Terms of Agreement

The Christianbook.com Affiliate Program

    THE CHRISTIANBOOK AFFILIATE PROGRAM AFFILIATE AGREEMENT

    The following is an Agreement between you (the “Affiliate”) and The Christianbook, LLC ("Christianbook") which governs the terms and conditions of your participation in the Christianbook Affiliate Program located at the website operated and maintained by Christianbook, LLC or its providers.

    1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

    Your participation in the Christianbook Affiliate Program is conditioned on your prior acceptance of the terms and conditions of this Agreement. By clicking on the I AGREE button provided below this Agreement you are agreeing to become a party to this Agreement as an Affiliate and to be bound by the terms and conditions of this Agreement. You agree to use the Christianbook website and to participate in the Christianbook Affiliate Program solely in accordance and compliance with the terms of this Agreement.

    The Affiliate shall complete the Christianbook Affiliate Program application accompanying this Agreement on the Christianbook website. The Affiliate warrants and represents that all information contained in its application is true, accurate and complete. Christianbook reserves the right to accept or reject the Affiliate for participation in the Christianbook Affiliate Program in its sole discretion.

    2. MODIFICATIONS OF THIS AGREEMENT.

    Christianbook reserves the right, in its sole discretion, to modify and amend this Agreement in any manner at any time by posting a change notice or new agreement on the Christianbook website or by emailing the Affiliate with a change notice or new agreement at the email address provided by the Affiliate as part of the application process (the “Affiliate’s email address”). Your continued participation in the Christianbook Affiliate Program constitutes your prior acceptance of the terms of such change notice or new agreement.

    3. ADDITIONAL TERMS.

    Certain features, functions, and sections of the Christianbook website and the purchase of products and services may be subject to additional posted terms and conditions governing the use of such features, functions and sections and the purchase of such products and services. Such additional posted terms and conditions are expressly incorporated into and made a part of this Agreement. In addition, Christianbook may establish guidelines, policies, and codes of conduct governing participation in the Christianbook Affiliate Program and use of the Christianbook website and all such posted guidelines, policies, and codes of conduct are expressly incorporated into and made a part of this Agreement.

    This Agreement incorporates the terms and conditions of the Christianbook Terms of Use Agreement which is available at https://www.christianbook.com/html/affiliate/affiliate_agreement.html. You understand and acknowledge that your participation in the Christianbook Affiliate Program and your use of the Christianbook website is subject to the terms and conditions of the Christianbook Terms of Use Agreement.

    4. LINKS.

    As soon as is practical after Christianbook receives and processes the Affiliate’s application, Christianbook shall send an email to the Affiliate indicating the applicant’s participation status (accepted/denied) in the Christianbook Affiliate Program. At that time, Christianbook shall provide the Affiliate with an affiliate ID number, user name, password, and instructions on how to create hyperlinks (“the links”) between the Affiliate website and the Christianbook website that will allow the Affiliate to access and download certain text and graphics onto the Affiliate website and the Christianbook website. All such instructions, text, graphics and other material provided to the Affiliate by Christianbook are hereinafter referred to as “Christianbook Content”.

    The establishment, placement, and maintenance of the Links and the Christianbook Content on the Affiliate website are the sole responsibility of the Affiliate provided, however, that Christianbook reserves the right to direct the Affiliate to remove or revise a Link or any Christianbook Content and the Affiliate will so remove or revise such Link or Christianbook Content upon notice from Christianbook.

    The Affiliate shall only use on the Affiliate website such hyperlinks and Christianbook Content as are provided to the Affiliate by Christianbook in connection with participation in the Christianbook Affiliate Program. Christianbook reserves the right to revise or substitute the Links and any of Christianbook Content and the Affiliate agrees to use such revised or substituted Links and Christianbook Content upon receipt from Christianbook.

