CagesUnder500Dollars.com Terms and Conditions for Affiliates

This Affiliate Service Agreement (the "Agreement") is made by and between Adam’s Specialty Products, LLC DBA: CagesUnder500Dollars.com and CagesByDesign.com, a Wisconsin USA, Limited Liability Company, and you, as an Affiliate utilizing the Adam’s Specialty Products, LLC service ("You", "Your", "Affiliate").

You must agree to abide by the terms and conditions contained in this Agreement in order to participate in the affiliate program. Please read this agreement carefully before registering and using the CagesUnder500Dollars.com service as an affiliate. By signing up for Adam’s Specialty Products, LLC, you indicate your acceptance of this agreement and its conditions and terms. If you do not accept the agreement in full, do not use the Adam’s Specialty Products, LLC Service as an affiliate.

The following agreement is summarized below:

§         You can place our merchant banners anywhere on your site as you see fit, or within non-spam emails.

§         We may email you periodically concerning new merchant programs.

§         We may change the service here and then.

§         Adult, hate, or other related sites are not allowed at any time.

§         You will be paid commissions at such time as your account balance is $50 or more, but no sooner than the month following the expiration of the customer’s return policy for the products purchased that warrant a commission.

§         All statistics collected and calculated by Adam’s Specialty Products, LLC, will be the only valid statistics used for determining commissions.

§         Any webpage that contains Adam’s Specialty Products, LLC links, code or banners must be written in English.

§         International affiliates (with addresses outside of the 50 US states) will be paid via Direct Deposit wherever possible.

§         The physical address you list for receiving checks MUST be your physical actual address. Mail forwarding services (for purposes of avoiding network demographics) are NOT allowed. Ie. if you choose the United States as your country of residence, you must reside in the USA. If you choose Australia as your country, you must be in Australia.

§         You will not hold us liable for anything. Any link to a non-Adam’s Specialty Products, LLC website does not mean that Adam’s Specialty Products, LLC accepts or endorses any responsibility for the content or the use of such website.

§         NO SPAM POLICY. You cannot SPAM, you CANNOT SPAM, YOU CANNOT SPAM! We will immediately terminate any affiliate account on the first offense of SPAMMING. Don’t send email to groups or lists that you do not have permission to send to. We cannot stress this point enough - we absolutely WILL terminate your account on the first offense.

§         You may place links or banners within newsletters, in website content, or within any other web related content.

§         Affiliate accounts left inactive will be removed from our system if the balance is equal to or less than $25. If an affiliate account which has been abandoned has a balance of between $25 and $50, a $25 fee will be assessed once per calendar month until the total balance is equal to zero dollars - and is then subsequently closed. At no time will an affiliate ever owe money to Adam’s Specialty Products, LLC, Inc., based on fees, the account will simply be administratively closed. An abandoned affiliate account by definition is any account that has not been logged in to for a time period of six months, or has no transactions posted to it. If either one of those conditions are true, the account will remain in an active state.

§         NOT ALLOWED: Any placement of creative in an advertising scheme "desktop". This includes any/all third party advertising platforms that use a desktop application to display advertisement in any form.

§         NOT ALLOWED: Any displaying of a merchant window that isn't the result of a direct click by an end user.

§         Failure to abide by any of these rules and regulations can mean termination from a given merchant program, or from Adam’s Specialty Products, LLC entirely with a complete forfeit of all commissions.

§         Fraud is a very serious offense and will be treated as such in any instance. Fraud is defined as any action that intentionally attempts to create a sale, lead, or any click-throughs using robots, iframes, frames, scripts, or any manual “refreshing” of pages for the sole purpose of creating affiliate commissions. ANY ATTEMPT OF FRAUD OR PROVEN FRAUD WILL RESULT IN TERMINATION OF MEMBERSHIP AND VOIDING OF ALL COMMISSIONS AS WELL AS THE POSSIBILITY OF CRIMINAL AND/OR CIVIL LEGAL ACTION, INCLUDING PUNATIVE DAMAGES.

§         If an affiliate runs or utilizes an incentive web site, they MAY participate in Adam’s Specialty Products, LLC's pay-per-lead and pay-per-click programs, ONLY IF you, the affiliate, receives specific written permission (fax or email are also acceptable) from the merchant. The afffiliate must also copy this specific permission to us, the merchant, and the permission must detail exactly what kind of incentive your users/customers have to click the links. Without permission, your commissions may and can be voided. You, the affiliate, are allowed to participate in pay-per-sale programs without any special permission.

§         Adam’s Specialty Products, LLC reserves the right terminate any affiliate program membership for any reason at our discretion.

