BUSYBAYUSA.COM is an international trade and commerce online service operated by Best Brides World Wide, LLC/DBA BUSY BAY USA. If you wish to become a registered member ("Member") and utilize BUSYBAYUSA.COM services, including, but not limited to email messaging, live instant messaging and live video streaming, you must agree to abide by the terms and conditions ("Agreement") defined herein. If you do not agree to these terms and conditions, you may not utilize the Services provided in this web site ("Web site") and should exit the Web site immediately.
This Agreement defines the terms of your use regarding the Web site and your Membership while utilizing the Services. Any provisions governing the use of BUSYBAYUSA.COM Services including but not limited to its Terms and Conditions, User Agreement, and Disclaimer may be amended, revised, or added to without prior notice of any kind. It is each Member's sole obligation and responsibility to periodically review all provisions governing the relationship of the parties defined in this Agreement and adhere to the rules outlined therein.
Right of Use.
You must be 18 years of age or over to register as a Member of BUSYBAYUSA.COM. By registering, you acknowledge that you possess the capacity to enter into this Agreement and to abide by all restrictions defined herein. BUSY BAY USA may alter, suspend, or discontinue any aspect of the Services at any time, the reason for which BUSY BAY USA may or may not disclose. This includes limiting your use of part or all of the Services. Suspension of Services may be with or without notice, the determination of which is at the sole discretion of BUSY BAY USA.
* Member Login ID and Password. During the registration process, you will create a unique username and password that is associated with your new account. You are solely responsible for maintaining the confidentiality of your password, and are fully accountable for all activities that occur under your account. You are prohibited from sharing your password with any third party and from using your password for any unauthorized purpose. You may not assign or transfer access privileges to any other person or entity. You agree to notify BUSY BAY USA of any unauthorized use of your account or any other breach of security.
* Duration. This Agreement will remain in effect while you use the Web site and/or are a Member. Even after your membership ends, certain sections of this Agreement will still apply. You may terminate your membership at any time by selecting "inactive" in your Account page. BUSY BAY USA reserves the right to terminate your membership at any time. If BUSY BAY USA terminates your membership because you are found in violation of this Agreement, access to your account will be severed immediately.
* Exclusive Rights. The contents of the Web site and all other web sites under BUSY BAY USA control, including but not limited to text, graphics, images, logos, button icons, software, and other Web site content, are the sole property of BUSY BAY USA and are protected by law. Users agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, or dissemble any aspect of the Web site, including Web site content, and acknowledge that doing so may lead to civil and/or criminal liability for violations of trademark, copyright, and/or other applicable laws.
* Security. Users and unauthorized third parties are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, accessing data not intended for such user, logging into a server or account which the user is not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network, breaching security or authentication measures without prior authorization, attempting to interfere with service to any user, host, or network by means of a virus, or any type of denial of service attack, sending unsolicited email, including promotions and/or advertising of products or services, or forging any TCP/IP packet header or any part of the header information in any email. BUSY BAY USA is not responsible for the loss or misuse of any data or member information that is obtained by unauthorized access or through the illegal acts of any user or any third party. Violations of the system or network security may result in civil or criminal liability. BUSY BAY USA will investigate occurrences that may involve such violations, and may involve and cooperate with law enforcement authorities to prosecute users found guilty of such violations.
* Acceptable Content. You agree that BUSY BAY USA may review and delete any messages, photos, profiles, or other material (collectively, "Content") that violates the acceptable content policy as defined herein.
* You are solely responsible for the Content that you post or transmit to other Members while utilizing the Services.
* The following defines the type of Content prohibited on the Web site whether it be in your profile, email messages, or instant messages. This list is condensed and not inclusive of all Content forbidden on
BUSYBAYUSA.COM. BUSY BAY USA reserves the right to remove any Content similar in part or in full to that which is listed below, as well as any Content not mentioned below that is deemed inappropriate. Members who violate this acceptable content policy may be banned from any current and future use of the Services. Unacceptable Content includes Content that:
* displays or describes pornographic or sexually explicit material of any kind;
* promotes harassment, racism, or physical harm of any kind against any group or individual;
* displays language of a harassing, abusive, or vulgar nature;
* involves the transmission of "junk mail" or unsolicited mass mailings;
* promotes or refers to, in any shape or form, our competitor's services and/or web sites;
* promotes obscene, offensive, illegal or otherwise objectionable material;
* disseminates an illegal or unauthorized copy of another person's copyrighted work;
* provides instructional information concerning illegal activities;
* contains viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information;
* solicits passwords or personal identifying information from other users for commercial or unlawful purposes;
* disseminates telephone numbers, postal addresses, URLs, instant message IDs, email addresses or any other form of personal contact information.
* Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information contained within the Web site without first obtaining prior written consent from BUSY BAY USA.
* Links. The Web site may contain links to other third party web sites. These links are provided solely as a convenience to you and not as an endorsement by BUSY BAY USA of the contents of such third party web sites. BUSY BAY USA is not responsible for the content of linked third party web sites and does not make any representations regarding the content or accuracy of materials on such web sites. If you choose to access a linked third party site, you do so at your own risk.
* Member Disputes. Members are solely responsible for their interactions with one another. BUSY BAY USA has no obligation to monitor any disputes that may arise between any Members.
* Disclaimers. BUSY BAY USA cannot guarantee and does not warrant any specific results from use of the Web site and/or the Services. The Web site and Services are distributed on an "as is" basis. BUSY BAY USA is not responsible for any incorrect or inaccurate content posted on the Web site, regardless of its origin. You acknowledge that errors, omissions, and interruptions in the availability of the Services may occur, and hold BUSY BAY USA harmless from any loss or damage incurred by you as a result of such occurrences. BUSY BAY USA is not responsible for the conduct, whether online or offline, of any Member of the Web site.
* Limitation of Liability. BUSINESS BAY USA shall employ due care and attention in maintaining the Web site. However, you acknowledge that any collection and compilation of data entails the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media which may give rise to loss or damage. Under no circumstances will BUSY BAY USA, its affiliates, officers, directors, employees, or agents be liable to you or any third person for damages or costs arising from your use or inability to use the Web site or the Services. BUSY BAY USA makes no representation or warranty with respect to the accuracy, completeness, or currentness of the Web site's content; and BUSY BAY USA specifically disclaims any other warranty, express, implied, or statutory, including any warranty of merchantability or fitness for a particular purpose. BUSY BAY USA shall not be liable on account of any such errors, omissions, delays, or losses unless caused by its gross negligence. You agree that in no event will BUSY BAY USA be liable for the results of your use of the Web site, your inability or failure to conduct your business, or for indirect, special, or consequential damages. You further agree that in no event will the total aggregate liability of BUSY BAY USA for any claims, losses, or damages arising under this Agreement and the Services performed hereunder, including negligence, exceed the amount paid by you to BUSYBAYUSA.COM for the Services during the term of membership in which the cause for complaint occurred, even if BUSY BAY USA has been advised of the possibility of such potential claim, loss, or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.
* Indemnity. You agree to indemnify BUSYBAYUSA.COM, BUSY BAY USA, and its affiliates, officers, directors, employees, and agents from any and all third party claims, liability, damages, and/or costs (including but not limited to attorney's fees) arising from your use of the Services in a manner that violates or is alleged to violate this Agreement, or from any charges or complaints made by other users against you.
* Refunds. You specifically acknowledge that BUSY BAY USA is not obligated to offer a refund on any valid, properly executed order for any Services. When you send a letter and it is transferred to the intended recipient's inbox, this is considered a properly executed order. Letters that go unread or from which you receive no reply are still considered properly executed orders and do not entitle you to a refund. BUSY BAY USA is not obligated to offer a refund based upon your personal success (or lack thereof) when using the Web site or the Services. Dissatisfaction with the Web site or any Services offered within does not entitle you to a refund. Nor are refunds issued due to your failure to familiarize yourself with the functionality of the Web site, resulting in incorrect use of the Web site.
* Chargeback Policy.
By using the Web site and/or Services, you hereby acknowledge and agree that the purchase and receipt of any credit package listed on the Web site, which provides the ability to utilize Services through BUSYBAYUSA.COM, including, but not limited to email messaging, instant messaging, and live video streaming, constitutes value received. Furthermore, you covenant and agree that you will not initiate any cardholder chargebacks in an attempt to secure a refund, as any attempt to do so would constitute a violation of the terms of the purchase. Having acknowledged value received, you hereby agree that any effort to initiate such a chargeback would be a misrepresentation of fact and could be construed as an act of fraud.
