Chickyz Affiliate Terms

By filling out the signup form you acknowledge that you have read the terms and conditions below for the Chickyz Affiliate Program, understand, and agree with them.

1. Joining the Program
By filling out the signup form you will automatically become an AFFILIATE and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on products purchased by your referral individuals.

2. Payment Schedule

a.        Eligible payments - all AFFILIATE monies due for orders generated as a result of AFFILIATE links/Web Site will be held for 30 days after the Shipping Date of an order. Orders are typically shipped 1-7 days after a order is placed. This allows us ample time to compensate for returns, exchanges or canceled orders. Payments will be calculated and Paypal Money will be sent out to AFFILIATE during the last week of any given month according to the terms and conditions of this document.

b.        Affiliates must be setup with Verified Paypal accounts in order to receive payments.

c.        AFFILIATE Payments - payment to AFFILIATE will not be rendered for amounts less than $100.00 US. Example: if you have a total of $100.00 in sales you would have $10.00 in your affiliate account, thus your account will carry over in the next months cycle. When your account total reaches $100.00 or more you will be sent a Paypal Payment provided all orders associated meet the conditions set forth in (a) above.

3. Right to Use

a.        You may not sub-license, assign, or transfer this license to anyone else without prior written consent from Chickyz. Your right to use the Site is not transferable. Any password or right given to you to obtain information or products from the Site is not transferable.

b.        Affiliates may only use Chickyz images to promote Chickyz sites. Affiliates may only use images provided expressly for the affiliate program. All other images on Chickyz web sites are not for distribution without explicit permission from Chickyz. Affiliate program images are those that are specifically linked from each product page only.

3. Revocation of AFFILIATE Status

Your AFFILIATE application and status in the program may be suspended or terminated for any of the following reasons:

 - Inappropriate advertisements (False claims, misleading hyperlinks)

 -  Spamming (mass email, mass newsgroup posting, etc...)

 - Advertising on sites containing/promoting illegal activities

 - Violation of intellectual property rights.

4. AFFILIATE Links
You may use graphic and text links both on your Web Site and in emails. The site may also be advertised "offline" in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are approved by us first.

5. Terms of the agreement
These terms will begin upon your signup with the AFFILIATE program and will end when your AFFILIATE account is terminated. The terms of this agreement may be modified by us at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your AFFILIATE account. Your continuing participation in the program will constitute your acceptance of any change.

6. Liability
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to AFFILIATE tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the AFFILIATE program and/or products sold at this site. We make no claim that the operation of the AFFILIATE program and our website will be error-free and we will not be liable for any interruptions or errors.

Affiliate further agrees and warrants that it will comply with all local, state and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of e-mails.

AFFILIATE shall indemnify and hold Chickyz harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of AFFILIATE. Under no circumstances will Chickyz be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing Chickyz aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to AFFILIATE under this agreement.

Chickyz will own all right, title and interest in and to all information that is created or collected in the operation of the Chickyz Web site and reserves the right to amend or terminate this Agreement at any time, with or without notice to AFFILIATE.

The laws of the State of California shall govern this Agreement. Should there be any legal dispute between the parties, then both parties agree to take the matter before arbitration/mediation in San Joaquin County, Ca should Chickyz request arbitration/mediation in lieu of formal legal process. Both parties mutually agree that the sole legal venue for all disputes shall be in the San Joaquin Court house/County, Ca.

By filling out the signup form you acknowledge that you have read the terms and conditions above for the Chickyz Affiliate Program, understand, and agree with them.

Chickyz Affiliate Guidelines

Welcome to the Chickyz Affiliate Program Guidelines, all Chickyz Affiliates must comply with the following Guidelines.
Product Pricing Information
Affiliates may not include price information in product descriptions or any other form of display, advertisement, or promotion of the Chickyz.com Products.

Prohibited Software
You may not use any software to advertise, market or promote the Chickyz.com Affiliate Program, Chickyz.com Products, your participation in the Affiliate Program or the Chickyz.com Service if the software does any of the following:
a. Surreptitiously gathers a users personally identifiable information without the users explicit consent
b. Restricts the users ability to close and pop-ups, pop-unders, or other advertisements that cover otherwise viewable content
c. Displays an unreasonable number of pop-up or pop-under advertisements per day or per web browsing session
d. Markets to children under the age of 16
e. Sends unsolicited information or material to another computer
f. Diverts the user to another site not requested by the user
g. Initiates or terminates a users connection to the Internet
h. Modifies the users settings with respect to browser home page, Internet connections (including default access provider), bookmarks, or security levels
i. Keystroke logging
j. Automatically re-installs or re-activates itself or another application after being uninstalled or removed by the user
k. Removes or disables security, pop-up-blocking, anti-virus, anti-Adware, or anti-spyware programs on the users computer