AFFILIATE REGISTRATION

To sign up as an affiliate of Adam’s Specialty Products, LLC and to use the affiliate service as an affiliate partner you must be at least 18 (eighteen) years old, supply a valid tax-id (which may be your social security number for individuals), or a federal tax-id for corporations/entities.

THE FOLLOWING TYPES OF WEBSITES ARE NOT ALLOWED AT ANY TIME TO PARTICIPATE IN Adam’s Specialty Products, LLC: AFFILIAT PROGRAM. ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES PROMOTING VIOLENCE, BIGOTRY, AND/OR HATRED, OR WEBSITES THAT PROMOTE ILLEGAL ACTIVITIES, including but not limited to WAREZ, CRACKING and/or HACKING SITES. As part of the registration process you, the affiliate, will be required to select a username and password combination that you will use to access the affiliate area within the service. You shall provide Adam’s Specialty Products, LLC with accurate, updated and complete registration information. You may not select the name of another person or persons with intent to impersonate that person or deceive members or others as to your true identity. You agree that Adam’s Specialty Products, LLC may rely on data, notices, instructions or requests furnished to Adam’s Specialty Products, LLC by you which is reasonably believed by Adam’s Specialty Products, LLC to be genuine and to have been sent/presented by a person reasonably believed by Adam’s Specialty Products, LLC to be authorized to act on your behalf. You, the affiliate, shall notify Adam’s Specialty Products, LLC by email at custcagescontact@aol.com of any known/suspected unauthorized use(s) of your account, or any known or suspected breach of security (including loss, theft/unauthorized disclosure) of your username and/or password. You will be responsible for maintaining confidentiality of your username and/or password and you are also responsible for all usage/activity on your account, including use of the account by a 3rd party authorized by you to use your account. Any fraudulent, abusive and/or illegal activity can be grounds for termination by Adam’s Specialty Products, LLC and referral to appropriate law enforcement agencies.

THE AFFILATE SERVICE

Adam’s Specialty Products, LLC has developed and operates a service (the "Service") which allows any affiliate to participate in performance marketing programs. As an affiliate of Adam’s Specialty Products, LLC you, the affiliate, will be establishing arrangements with third party organizations called merchants. All affiliate relationships established between you and Adam’s Specialty Products, LLC merchants will be managed and conducted through the service.

ACCEPTED USE OF OUR SERVICE

You represent to Adam’s Specialty Products, LLC that all content you provide to the service is solely owned or provided by you with the express authority of the company you represent, and does not infringe upon any other individual's or organization's rights, including (without limitation) intellectual property rights, and is not libelous, defamatory, unlawful or otherwise objectionable. You shall not promote, provide, distribute place or otherwise publish as an affiliate of the service any content or website that includes content, which is libelous, obscene, defamatory, pornographic, fraudulent, abusive, or which violates any laws. As Adam’s Specialty Products, LLC may not review all information provided by you, you shall remain solely responsible for your website and content. As an affiliate, you also may not artificially inflate traffic counts to merchant site or sites using any program, device, robot or by any other means, including (but not limited to) JavaScript pop up windows and/or redirects. You may also not click on your own banners and or your own links, or submit multiple leads to your merchant partners.

Links may not be placed in unsolicited e-mails, newsgroups, ICQ, banner networks, chatrooms, counters or guestbooks. Any link placed must be done so in a way that it is not misleading to any visitor(s) and/or done with the intention of delivering valid sales, clicks or leads, to the related merchant for that or those link(s).

Points or reward programs for lead or click programs are NOT allowed ever! Adam’s Specialty Products, LLC RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND/OR TERMINATE THE WEBSITE AS A MEMBER OF Adam’s Specialty Products, LLC. If you are at any time terminated from the service, Adam’s Specialty Products, LLC has the right to withhold monies earned within the service or monies you owe within the service and you will not ever be allowed to re join Adam’s Specialty Products, LLC.

AFFILIATE DEFINITIONS

"Affiliate" means any individual/business generating their own traffic and therefore are being rewarded for any legitimate leads, sales, clicks, or any other measurable action(s). Affiliates mayuse Adam’s Specialty Products, LLC to facilitate relationships with other merchants as well as gain reporting, tracking and/or receipt of commission payment.

"Merchant" means an ecommerce entity paying commission(s) or bounties for legitimate leads, sales, clicks, or any other measurable action by a visitor. Merchants use Adam’s Specialty Products, LLC facilitate relationships as well as gain reporting, tracking and issuance of commission payment(s).

