Bark Communications // BarkBuilder / Refer Us

Refer Us - Earn a Commission on Referrals

Helping you become a successful BarkBuilder affiliate is important to us. As a member of our BarkBuzz Affiliate Program, you will earn commissions while linking your visitors to our site.

You'll receive a commission of 5% on every sign-up made as a result of being referred from your site! Additionally, you'll continue to earn 5% on all monthly hosting fees (of the company that you referred) for as long as they are a BarkBuilder customer!

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Agreement

BarkBuilder Affiliate Agreement

This Affiliate Agreement (the "Agreement") is made by and between Gateseven Media Group Inc. (o/a Radiant), a Canadian corporation ("Radiant"), and you ("You"). Radiant operates an Affiliate Marketing Program. You wish to earn compensation through Your Web site by increasing sales, leads and/or visitors to BarkBuilder.com. Therefore, You wish to become an Affiliate Member of BarkBuilder' Affiliate Marketing Program.

Radiant and You agree to the following terms and provisions:

1 Relationship.

1.1 During the term of this Agreement You are an Affiliate. As an Affiliate, You agree to follow Radiant's Code of Conduct.

1.2 You have a professionally designed and monitored Web site.

1.1.2 Your Web site does not contain or promote, or Link to Web sites that contain or promote libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, hacking or the offer any illegal good or service.

1.1.3 You do not mislead others.

1.1.1 If You operate a site that sells goods or provides services, You also agree that:

1.1.4 You charge a fair price for Your product or service.

1.1.5 You have a secure shopping cart for processing orders and credit cards.

1.1.6 You have published customer service and satisfaction policies.

1.1.7 You provide a customer support email address.

1.1.8 You fulfill customer orders promptly and quickly.

1.1.9 You provide email confirmation upon acceptance of an order.

1.1.10 You provide email confirmation of a shipment if applicable.

1.1.11 You have a published return policy and guarantee.

1.1.12 You have a published Privacy & Security Policy.

1.1.13 You have robust back-end systems in place to process orders.

1.2 Radiant will provide You with reasonable support for the Service.

2 Tracking and/or Reporting.

Radiant will track critical information regarding sales that result directly from Your Links through the Program from Your Web Site. Based on this information, Radiant will credit Payouts and provide You with informational reports.

3 Your Links.

3.1 You may cause Links to be placed on and removed from Your Web site and Your e-mail messages at Your discretion subject to the terms and conditions of this Agreement. You shall not place Your Links in newsgroups, message boards, unsolicited e-mail and other types of Spam, banner networks, counters, chat rooms and guest books.

3.2 Your Links must be placed such that it is unlikely that they will mislead the Visitor. In addition, Your Links must be placed with the intent that it is reasonably likely that they will deliver bona fide sales, Leads or Clicks for the Link.

3.3 After Radiant has approved You, it may still terminate its relationship with You at any time, without cause. Your termination in this manner shall not affect any Payouts that You earned prior to termination.

4 Payouts.

4.1 You agree that Radiant may switch between programs, or change any Payout amount or percentage as to new transactions at any time; however, Payouts shall accrue in accordance with the program, amount or percentage in effect at the time the Payout is earned.

4.2 Radiant will credit Your Account with the amount of the Payout if Your Link directly resulted in a bona fide sale.

4.3 You agree that one or more of You, the Affiliate, or the Visitor, to the exclusion of Radiant, shall pay all applicable sales taxes or duties, and any other fees or withholding related to the sales.

5 Service Promotion.

5.1 You shall not encourage third parties to copy Your Links. You may encourage third parties to become Affiliates of Radiant so that they may create their own Links directly as an Affiliate Member of the Program.

5.2 You shall not cause any sales, Leads or Clicks to be made that are not in good faith. You shall not establish or cause to be established any program that provides any rewards, points or compensation for Clicks or Leads.