Email
Affiliate must comply with the requirements of the CAN-SPAM Act of 2003 as amended and any other applicable laws governing email communications or downloadable software applications, including without limitation, the following:
a. Affiliates may not use false or misleading header information. The emails "From," "To," and routing information, including the originating domain name and email address, must be accurate and identify the person who initiated the email.
b. Affiliates may not use deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
c. Affiliates must give email recipients an opt-out method. Affiliates must provide a return email address or another Internet-based response mechanism that allows a recipient to ask the Affiliate not to send future email messages to that email address, and Affiliates must honor the requests.
d. Affiliates must identify the commercial email as an advertisement and include the senders valid physical postal address. Affiliate emails must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt-out of receiving more commercial email from the Affiliate. The email must include a valid physical postal address from the Affiliate.
e. Affiliates may not use "spam," "blast-faxes" or recorded telephone messages to market or sell Products. Affiliates may not spam or attempt to deliberately subvert the results of the Chickyz.com directory or search engine with false, misleading, or unnecessarily repetitive information.
For more information on compliance with the CAN-SPAM Act of 2003 please visit the Federal Trade Commission website at http://www.ftc.gov/spam/

Dialers
Your site must not require or prompt an end-user to download a dialer in order to view content of the site.

Labeling Ads
Affiliates may not label ads with text other than "sponsored links" or "advertisements". Affiliates may not include any text above, beneath, or around the ad that could cause consumer confusion as to the source of the ad or appear to the consumer to be a Chickyz.com ad.

Independence from Chickyz.com
In all advertising and promotion Affiliates must clearly represent themselves and any web site of an Affiliate as entities independent from Chickyz.com and the Chickyz.com Web Sites.

Chickyz.com Look and Feel
Affiliates web sites may not in any way copy or resemble the "look and feel" of the Chickyz.com Web Site or the Chickyz.com Service, nor shall any Affiliate create the impression that the Affiliate web site is the Chickyz.com Web Site or is a part of the Chickyz.com Web Site. Affiliate web sites shall not contain any content of the Chickyz.com Web Site or other proprietary materials of Chickyz.com unless provided to the Affiliate by Chickyz.com.

URLs, Keywords, Search Terms, and other Identifiers
Affiliates may not use uniform resource locators (URLs), domain names or other identifiers of the Affiliates web site or web pages that contain any Chickyz.com trademark or any derivative thereof. The Chickyz.com trademarks and derivative include without limitation "Chickyz.com," and "Chickyz." Affiliates may not purchase or otherwise contract with third parties to exploit any Chickyz.com trademark or derivative thereof for the purpose of causing the Affiliate web site to appear as a search result or for any other reason. Affiliates may not purchase or register in any search, referral, or advertising service (such as Googles AdWords program) any of the Chickyz.com trademarks or derivatives thereof. Affiliates may not purchase, register, or bid any keywords, search terms or other identifiers that include the term "Chickyz" or variations thereof (for example "Chickyz”, "Chickyz.com", etc.) or any other trademark or service mark of Chickyz.com, for use in any search engine, portal, sponsored advertising service or other search or referral service.

Press Releases and other Communications
a) Any communication must accurately identify that you are participating in the "Chickyz.com Affiliate Program."
b) Any communication must clearly and accurately describe the nature of your participation in the Affiliate Program, your communication must not create confusion or misrepresent the nature of your or any other participants participation in the Chickyz Affiliate Program.
c) You may, without our prior consent, say the following in any communication: "you are a member of the Chickyz Affiliates", and/or "you have joined or became a member of the Chickyz Affiliate Program".
d) You must obtain Chickyz.coms prior written consent to use any other description of your participation in the Affiliate Program or of the Affiliate Program itself, which Chickyz.com may give or withhold at its sole discretion. If you seek such consent, please submit the entirety of your proposed press release to us by e-mail at affiliate@Chickyz.com for review.

Responsibility for Affiliate Web Sites
Affiliates will be solely responsible for the development, operation, and maintenance of Affiliate web sites and for all materials that appear on Affiliate web sites. For example, Affiliates will be solely responsible for:
a. The technical operation of the web site and all related equipment
b. Creating and posting Product descriptions on your site and linking those descriptions to the Chickyz.com Web Site
c. The accuracy and appropriateness of materials posted on the web site (including, among other things, all Product-related materials)
d. Ensuring that materials posted on the web 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), and complies with the Chickyz.com Affiliate Guidelines.
e. Ensuring that materials posted on the web site are not libelous or otherwise illegal
f. Ensuring that the web site accurately and adequately discloses, either through a privacy policy or otherwise, how the web site collects, uses, stores, and discloses data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors browsers.