RadioSpirits.com Content Affiliate Program
This agreement outlines the terms and conditions under which you (hereinafter referred to as "Affiliate") agree to be bound as a participant in the RadioSpirits.com Content Affiliate Program. It is hereby agreed that Affiliate wishes to be a part of the RadioSpirits.com Content Affiliate Program, (hereinafter referred to as "The Program") and to receive the right to link to the Radio Spirits streaming old-time radio content from its site.Program Eligibility
Each Affiliate applicant must first fully complete and submit the RadioSpirits.com Content Affiliate Program application. Applicants must live in the United States of America or Canada in order to be eligible for this program. Upon receipt of your application we will review it and your site for possible inclusion in The Program. We will notify you via email of our acceptance or rejection of your application. Our staff may at its sole discretion accept or reject any site which it deems to be inappropriate for inclusion in The Program. Possible reasons for exclusion from The Program include sites which:
If your application is not accepted, you may submit it again after a thirty day waiting period. RadioSpirits.com may terminate this agreement at any time if it determines in its sole judgment that Affiliate's site is no longer suitable for inclusion in The Program. Linking Policy
- Contain adult oriented or sexually explicit materials.
- Promote violence or discrimination.
- Promote illegal activities.
- Contain or promote unlicensed intellectual property including but not limited to software, music, radio programs, video and/or literature.
- Misrepresent their relationship with RadioSpirits.com and/or its affiliates.
- Represent themselves in an unprofessional or unlawful manner.
If your site is accepted in The Program, we will allow you to link to our content and/or site(s) in several ways:
1. Control Panel Links: We will supply you with custom code to place on your site that will contain your affiliate number and will allow us to track visitors originating from your site. This code may be inserted on any page of your site that is consistent with the terms and conditions of this agreement. This code will display the control panel you chose during the application process on your web pages. New links to streaming content will appear in the control panel on a daily basis. Control panel code may not be modified in any way. You may not link to our audio files from your site in any manner except through the control panel. Doing so may result in termination from The Program.
2. Other Links: You may provide a text link and/or a graphical link from your site to the RadioSpirits.com home page or to certain other RadioSpirits.com section pages. However, you must follow the guidelines and use the approved copy and/or images for this type of link. In addition, you must utilize the specific code generated for your site for this type of link so that we may track visitors from your site. Since our pricing changes frequently, displaying the price of specific products directly on your site is not permitted.
adioSpirits.com may change its policies and procedures regarding this program at any time at its sole discretion.
Identifying Yourself as a Content Affiliate Program Participant
If you are an active Content Affiliate Program member you may indicate your participation by using one of the approved graphical or text links that we provide. You may not refer to your participation in The Program in any other way. Violation of this policy may result in the termination of this agreement and the possible forfeiture of accrued commission in your account.
You may not issue a press release or make a public statement regarding your participation in The Program without our prior written consent, which may be given or withheld in our sole discretion. Further, you may not misrepresent or mislead others about your relationship with The Program, RadioSpirits.com, or its affiliates, or the relationship between The Program, RadioSpirits.com, and/or its affiliates and any other third party.
We grant you a nonexclusive, revocable right to use the graphical images and text described in the section above and such other images for which we grant express permission, solely for the purpose of identifying your site as a participant of The Program. You may not modify the graphical images or text in any way. We reserve all rights to our graphical images and text, trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
You are solely responsible for the development, operation, and maintenance of your site and for all content and links which appear on it. This includes posting and maintaining your pages and the control panel links on your site. Further, you agree that it is your responsibility to ensure that all materials posted on your site are legal and do not violate or infringe upon the rights of any third party and otherwise conform to the terms and conditions of this agreement. We disclaim all liability for any information or third party links which appear on your site. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the content, development, operation, and maintenance of your site.
Term of the Agreement
The term of this Agreement will begin upon our approval of your application to participate in The Program and will end when terminated by either party in writing. 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 the use of, and remove from your site, all links to our site, product information, and images, RadioSpirits.com trademarks and logos, and all other materials provided by us to you for use in connection with The Program.
We may modify any of the terms and conditions of this Agreement, at any time, at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in linking policies, approved control panel images and Program rules. 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.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, franchise, agency, sales representative, or employment relationship between the parties. You 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 elsewhere, that would represent or cause others to think otherwise.
Limitation of Liability
It is hereby agreed that we will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) which may result from this Agreement or your participation (or inability to participate) in The Program, even if we have been advised of the possibility of such damages.
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 and/or our Content Affiliate program will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU ALSO UNDERSTAND THAT WE MAY AT ANY TIME SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR MAY COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THIS PROGRAM AND REPRESENT THAT YOU ARE NOT RELYING ON ANY OTHER REPRESENTATION, GUARANTEE, OR STATEMENT REGARDING THIS PROGRAM OTHER THAN THE THOSE SET FORTH HEREIN.
This Agreement will be governed by the laws of the United States and the state of New Jersey, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the state of New Jersey 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 it or any other provision of this Agreement.