By using the Web site and/or Services, you hereby acknowledge and agree that the purchase and receipt of any membership listed on the Web site, which provides access and the option to utilize Services through BUSYBAYUSA.COM, including, but not limited to email messaging, instant messaging, and live video streaming, constitutes value received. You acknowledge and agree that charges associated with each membership will automatically renew each month, and should you no longer wish to use a membership, you agree to cancel by accessing the "Cancel Membership" link located within your "My Account" page on the Web site. You acknowledge and accept that failure to cancel does NOT excuse you from paying any charges associated with the membership. Furthermore, you covenant and agree that you will not initiate any cardholder chargebacks in an attempt to secure a refund, prior to, after, or in lieu of canceling your membership, as any attempt to do so would constitute a violation of the terms of the purchase. Having acknowledged value received, you hereby agree that any effort to initiate such a chargeback would be a misrepresentation of fact and could be construed as an act of fraud.
Membership Renewal Notice:
Your automatic monthly membership renewal will take place each month on the anniversary of the date that you initiated your membership. If for any reason your renewal transaction is unable to be processed, BUSY BAY USA will make up to two additional attempts to renew your membership before any loss of privileges occurs with your existing membership level. If a second and/or third attempt is required to renew your membership, the anniversary date for subsequent monthly renewals will become the date upon which the renewal transaction takes place.
* Force Majeure. BUSY BAY USA will not be liable for any loss resulting from a cause over which it does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, hurricanes, earthquakes, natural disasters, strikes or other labor problems, or governmental restrictions.
* Severability. In case any one or more provisions contained in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein.
* Governing Law. This agreement shall be deemed for all purposes to have been entered into in the State of Florida. The Member agrees he is subject to the jurisdiction of the State of Florida and waives any right to defense for lack of jurisdiction. Venue for any and all disputes between the Member and BUSY BAY USA, including, but not limited to, any claims for violation of any statute, contract, tort or common law, shall lie exclusively in Miami-Dade County, Florida or the United States District Court, Middle District of Florida, Miami-Dade Division. Member and BUSY BAY USA agree to waive any claim for jury trial in any dispute between Member and BUSY BAY USA. This Agreement shall be Governed by and construed in accordance with the Laws of the State of Florida.
By using this web site (BUSYBAYUSA.COM), you agree to abide by the following rules and regulations:
I am at least 18 years of age. (21 in states where 18 is not the age of majority) I will not dispense content that: is patently offensive (sexually or otherwise); displays pornographic or sexually explicit material of any kind; involves the transmission of "Spam" or "Junk Mail;" promotes information that is false or misleading; engages in commercial activities such as contests and pyramid schemes; and provides instructional information about illegal activities.
I will use the Services in a manner consistent with all applicable laws and regulations. I will not post, distribute, or reproduce any copyrighted material,
trademarks, or other proprietary information without obtaining prior written consent from the owner of such rights.
I hold myself solely responsible and liable for any interactions and disputes between myself and other BUSYBAYUSA.COM members.
I agree to indemnify BUSYBAYUSA.COM, Best Brides World Wide, LLC /dba BUSY BAY USA , Its employees, affiliates, officers, agents, and other partners, from any loss or liability arising from my use of the Services in violation of this Agreement, or from any charges or complaints made by other users against me.
I acknowledge that this User Agreement may be modified at any time, such changes to become effective on the day in which they are posted.
I agree to review this User Agreement periodically to check for any such modifications.
BUSY BAY USA cannot guarantee nor does it warrant any specific results from use of the Web site and/or the Services. The Web site and Services are distributed on an "as is" basis. BUSY BAY USA is not responsible for any incorrect or inaccurate Content posted on the Web site, regardless of its origin. You acknowledge that errors, omissions, and interruptions in the availability of Services may occur, and hold BUSY BAY USA harmless from any loss or damage incurred by you as a result of such occurrences. BUSY BAY USA is not responsible for the conduct, whether online or offline, of any Member of the Web site. BUSY BAY USA has no obligation to monitor disputes between Members. BUSY BAY USA will not be responsible for any loss or damage resulting from the interactions between users of the Web site, whether online or offline.