"Performance Marketing" occurs when individual websites which generate their own traffic ("Affiliates") partner with online Merchants ("Merchant")’s and the merchant pays commission and/or other rewards for those visitors resulting in measurable actions – such as a closed sale, lead, hit, or any other action.


"Visitor" means any person or persons, user or users that click on a link to a merchant’s website that is placed on an affiliate's website.

"Sale Commission" means payout that the merchant sets and agrees to pay for visitors referred to the merchant's website, resulting in a sale of a product or service. The sale can occur at the time of initial visit or at any later time not to exceed 365 days. If sales occur after the 365 days time period, and the visitor has not returned through an authorized affiliate's web site or link, then no payout shall occur.

"Lead Commission" is the payout the merchant sets and agrees to pay for visitors referred to the merchant's website resulting in the visitor performing any action defined by the merchant. Such actions can include joining a mailing list, filling out forms, or any other mechanism to identify a potential customer. This action can occur at the initial time of the visit or any later time not to exceed the 365 day time limit. If an action occurs after the 365 day time limit, and the visitor has not returned through an authorized affiliate's site no payout shall occur.

"Click Commission" is the payout the merchant sets and agrees upon for payment of a valid click from an affiliate partner website to the merchant's website resulting in the merchant's website being viewable to the visitor or visitors. Clicks are deemed valid when they meet certain criteria as defined on the website or in this agreement. Criteria is subject to change.

"Payout" is the amount of lead commission, sale commission and/or click commission a merchant agrees to pay for an individual, measurable action or actions. The payout by definition, is either a percentage of a total sale amount or a set bounty (flat rate) per action.

"Commission" is the amount of lead commission, sale commission and/or click commission a merchant agrees to pay for an individual measurable action or actions. Payout is by definition either a percentage of a total sale amount or a set bounty (flat rate) per action.

"Link" is a hyperlink placed on any affiliate's website which, when clicked on, sends a visitor or customer through to a merchant web site via re-direction at Adam’s Specialty Products, LLC. Links take many forms including a product image, text, buttons, banners, videos or any other acceptable format to the merchant.

"VOID" is the reversal of a payout previously earned for a lead, sale or click that is later rescinded or corrected by the merchant. Merchants may VOID fraudulent transactions, or in the case of returned merchandise, duplicate transactions, or for any other valid reason.

"Your Account" is a specific account within the service where commissions are accrued or credited.


PLACEMENT OF LINKS

As an affiliate of the Service, you, the affiliate, may place and/or remove any merchant link(s) on your website and in any acceptable locations.     

§         You may place our merchant banners anywhere on your website as you see fit, or within non-spam emails.

§         Adult, hate, or other related sites are never allowed.

§         Any page that contains Adam’s Specialty Products, LLC banners, links or code must be written in English.

§         You cannot SPAM EVER. We have a STRICT NO SPAM POLICY. We will terminate your account IMMEDIATELY on the first offense of SPAMMING. Don’t send email to lists/groups that you do not have permission to send to. We cannot stress this point enough, we WILL terminate your account on the first offense of any breach of our spam policy.

§         Affiliate accounts left inactive will be removed from our system if the balance is equal to or less than $25. If an abandoned affiliate account has balances between $25 and $50, a $25 fee will be assessed to it once per calendar month, until the balance is equal to zero dollars - and is subsequently closed. At no time will an affiliate ever owe money or monies to Adam’s Specialty Products, LLC, Inc., based on fees, the affiliate account will simply be closed. An abandoned affiliate account by definition is as any account that has not been logged into for any period of six months, or does not have any transactions posted to the account. If either of those conditions are true, the affiliate account will remain in an active state.

§         NOT ALLOWED: Any placement of advertising, links, or banners on/in a “Desktop" advertising scheme. This includes any-and-all third party advertising platforms which utilize a desktop application to display advertisements in any form.

§         NOT ALLOWED: Any display, pop-up of a merchant window that isn't the result of a direct action click by the end-user.

§         NOT ALLOWED: Links may not at any time EVER be placed in unsolicited e-mail, counters, chat rooms, ICQ or guest books. Any link found to be placed must be done so in such a way that it is not misleading to a visitor or customer, and done with the intention of delivering valid leads, sales or clicks to the related merchant for that link.