    The Affiliate understands and acknowledges that for a hyperlink to qualify for participation in the Christianbook Affiliate Program, the link must be created through use of the Link Builder found within the Christianbook Affiliate Lobby which is available at http://affiliates.thechristianbookgroup.com/ and in accordance with the instructions provided by Christianbook.

    5. INTELLECTUAL PROPERTY RIGHTS.

    All right, title and interest in the Links and the Christianbook Content are and remain in and with Christianbook. No license or permission is given to the Affiliate to use the Links and the Christianbook Content except to the extent specifically provided herein.

    All trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos used on the Christianbook website are owned by Christianbook, its affiliated companies, its suppliers, or its licensors. All rights in and to such trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos are reserved to their respective owners. No license or permission is given to the Affiliate to use such trademarks, registered trademarks, trade names, product names, corporate names, graphics or logos in any manner except to the extent specifically provided to the contrary herein.

    The copyright in the Christianbook website, the content of the Christianbook website, and software utilized in the Christianbook website are owned by Christianbook and its suppliers and licensors. All rights in and to such copyrights are reserved to their respective owners. No license or permission is given to the Affiliate to use such copyrighted material in any manner.

    The Affiliate shall not remove, modify, or alter in any manner any notice regarding copyright, trademark, proprietary rights, warranty information, disclaimers, or warn­ings which are included in or on the Christianbook Content, the Christianbook website or any service or product offered for use or sale through the Christianbook website.

    The Affiliate shall not decompile, reverse engineer, disassemble or otherwise reduce the Links of any of the Christianbook Content to a human perceivable form or permit any other party to do so.

    THE USE OF THE LINKS, THE CHRISTIANBOOK CONTENT, THE CHRISTIANBOOK WEBSITE, THE CONTENT OF THE CHRISTIANBOOK WEBSITE, THE SOFTWARE UTILIZED BY THE CHRISTIANBOOK WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE CHRISTIANBOOK WEBSITE, EXCEPT AS EXPRESSLY PERMITTED, IS STRICTLY PROHIBITED AND SHALL CONSTITUTE AN INFRINGEMENT ON THE INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS OF CHRISTIANBOOK, ITS AFFILIATED COMPANIES, ITS LICENSORS OR SUPPLIERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

    6. LIMITED LICENSE.

    During the term of this Agreement, Christianbook hereby grants, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable, limited license to reproduce and display the Links and the Christianbook Content on the Affiliate website solely in connection with the Affiliate’s participation in the Christianbook Affiliate Program. All such use by the Affiliate of the Links shall be subject to the approval of Christianbook and the Affiliate shall revise such use or cease such use upon notice from Christianbook. Any and all goodwill associated with the use of the Links and the Christianbook Content shall inure exclusively to the benefit of Christianbook.

    7. RESPONSIBILITY FOR AFFILIATE WEBSITE AND PROPER USAGE.

    The Affiliate is solely responsible for the ownership, development, operation, and maintenance of the Affiliate website and all software and hardware used in connection therewith.

    The Affiliate shall not operate the Affiliate website nor use the Christianbook website (a) in any unlawful manner or in any manner that creates civil or criminal liability on the part of Christianbook or is otherwise harmful to Christianbook; (b) in any manner that could damage, disable, overburden, impair, impede, disrupt, or alter the Christianbook website; and (c) in any manner that would interfere, impair, impede, or disrupt the use of the Christianbook website by any third party.

    The Affiliate shall not post on or transmit through the Affiliate website or the Christianbook website any material that is unlawful; libelous; constitutes an invasion of privacy; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner; constitutes a breach of contractual and/or fiduciary obligations; infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights; or, contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.

    The Affiliate shall comply with all laws, statutes, ordinances, rules, regulations, and orders applicable to the Affiliate and the operation of the Affiliate’s business including, without limitation, those governing the use of electronic mail or other communications.

