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Terms and Conditions
To be an authorized affiliate of Miracle Industries, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Miracle Industries Affiliate service as an affiliate. By signing up for the Miracle Industries affiliate program, you indicate your acceptance of this agreement and its terms and conditions. Failure to comply will result in immediate termination of your Affiliate account. 1. Copyright, Trademark and Patent Notice: MiracleBlanket, MiracleBlanket.com and The Amazing Miracle Blanket are all trademarks of Miracle Industries, LLC. All other trademarks appearing on this site are the property of their respective owners. All other content of this site is Copyright 2003-2008, by Miracle Industries, LLC. The Amazing Miracle Blanket is protected by the following patents: US Patents 6868566 A1, 7043783 and 7181789 and WTO Patent PCT/US2003/023486. Any violation of the above trademarks, copyrights, or patents will result in legal action. 2. COMPETITIVE PRODUCT REFERENCE: Affiliate must never use any Miracle Industries, LLC. images, including product or model photos, trademarked Miracle Industries, LLC., or Miracle Blanket name or logo mark, nor the name or logo mark of any Miracle Industries, LLC. products, nor any name or logo mark designed or intended to be similar to any Miracle Industries, LLC. product name or logo mark, nor any descriptive or explanatory text, nor any reference to the Miracle Blanket or any Miracle Industries, LLC. products in reference or relation to any other company, product or brand name other than those produced or distributed by Miracle Industries, LLC. without prior written consent. 3. USE OF PROMOTIONAL MATERIALS: Affiliate may use specific photo and/or graphic images and/or specific text provided by Miracle Industries, LLC. for the promotion of or in conjunction with Miracle Industries, LLC. products only, and then only for the duration that the Affiliate is an authorized Affiliate of Miracle Industries, LLC. 4. PROPER USE OF TRADEMARK: Affiliate must represent all Miracle Industries, LLC. products with full product names in print including Internet, audio, video and all media promotional materials. “Miracle Industries” should appear in product descriptions, as in “The Miracle Industries Miracle Blanket” and in relation to any other products manufactured by Miracle Industries, LLC. Trademark “Miracle Industries®” and relating product logos should be used in print or publication whenever feasible. 5. RESOLUTIONS: This agreement will be governed by law. The parties agree that any legal action brought to resolve any dispute arising under this agreement may be venued in either a Superior or in District Court. Affiliate further agrees to accept service of process by Federal Express or other commercial overnight delivery service. Any court costs used to bring legal action to defend a potential breach of contract with Miracle Industries, LLC. will be paid in-full by the Affiliate. 6. AFFILIATE CLICK-THRU TIME LIMIT: When an Affiliate sends a customer to Miracle Industries, LLC. via an Affiliate link, that Affiliate will get credit for any sales made to that customer for a period of three weeks (21 days). If the customer clicks on another Affiliate link during that three weeks, the subsequent Affiliate link is not recorded because the original Affiliate link is still valid. After 21 days, if the same customer clicks on another Affiliate link, that new Affiliate will be the one to get credit for subsequent sales for the next 21 days. If a customer does not purchase before this time limit expires, it is assumed that whatever brought them back to the website later was something other than the Affiliate link, and no credit is given for any sale. 7. PAYMENT TIMING AND THRESHOLD: Payments will be made by Miracle Industries, LLC. to Affiliate no more than once per month, and only then if the outstanding balance is greater than $20.00. If the outstanding balance is less than $20.00, the balance will continue to the following month where it will continue to accrue with any new Affilate-generated sales. Any time a payment is made, it will be equal to the full balance. 8. TERMINATION OF AGREEMENT: General agreement is terminable at will by either party. Affiliate may cancel their Affiliate account at any time, and Miracle Industries, LLC. may terminate the Affiliate account at any time, or may discontinue the entire Affiliate Program at any time. If Miracle Industries, LLC. terminates the account, any outstanding monies owed to the Affiliate will be paid to the Affiliate. Note that balances of less than $20.00 at time of account termination are below the payment threshhold defined the previous paragraph, and will not be considered due.
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