5.3 You understand that You are bound by a covenant of good faith and fair dealing under which You shall not deny Radiant the benefit of its Agreements and under which You have an affirmative duty to cooperate to assist Radiant in achieving the benefit of this Agreement.

5.4 While You are an active Affiliate, you will receive for each person or organization that first becomes a bona fide Affiliate ("New Referral Affiliate") directly and primarily as a result of a Link from Your Web site to the then-current Affiliate registration form an amount equal to 2.00 USD of all Payouts, minus any Charge backs, of all New Referral Affiliates.

6 Radiant's Obligation to Pay.

At the end of each month that Your account balance exceeds a minimum balance of $50 USD, Radiant will transmit to You, by the 25th of the following month the accumulated balance in Your account for the previous month.

7 Charge backs.

7.1 Radiant may reverse any Payout related to a sale, ("Charge back") in any case of a: return, duplicate entry or other clear error or, with respect to a sale, non-receipt of payment from the Visitor to Radiant.

7.2 In the event Radiant receives a Charge back request within 6 months of the date Your Account was credited for the related Payout, Radiant has the right to debit Your Account in the amount of the related Payout. You are expected to provide each Merchant with bona fide and successful sales and as such, Radiant may withhold other Payouts earned to offset the Charge back(s) against Your Account.

7.3 If Your Account balance is less than the amount of Your Charge back(s), the difference will be deducted against Your future earnings.

8 Proprietary Rights and Licenses.

8.1 You provide to Radiant that the information provided on Your Web site or provided in any e-mail in which You place one of Your Links, does not infringe upon any third party's rights or is defamatory, libelous, unlawful or otherwise objectionable.

8.2 You agree to remove or update any Link promptly upon Radiant's request. You shall not otherwise copy, nor in any manner modify, in any way any icons, buttons, banners, graphics files, names, trademarks, or copyrighted content that You receive from Radiant. You may not remove or alter any copyright, patent or trademark notices.

8.3 You shall not adopt any names, trademarks, or service marks that are confusingly similar to, or in combination with any of the Marks.

8.5 You agree that any affiliation under this Agreement may be terminated immediately upon written notice to You if Radiant has reasonable concerns that You are diluting, tarnishing or blurring the value of the Marks.

Privacy and Confidentiality.

9.1 Radiant respects privacy. Radiant promises not to disclose, other than under compulsion of law, including subpoena, and as reasonably necessary any personal or business information that can be linked specifically to any of Your Visitors, without Your express permission. Radiant will not sell the name, e-mail address, phone number, or any other personal information regarding Your Visitors to anyone. Radiant considers this information to be private, and, if ever collected, will treat it as such. You understand that by Clicking on Your Links, Your Visitors will have cookies placed on their hard drives. You agree that Radiant may post performance statistics based on You and Your Links. Each party may make statements that it is doing business with the other and use the other's logo with such statements.

9.2 If You have any questions about Your privacy rights, or would like further information regarding the confidentiality of Your interactions with Radiant Inc., You may contact us at info@Radiant.com.

9.3 Radiant will not disclose publicly or on its web site, any of Your data separately, or in a manner that would enable anyone to identify such data with You, unless Radiant is under compulsion of law, including, but not limited to, subpoena.

10 Requirements of the Service.

10.1 Radiant reserves the right to deem any content or Web site inappropriate based on reasonable Internet business standards as they may evolve, including the factors set forth in Section 1. As Radiant may not review all information provided by You, You shall remain solely responsible for Your content and Web site. You understand and agree that Radiant is, under no circumstances, responsible for the content or practices of an Affiliate member or its Web site.

10.2 Upon request, You must provide Radiant with reasonable and valid substantiation for any advertising claims You make in Your Links or on Your Web site that are related to the Affiliate Program.

10.3 Any suspected fraudulent, abusive or otherwise illegal activity is grounds for immediate termination of this Agreement or deactivation of any of Your Links, without notice by Radiant and referral to the appropriate law enforcement agencies.