    The Affiliate shall not develop, maintain or operate the Affiliate website in any manner as to copy or resemble the appearance of the Christianbook website or as to create the impression that the Affiliate website is part of the Christianbook website or that the Affiliate website is owned, operated or maintained by Christianbook. The uniform resource locators (URLs), domain names, and other identifiers of the Affiliate website including, without limitation, website names, website descriptions, and meta information, shall not contain, in whole or in part, any trademarks, trade names, product names, company names, corporate names, or logos which are owned by Christianbook or its affiliated companies or which are derivatives thereof or confusingly similar thereto without the expression written permission of Christianbook. The Affiliate shall not contract or otherwise arrange with any third party to use or otherwise exploit the trademarks, trade names, product names, company names, corporate names, or logos which are owned by Christianbook or its affiliated companies or which are derivatives thereof or confusingly similar thereto for purposes of causing the Affiliate website to appear as a search result of any search engine or for any other reason.

    The Affiliate shall not “spider” or “crawl” the Christianbook website or use any other program, device, script or tool to monitor or explore the Christianbook website in order to retrieve information or content contained on the Christianbook website. Christianbook shall have the right to “spider” or “crawl” the Affiliate website or use any other program, device, script or tool to monitor or explore the Affiliate website in order to ensure the quality and reliability of the Links and the Affiliate’s compliance with the terms of this Agreement. The Affiliate shall take no action to block, impede, orinterfere with such monitoring and exploring of the Affiliate website by Christianbook.

    Christianbook disclaims and shall have and assume no liability whatsoever arising from the ownership, development, operation, maintenance, and use of the Affiliate website. The Affiliate agrees to, and hereby does, indemnify and hold Christianbook harmless from and against any and all liabilities, damages, losses, costs, and expenses, including, without limitation, attorney's fees, to any third party arising directly or indirectly from the ownership, development, operation, maintenance, and use of the Affiliate website.

    8. ORDER PROCESSING.

    Christianbook shall have the sole right and responsibility for processing and fulfilling product orders placed by Customers through the use of the Links as hereinafter provided. Christianbook’s responsibilities shall include order entry, payment processing, packing, shipping, cancellations, returns, and customer service. All such product orders and sales are at the price and subject to such terms and conditions as Christianbook shall determine in its sole discretion. Christianbook reserves the right to refuse an order for any reason and shall have no liability to the Affiliate for any order so refused.

    The parties acknowledge and agree that all users who visit the Christianbook website, including, without limitation, all Customers who place product orders through the use of the Links, are customers of Christianbook and are subject to the guidelines, policies, procedures, codes of conduct, and other terms and conditions imposed by Christianbook.

    9. CONSIDERATION.

    In consideration of the Affiliate establishing, placing, and maintaining the Links on the Affiliate website, and of all other obligations and agreements of the Affiliate hereunder, Christianbook shall pay to the Affiliate during the term hereof a fee based on the Net Sales Price for all products and services purchased by a Customer through the use of the Links in accordance with the following schedule:

    Total Sales
    Affiliate Fee
    All Physical Products..................................8%
    Digital Downloads and Media Access............5%

    Notwithstanding the foregoing, the fee payable to the Affiliate for purchases of digital downloads and all other forms of media for which access is provided electronically shall be five (5%) percent. Additionally, Affiliate purchases that include Christianbook discount or other special offer code will receive no fee on such purchases unless the offer is pre-approved for the Affiliate in writing by Christianbook, in which case the affiliate fee for approved discount promotions shall be five (5%) percent.

    Notwithstanding the foregoing, in order to qualify for a fee in excess of five (5%) percent, the Affiliate may not sell, directly or indirectly, or provide for the sale of, directly or indirectly, products or services which are substantially similar to those products and services offered for sale through use of the Christianbook website without the prior written approval of Christianbook.

