1. Enrollment in the Program.
To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program.

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 thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. 

2. Links on your Site.
Once you have been notified that you have been accepted into the Program, you may provide on your site one or more general links to the NaturalPlay.com home page at http://www.NaturalPlay.com. 

We will provide you with guidelines and graphic artwork to use in linking to our home page. To permit accurate tracking, reporting and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will only earn referral fees with respect to activity on our site occurring directly through Special Links: we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement. 

If you don't have your own Web site and you are a private or public school or a nonprofit organization, you're still welcome to join the NaturalPlay.com affiliate program. We will provide a customer Welcome Page on our site for your customers. While you may supply text, images or designs for this page, all contents are subject to the review and approval of NaturalPlay.com. Customer Welcome Pages must prominently display the Special Link to NaturalPlay.com, and may not link to any other sites that offer products or services for sale. Welcome Pages may be altered or removed from our site without notice and at our discretion.

3. Order Processing.
We will process product orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms and process payments, cancellations and returns and handle customer service. We will track sales made to customers who purchase products using Special Links from your site to our site and will make available to you reports summarizing this sales activity. The form, content and frequency of the reports may vary from time to time at our discretion. 

4. Referral Fees.
We will pay you referral fees on certain product sales to third parties. For a product sale to be eligible to earn a referral fee, the customer must follow a Special Link from your site to our site, select and purchase the product using our automated ordering system, accept delivery of the product at the shipping destination and remit full payment to us. We will not, however, pay referral fees on any products that are purchased through any device (an "Internet Access Appliance") which provides Internet access but does not present our site or permit users to access and interact with our site, in the same manner as a desktop computer (e.g., mobile devices such as cellular telephones or PDAs which may only access limited or modified versions of our site).

You may not purchase products during sessions initiated through the links on your site for your own use, for resale or for commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. Products that are eligible to earn referral fees under the rules set forth above are referred to as "Qualifying Products." 

In addition, you may not: 

• directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money including any rebate, or granting of any discount or other benefit) for using Special Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your site to access our site); 
• post any Special Links on any Web site or other platform that is accessible through any Internet Access Appliance; read, intercept, record, redirect, interpret or fill in the contents of any electronic form or other materials submitted to us by any person or entity; 
• in any way modify, redirect, suppress or substitute the operation of any button, link or other interactive feature of our site; 
• make any orders, subscription requests or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist or encourage any other person or entity to do so; 
• take any action which could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, etc.) are occurring; or 
• post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize or encourage any third party to take any action. 

You will earn referral fees of 5% based on Qualifying Revenues. "Qualifying Revenues" are revenues derived by us from our sales of Qualifying Products, excluding costs for shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees and bad debt. 

5. Referral Fee Payment.
We will pay you referral fees on a quarterly basis. Approximately 30 days following the end of each calendar quarter, we will send you a check for the referral fees earned on our sales of Qualifying Products that were shipped during that quarter, less any taxes that we are required by law to withhold. However, if the referral fees payable to you for any calendar quarter are less than $25.00, we will hold those referral fees until the total amount due is at least $25.00 or (if earlier) until this Agreement is terminated. If a Product that generated a referral fee is returned by the customer, we will deduct the corresponding referral fee from your next quarterly payment. If there is no subsequent payment, we will send you a bill for the referral fee. 

6. Policies and Pricing.
Customers who buy products through this Program will be deemed to be customers of NaturalPlay.com. Accordingly, all NaturalPlay.com rules, policies and operating procedures concerning customer orders, customer service and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. 

We will make available to you a small graphic image that identifies your site as a Program participant. If you operate a Web site, you must display this logo or the phrase "An affiliate of NaturalPlay.com" somewhere on your site. We may modify the text or graphic image of this notice from time to time. (If you do not operate a Web site and are a private or public school or nonprofit organization, you are eligible for a customer Welcome Page on our site. See Paragraph 2 above.) You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld at our sole discretion. In addition, you may not in any manner misrepresent or embellish the relationship between us and you or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that NaturalPlay.com supports, sponsors, endorses or contributes money to any charity or other cause).

We grant you a nonexclusive, revocable right to use the graphic image and text described above images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating Product sales. You may not modify the graphic image or text or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our trademark guidelines; those guidelines may change from time to time. We may revoke your license at any time by giving you written notice. 

You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for the technical operation of your site and all related equipment creating and posting product descriptions on your site, the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials), ensuring that materials posted on your 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), ensuring that materials posted on your site are not libelous or otherwise illegal. 

We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance and contents of your site. 

7. Term of the Agreement.
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or NaturalPlay.com 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 use of and remove from your site all links to our site, and all NaturalPlay.com trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible only to earn referral fees on our sales of Qualifying Products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. 

8. Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures 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. 

9. Relationship of Parties.
You and we are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You will 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 otherwise, that reasonably would contradict anything in this Agreement. 

10. Limitation of Liability.
We will not be liable for indirect, special or consequential damages (or any loss of revenue, profits or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement. 

11. Disclaimers.
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, non-infringement 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 will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. 

12. Independent Investigation.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. 

13. Miscellaneous.
This Agreement will be governed by the laws of the United States and the State of Wisconsin, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Madison, Wisconsin, 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 such provision or any other provision of this Agreement.
 
 

Click here to complete the NaturalPlay.com Affiliate Enrollment Application.