11 Term and Termination.

11.1 This Agreement is effective immediately upon Your indication that You have accepted As An Affiliate member.

11.2 This Agreement shall terminate the earlier of: either You or Radiant providing 30 days written or e-mail notice to the other of its intention to terminate this Agreement; or, Radiant terminating this Agreement pursuant to its rights hereunder.

11.3 Upon termination of this Agreement, any license granted to You under this Agreement will terminate and You must immediately:

11.3.1 Delete all electronic copies of Confidential Information;

11.3.2 Return to Radiant or destroy any physical copies Confidential Information;

11.3.3 Cause all Links to Radiant and all Links through the Program to be removed from Your Web site

12 Notices.

12.1 Immediately upon any change, including but not limited to e-mail and postal addresses, telephone and facsimile numbers, You will update Your information Web page(s) with Radiant.

12.2 E-mailed notices shall be effective upon the logging by sender's server of delivery confirmation.

12.3 You agree that Radiant may rely on any data, notice, instruction or request received that Radiant reasonably believes to be genuine and to be authorized by You.

13 Changes to the Service.

Radiant reserves the right to modify, add or remove portions of this Agreement and may add to, change, suspend or discontinue any aspect of the Service. Except as otherwise provided in this Agreement, in the event that such Radiant action results in a detrimental material change to You in the Service, Radiant will provide You with notice at least 14 calendar days prior to any such changes taking effect, during which time You may terminate this Agreement immediately by notifying Radiant and taking all reasonable steps to immediately withdraw from the Service. Your failure to so terminate this Agreement during those 14 calendar days shall be deemed Your irrefutable acceptance of the change to this Agreement or material change to the Service.

14 Remedies.

14.1 Absent of error, the number or amount of sales, the credits for Payouts, and the charges for Charge backs, that are calculated by Radiant in good faith shall be final and binding on You.

14.2 Radiant may terminate this Agreement, deactivate You or remove any of Your Links without prior notice if Radiant believes in good faith that You are:

14.2.1 Harming the reputation of Radiant, or

14.2.2 In breach of any of the Sections of this Agreement, and

14.2.3 Not responding reasonably promptly to Radiant's attempts to communicate.

14.3 If You fail to remedy a breach of this Agreement or fail to provide evidence satisfactory to Radiant that no breach has occurred, the Company may in its sole discretion terminate this Agreement without any further obligation or compensation to You for such termination.

14.4 The parties agree that in the event legal proceedings are initiated to enforce this Agreement, attorneys' fees shall be awarded to the prevailing party.

14.5 Should You and any third party each allege entitlement to any money or other property that Radiant possesses, the Company has the right to interplead any such money or property into any court with jurisdiction over this Agreement and deduct the associated reasonable costs and attorneys' fees from Your Account.

14.6 Should any third party dispute Your right to use any Link, domain name, trademark, service mark, trade dress, or Your right to offer any service or good offered on Your Web site, You agree that Radiant may disassociate itself, without prior notice, with any such Link, domain name, trademark, service mark, trade dress, service or good, by terminating this Agreement, deactivating You or removing any of Your Links.

14.7 No remedy shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

15 Disclaimer of Warranties & Limitation of Liability.

15.1 Each party will make reasonable commercial efforts to keep its Web site operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. We agree and acknowledge that it is normal to have a certain amount of system downtime and agree not to hold each other liable for any of the consequences of such interruptions.

15.2 Any liability of Radiant under this agreement shall be limited to the total of your payouts paid and payable by Radiant during the term of this agreement.

16 Indemnification.

16.1 You shall defend, indemnify and hold Radiant harmless against all claims, suits, costs, damages and judgments incurred, claimed or sustained by third parties, related in any manner to this Agreement.

17 Miscellaneous.

17.1 Definitions. Capitalized terms shall be interpreted as if the entire definition is set forth in full wherever any Capitalized term appears in this Agreement.