    In order to qualify for the fee provided herein above, the Customer must have connected directly to the Christianbook website through the use of the Links created by an active affiliate account in the Link Builder and placed items in their shopping cart during the timed browsing session commencing with the Customer’s connection to the Christianbook website and terminating upon the expiration of the timed browsing session. The browsing session will remain active for four (4) hours after the last link is clicked on the Christianbook website. If the Customer leaves the Christianbook website and returns within this four (4) hour period, their browsing session will be reset and the Customer will still be deemed a referral of Affiliate. All items placed into the Customer’s shopping cart during an active affiliate browsing session will be credited to Affiliate if such itemsare purchased before the expiration of thirty (30) days from the date an item was placed in the shopping cart. If the Customer leaves the Christianbook website and returns to the Christianbook website during the active affiliate browsing session through the link of another Christianbook Affiliate, Partner, or other referral source tracked by Christianbook, the original active affiliate browsing session will end for Affiliate and no further sales will be credited to Affiliate for this Customer.

    The term “Net Sales Price” as used herein shall mean the gross revenue received by Christianbook from Customers for products and services purchased from Christianbook through the use of the Links as herein provided less sales taxes, duties, other taxes, shipping fees, handling fees, gift-wrapping charges, service charges, returns, and other charges incurred by the Customer.

    No fee shall be due to the Affiliate for the purchase of gift certificates, imprinting, membership fees or other non-merchandise sales.

    Christianbook will make payment to the Affiliate of all fees due, less any taxes required to be withheld under applicable law, within fourteen (14) days of the end of each calendar month. In the event that the fees due are less than Twenty-five ($25.00) Dollars, no payment shall be made that month and the balance of the fee due will be carried to the next calendar month. Christianbook may deduct and set-off from any fee due to the Affiliate any over-payment previously made by Christianbook to the Affiliate and any other amounts due from the Affiliate to Christianbook under this Agreement or otherwise.

    All checks issued by Christianbook to the Affiliate in payment of the fees due to the Affiliate hereunder shall be void if not cashed within sixty (60) days of the date of issue. All such checks shall be mailed by Christianbook to the Affiliate at the address provided by the Affiliate on the Affiliate Application. The Affiliate is solely responsible for keeping its address information as is on file with Christianbook current and accurate. In the event that a check issued by Christianbook to the Affiliate is returned to Christianbook or otherwise not received by the Affiliate due to inaccurate or non-current address information provided by the Affiliate to Christianbook or if the Affiliate fails to cash a check prior to such check becoming void, Christianbook shall have no obligation to provide a replacement check to the Affiliate or to otherwise pay to the Affiliate the fees represented by such check and the Affiliate shall be deemed to have waived its rights to receive such fees. In the event the Affiliate requests that Christianbook provide a replacement check to the Affiliate for a check that was returned to Christianbook or otherwise not received by the Affiliate due to inaccurate or non-current address information or for a check which has become void, Christianbook shall determine in its sole discretion whether to so provide a replacement check provided that Christianbook shall be under no obligation to do so.

    Christianbook will post information regarding sales generated as a result of product orders placed through the use of the Links in a password protected area of the Christianbook Affiliate Lobby which is available at http://affiliates.thechristianbookgroup.com

    10. AFFILIATE’S WARRANTIES AND REPRESENTATIONS.

    The Affiliate hereby warrants and represents as follows: (a) this Agreement has been duly and validly executed and delivered by or on behalf of the Affiliate and constitutes a legal, valid, and binding obligation of the Affiliate in accordance with the terms and conditions hereof; (b) that, if the Affiliate is a natural person, the Affiliate is at least eighteen (18) years of age; (c) that the Affiliate has the full power and authority to enter into this Agreement; and (d) that the Affiliate’s execution of, delivery of, and performance under this Agreement do not constitute a violation of law or a breach of the Affiliate’s contractual and/or fiduciary obligations or a infringement on any third party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights.