Television commercials to be downloaded on busybayUSA.com must adhere to moral and ethical standards, illegal content in any shape or form ( i.e. pornography, illegal drugs, substance abuse, discrimination based on religion, ethnic origin, nationality, sex, race, etc. ) will not be tolerated or accepted by Busy Bay USA. Any breach of this requirement will result in the profile removal of the breacher. Busy Bay USA is not responsible for the contents of videos of a political or any other nature aired by Chambers of Commerce, Federations, Associations, Non-Profit Organizations, Governmental Agencies, Political Candidates, PACs, For Profit Corporations, or businesses or individuals at large. The aforementioned entities/individuals should consult their legal staff to ascertain if those types of commercials violate their by-laws or corporate policies. Busy Bay USA will only provide the software ( i.e. the site www.busybayusa.com ) to its paying members. The lack of truthfulness, false and misleading advertising, fraud, misrepresentations, deceit, etc., in the content of profiles, videos, imagery, text, etc., submitted by clients to busybayusa.com, is not our responsibility. Clients are advised to use responsible judgement and ethical behavior in placing their profiles/digital information with busybayusa.com
1. Information Collection:
BUSY BAY USA is the sole owner of the information collected on BUSYBAYUSA.COM, BUSY BAY USA collects information at different points as you access the web site.
During membership registration, a user must first complete the Profile and Preferences pages and provide an email address. This information will never be sold or otherwise made available to third parties. We will only disclose your personal information if required by law. Occasionally, we may send information to your personal email account concerning important changes or updates to our web site. When a user utilizes anyone of our pay services, the user must provide personal contact and financial information such as credit card number, expiration date, and user's mailing address. This information is used for billing purposes only, and will never be divulged to any third parties, unless required by law.
2. Information Use:
BUSYBAYUSA.COM may only be used for lawful purposes
We store information that we collect through cookies, log files, clear gifs, and/or third parties to create a profile of our users. A profile is stored information that we keep on individual users that detail their viewing preferences. Consequently, collected information is tied to the user's personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to our site, and access relevant information. Email address lists are not sold to any third party.
There are two types of cookies, "Persistent" and "Session ID". A persistent cookie is a very small text file placed on your hard drive by a web server. It is essentially your identification card, and cannot be executed as code or deliver viruses. It is uniquely yours and can only be read by the server that gave it to you. The persistent cookies are set to expire in 60 days and may change at any time without prior notice.
Session ID's cookies are used to provide you with correct formatting and to move data between pages. Once the users close the browser, the cookie(s) simply terminates. Persistent cookies can be removed by following Internet browser help file directions.
Setting a session ID cookie enables us to present you with correct formatting and users will not have to login more than once. If the users choose to reject the cookie(s), they may still browse our web site, although the database functions and formatting (display) might not function correctly. Persistent cookies are used to recognize repeat visitors.
Like most standard web site servers, we use log files. These log files include information such as Internet protocol (IP) addresses, Internet browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and the number of clicks, to analyze trends, administer the web site, track user's movement in the aggregate, and gather broad demographic information for aggregate use.
Communication from the Web Site
Members will receive a notification message at their personal email address when new messages appear in their BUSYBAYUSA.COM mailbox. They can customize this convenience to get a notification once a day, once a week, for every new email they receive, or not at all. To tailor this service, Members need only click on "Web Site Preferences" located in the right-hand column of their Account page. On occasion, we may send Members promotional messages or announcements that are strictly service related. Members may not opt out of these communications.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our web site.
This web site contains links to other web sites. Please be aware that BUSY BAY USA is not responsible for the privacy practices of such other web sites. This privacy statement applies solely to information collected by this web site.
This web site takes every precaution to protect our users' information. When users submit sensitive information via the web site, their information is protected both online and offline. When our registration/order process asks users to provide sensitive information (i.e., credit card number) that information is encrypted and protected with PayPal System.