PAYMENT TO AFFILIATES

You, the affiliate, will receive commission for sending a merchant authorized leads, sales, and/or clicks via your unique affiliate inks. In order to place links and banners, however, you must first be approved by the merchant, Adam’s Specialty Products, LLC to become an affiliate of that merchant’s program. You also further understand that the payout amount can and may be changed at any time. This information is also available to you, the affiliate, at the Adam’s Specialty Products, LLC member’s area. You are also responsible for determining if the payout for a link you, the affiliate, has placed on your website has changed and/or been discontinued. Money credited to your affiliate account does not accrue interest. In the event of a VOID by the merchant, Adam’s Specialty Products, LLC may recover from you the corresponding commission previously credited to your affiliate account. In the event of a return, the VOID commission will be immediately deducted from your account balance. In the event that your affiliate account balance is less than the VOID commission, the VOID commission amount will be deducted against your future earnings. You will NEVER be asked to send monies to Adam’s Specialty Products, LLC you will be paid commissions at such time as your account balance is $50 or more, no sooner than the month after the expiration of the customer’s return policy for the products they purchased that warrant a commission.

CHANGES TO SERVICE

Adam’s Specialty Products, LLC reserves the right to modify, change, add and/or remove portions of this agreement at any time and may change, add to, suspend and/or discontinue any aspect of this service at any time. In the event of any material change or changes, Adam’s Specialty Products, LLC will notify you via newsletters, email, or the Adam’s Specialty Products, LLC website at least seven days prior to any such changes taking effect, at which time you may either agree to such changes, or withdraw from the service. Continued use of the service constitutes acceptance of any changes once notice is given in any of the methods of notice mentioned above or herein.

SERVICE & SUPPORT

Adam’s Specialty Products, LLC will provide service support as indicated on the Adam’s Specialty Products, LLC website.

EMAIL

Adam’s Specialty Products, LLC reserves the right to send affiliates email at any time for the purposes of informing you of applicable changes and/or additions to the service or to any of Adam’s Specialty Products, LLC related products and services.

LTD. WARRANTY

The service and its operation, uses and the results of such use(s) shall be performed in a work-manlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Adam’s Specialty Products, LLC DISCLAIMS ALL WARRANTIES IMPLIED or EXPRESS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND, IN RELATION TO THE SERVICE, ITS USE AND/OR THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Adam’s Specialty Products, LLC SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (A) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED OR, THAT (B) DEFECTS WILL BE CORRECTED, THAT (C) THERE ARE NO VIRUSES AND/OR OTHER HARMFUL COMPONENTS, THAT (D) SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR, (E) REGARDING CORRECTNESS, RELIABILITY OR ACCURACY. APPLICABLE LAW MAY NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The merchant will make all reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may from time to time, result in temporary service interruption. Affiliates should understand and acknowledge that this is normal – having a certain amount of system downtime – and further agrees not to hold the merchant liable for any of the consequences of such interruptions. MERCHANT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ALTERATION, ACCESS TO, OR THEFT/DESTRUCTION OF ANY WEBSITE OF THE AFFILIATE, OR AFFILIATE CUSTOMER DATA FILES AND/OR SYSTEMS/PROGRAMS THROUGH FRAUDULENT MEANS/DEVICES AND/OR ACCIDENT. THE MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS, HEREUNDER, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF THE MERCHANT HAS BEEN NOTIFIED OF ANY SUCH DAMAGES. ANY LIABILITY OF THE MERCHANT, HEREUNDER, SHALL BE LIMITED TO REVENUE EARNED BY THE MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.

LIABILITY LIMITATION

Adam’s Specialty Products, LLC OR ANY OF ITS SUPPLIERS, RESELLERS OR MERCHANTS, SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, OR OF ANY CHARACTER ARISING FROM THE USE OF, OR INABILITY TO USE, THE Adam’s Specialty Products, LLC SERVICE, OR ANY INFORMATION PROVIDED ON ANY OF THE Adam’s Specialty Products, LLC WEBSITES, OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, DAMAGES FOR LOSS, OF GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF PROGRAMS AND/OR OTHER DATA, EVEN IF Adam’s Specialty Products, LLC OR an Adam’s Specialty Products, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERROR, OMISSION OR ANY OTHER INACCURACIES IN THE WEBSITE OR ANY HYPERLINKED WEBSITE. BECAUSE SOME JURISDICTIONS DISALLOW THE EXCLUSION AND/OR LIMITATION OF INCIDENTAL/CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ANY SUCH JURISDICTIONS, Adam’s Specialty Products, LLC'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY THE LAW. THIS PARAGRAPH SURVIVES THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

You, the affiliate, agrees that Adam’s Specialty Products, LLC – although the provider of the service – has no responsibility and/or liability as a result of your placement of authorized banners or links from your website, and you and the merchant, jointly as well as severally agree to defend, indemnify, and hold harmless Adam’s Specialty Products, LLC and its officers, affiliates, directors, employees and all agents from and against any and all claims, liability, losses, injuries, damages, or expenses (including reasonable attorney fees) indirectly or directly arising from and/or relating to, any offer or other matter related to this Agreement or the subject matter hereof, and any dispute resulting or relating thereto.