    You further agree to all of the following special terms:

    a, Non-Solicitation: Affiliate agrees, warrants and represents that for as long as Affiliate participates in the Christianbook Affiliate Program, it shall not engage in any solicitation activities in behalf of Christianbook or Christianbook's affiliated companies including, but not limited to: distributing flyers, coupons, newsletters and other printed promotional materials, or electronic equivalents; verbal solicitation (e.g., in-person referrals); initiating telephone calls; and sending e-mails that specifically refer to Christianbook or Christianbook's affiliated companies. Affiliate further agrees that it will not directly or indirectly solicit potential customers of Christianbook through blogs, microblogs, social networking sites, or other means of direct or indirect solicitation that are specifically targeting and limited to the residents of the state in which the affiliate conducts solicitation activities.

    b. Proof of Compliance: Simultaneously with Affiliate’s assent to these special terms, and no later than ten (10) calendar days after the end of each calendar year during which Affiliate participated in the Christianbook Affiliate Program, Affiliate shall execute, under penalty of perjury, and deliver to Christianbook a certification (“Certification”) stating that Affiliate has not engaged, at any time during the previous calendar year, in any of the solicitation activities prohibited by subsection 10a of this Agreement. This subsection 10b shall survive the termination of this Agreement and Affiliate’s participation in the Christianbook Affiliate Program.

    c. Additional Termination Rights: Christianbook shall have the right to terminate Affiliate’s participation in the Christianbook Affiliate Program immediately upon written notice to Affiliate in the event that Christianbook determines, in its sole and absolute discretion, that Affiliate (a) has breached or are breaching any of the provisions set forth in these special terms, or (b) have engaged or are engaging in any other activity which could reasonably cause Christianbook to be deemed a sales tax retailer in any state.

    11. DISCLAIMER OF WARRANTY; DISCLAIMER OF CONSEQUENTIAL DAMAGES; INDEMNIFICATION; AND LIMITATIONS ON CHRISTIANBOOK’S LIABILITY.

    THE CHRISTIANBOOK AFFILIATE PROGRAM, THE CHRISTIANBOOK WEBSITE, THE CONTENT OF THE CHRISTIANBOOKWEBSITE, THE SOFTWARE UTILIZED BY THE CHRISTIANBOOK WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE CHRISTIANBOOK WEBSITE ARE PROVIDED ON AN “AS IS” BASIS AND CHRISTIANBOOK MAKES NO WARRANITES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CHRISTIANBOOK AFFILIATE PROGRAM, THE CHRISTIANBOOK WEBSITE, THE CONTENT OF THE CHRISTIANBOOK WEBSITE, THE SOFTWARE UTILIZED BY THE CHRISTIANBOOK WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE CHRISTIANBOOK WEBSITE.

    CHRISTIANBOOK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON CHRISTIANBOOK'S PART RELATING TO THE CHRISTIANBOOK AFFILIATE PROGRAM, THE CHRISTIANBOOK WEBSITE, THE CONTENT OF THE CHRISTIANBOOK WEBSITE, THE SOFTWARE UTILIZED BY THE CHRISTIANBOOK WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE CHRISTIANBOOK WEB SITE, AND CHRISTIANBOOK NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR CHRISTIANBOOK ANY OTHER LIABILITIES OR OBLIGATIONS.

    CHRISTIANBOOK MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE TRUTH, ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTAINED ON THE CHRISTIANBOOK WEBSITE, IN THE CONTENT OF THE CHRISTIANBOOK WEBSITE, OR IN OR ON ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE CHRISTIANBOOK WEB SITE.

    CHRISTIANBOOK MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, THAT THE OPERATION OF THE CHRISTIANBOOK WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE CHRISTIANBOOK WEB SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER CODE, SCRIPTS, ROUTINES, FILES OR PROGRAMS DESIGNED TO ALTER, INTERRUPT, IMPEDE, LIMIT OR DESTROY THE PERFORMANCE AND/OR FUNCTIONING OF ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT.

    CHRISTIANBOOK SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DAMAGE TO ANCILLARY OR ATTACHED EQUIPMENT OR COMPONENTS THEREOF OR FOR LOSS OR NON-RECOVERABILITY OF ANY DATA OR STORED INFORMATION.