While we use PayPal encryption to protect sensitive information online, we also do everything in our power to protect user information offline. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job function or task (for example, our accounting department or a customer service representative) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy. Finally, the servers that store personally identifiable information are in a secure environment. If users have any questions about the security of our web site, an email should be directed to e-mail address (new)
4. Correcting / Updating / Deleting / Deactivating Personal Information:
If a user's personally identifiable information changes, or if a user no longer desires our services, we provide a way for you to correct, update, delete and/or deactivate this information online. In the event you experience difficulty, an email should be directed to e-mail address new
5. Notification of Changes:
6. Contact Information:
BUSY BAY USA is in no way responsible for any damages that may occur as a result of the introduction and or communication of members via the site. Although BUSY BAY USA reserves the right to monitor the correspondence between members, it is known by the user that BUSY BAY USA has no control or input in the communication or interaction between the members on its site. Users of BUSY BAY USA agree to hold harmless Best Brides Worldwide LLC dba BUSY BAY USA, its employees, directors, agents and affiliates from any claims that may arise from the use of this site, and communication and or personal interaction with other users of this site.
All of the content contained on BUSYBAYUSA.COM is the sole property of BUSY BAY USA and cannot, without prior permission, be copied or published in any way.
This Agreement is entered into in Miami, Florida United States. Any actions that occur because of this service will be deemed to have occurred in Miami, Florida. If there are any disputes, they must be submitted to binding arbitration, subject to the policies and rules of the American Arbitration Association. Neither party shall be entitled to attorney fees. Any and all Arbitration must be held in Miami, Florida. If any provision is found to be invalid, all other provisions in this agreement will remain in affect.
Your membership will automatically renew every 30 days. If you do not want your membership to renew please E-mail us at l or call us at and we will cancel your account.
Terms of Agreement | BUSY BAY USA Affiliate Program
This Agreement contains the terms and conditions that shall apply to anyone who joins BUSY BAY USA's Affiliate Program. Read them over very carefully.
This Agreement contains the terms and conditions that shall apply to an individual's or an entity's (hereinafter a "Participant," "Affiliate Site," or "Affiliate Member." or "you" or "your") participation in the affiliate program or programs (the "Program") of BUSY BAY USA (hereinafter " BUSY BAY USA ", "BUSY BAY USA's Affiliate Program, "we", "its," "us" "our" or "the Company"), BUSY BAY USA's successors and assigns.
1. Enrollment in the Affiliate Program
To begin the enrollment process in BUSY BAY USA's Affiliate Program, you will submit a Registration Profile via our site ( please click registration and select INDIVIDUAL/CORPORATION category ). Your affiliate program account is active immediately.
BUSY BAY USA Affiliate Progam will evaluate your application in good faith and we may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include material that:
promotes discrimination based on race, sex, religion,nationality, disability, sexual orientation, or age,
promotes illegal activities,
violates intellectual property rights.
If we reject your online affiliate application, you are welcome to reapply to the Program at anytime. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for BUSY BAY USA's Affiliate Program, we may terminate this Agreement.
2. Special Links
As a site affiliate, you will receive, or be made available, banner advertisements, button links and/or text links to our site. These special links may contain BUSY BAY USA logos and/or identifying words.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special HTML code to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will only earn referral fees for activity on our site occurring directly through Special Links: we will not be liable to you for any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement. Special Links functioning is based on "cookies". The system is unable to track the sales when the user's "cookies" are switched off. If your visitor's cookies are off he will not be recorded as your referral and you will not receive any commission from his purchases.
We may monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement. We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. However, we reserve the right to approve and to prohibit all Links.
You may NOT link to, display or by any other method utilize any photos, videos or any other information pertaining to any of our member(s) on your site.
You are strictly prohibited from using any spyware or sexually explicit ads or promotions to advertise our sites, goods, and services.
You agree to immediately notify us of any complaints you learn of regarding alleged sexually explicit ads for our sites, goods, and services using our online complaint form located in the footer of every page.
3. Order Processing
We will process Product orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products and Services using Special Links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.
4. Referral Fees
We issue a commission fee to you based-on the number of memberships made by your clients who are registered via the Special Links.
If the membership is a $29.00 monthly membership from a Corporation or an Individual, we will pay you $5.00 monthly for every month that the account is on our books with a limit of twelve months. In other words, your payments will end after one year of continuous payment from our subscriber.
