1. Joining the Program
By filling out the signup form we will evaluate your application and will notify you of your acceptance or rejection. We may reject your application for any reason, including, but not limited to our determination, in our sole discretion, that your Site is unsuitable for the Program. Unsuitable Sites include, but are not limited to, those that: (a) contain or link to nudity or pornography or promote sexually explicit materials; (b) promote violence; (c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) promote illegal activities; (e) infringe our intellectual property rights or those of any third party or otherwise violate the rights of any third party; (f) contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party; (g) promote the use of any pyramid or similar schemes; or (h) include "Montebello Kitchens, Olde Shenandoah" or variations or misspellings thereof, in their domain names or in any metatags or other hidden text. If we accept your application, we will provide you with access to our affiliate program and you 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. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your Site is determined in our sole discretion to be unsuitable for the Program, we may terminate this Agreement at any time.

2. 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.

3.1. Montebello Kitchens agrees to pay you the commission specified in the Engagement if we sell to a visitor to montebellokitchens.com (a "Customer") a product or service that is the subject of the Engagement and if that Customer has accessed Montebellokitchens.com and purchased the product or service via a Qualifying Link.

3.2. A "Qualifying Link" is a link from your site to our site using one of the Required URLs if it is the last link to our site that the Customer uses during a Session where a sale of a product to a Customer occurs. A "Session" is the period of time beginning from a Customer's initial contact with our site via a link from your site and terminating when the Customer either returns to our site via a link from a site other than your site or the Engagement expires or is terminated.

3.3. Montebello Kitchens shall have the sole right and responsibility for processing all orders made by Customers. You acknowledge that all agreements relating to sales to Customers shall be between Montebello Kitchens and the Customer.

4.1. Each party owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.

4.2. Montebello Kitchens grants you a revocable, non-exclusive, license to use, reproduce and transmit the name, logos, trademarks, service marks, trade dress and proprietary technology, as designated in the Engagement on your site solely for the purpose of creating links from your site to our site during Engagements. Except as expressly set forth in this Agreement or permitted by applicable law, you may not copy, distribute, modify, reverse engineer, or create derivative works from the same. You may not sublicense, assign or transfer any such licenses for the use of the same, and any attempt at such sublicense, assignment or transfer is void.

5.1. Each party represents to the other that (a) it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby, and (b) any material which is provided to the other party and displayed on the other party's site will not (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding unfair competition, anti-discrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.

5.2. EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6.1. Each party hereby agrees to indemnify, defend and hold harmless the other party and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein.

7.1. In no event shall either party be liable to the other party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages.

7.2  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.

7.3.  The parties agree that Montebello Kitchens, LLC and its affiliates, officers, directors, employees and agents shall not be liable to either party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages.

8.1. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.

8.2. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of Virginia. Any action to enforce this Agreement shall be brought in the federal or state courts located in Virginia. 

9. Affiliate Links
You must  use graphic and text links both on your website and in emails provided by Montebello Kitchens. The site may also be advertised "offline" in classified ads, magazines, and newpapers. 

10. Affiliate Tracking
When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate username. Also, their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or the are using the same IP address as the one logged in the database.

11. 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.

12.  Signup Bonuses / Credits
Upon signing up with our program, you may or may not receive signup bonuses or credits to your affiliate account. These can amount to some form of cash equivalent. These signup bonuses or credits will only be paid out when you have reached the minimum payout amount designated by our Affiliate Program. You cannot redeem these credits for anything else other than what they are, and will not be dispersed until you have generated enough commissions that is equal or greater than the minimum payout amount. If you do not generate any commissions at all within a period of 1 year, our company reserves the right to revoke and cancel any signup bonuses credited to your affiliate account due to lack of performance.

By filling out this form you acknowledge that you have read the terms and conditions, understand, and agree with them.

Close this Window