend, and hold The Company harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that The Company's use of any images provided via your web site or web space infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b) any claim related to your web site, including, without limitation, content therein not attributable to The Company. The Company may withhold any Commissions that it owes you if you have to indemnify The Company. 9. Term and Termination. 9.1 Term. The term of this Agreement will begin upon The Company's acceptance of your Affiliate Program application and will end when terminated by either party. 9.2 The Company Termination. In its sole discretion, with or without notice to you, The Company may terminate your participation in the Affiliate Program and terminate your Account. If The Company determines, in its sole discretion, that you are abusing the system, The Company Service and/or the MyStudio Affiliate Program, The Company may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any Commissions payable to you. 9.3 Your Termination. You may terminate your Account for any reason at any time by sending an email to mystudio@procyc.com and providing your affiliate ID# and website address. 9.4 Effect of Termination. You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. The Company may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to The Company Web Site, product images from The Company database, all Company trademarks, trade dress and logos, all Special Links, Assets, and all other materials provided by or on behalf of The Company to you pursuant hereto or in connection with the Affiliate Program.
	I have read, understand and agree to the above terms and conditions.

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