If the membership is a $450.00 annual membership from a Chamber of Commerce or Trade/Industry Organization, you will get a one time payment of $40.00 dollars, there will be no more payments from us in the event that the aforementioned organizations renew their memberships in subsequent years.
We pay out commissions on earned revenue every month. You will be paid commissions on a monthly basis on approximately the 20th of every month. You can withdraw your commissions using your preferred Payment Method ( Bank Wire or Pay Pal ). BUSY BAY USA will pay fifty per cent of the bank wire fee, the remaining fifty percent of the fee will be borne by the Affiliate Member (it will be deducted from earnings). The individual account must reach a minimum $40 balance in order to be paid.
5. Chargebacks and Creditbacks
While this will not constitute our exclusive remedy - we will not pay any affiliates who have chargebacks and creditbacks of 8% or greater. Creditback is defined as customers who cancel their memberships and receive a credit. Chargeback is defined as a refund of payment for customers after the credit card has been processed.
6. Referral Fee Payment
Commissions are issued 45 days after a purchase is made by your client. However you will be paid commissions on an approximate monthly basis on or before the 20th of every month. The payment is equal to the balance on your account before the 1st of the current month, minus half a transfer (money order, bank wire etc.) fee.
If your monthly reported commission is less than $40, it is not paid until your balance of payments reaches at least $40 or until this Agreement is cancelled.
We reserve the right to audit accounts belonging to all our Affiliates. In case of a violation found by our Security Department or suspicion of violation we reserve the right to suspend the payout of transactions until the obstacles are completely clarified.
If the Program regulation violations are proven, premeditated and/or systematic, we have a right to delete an Affiliate account without any commission payments.
If goods or services in which commissions were paid to an affiliate are refunded by an affiliate's customer, commissions for such goods or services will be deducted from the affiliate's balance of payments on the next month. If in the next month there are no commission fees to be paid, we will present a claim to compensate a commission for refunded goods or services.
We reserve the right to suspend an Affiliate payout in case of a Program Regulation violation stated in paragraph 6 and/or in case of a chargeback, until the obstacles are completely clarified.
In the case that our affiliate's customers use a chargeback, commissions for the chargebacked transaction will not be paid. Plus, any penalties charged by our processing bank for the chargeback transaction will be deducted from the affiliate's account. If the affiliate does not have funds on his/her account to cover the chargeback penalties, a bill will be sent to the affiliate. In the event that the Security Department finds any malicious conduct on the part of the affiliate, which resulted in the chargeback, the company has the full right to terminate that partner's account without any commission being paid.
The Commission Payment Rate is subject to change at any time or from time to time. You will be notified of any change in the Commission Payment Floor via email and/or posting in a revised agreement and/or posting on the Site and/or in another method in our sole discretion.
7. Policies and Pricing
We may change our policies, terms, and operating procedures at any time.
8. Ownership of Customer
Customers who buy memberships through this Program will be deemed to be customers of BUSY BAY USA. Accordingly, all BUSY BAY USA rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time.
9. Non-Exclusive Limited License and Use of BUSY BAY USA Logos and Trademarks
We grant you a non-exclusive, non-transferable, revocable license to access our site through links solely in accordance with the terms of this Agreement, and solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material solely for the purpose of selling our memberships on your site. This license does not include the right to purchase, bid, or otherwise obtain keywords based upon BUSY BAY USA on common search engines, e.g. google.com, yahoo.com, msn.com, etc. You may not alter, modify or change them in any way. You are only entitled to use to the extent you are an Affiliate Member, in good standing. We may revoke the rights granted to you pursuant to this section at any time by giving you written notice. The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement.
10. Non-Exclusive Limited License and Use of Affiliates Logos and Trademarks
You grant us a non-exclusive license to utilize your names, titles, logos, and trademarks (collectively the "Affiliate Marks"), and to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Marks and have the right and power to grant to us the license to use them in the manner contemplated herein, and such grant does not or will not breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement.
11. Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
the technical operation of your site and all related equipment;
posting Special Links on your site and linking those descriptions to our site;
the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials) ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);
Ensuring that materials posted on your site are not libelous or otherwise illegal;
Generating absolutely no spam on any Internet search engines, news groups or mailing lists. Spamming will be cause for legal action. Furthermore, BUSY BAY USA will not pay for any commission listed for that Host site. No bulk mail, mass mail, unsolicited mail etc. Such actions will be cause for legal action. E-mailing to Opt-in lists is acceptable and encouraged.