17.2 Headings and References. The headings of the Sections of this Agreement are for the convenience of reference only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret or construe its meaning, scope or intent. Words indicated in parenthesis signify an abbreviation for the previous set of words or terms, so that when the abbreviation is used within the Agreement, it shall have the same meaning as a full statement of the words or terms.

17.3 Assigns. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and permitted assigns.

17.4 Third Party Rights. This Agreement is intended to benefit each Affiliate that is approved to Link to its Web site, and reciprocally, You are an intended third party beneficiary under the Affiliate Agreement. As two examples, You gain certain rights for Payouts under the Merchant Agreement, and Merchants gain certain rights requiring You to cooperate regarding Charge backs under this Agreement. You agree that Your consent is not necessary to modify the Affiliate Agreement, even if the modification reduces or eliminates what would have otherwise been Your vested rights.

17.5 Choice of Law. This Agreement is governed by the laws of Ontario, Canada. You consent to such venue and jurisdiction.

17.6 Relationships of Parties. The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. Neither party shall do anything that would suggest to third parties that the relationship between the parties is anything other than that of independent contractor.

17.7 Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, electrical outages, Internet service providers, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any cause beyond the reasonable control of such party.

17.8 Foreign and Other Laws. Radiant controls and operates its Web site from its offices in Canada and makes no representations or warranties that its content or use is legal in other locations. Access or use where illegal is prohibited.

17.9 Severability. If any term, provision, covenant or condition of this Agreement shall be, becomes, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby.

17.10 Waiver. The waiver of any breach of any provision under this Agreement by any party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.

17.11 Entire Agreement and Amendment. In conjunction with the matters considered herein, this Agreement (including the definitions that follow this provision) contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature binding except as stated in this Agreement.

18 Definitions.

18.1 "Affiliate" means a person or organization that has entered into an Affiliate Agreement and operates a Web site that is paid for a sale by a Visitor to Radiant's Web site.

18.2 "Affiliate Agreement" means the Radiant Affiliate Agreement, as it may exist from time to time.

18.3 "the Company" means Radiant and each of its directors, officers, shareholders, agents and employees.

18.5 "Click" refers to the action by a Visitor in relation to a Link, which causes the Visitor to receive through the Internet information related to a Web site(s), or that Web site operator's product(s) or service(s).

18.6 "Internet" means the internet as it currently exists, including, but not limited to, its associated world wide web, hypertext transfer protocol (http), file transfer protocol, wide area information servers, gopher services, telnet services, Usenet services, listserv services, electronic mail, and connected intranets generally available to the public (whether freely or through subscription), as well as all currently existing and future content delivery systems served through a computer system over a network using standard protocols, such as other protocols to wireless Internet, SMS viewers, HTML browsers, and HDML browsers.

18.7 "Link" means an Internet connection between two Web sites. Typically, when a Visitor Clicks on a Link, the Visitor activates an HTTP hyperlink on an Affiliate's Web site that causes Radiant's Web site to be served to the Visitor's browser. The Link may be in the form of text, a product image, a button, a banner or other format.

18.8 "Member" means an Affiliate who has agreed to use the Program to facilitate managing, tracking, or reporting, and, as the case may be, the collecting or paying for the resulting performance of sales.

18.9 "Payout" means the financial compensation to You for a sale that resulted from a Link from Your Web site to Radiant's Web site.

18.10 "Visitor" means any third party person, other than the Affiliate who is hosting the Link and any of that Affiliate's agents, who Clicks on a Link.

18.11 "Web site" means a portion of the Internet, and "Web page" means a portion of a Web site.

18.12 "Your" means the possessive form of "You."

18.13 "Your Account" means a memo account kept on Your behalf, the balance of which increases by Your earnings through the program, decreases by any Charge backs, increases by Your Payout earnings and decreases by any payments made to You.

18.18 "Your Link" means an Internet connection from Your Web site to a Radiant's Web site. The term "Your Link" does not imply any proprietary rights whatsoever.

By clicking on Submit, you to be bound by the terms and conditions of this Agreement.

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