    CHRISTIANBOOK SHALL HAVE NO LIABILITY TO ANY THIRD PARTY ARISING FROM THE USE OF THE CHRISTIANBOOK WEB SITE, THE CONTENT OF THE CHRISTIANBOOK WEBSITE, THE SOFTWARE UTILIZED BY THE CHRISTIANBOOK WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE CHRISTIANBOOK WEB SITE.

    THE AGGREGATE LIABILITY OF CHRISTIANBOOK WHATSOEVER ARISING UNDER THE TERMS OF THIS AGREEMENT OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT OR PARTICIPATION IN THE CHRISTIANBOOK AFFILIATE PROGRAM SHALL NOT EXCEED THE AGRREGATE TOTAL OF FEES PAID UNDER THIS AGREEMENT BY CHRISTIANBOOK TO THE AFFILIATE DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM AROSE.

    SOME STATES DO NOT ALLOW FOR EXCLUSION OF AND/OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

    THE AFFILIATE AGREES TO, AND HEREBY DOES, INDEMNIFY AND HOLD CHRISTIANBOOK HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, TO ANY THIRD PARTY ARISING DIRECTLY OR INDIRECTLY FROM THE AFFILIATE’S USE OF THE CHRISTIANBOOK WEBSITE, THE CONTENT OF THE CHRISTIANBOOK WEBSITE, THE SOFTWARE UTILIZED BY THE CHRISTIANBOOK WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE CHRISTIANBOOK WEBSITE.

    THE AFFILIATE AGREES TO, AND HEREBY DOES, INDEMNIFY AND HOLD CHRISTIANBOOK HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, ARISING FROM THE AFFILIATE’S BREACH OF OR DEFAULT UNDER THE WITHIN AGREE­MENT.

    12. TERM AND TERMINATION.

    The term of this Agreement shall commence upon the acceptance by Christianbook of the Affiliate’s Christianbook Affiliate Program application and shall continue until terminated by either party in accordance with the terms of this Agreement.

    Either party may terminate this Agreement at any time, with or without cause, upon written notice to the other party as hereinafter provided.

    At the beginning of each year, Christianbook may review the entire affiliate database and may terminate any Affiliate account from the Christianbook Affiliate Program that is more than twelve (12) months old and has earned less than Twenty-five ($25.00) Dollars in affiliate fees during the preceding twelve (12) month period. Such termination shall also operate as a termination of the within Agreement and shall be effective upon written notice from Christianbook to the Affiliate.

    Upon termination of this Agreement, the Affiliate shall immediately remove all Links and Christianbook Content from the Affiliate website and shall return all Links and Christianbook Content to Christianbook.

    Upon termination, the Affiliate shall be entitled to all fees hereunder accruing as of the date of termination provided that the related product orders are not cancelled or the product returned. Christianbook may withhold final payment upon termination for a reasonable period of time, not to exceed six (6) months to ensure that the correct amount is paid.

    13. ELECTRONIC COMMUNICATIONS.

    The Affiliate consents to receive electronic communications from Christianbook either in the form of email sent to the Affiliate’s email address, the monthly Affiliate Newsletter or by communications posted on the Christianbook website. The Affiliate acknowledges and agrees that any electronic communication in the form of such email or posting on the Christianbook website shall satisfy any legal requirement that such communication be in writing.