Adam’s Specialty Products, LLC agrees to defend, indemnify and hold harmless any affiliate and its affiliates, directors, officers, employees and/or agents from and against any/all liability, losses, claims, damages, injuries/expenses (including reasonable attorney fees) indirectly or directly arising from, or relating to, Adam’s Specialty Products, LLC's negligence or willful misconduct in performance of these services and/or its breach of this agreement.

OWNERSHIP/LICENSES

You, the affiliate, are granted a limited, non exclusive, revocable right to use merchant provided banners and trademarks. All technology, images and content provided for your use is, and shall remain, the sole property of the merchant, and thereof no part shall be deemed assigned or licensed to you, except as explicitly provided for herein. All intellectual property rights, including copyrights, trademarks, patent rights, patent applications, trade names and/or service marks related to the foregoing, shall remain the merchant’s sole property, including rights in/to any derivatives thereof. You may not, under any circumstance, modify trademarks, banners, or the content or any of the images provided to you in any way.

A merchant may terminate immediately your license to use any marks if the merchant reasonably believes that such use tarnishes, dilutes or blurs the value of their marks. You acknowledge that your use of any marks will not create in you, nor represent that you have, any right, interest or title in or to the marks, other than the license granted by the merchant listed above. You will not challenge the validity of, nor attempt to register any of the marks or your interest therein as a licensee, neither will you adopt any derivative and/or confusingly similar names, marks or brands, nor create any combination marks with the merchant marks. You acknowledge the merchant’s ownership and their exclusive right to use the marks, and agree that all goodwill arising/resulting of the use of the marks, shall inure to the benefit of the merchant.

REPRESENTATION

Adam’s Specialty Products, LLC makes no representations whatsoever, about any other website of which you may access through the affiliate service. In addition, any link to a non-Adam’s Specialty Products, LLC website does not mean that Adam’s Specialty Products, LLC accepts OR endorses any responsibility for the content and/or use of such website.

NON DISCLOSURE

Adam’s Specialty Products, LLC acknowledges that in the course of this agreement it shall have access to proprietary and confidential information ("Confidential Information") about and of your company. Adam’s Specialty Products, LLC agrees not to disseminate or disclose any personal or confidential information without your express prior written consent. The term "Confidential Information" will not include information that is, or becomes part of, any public domain through omission nor action of Adam’s Specialty Products, LLC, and that becomes available to Adam’s Specialty Products, LLC from 3rd parties without the knowledge of Adam’s Specialty Products, LLC, of any breach of fiduciary duty, and/or that Adam’s Specialty Products, LLC had in its possession, prior to the date of this agreement. Adam’s Specialty Products, LLC does not ever collect information about a merchant’s customer transactions, other than what is passed to us through installed cookie tracking codes and displayed on the affiliates own transaction reports. Any information we receive is used solely for commission payment and tracking purposes. Adam’s Specialty Products, LLC reserves the right to be able to utilize any of this data in aggregate to analyze service trends, monitor any service efficiencies, and/or perform such other analysis as Adam’s Specialty Products, LLC deems appropriate.

NON ASSIGNABILITY

The affiliate, or Adam’s Specialty Products, LLC may assign this agreement to any affiliate or successor upon notice to the other party, and mutual agreement between both parties.

FORCE MAJEURE

Neither party will be liable, hereunder, by reason of any delay or failure in the performance of its obligations hereunder, on account of shortages, strikes, riots, fires, insurrection, flood, storm, explosions, acts of God, war, labor conditions, governmental action, earthquakes, or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUE(S)

This agreement shall be governed by the Winnebago County, Wisconsin, USA laws (except for conflict of law provisions). The exclusive forum for any actions brought in connection with said agreement shall be in state and federal courts in/and for the State of Wisconsin, USA, and you shall consent to such jurisdiction. Application of the United Nations Convention, on the International Sale of Goods, is expressly excluded.

MISCELLANEOUS

This agreement represents a complete agreement concerning this license, and may be amended only by written execution by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU, THE AFFILIATE, IS EXPRESSLY MADE CONDITIONAL OF YOUR ASSENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this agreement is held to be un-enforceable, such provisions shall be reformed only to the extent necessary to make them enforceable.

SIGN UP NOW
or
LOGIN