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
You agree to post exclusively materials referencing BUSY BAY USA.
12. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all BUSY BAY USA trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral fees occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for 45 days from the last transaction of your client to ensure that the correct amount is paid.
We 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 our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. You will be informed about modification 30 days before they will join into force. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, 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 WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
14. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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, that reasonably would contradict anything in this Section.
15. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
17. Representations and Warranties
You hereby represent and warrant to us that your services, advertising (including, but not limited to e-mail or the web) and your web site(s) and all materials, content, goods, communications, e-mail, and services offered through and in association with you or your web site do not and shall not at any time:
violate any law, statute, ordinance or regulation or promote illegal activities;
contain or promote obscene materials or child pornography;
contain or promote materials that infringe on copyrights, patents, trademarks, or other intellectual property rights;
contain any materials which depict persons in a manner to suggest that they are under the age of eighteen years;
contain or promote harmful or indecent matter to minors;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
contain content which is defamatory, misleading, libelous, hateful or unlawfully threatening, abusive or harassing;
be involved in advertising or marketing that is misleading or unlawful in any manner;
be involved in unfair, fraudulent, or misleading business practices or unfair competition;
include any of the Company's trademarks or service marks, or variations or misspellings thereof, in your domain names; or
be involved in the sending of unsolicited commercial e-mail ("spam") or chat messages or instant messenger messages;
be involved any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature or features that constitute a trespass or unlawfully intrude on privacy.
You further represent and warrant:
That you have full authority to enter into this Agreement and that you have reached the age of majority under the laws of the state or locality where you reside and/or do business;
That you entering and performing under this agreement shall neither violate nor constitute a default under provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or the terms of any other agreement, document or instrument applicable to you or binding upon you;
That you will provide accurate and complete information to Company concerning your identity, bank account, address or other required information and immediately update the Company as such information changes;
That all obligations owed to third parties with respect to the activities contemplated to be undertaken by you pursuant to this Agreement are or will be fully satisfied by you, so that the Company will not have any obligations with respect thereto;
That nothing on, in or associated with your web site violates any laws, regulations, rules or customs or violate or infringe any rights of any person or entity, including any intellectual property rights, including, without limitation any copyrights, patent rights, trademark rights, trade secret rights, or rights of publicity, or any person's or entities' privacy rights or any other personal or proprietary rights of any kind; and
That you will comply with all applicable federal, state and local laws in the performance of this agreement;
* That you hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons.
We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purposes of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating BUSY BAY USA customer and vendor lists, relating to BUSY BAY USA, and pricing and sales information for BUSY BAY USA and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement.
You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, customer conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
You hereby agree to defend (or pay our fees and costs of defense at our sole discretion), indemnify and hold us and our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, harmless against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses including reasonable attorneys' fees (any or all of the foregoing hereinafter referred to as "losses") insofar as such losses, or actions in respect thereof, arise out of or are based on 1) any claim that our use of the Affiliate Marks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, 2) any failure or breach of any representation, warranty, covenant, or agreement made by you herein including, but not limited to those representations and warranties found in Sections 13 and 21 above, 3) any misuse of our name or trademarks, 4) any claim related to your site or services, including, without limitation, any content therein, 5) any claim that your content infringes copyrights or any other intellectual property rights or that your site or services are engaged in unfair competition, 6), any claim arising out of your violation of the terms and conditions of this agreement, 7) any claim that you or your site(s) violated privacy rights or failed to maintain proper security, or 8) any claim that your advertising, communications (including, but not limited to e-mail communications), or marketing is misleading or unlawful in any manner.
20. Independent Investigation/Mutual Drafting
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
If any provision of this Agreement is held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
The headings and other captions used in this Agreement are for convenience and ease of reference only and shall not be used in interpreting, constructing and/or enforcing any of the provisions of this Agreement.
This Agreement will be governed by the laws of the United States and the state of Florida, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Florida, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
© 2010 BUSY BAY USA's Affiliate Program. All Rights Reserved.