    14. NOTICES.

    All notices to the Affiliate will be sent by email to the Affiliate’s email address or by first class mail, postage prepaid, to the Affiliate at the mailing address listed by the Affiliate as part of the application process. All notices to Christianbook shall be sent by email to

    affiliates@thechristianbookgroup.com or by first class mail, postage prepaid, to:

    The Christianbook, LLC
    Attn: Affiliate Manager
    P.O. Box 8000
    Peabody, MA 01961-8000

    15. APPLICABLE LAW, JURISDICTION AND VENUE.

    The Christianbook website is created, controlled, owned and operated by Christianbook in the Commonwealth of Massachusetts. The laws of the Commonwealth of Massachusetts shall govern and control this Agreement, the performance of each party under this Agreement, participation in the Christianbook Affiliate Program, the use of the Christianbook website, and the purchase of services and products through the use of the Christianbook website. The Affiliate and Christianbook each hereby consent to the exclusive personal jurisdiction and subject matter jurisdiction of any of the courts in the Commonwealth of Massachusetts, whether federal or state, for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with participation in the Christianbook Affiliate Program, any purpose or matter pertaining to the performance of this Agreement, any purpose or manner arising from or in connection with the use of the Christianbook website, and any purpose or manner arising from or in connection with the purchase of services and products through the use of the Christianbook website. The Affiliate and Christianbook each agree that any action or proceeding commenced for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with participation inthe Christianbook Affiliate Program, any purpose or matter pertaining to the performance of this Agreement, any purpose or manner arising from or in connection with the use of the Christianbook website, and any purpose or manner arising from or in connection with the purchase of services and products through the use of the Christianbook website shall be commenced and maintained only in a court in the Commonwealth of Massachusetts.

    16. RELATIONSHIP OF THE PARTIES.

    The parties acknowledge and agree that there is no joint venture, partnership, employee, agency or fiduciary relationship existing between the parties and the parties do not intend to create any such relationship by this Agreement, the performance of the parties under this Agreement, or the Affiliate’s participation in the Christianbook Affiliate Program. Neither party shall have any right, by virtue of this Agreement or the Affiliate’s participation in the Christianbook Affiliate Program to make any contract, agreement, undertaking, warranty, or representation on behalf of the other party.

    17. PUBLICITY.

    The Affiliate may not issue any press release regarding the relationship of the Affiliate and Christianbook or the terms of this Agreement nor, except for the use of the Links and the Christianbook Content on the Affiliate website specifically authorized under this Agreement, otherwise publicize or disclose to any third party the relationship of the Affiliate and Christianbook or the terms of this Agreement without the express written consent of Christianbook.

    18. CUSTOMER INFORMATION.

    The Affiliate acknowledges that as the result of the Affiliate’s participation in the Christianbook Affiliate Program and the creation and maintenance of the Links, Christianbook may receive information about users of the Affiliate website and the Affiliate agrees that Christianbook and its affiliates are authorized to access, receive, store, use and disclose such information. The Affiliate further acknowledges and agrees that Christianbook and its affiliates are authorized to access, receive, store, use and disclose all information regarding Customers who connect to the Christianbook website or who place product orders through the use of the Links.

    19. BINDING EFFECT AND ASSIGNMENT.

    This Agreement shall be binding on and inure to the benefit of the parties hereto and their heirs, executors, administrators, personal representatives, successors and assigns. This Agreement may not be assigned by the Affiliate without the express written consent of Christianbook, which consent Christianbook may withhold in its sole and absolute discretion. This Agreement is freely assignable, in whole or in part, by Christianbook.

    20. MISCELLANEOUS.

    All terms, covenants, and conditions contained herein are severable and in the event any of them shall be held to be invalid by a court of competent jurisdic­tion, this Agreement shall be interpreted as if such invalid term, covenant, or condition were not contained herein.

    Headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement.

    Any failure by Christianbook to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of Christianbook to enforce the provision at any subsequent time.

    The remedies reserved in this Agreement shall be cumulative and in addition to any other remedies provided in law or equity.

    If any provision of this Agreement or of any order is or becomes void or unenforceable by force or operation of law, the other provisions shall remain valid and enforceable.

    In the event of termination of this Agreement, regardless of the manner or cause for termination, all provisions of this Agreement which by their nature survive such termination shall survive such termination. The termination of this Agreement shall not relieve or operate as a waiver ofany prior breach of or default under the terms hereof.